Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
It might be fairer to the pathologists were they to receive a fixed
remuneration per annum, irrespective of the number of bodies subjected
to scrutiny or to internal examination. The remuneration could be
based on yearly averages, when the perfectly natural incentive for
an extra two guineas would be absent in deciding them in favour of a
_post mortem_ or against the necessity for it. It is not suggested
that a reputable pathologist would be much influenced by a trifling
fee, but where he is to receive payment for doing a thing, and nothing
for not doing it, he perforce does it. Then, too, where a person has
the power to decide whether or not the carrying out of a _post mortem_
is necessary, there is a tendency for him to give more attention to
all the various circumstances of the death than he might otherwise
feel himself obliged to do. A highly qualified man, with the power of
independent judgment, does not deliberately set himself a task unless
he believes its performance to be essential. By giving some such
power to the “medical investigators or pathologists,” a great deal of
superfluous work would be saved. The question of reducing every coroner
to a fixed salary--_i.e._, a salary not dependent on the number of dead
bodies on which inquests are held--would be a further advantage both to
the coroners and to the community. The system of so much per head per
corpse is obsolete; if it is not exactly obsolete, it ought to be so.
The second part of the Coroners’ Law and Death Certification
(Amendment) Bill is concerned with questions of death certification
and burial. Section 16 of the Bill, which is the first in Part II.,
sets out that “No death shall be registered under the Registration
Acts without the delivery to the registrar of a certificate of death
duly signed by a registered medical practitioner, or by a coroner,
after holding an inquiry or inquest.” The next section goes on to say
that, “Before giving a certificate of death, a registered medical
practitioner shall personally inspect the body and identify it as the
body of the person named in the certificate whom he has attended during
his last illness, and shall _certify to the fact of death as well as to
its cause_.” (The italics do not appear in the Bill.) Sections 18 and
19 are uninteresting, merely containing, as they do, particulars of the
form of death certificates and the method of filing the same.
Section 20. (1) “When the registered medical practitioner who attended
a person during his last illness is unable to give a certificate of
death, he shall forthwith notify to the coroner the fact of such death
with the reasons for his inability to give such certificate.” (2) “When
no registered medical practitioner has attended the deceased person
during his last illness, the relatives, friends, or other persons
having cognizance of the death, or of any doubtful or suspicious
circumstances attending the death, shall themselves report full
particulars thereof to the coroner.”
Public-domain text, read in full here on John Shaqi.
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