Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
It would be necessary also to notify the coroner if the death took
place under circumstances which, to the medical attendant, appeared
suspicious, such as might arise from culpable neglect or cruelty on
the part of persons in charge of the deceased. The same would apply to
cases in which the cause of death was unknown. A great responsibility
rests on the medical practitioner, in that he is compelled under a
penalty to certify as to the cause of death; while if he do so without
due consideration, or carelessly, he renders himself liable to censure
or legal proceedings.
It may happen that in certain cases--for example, where an accident
befell the deceased during the course of a lingering illness, and which
in itself had no causal relations to the death--the doctor may be prone
to certify the death as from the illness alone, taking no note of the
accident; and pressure may be brought to bear upon him by the relations
of the deceased to so certify and save them the trouble and publicity
of an inquest. It should be remembered, however, that although the
certificate be accepted by the registrar, and interment take place, the
coroner, if informed of the matter, may order the body to be exhumed
for the purposes of inquest.
There are coroners who, on receipt of information of death from
uncertain causes, may elect, on evidence obtained apart from the
medical practitioner, to notify the registrar authorising the interment
without holding an inquest. The law, however, states that, “except upon
holding an inquest, no order, warrant, or other document for the burial
of the body shall be given by the coroner” (50 and 51 Vict.).
The Coroners Act (50 and 51 Vict.) provides that, when a coroner is
informed that the dead body is lying within his jurisdiction, and there
is reasonable cause to suspect that such person has died a violent or
unnatural death, or a sudden death, of which the cause is unknown, or
died in prison, he shall summon a jury of not less than twelve, or more
than twenty-three, men to inquire touching the death of such person
aforesaid.
If the deceased were attended at his death, or during his last illness,
by a legally qualified medical practitioner, the coroner may summon
such practitioner as a witness. If the deceased were not so attended in
his last illness, the coroner may summon any legally qualified medical
practitioner in actual practice, in or near the place where the death
happened, to give evidence as to the cause of death. In either case
the coroner may require the medical witness to make a _post-mortem_
examination of the body, with or without analysis of the contents of
the stomach or intestines.
Should a statement on oath be made by any one before the coroner, that
in his belief the death of the deceased was caused partly or entirely
by the improper or negligent treatment of a medical practitioner, such
medical practitioner shall not make or assist at the _post-mortem_
examination.
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