The Coroner’s Court investigates sudden, unexplained, or suspicious deaths to determine the cause of death. Healthcare professionals may be called to provide witness evidence, which can be a stressful experience. As a medical indemnity provider, we understand the emotional and professional pressures this process can bring, especially when it may lead to a General Medical Council (GMC) investigation or clinical negligence claim. Our medico-legal team is staffed with dual-qualified doctors and lawyers, so they also fully understand the emotional impact that a patient death can have on a healthcare professional. This article aims to provide you with a clear understanding of what to expect and how to prepare, and to ensure you feel supported and informed every step of the way.
This guidance note relates only to Coroner’s Courts in England, Wales and Northern Ireland, and not to Fatal Accident Enquiries in Scotland, although similar principles apply.
Role of the Coroner’s Court
The Coroner’s Court aims to establish who the deceased was, and when, where, and how they died. The Coroner does not attribute blame or liability, but can criticise individuals involved the patient’s care. As a healthcare professional, you may be asked to provide a statement and potentially be called to give witness evidence if you were involved in the clinical care of the deceased.
Legal Advice and Witness Statements
The Coroner can request a factual statement about your involvement with the patient. This must be based on your personal knowledge and medical records. It’s important not to let anyone influence your statement or attempt to influence others, as this could lead to professional misconduct investigations by the GMC.
Although patient confidentiality remains important, there is an exception when providing information to the Coroner. Your statement will be shared with the deceased’s family and other legal representatives, and you may be questioned on its content during the inquest.
If you are a pure witness, legal advice may not be required. However, it’s recommended to seek medico-legal guidance to ensure your statement is clear, accurate, and appropriate. On the other hand, if there’s a possibility you might be considered an Interested Person (i.e. someone potentially responsible for contributing to the death), it’s crucial to seek formal legal advice before submitting your statement. Interested Persons may be involved in future investigations or claims, so accuracy is vital.
To avoid any missteps, we advise contacting the Incision medico-legal team as soon as you’re asked for a statement.
Giving Evidence as a Witness
In most cases, if you’re called as a witness, it means you’re not considered to have contributed to the death. You won’t have the right to question other witnesses or make legal submissions. Even though this can be intimidating, you are simply expected to provide factual evidence about your involvement. Our medico-legal team can offer support and tips for preparing to give evidence.
Interested Persons: Legal Representation Required
An Interested Person is someone who may have contributed to the death. Under the Coroners and Justice Act 2009, these individuals have additional rights in the inquest process, such as receiving witness statements, cross-examining witnesses, and making submissions on evidence and legal points. If you are designated as an Interested Person, it’s crucial to have formal legal representation to ensure your rights are protected.
Key Stages and What to Expect before the Inquest Hearing
- Written Statement Request: You may be contacted directly by the Coroner’s court for a written statement, but it’s more common for the clinic or hospital to request it from you, having had a request from the Coroner. At this early stage, it’s unlikely that the Coroner, hospital, or family will know whose evidence will be important. Your statement will help the Coroner manage the Inquest and provide factual information on the care you gave. Even though it’s unclear if you’ll be an Interested Person or face criticism, contact Incision’s medico-legal service for guidance and to assess if formal legal support is needed.
- Notification of Hearing: Not all Inquests require a hearing; straightforward cases may be concluded on paper. If there is a hearing, it can be in person or via video, and you’ll be notified with the details if you’re required to give evidence. At this stage, you likely won’t know if you’re an Interested Person, as Coroners often decide this close to the hearing, leaving little time to appoint legal representation and prepare with them. If there’s any risk you could be criticised, contact Incision’s medico-legal team. They can help you assess if you need to apply for IP status or seek legal advice early, allowing time to prepare, secure legal representation, and minimise risks like a GMC referral or negligence claim.
- Preparation: Thorough preparation is crucial. Review all relevant medical records and notes about the deceased. As a witness (not an IP), you won’t have access to the full Inquest evidence, but obtaining the Post Mortem and hospital investigation reports can help you understand which aspects of your care might interest the Coroner and the family. Remember, you are a witness, not an expert witness, so stick to explaining what happened and why unless specifically asked for broader opinions.
- Legal Representation: As mentioned, it’s wise to seek medico-legal advice if asked to provide a statement to a Coroner, and sometimes legal help is needed even at this early stage. If you’re just a witness at the hearing, you can’t have your own legal representation. However, if you’re designated or expected to be an Interested Person, legal representation is essential. If you’re concerned about possible criticism, contact Incision for advice on whether to apply for IP status. Another option could be having ‘monitoring counsel’ present to assess the evidence and assist if needed.
- Pre-Inquest Review: Sometimes, a pre-inquest review hearing is held to discuss the issues that will be addressed during the inquest. This can provide a clearer picture of what to expect. If you are or should be made an IP, you would need representation at the pre-inquest review also, because significant decisions can be made about expert evidence and other key procedural questions.
Key stages and what to expect during the Inquest Hearing
- Swearing In: Upon arrival at the Coroner’s Court, you will be asked to take an oath or affirm that your evidence will be truthful.
- Questioning: The coroner and sometimes other Interested Persons, such as legal representatives for the family, will ask you questions about your involvement in the deceased’s care. Answer honestly, concisely, and based on the facts.
- Presentation of Evidence: You may be asked to explain medical terminology or procedures to ensure that the court understands the medical aspects of the case. Maintain a professional demeanour throughout the proceedings. Speak clearly and avoid medical jargon unless you explain it for the benefit of non-medical attendees, such as the family of the deceased.
What comes after the Coroner’s conclusion?
When to Notify Your Insurer
Incision provides indemnity for legal representation if you’re an Interested Person (subject as always to the terms and conditions), whether the incident occurred in NHS or private practice.
Your Incision insurance requires you to promptly inform (“notify”) your insurers of any issues, so do this as soon as you suspect you may be an Interested Person in an inquest. Timely notification ensures you avoid coverage problems and get the right medico-legal support when needed. Delaying offers no benefit. If in doubt, notify us early to avoid complications later. especially if the death was unexpected and you were involved in the patient’s care. If someone at your hospital suggests you will be criticised for your care or that you need legal advice, notify Incision immediately.
If you contact Incision when first asked for a statement, they’ll handle any necessary notification for you. Early contact ensures the best support through the process, helping protect your reputation during what will be a stressful time following a patient’s unexpected death.
Acting as an Expert Witness
Support from Incision
At Incision, we’re here to support you through challenging times. Our services include:
- Legal Advice and Representation: Expert legal advice and representation if you are an Interested Person in an inquest.
- Emotional Support: Our 24/7 medico-legal helpline provides confidential advice during stressful and emotional periods.
- Educational Resources: Guidance on best practices to minimise risks in your professional practice.
Conclusion
Being called to a Coroner’s Court to give witness evidence is a serious but manageable responsibility. By understanding the process, preparing thoroughly, and utilising the support available from your medical indemnity provider, you can navigate the inquest with confidence. Remember, our primary goal is to ensure you are well-supported and protected, allowing you to focus on providing the best possible care to your patients.
For further information or assistance, please contact our medico-legal helpline at medicolegal@incisionindemnity.com or 0333 010 2826. We are here to help you every step of the way.
