Where a coroner is informed that the body of a deceased person is lying within his district, it shall be the duty of the coroner under law to hold an inquest in relation to the death of that person if he is of opinion that the death may have occurred in a violent or unnatural manner, or suddenly and from unknown causes.

Most people would consider that any court process, especially one concerning a death in suspicious circumstances, would be adversarial. However, an Inquest distinguishes itself from other Court processes in that the Coroner cannot consider or attribute criminal or civil liability, or indeed exonerate any party. The purpose of the inquest is to establish the facts surrounding the death and to place those facts on the public record.

The Coroner will make findings on the identification of the deceased, the date and place of death, and the cause of death. The range of verdicts open to a coroner or jury include accidental death, misadventure, suicide, open verdict, natural causes (if so found at inquest), and in certain circumstances, unlawful killing. The family will be informed of the date and place of the Inquest and the Coroner will decide on any witnesses that need to be called. In certain circumstances, if the family have suspicions over the death of the deceased and the Coroner has not yet called for an Inquest, they can write to him setting out the reasons as to why an Inquest should be held and upon further investigation, he may accede to that request.

We are regularly instructed to represent bereaved families at Inquests following the death of a loved one. There is no legal requirement for anyone to have such representation but if the deceased’s family has concerns over the care received, we endeavour to explore these issues to the best of our abilities within the constraints of the Inquest process. Whilst no allegations concerning liability can be made, crucial information can be obtained nonetheless. If any family is contemplating the engagement of our services for such an Inquest, we would always encourage early instruction so that sufficient time is allowed to obtain witness statements and the opinion of medical experts concerning any pertinent points.

Some people are concerned about the cost of engaging such representation referred to above at an Inquest. In that respect, the Judgment of O’Neill J. in the High Court case of Courtney V Our Lady‘s Hospital Limited T/A Our Lady’s Hospital Crumlin, Murray, and Walsh [2008/1225P] has been helpful. In circumstances where the death has been shown to be due to the wrongful act of another, it is possible in the majority of cases to recover the cost of legal representation at an Inquest in the subsequent civil case.

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Michael Boylan

Partner and Head of Medical Negligence Group

Joice Carthy

Managing Partner, Medical Negligence Group

Jamie Hart

Partner, Medical Negligence Group

Gillian O’Connor

Partner, Medical Negligence Group

Eoin Collins

Associate Solicitor

Mary Ni Ghuairim

Associate Solicitor

Neil Kidd

Senior Associate Solicitor

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