What It Means for Families After a Death

From 9 September 2024, the way deaths are certified in England and Wales has undergone its most significant reform in over 50 years. The introduction of the statutory medical examiner system aims to improve transparency, accuracy, and accountability in the aftermath of a death, particularly where questions of medical negligence arise.

What does it mean for a death to be certified?

Death certification is the formal process of confirming and documenting the cause of a person’s death. It is a legal requirement in England and Wales and is essential for registering the death, arranging a funeral, and administering the deceased’s estate.

What has changed?

Historically, a Medical Certificate of Cause of Death (MCCD) was completed by a doctor who had attended the deceased during their final illness. Under the new system, every death must now be independently scrutinised; either by a medical examiner or a coroner.

Deaths covered by the Medical Examiner System

This applies to deaths in hospitals, GP surgeries, care homes, private healthcare providers, and the community.

Why is this important for families?

For families who have lost someone unexpectedly or under concerning circumstances, the new system offers a more robust way to ensure that the cause of death is properly understood.

What is a Medical Examiner and what do they do?

Medical examiners are senior doctors who provide independent scrutiny of deaths that are not referred to a coroner. A medical examiner’s main responsibilities include reviewing the Medical Certificate of Cause of Death (to confirm it’s accuracy and ensure it reflects the clinical circumstances truthfully), before submitting it to the Registrar. They will also speak directly with bereaved families to explain the cause of death, and offer an opportunity to raise concerns or ask questions.

When Would A Death Be Referred To A Coroner?

If the cause of death is unclear, suspicious, or potentially linked to poor care, the medical examiner must refer the case to the coroner.

How does this affect inquests?

If a death is referred to a coroner, an inquest may be opened. An inquest is a formal legal investigation into the circumstances of a death. It is not about assigning blame but about establishing the circumstances surrounding the death.

If you’re concerned about the treatment or care your loved one received prior to their passing, our specialist medical negligence team can support you with discussions with medical examiners, investigating a potential clinical negligence claim, and preparing for inquest proceedings.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.