13-08-09
Catherine Henry Partners Lawyers Newcastle
This fact sheet outlines things you should know about Coronial matters.
What is a Coronial inquest?
An inquest is an investigation into a person’s death conducted the Coroner. It is a public hearing, though in some cases the Coroner may make a decision based on solely on documents and file evidence.
When the Coroner decides to hold an inquest, every person with an interest in its outcome may be legally represented.
The Coroner determines both the manner and cause of death.
Comments and recommendations about public health or safety are also part of the Coroner’s findings. Coronial recommendations are generally referred to the responsible government department or agency.
When is an inquest held?
When a person dies unexpectedly in an accident or following medical treatment the death is reported to the Coroner for investigation.
In some circumstances, an inquest must be held - for example, if a death occurs within 24 hours of administration of an anaesthetic.
If the Coroner decides to investigate, a police officer assists in collecting information about the death.
Alternatively, family of a deceased person can request an inquest into that person’s death. Usually an autopsy will be performed if an inquest is held.
Do I need legal representation at an inquest?
The family is not required to have legal representation at an inquest. The Coroner’s assistant can ask questions on their behalf.
However, in cases involving appropriateness of medical treatment, issues are very complex and technical. Other parties at the inquest, especially doctors and hospitals, will be legally represented. In such cases, it is worthwhile for the family to have their own legal representation.
Can the Coroner award compensation?
No, the Coroner cannot award compensation.
However, an inquest may determine that there is sufficient evidence to justify a compensation claim.
Where a death results from negligence, dependant family members may make a claim for financial support. In some cases compensation can be claimed for emotional injury, or nervous shock, suffered by survivors. It may also be possible to recover funeral costs and other expenses relating to the death.
How can we help?
Medical negligence and health law partner, Catherine Henry, can assist you in:
- requesting an inquest
- liaising with the Coroner’s office
- determining questions to raise at inquest
- arranging expert evidence
- arranging an appropriately experienced advocate to represent you at inquest.
If evidence indicates a compensation claim is worthwhile, we can assist you with this once the inquest is concluded.
Catherine is well known and highly respected in the health and medical litigation arena, with specialist knowledge accumulated over twenty years.
She has conducted numerous inquests, many of which raised important public interest issues.
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