Inquests
What is an Inquest?
Public Hearing
The Inquest
Verdict
It can be a very traumatic time for the whole family when a loved one dies. This can be even worse when concerns are raised about medical treatment leading up to the death.
You may require help and advice if the Coroner decides to hold an Inquest. We have assisted many families through this process.
What is an Inquest?
Inquest is a fact finding enquiry conducted by a Coroner, with or without a Jury, to establish reliable answers to the following questions:-
- Who the Deceased was?
- How the Deceased came by his/her death?
- When the Deceased came by his/her death?
- Where the Deceased came by his/her death?
The proceedings and evidence should be directed solely to these questions. The purpose of an Inquest is to obtain answers to questions, it is not a forum for opinions to be expressed, nor is it designed to find fault or attribute blame.
Public Hearing
The great value of the Coroner’s inquiry is that it places the facts in the public domain and allows people with a legitimate interest to ask questions and find out what occurred. For some relatives an Inquest is part of coming to terms with what happened. It is an emotionally draining experience.
The Inquest
Although relatives can represent themselves at Inquests it is often a very emotionally charged occasion. It can also be very daunting and therefore the family may wish to be represented by a solicitor or a barrister who is experienced in this type of enquiry.
In terms of procedure, the Coroner will have reviewed the case and will have decided prior to the Inquest the evidence to be heard.
Once the facts are public knowledge it is often easier to assess any possible liability for negligence. Personal representatives of the deceased have the right to see medical records pursuant to the Access to Health Records Act 1990.
Verdict
Generally, the Coroner decides on the verdict from the following list:-
- Natural causes
- Accident/misadventure
- Open verdict
- Suicide
There are other less common verdicts. Cases have been decided that now allow the Coroner to provide a narrative verdict which can go more into the circumstances surrounding the cause of death rather than just dealing with the verdict itself.
In addition to the Coroner’s notes of Inquest, the proceedings are usually taped. It is possible to obtain transcripts but a fee is usually charged.
Information obtained at the Inquest can be very useful when assessing a claim for medical negligence.
Summary
This is only a very short summary of what is a complicated medico-legal topic. All claims for medical negligence require a detailed assessment of the factual, medical and legal issues surrounding the circumstances of the treatment. Raleys can help you find a way through this maze.
