Overview
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Medico-Legal Death Investigation
What is a Medico-Legal Death Investigation?
Most deaths that occur in the community are not reported to the Coroners Court. However between 10% and 20% of deaths are reportable because they fall into the classes of death that the Coroners’ Act 2008 (Vic) indicates must be investigated by a Coroner.
All members of the public can report a death to the Coroner if they believe it is or may be reportable. However, Doctors and the Police have a special duty to report reportable deaths.
We often hear people say that the role of the Coroner is to investigate ‘suspicious’ deaths. Interestingly the word ‘suspicious’ does not appear in the legal criteria for a reportable death in Victoria and it is often a surprise to the community to learn that the largest number of deaths reported to the Coroner have nothing to do with crime, but are due to natural causes, accidents and suicides.
Reportable deaths include; those where the cause of death is not known and a death certificate cannot be provided by the individual’s doctor; those whose identity is unknown; those that are directly or indirectly the result of an accident or injury including road fatalities, and workplace deaths; deaths that occur in ‘custody’ including all prison deaths and death in the setting of police operations and ‘unnatural deaths’ such as suicides and accidental drug overdoses.
Who is Involved in a Medico-Legal Death Investigation?
In order to investigate reportable deaths our forensic pathologists involve a range of other forensic specialists. Together they provide the Coroner with forensic investigation reports and legal statements which forms much of the medical component of the Coroner’s investigation. Many different groups in the community rely on these reports including:
Patients and their families who rely on our medical findings and clinical advice to understand not only the death of their loved one, but also to potentially improve and maintain their own health and that of their family.
Victorian Courts including the Supreme Court, County Court, Coroners Court, Magistrates’ Court and tribunals
Transport and work-related agencies including the Transport Accident Commission, VicRoads, WorkCover and related government departments
Emergency and law enforcement agencies including Victoria Police, fire and ambulance services and related government departments
Legal professionals particularly in relation to matters before the criminal courts and the Coroners Court
Hospitals and medical practitioners including departments of pathology, surgery, emergency medicine, quality assurance and medical administration, hospital specialists, general practitioners and specialists in training.
Patients and their families who rely on our medical findings and clinical advice to understand not only the death of their loved one, but also to potentially improve and maintain their own health
Victorian Courts including the Supreme Court, County Court, Coroners Court, Magistrates’ Court and tribunals
Transport and work related agencies including the Transport Accident Commission, VicRoads, WorkCover and related government departments
Emergency and law enforcement agencies including Victoria Police, fire and ambulance services and related government departments
Legal profession particularly in relation to matters before the criminal courts and the Coroners Court
Hospitals and medical practitioners including their departments of pathology, surgery, emergency medicine, quality assurance and medical administration, hospital specialists, general practitioners and specialists in training.