Reportable Deaths

Overview

According to the Coroners Act 1962 and the Coroners Amendment Act 2019, there is an obligation to notify a reportable death to the coroner. The obligation applies to certain persons unless they have reasonable cause to believe that certain other persons have already reported the death.

The following are reportable deaths:

• the death of a person which occurred, or may have occurred, either directly or indirectly—
  • in a violent or unnatural manner or by unfair means,
  • by misadventure,
  • unexpectedly and from unknown causes or in an unexplained manner,
  • as a result of negligence, misconduct or malpractice on the part of others, or
  • in such circumstances as may, in the public interest, require investigation;
• the death of a person which occurred, or may have occurred, either directly or indirectly, from any cause other than natural illness or disease for which the person had been seen and treated by a registered medical practitioner within one month before his or her death;
• the death of a person which occurred, or may have occurred, at a place or in circumstances which, under provisions in that behalf in any other enactment, require that an inquest should be held.

Specific Reportable Deaths

• Any death that may be murder, manslaughter or infanticide.
• Any death that appears to be connected with a crime or suspected crime.
• Any death, whether or not accidental, caused wholly or partly by stabbing, drowning, poisoning, hanging, electrocution, asphyxia or a gunshot wound.
• Any death where the deceased person is dead on arrival at a hospital.
• Any death which may be by suicide.
• Any death where the body of the deceased person is unidentified.
• Any death where no family member of the deceased person can be traced within a reasonable time of the death.
• Any death where the body of the deceased person is found or recovered in circumstances that indicate that the death may have occurred a considerable period of time previously.
• Any death (with some specific exceptions) in respect of which the date of death may not be ascertainable.
• Any death caused wholly or partly by any of the following:
  • an incident, whether or not accidental, resulting in any physical injury, including a cut, fracture or contusion,
  • a fall,
  • self-neglect,
  • an eating disorder,
  • exposure or hypothermia.
• Any death which may be by assisted suicide.
• Any death caused wholly or partly by any of the following:
  • an accident arising out of the use of a vehicle in a public place;
  • an incident occurring on a railway;
  • an incident arising on a train, aircraft, ship or other vessel.
• Any death caused wholly or partly by any of the following:
  • a notifiable disease or condition that is, under provisions in that behalf in any other enactment, required to be notified to a Minister of the Government, a Department of State or a statutory body or to an inspector or other officer of a Minister of the Government, a Department of State or a statutory body;
  • an adverse reaction to any drug;
  • a drugs overdose or the presence of toxic substances;
  • in the case of an infant death, maternal drug addiction;
  • an infection contracted as a result of previously contaminated blood product administration;
  • a lack of care or neglect;
  • starvation or malnutrition.
• Any death which may be due to a prion disease.
• Any death caused wholly or partly by an accident at work or due to industrial or occupational injury or disease.
• Any death occurring in a hospital or other health institution—
  • that is unexpected,
  • within 24 hours of presentation or admission, whichever is the later, or
  • of a person transferred from a nursing home.
• Any maternal death or late maternal death.
• Any death of a stillborn child, death intrapartum or infant death.
• Any death occurring in a hospital or other health institution that is directly or indirectly related to a surgical operation or anaesthesia (including recovery from the effects of anaesthesia) or to any other medical, surgical or dental procedure, regardless of the length of time between the procedure and death.
• Any death which may be due to any healthcare acquired infection.
• Any death where an allegation is made, or a concern has been expressed, regarding the medical treatment provided to the deceased person or the management of his or her healthcare.
• Any death which may be as a result of an unconventional medical procedure or treatment.
• Any death occurring in—
  • an institution for the care and treatment of persons with a physical or mental disability, or
  • any public or private institution for the care of elderly or infirm persons, including a nursing home.
• Any death where the deceased person was at the time of his or her death, or immediately before his or her death, in State custody or detention.
• Any death of a child in care.

Who Must Notify Reportable Deaths

The following persons are obliged to notify a reportable death to the coroner unless they have reasonable grounds for believing that it has already been reported by another person specified. The notification is to the coroner for the district in which the body is situated. Failure to do so is an offence subject on summary conviction to a class B fine.

• any medical practitioner, nurse or midwife who had responsibility for, or involvement in, the treatment or care of the deceased person in the period immediately before his or her death or who was present at his or her death;
• any registered medical practitioner who examined the body of the deceased person after death;
• any paramedic or advanced paramedic, registered with the Pre-Hospital Emergency Care Council who had responsibility for, or involvement in, the care of the deceased person in the period immediately before his or her death or who was present at his or her death;
• the funeral undertaker responsible for the disposal of the body of the deceased person;
• the person in charge of a mortuary in which the body of the deceased person is lying or comes to lie;
• an occupier of a house or other dwelling, including a mobile dwelling, in which the deceased person was residing at the time of his or her death;
• the person in charge of any public or private institution or premises, or a part of such institution or premises, in which the deceased person was residing or receiving treatment or care at the time of his or her death;
• a person who had care of the deceased person immediately before his or her death;
• where the deceased person was in State custody or detention immediately before his or her death, a person who, pursuant to an enactment or otherwise, had responsibility for the deceased person;
• the person in charge of an aircraft, ship or other vessel landing or arriving in the State on which the deceased person was travelling at the time of his or her death;
• a registrar of deaths within the meaning of the Act of 2004 to whom particulars of the death of the deceased person are given for the purposes of the performance by the registrar of deaths of his or her functions under that Act.

If the reportable death concerned is that of a stillborn child or a death intrapartum, any medical practitioner, nurse or midwife who had responsibility for, or involvement in, the treatment or care of the woman concerned in the period immediately before or after the delivery of the stillborn child, or who was present at the delivery, is required to report, or cause to be reported, the death to the coroner concerned.

It is important to note that once one of the persons concerned notifies a member of An Garda Síochána of rank of a sergeant or above, the obligation is discharged. In this case, the member of An Garda Síochána is obliged to notify the coroner of a reportable death. Any person who reports a death shall give to the coroner (or, as the case may be, a member of An Garda Síochána) all such information available to him or her as may assist the coroner in the performance of his or her functions under this Act.