Attending an inquest as a medical professional

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As a medical professional

What to expect before an inquest

If the death of patient in your medical care is reported to the Coroner you may be requested to provide documentation to assist their investigations.

It is a legal requirement to provide requested documentation – questions of patient confidentiality and GDPR in relation to deceased are modified. Requested documentation can include:

  • Patient medical records and charts
  • A medical report

Requested documentation should be provided soon after it is requested. This is to allow the coroner’s investigation to proceed in a timely manner. Requested document should be provided in full without redactions or omissions.

While in many cases it is not be necessary to have legal representation at an inquest, it may on occasion be desirable.

Legal representation will depend on the circumstances of the individual case. Here it may be helpful to have a discussion with the coroner if you are called to give evidence.

Legal representation may arise where there is a jury inquest – juries are not required for every case. You will be informed if a jury is required if you are called as a witness to an inquest.

If you are employed in the hospital sector you may find it helpful to contact your organisation’s legal services manager, who may then liaise with the coroner.

If you are employed by a HSE or a HSE-funded health and social care service, the State Claims Agency provides legal representation at Coroner’s inquests under the Clinical Indemnity Scheme.

Writing a report for the coroner

The coroner may request a medical report soon after the death of a patient, or at a later date as the need arises. The early provision of a medical report is often needed so that it may be read in conjunction with the results of a post mortem examination.

A medical report is crucial to assist the Coroner to determine the cause of death and to decide if further investigation is needed in the form of an inquest hearing.

If an inquest is held, it is important to note that an inquest is a fact-finding inquiry and not a trial. An inquest does not address questions of civil or criminal liability.

As the provision of medical documentation requested by the Coroner is a legal requirement, no fee is payable for providing a medical report.

While your report should be comprehensive, outlining your clinical involvement, a full copy of the deceased’s medical file, hospital notes etc. may be referred to depending on the circumstances.

You should bring a copy of your report and any other medical notes with you if you are required to attend at an inquest.

The provision of a report to a coroner is the basis of the evidence of the witness and will be shared with other interested persons and placed on the public record. It will be referred to as a deposition at the inquest.

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It may be useful to refer to paragraphs 51 and 52 of the Medical Council Guide to Professional Conduct and Ethics for Registered Medical Practitioners when preparing a medical report

While there is not currently a specific format for a GP medical report, the following guidance is suggested,

Write the report in the first person and on headed paper, avoid shorthand or abbreviations – non-medical persons, including family of the deceased, may view this report.

Your professional details:

  • Include your full name and qualifications
  • Include your status, e.g. ‘GP trainee’ or ‘consultant surgeon of 10 years’
  • Sign and date your report at the end.

Patient details:

  • Details of the deceased
  • Past medical history in chronological order by date
  • Referrals to other services, e.g. hospital or specialist referrals
  • Medical problems, medications at the time of death
  • Summary of recent attendances with the patient
  • Summary of the patient’s illness at death and any relevant comments about the likely cause of death, if known

It may be useful to refer to paragraphs 51 and 52 of the Medical Council Guide to Professional Conduct and Ethics for Registered Medical Practitioners when preparing a medical report

While there is not currently a specific format for a hospital medical report, the following guidance is suggested.

Write the report in the first person and on headed paper, avoid shorthand or abbreviations – non-medical persons, including family of the deceased, may view this report.

Your professional details:

  • Include your full name and qualifications
  • Include your status, e.g. ‘GP trainee’ or ‘consultant surgeon of 10 years’
  • Sign and date your report at the end

Patient details:

  • Provide a description of the presenting symptoms
  • Refer to any guidelines or protocols you relied on to treat the patient and explain any deviations from these where relevant
  • Identify any other clinician involved in the care of the deceased
  • Medical problems and medications at the time of death
  • Summary of recent relevant attendances with the patient

Medical reports must be emailed to the Coroner as scanned or digitally signed attachments.

Go to our Contact Us webpage and select the Inquest File/Information Request form

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What to expect on the day of the Inquest

A medical professional must attend an inquest if requested to do so by the Coroner. In normal circumstances, a formal Witness Summons will not be issued. A medical professional usually informs their consultant about the request to attend as a witness to an inquest hearing.

The inquest team will notify you at least two weeks’ before the date of the inquest hearing.

The report previously provided to the coroner will be the basis of your evidence. It will be referred to as a deposition in court. The medical witness usually reads the deposition when they are called and then addresses any questions from the coroner or legal representatives. For any other questions you may relating to your attending an inquest, you can contact us using the Inquest File/Information Request form.

Inquest depositions must be emailed to the Coroner as scanned or digitally signed attachments.

If there is sensitive information that you believe shouldn’t be read publicly, contact the Coroner beforehand for guidance on how to proceed. The Coroner may at their discretion redact parts of your statement, for example, personally identifiable information for living persons.

Medical reports can be submitted by email to [email protected]

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Attending an inquest as a legal representative

Legal representatives, usually solicitors, have an important role in guiding their client through the inquest process.

Read more

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Attending an inquest as a family member

Finding out that the death of a loved one needs an inquest, and attending a public inquest hearing, can be distressing for the family and friends of the deceased.

Read more

Person making notes

Attending an inquest as a media professional

An inquest is an open hearing and members of the public, including the media, may attend.

Read more

Contact us

For any further queries please fill out the Inquest File form