On 15 April 2024 the Department of Health and Social Care (DHSC) confirmed that new regulations governing medical examiners have been laid before parliament and a timeframe mapped out for the implementation of the new system. This is an important step forward in the implementation of a statutory medical examiners system and revamp of death certification in England and Wales.
These changes are being brought in to provide greater transparency on causes of death and strengthen safeguards to not only help the bereaved but also protect the public. High profile criminal cases such as those involving Harold Shipman highlight the need for a greater level of scrutiny.
From 9 September 2024 it will become a statutory requirement that all deaths in any health setting that are not referred to the coroner in the first instance are subject to medical examiner scrutiny.
Medical examiners will consult with families or representatives of the deceased, providing an opportunity for them to raise questions or concerns with a senior doctor not involved in the care of the person who died. This process will provide greater transparency after a death and ensures the right deaths are referred to coroners for further investigation.
Medical examiners are senior medical doctors that independently scrutinise the causes of death. Since 2019, NHS trusts have appointed medical examiners to scrutinise most deaths in acute healthcare settings and some community settings on a non-statutory basis, in preparation for and anticipation of the statutory system coming into force.
By setting out a timeframe for the statutory implementation of medical examiners, all those involved in the death certification process have the chance to prepare before it comes into force.
Further updates on legislative changes and operational guidance will be issued by the DHSC in due course and we will keep you up to date when further information is released.
Should you require any further information or would like advice with regards the implementation of medical examiners and how this effects your organisation’s death certification process, please feel free to contact Elizabeth Wallace.
For further details on our Health and Social Care expertise, please contact us or a member of our Health and Social Care team.
For further information, please contact:
Elizabeth Wallace, Hill Dickinson
elizabeth.wallace@hilldickinson.com
