MEDICOLEGAL

Report a Death to the Coroner

🔎 When Should I Report a Death to the Coroner?

  • JMOs must decide whether:
    • A death needs to be reported to the Coroner, or
    • A death certificate can be issued.
  • A death should be reported if:
    • The cause of death is unknown.
    • Any criteria in Table 1 (jurisdiction-specific coronial reporting criteria) are met.
    • The JMO cannot form an opinion on probable cause of death.
  • Note:
    • Issuing a death certificate and reporting a death to the Coroner are mutually exclusive.
    • If unsure, seek advice from:
      • The Coroner’s Office
      • Medical Indemnity

Preparing a Report to the Coroner

📌 When will you be asked?

  • Request may come from:
    • Medical administration
    • Hospital legal department
    • Police assisting the Coroner
  • May be verbal or written.

What should you do first?

  • Seek immediate advice from Medical Indemnity
    • Especially important if the case may proceed to a Coronial Inquest.
    • Legal support may be needed.
  • Ask your hospital to review the report before submission.

What should be included?

  • Patient’s full name and date of birth
  • Your full name, qualifications, and clinical role at the time
  • A chronological account of your direct involvement in care
    • Include key dates, times, and events

General principles:

  • Use medical records as your primary reference
  • Include only first-hand information
  • Identify other practitioners involved—do not summarise their care
  • The Coroner uses multiple statements to reconstruct the events (“jigsaw” approach)

❓ Answering Coroner’s Questions

  • Answer clearly and succinctly
  • If you don’t know the answer, it’s acceptable to state that
  • It is not an exam—you’re not expected to answer everything

Categories of Reportable Deaths

Reportable if any of the following apply:

  • ✅ Identity of the person is unknown
    • Must be reported to police (Form 1A cannot be used)
  • ✅ Death was violent or unnatural
    • Includes:
      • Accidents
      • Suicide
      • Homicide
      • Trauma (e.g., MVA, falls with head injury or #NOF)
      • Drug, alcohol, poison-related deaths
      • Drownings
    • Reportable even if there is a delayed death after the incident
    • Suicide, homicide, workplace or traffic-related deaths must be reported to police
    • Form 1A can be used in appropriate cases
  • ✅ Death occurred in suspicious circumstances
    • Must be reported to police
    • Coronial inquest postponed if criminal charges are likely
    • Form 1A not permitted
  • ✅ No cause of death certificate issued or likely to be issued
    • If the doctor cannot determine cause of death
    • Must report to police
    • Coroner may order an autopsy

🏥 Health Care Related Deaths

Reportable if both:

  1. Health care caused or contributed to the death, or failure to provide it did;
  2. The death was an unexpected outcome of the health care.

✔ Definitions:

  • Health care = medical, surgical, dental, diagnostic, therapeutic procedure (incl. anaesthetic/drug)
  • Contributed to death = person would not have died at that time without the healthcare

✔ Assess using:

  • Would the person have died around the same time without the health care? → Yes/No
  • Was death due to the natural progression of disease/injury? → Yes/No
  • Was care provided with reasonable skill? → Yes/No
    → If any are “No”, the death is reportable

✔ Unexpected outcome:

Ask from the perspective of a professional peer:

  • Was death more likely than not before the care was given?
  • Was the patient told death was likely?
  • Was the decision to treat reasonable based on condition/quality of life?
    → If any are “No”, the death is reportable

🧑‍🦽 Deaths in Care

Reportable if the person:

  • Had a disability and lived in NDIS-supported accommodation or received high-level support
  • Was detained or assessed under Mental Health Act 2000 or Forensic Disability Act 2011
  • Was a child:
    • Awaiting adoption (Adoption of Children Act 1964)
    • Under Child Safety orders (Child Protection Act 1999)
  • Death reportable even if occurred in hospital

🚔 Deaths in Custody or Police Operations

  • Must be reported if:
    • Person died in custody, escaping, or avoiding custody
    • Death was during police operations
  • Always reported to police

👶 Are Stillbirths Reportable?

  • ❌ No, under Coroners Act, coroners cannot investigate stillbirths
  • Stillbirth = no signs of life after full deliveryAND:
    • Gestation > 20 weeks, or
    • Weight > 400g
  • Coroner may order autopsy to confirm stillbirth, but investigation must cease once confirmed

🕵️‍♂️ Preserving the Scene in Healthcare Settings

Health care providers must balance:

  • Forensic needs of investigation
  • Ability to continue treating other patients
  • Family’s need for contact with the deceased

⚠️ State coroner guidelines exist for managing evidence in healthcare-related deaths.

ConditionNSWVICQLD
CAUSE OF DEATH
Unknown✔✔✔
Unexpected (following healthcare procedure)✔✔✔
Unnatural or violent✔✔✔
Suspicious or unusual✔✔
NATURE OF DEATH
Identity unknown✔✔
Resulted directly or indirectly from an accident or injury✔✔✔
Unnatural or violent
Not attended by medical practitioner
During or as a result of anaesthetic/surgical/invasive procedure✔
if not reasonably expected outcome
✔
if not reasonably expected outcome
✔
if not reasonably expected outcome (includes failure to provide healthcare)
Not a reasonably expected outcome of a healthcare procedure✔✔✔
Within 24 hours of hospital discharge or emergency treatment
In police or other lawful custody✔✔✔
Held in care (e.g. mental health facility, residential service)✔✔✔

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