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What is the Coroner’s Court – scope of jurisdiction
The Coroner’s Court is a specialist jurisdiction in
Australia which exists to investigate the cause and circumstances
of certain specified events, most commonly deaths.
Each Australian State and Territory has its own Coroner’s
Court with unique legislation giving the Coroner powers of
investigation. Each version of the Coroners Act defines
‘reportable death’ to determine which deaths must be
investigated by a coroner. This varies from state to state.
In South Australia, the definition of a reportable death
includes the death of a person who dies as a result of, or within
24 hours of a surgical procedure or the administration of an
anaesthetic.
Conversely, the Victorian legislation does not include a time
period in its definition but states that a reportable death
includes a death which occurs during a medical procedure or
following a medical procedure where the death is or may be casually
related to the medical procedure.
When might a health practitioner be involved in a Coronial
matter?
The most common situation in which a health practitioner can
become involved in a coronial investigation will be if the health
practitioner was involved in a patient’s care whose subsequent
death is being investigated by the Coroner.
A health practitioner may be required to report the death to the
Coroner, be asked to provide a copy of their clinical notes to the
Coroner or prepare a witness statement and possibly appear to give
oral evidence at an Inquest.
What is a reportable death?
Each state and territory’s coronial legislation sets out the
legal test for what is a reportable death. If you are unsure
whether a death is reportable, you can contact Gilchrist Connell
for advice.
Some initial steps are to ensure that your clinical notes are in
good order and to review them while the matter is still fresh in
your mind. This will be useful when coming to prepare a witness
statement.
Do I have to comply with a request for a patient’s clinical
notes?
Typically, coronial investigations are carried out by police.
Health practitioners will usually be contacted by a police officer
who has been tasked with gathering evidence to compile a brief for
the Coroner to consider.
In some states, the practitioner will receive a formal summons
stamped by the Coroner requiring production of the medical records
pertaining to the patient. If such a summons is received, you are
required to comply with the summons and produce the notes.
In other states, the health practitioner may receive a request
from the investigating officer to provide the notes without a
formal document from the Court. In such a situation, it is
important to be clear as to any ethical issues preventing you from
providing the notes such as the deceased’s next of kin not
consenting in the context of their not wanting the death to be
investigated.
Preparing a statement / appearing as a witness
Sometimes a request will be made for the health practitioner to
provide a witness statement to explain their assessment and
treatment of the patient. This can be requested even if there is no
suggestion that the health practitioner’s conduct is being
criticised.
It is important to obtain legal assistance in preparing a
statement for the Coroner to ensure that the statement is drafted
clearly and ensures that your interests protected.
If an inquest is held, a health practitioner may be required to
give oral evidence in addition to their written statement. It is
important that you receive legal assistance to ensure that you
understand the process and receive support in giving your evidence
before the Coroner.
Ultimately, the coroner’s role is to investigate the cause
and circumstances of a death and if appropriate, make
recommendations with the goal of reducing the likelihood of the
same circumstances being repeated. Health practitioners play an
important role in assisting the Coroner in this task and ideally,
ensuring that patient care is maximised in our health care
system.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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