Cause of death
As the cause of death poses such a serious
problem in the medico-legal investigation, it is necessary to focus one's
attention (through the eyes of the forensic pathologist) on so-called
``natural'' and ``non-natural or unnatural'' deaths, particularly with regard
not only to identifying them as such but also to the formulation of the cause
of death.
The importance of accurately identifying the
cause of death is not only relevant to criminal matters, but may also be of
considerable importance for the family of the deceased. In a specific case, the
deceased's family was issued with a death certificate in which it was stated
that ``death was solely and exclusively due to natural causes'', to wit
tetanus. The deceased had taken out substantial insurance against accidental
death. It was the insurers who, when presented with a copy of this certificate,
identified the fact that tetanus had been the direct consequence of an injury
sustained by the deceased some six weeks earlier. By the time tetanus had
developed the initial injury had already healed. (Tetanus has a variable
incubation period which may vary in length from days to a few months.)
The inquest often constitutes an essential
element of the medico-legalinvestigation, and by the very nature of the
provisions of the Inquests Act 58 of 1959, forms an effective audit of medical
practice, especially where medical treatment, or lack of it is identified in
the course of the inquiry.
The medical practitioner who completes a death
certificate must decide whether the death was solely and exclusively due to
natural causes or whether it should be reported to the magistrate.
The decision may be difficult because not all
cases which appear to be the result of natural causes are in fact natural
deaths; similarly, a death which initially appears to be the result of
non-natural causes may eventually turn out to have been caused by natural
disease.
Where the cause of death is obvious there is no
problem in designating it ``non-natural'' or ``natural'', for example deaths
following stab wounds, multiple injuries sustained during an accident, and
exposure to fire or deaths due to myocardial infarction (necrosis of the heart
muscle). Problems may arise, however, if a diagnosis has to be made based on
symptoms suggesting gastro-enteritis, as they can also be caused by a poison.
It is incorrect to record the complication, terminal event or underlying
condition as the primary cause of death. Stating, for example, that the cause
of death of a patient with a head injury was bronchopneumonia (the terminal
complication), implies that this was a natural death.
The medical practitioner who is required to make
a decision about what constitutes a non-natural or natural death receives
little guidance from legislation in this respect. His dilemma can be
illustrated by the death of a newborn infant following meconium aspiration due
to foetal distress. This may be a natural complication. On the other hand, it
may be the result of an omission on the part of a midwife or medical
practitioner. In the former case there is no question of negligence, whereas in
the latter there is.
Pneumoconiosis (a chronic condition resulting
from dust inhalation) and certain lung tumours are caused by the inhalation of
foreign material; yet death as a result of these conditions is traditionally
considered to be natural but compensatable. Death due to acute or chronic
arsenic poisoning and death due to acute alcohol intoxication are unnatural,
whereas the chronic ingestion of alcohol which eventually causes death as a
result of liver failure is considered natural! The general attitude of the
legislature is that the medical practitioner is required to exercise his
professional discretion and, for purposes of completing the death certificate,
must decide on grounds of available information or circumstances whether death
is due to natural or unnatural causes.
Unnatural death can be classified as follows:
physical (stab wounds, gunshot wounds),
microbiological (biological warfare) and chemical (poisoning)trauma due to
nature related events, including dog bites, lightning, snake bites and
anaphylaxis after a bee stingconditions like tetanus and gas gangrene as
complications of trauma
Any death whilst under the influence of a
general or local anaesthetic agent, or where the administration of such a drug
played a role in the death of an individual, is not regarded as natural.
Meconium is the faecal content that a foetus
sometimes passes in utero if it experiences stress, especially a lack of oxygen
(intra-uterine foetal distress). The primary aim of the management of the birth
process is to prevent intra-uterine oxygen deficiency or hypoxia. If hypoxia
does occur, it is expected that the medical practitioner or midwife will either
perform (or refer the patient for) a Caesarian section to prevent hypoxic
injury to the foetus. If the labour process is already well advanced, all
attempts must be made to hasten the delivery of the baby. In addition,
immediately after the delivery of the head, the airways of the baby must be
cleaned by suction to prevent any aspiration of meconium-stained amniotic
fluid. If aspiration does occur, respiratory distress, lung infection and death
will often occur. If a baby aspirates meconium, and subsequently dies due to
lung complications, the circumstances of birth must be assessed. If a baby dies
due to meconium aspiration and this is a result of poor management of the
mother in the maternity ward, it must be regarded as a non-natural death.
However, it may be regarded as a natural death if the delivery occurred in the
absence of proper medical care, for instance in a remote village.
Sudden and unexpected death occurs in two
situations, namely so-called sudden infant death syndrome or cot death, or
where a young person suddenly and unexpectedly dies, for instance while
exercising:
·
In the case of cot death no obvious cause of death can be found. It is
not possible to exclude unnatural causes like trauma or poisoning, before a
post- mortem examination has been performed and excluded any possible unnatural
causes. After exclusion of an unnatural cause with a post-mortem examination,
the death will then be classified and regarded as natural.
·
The same applies where a young athlete suddenly and unexpectedly dies
due to a previous undiagnosed heart condition. It is also important to remember
that the findings at the post-mortem examination are not only of help in
formulating the cause of death, but also benefit the family if a possible
hereditary and treatable condition is diagnosed. The other siblings can then
receive precautionary treatment.
Unnatural deaths are dealt with in terms of the
Inquests Act 58 of 1959. This Act determines action to be taken after someone
has died due to non-natural causes. We shall now discuss unnatural deaths and
give some examples.
By and large unnatural deaths are deaths which
follow injury. Death may follow only weeks or months after the injury as a
result of complications (eg a patient with a spinal cord injury may survive for
months). The length of time between the original injury and death in no way
influences the decision.
Death due to infection following an injury
caused by an animal with rabies, for example, or an injury resulting in tetanus
(including tetanus neonatorum), cannot be regarded as natural. Similar
considerations apply to snake and spider bites, bee and scorpion stings. In
contrast, fatal malaria infection transmitted by a mosquito bite is usually
considered a natural cause of death. Yet if death is the consequence of an
infected blood transfusion, it is considered non-natural.
A further category of non-natural deaths is that
of deaths caused by the effect of physical agents or of chemical or biological
substances. Physical agents include lightning, electricity (causing
electrocution), fire, steam, hot fluid (causing burns), suffocation (causing
obstruction of the respiratory passages), natural heat or cold (causing
hyperthermia or hypothermia), and submersion in water or other fluids (causing
drowning). Chemical substances may be administered accidentally or deliberately
(for therapeutic reasons or in cases of suicide or murder). Biological
substances that may play a role include sera and micro-organisms, which may cause
food poisoning.
In the course of medical practice acts or
omissions may also cause death, for example omitting to test sensitivity where
indicated, or omitting to perform a routine examination or prescribe routine
treatment.
The fact that the medical practitioner cannot
make a definite or satisfactory diagnosis when her patient dies is no reason to
label the case an unnatural death. She may so decide if she is convinced that
the death was not solely and exclusively due to natural causes, that is, she must
have a reasonable doubt that the death was not due to natural causes and if so
requested, must be prepared to substantiate her decision.
Sudden unexpected death poses an additional
problem. It may be due to either natural or unnatural causes, and in the absence
of any background information or personal knowledge of the deceased (as in cot
deaths) the medical practitioner will be unable to certify that to the best of
her knowledge and belief the death was due solely and exclusively to natural
causes.
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