Ds. James et S. Leadbeatter, THE USE OF PERSONAL HEALTH INFORMATION IN THE CORONERS INQUIRY, Journal of the Royal College of Physicians of London, 31(5), 1997, pp. 509-511
A pathologist appointed by the coroner may feel that his or her role i
s to review the medical notes, perform a post-mortem. examination and
then interpret the findings in the light of clinical information and a
ny other information received from the coroner, and include in the cli
nico-pathological summary a cause of death. We believe that such an ap
proach is not in accordance with the legal position relating to corone
rs' inquests. The coroner has no automatic right to see the medical no
tes (and neither does the coroner's pathologist); where there is, or m
ay be, dispute as to the circumstances leading to death, the proper wa
y for information in the medical record to be presented at the coroner
's inquest is for the maker of any note to give oral evidence. Where t
he cause of death requires interpretation of the clinical history or k
nowledge of any circumstantial evidence, a pathologist should refrain
from giving a cause of death; such a task is for the court, having hea
rd all the evidence - medical or not relating to the death.