Inquests
Malcomson Law provide advice in relation to all matters arising following a death including the formalities pertaining to post-mortem examinations, burials, cremations, Inquests held by a Coroner and jury Inquests. Clients are often completely unaware of their rights and the procedures, and our experience in this area can help to alleviate pressure at this traumatic time.
Coroner
Coroners Court
When a loved one dies in unclear or uncertain circumstances, it is inevitably a traumatic time. It is difficult to know what to do or who to turn to for advice. The procedures associated with obtaining a death certificate can often make the situation worse.
This is especially true when there is a requirement to have a formal inquest. While the family involved will generally have questions that they want answers to, sometimes it may be too daunting to ask them in the forum of an Inquest.
Malcomson Law has significant experience in representing families at Inquests, and in obtaining the answers to these difficult questions.
The Role of the Coroner
A Coroner is employed by the State and has the responsibility of ascertaining the cause of any sudden, unexplained, violent or unnatural death. Coroners are primarily concerned with establishing the cause of death but not with apportioning blame.
Inquests
An Inquest is an official, public enquiry, presided over by the Coroner into the cause of sudden, unexplained or violent death.
Under Irish law, an Inquest must be held if ANY of the following criteria apply:
- The death occurred in a violent manner
- The death occurred in an unnatural manner
- The death occurred suddenly and/or from unknown causes
- The death occurred in a medical environment from anything other than natural illness or disease
- The coroner must have reasonable cause to believe that one of the above criteria applies.
Reporting a Death
A death is reported to the Coroner by a doctor or a member of An Garda Suíochana. Whenever the Coroner receives a report he decides if an Inquest should be held. The Registrar of Births, Deaths and Marriages must wait for the Coroner to complete his enquiries before the death can be registered and a death certificate issued. Such enquiries may take time, so it is always best to contact the Coroner's office before any funeral arrangements are made.
Post Mortem
Prior to the Inquest a post mortem is held. This is to assist the Coroner in determining the cause of death. The pathologist will undertake various clinical tests for this purpose.
Inquest Procedures
It can take anything from 4 to 12 months before the Coroner is able to hold the requisite Inquest. The purpose of the inquest is to answer 4 questions:
- Who has died?
- When they died?
- Where they died?
- How they died?
At the Inquest the Coroner will hear evidence from the family of the deceased, and in a medical malpractice situation, from the doctors involved in the deceased's treatment prior to death. In medical malpractice situations, the hospital will be represented by a lawyer if there is a possibility of criticism of such a hospital.
The family of the deceased or their legal representative will be given an opportunity to ask questions of the witnesses and make submissions to the Coroner. At the end of the Inquest the Coroner will deliver answers to the questions set out at i - iv and a specific "verdict".
The range of verdicts open to the Coroner is accidental death, misadventure, suicide, open verdict, natural causes and unlawful killing.
Legal Advice
At Malcomson law we have been to the forefront in the development of the law associated with the Coroners Court and Inquests.
During the course of representing the Nowlan family, it became apparent that there was a necessity for new law to be enacted by the Irish Parliament. We assisted the family in lobbying Government and as a result the Coroners Amendment Act 2005 was signed into law in December 2005.
We have represented families where a loved one has died, either as a result of an accident or through medical malpractice. We assist in the preparation for the Inquest and we represent the family of the deceased during this traumatic time. Understandably, many families find the possibility of an Inquest daunting, particularly when the other party has legal representation.
We have experience in obtaining the relevant medical records and witness statements and through our health law experience we can identify the relevant questions that should be asked during the Inquest. This system ensures that the families get a clear picture and a true understanding of how their loved one met their death.
In certain cases it is now possible for families to obtain funding in circumstances where significant policy considerations are at issue.
Making a claim
For further information, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in Inquests.