The primary cause of death
The primary medical cause of death is defined as
the disease or injury that began the sequence of events and that led directly
to death.
The following are often confused with the
primary cause of death and are mistakenly indicated as such: mechanism of
death, occurrence, place or environment where the death occurred, contributory
cause, precipitating cause, underlying cause, predisposing cause and terminal
cause.
Merely supplying these particulars does not
provide the necessary informa-tion about the primary medical cause of death. It
is not incorrect to include this information, but if the practitioner himself
has not seen the place, this must be indicated by the addition of the words
``as ascertained'' or ``as I am informed'', otherwise it is hearsay evidence.
The practitioner also has to be consistent: if in some cases he indicates that
someone died in a car accident, he must also indicate a fall from stairs in a
house or hospital, or an injury in a garden elsewhere.
Mechanisms causing death are those physiological
mechanisms or changes that ultimately cause death, such as a disturbance in the
acid-base balance of the body or neurogenic stimulation of the heart. These or
other loose terms such as ``cardiac arrest'' or ``respiratory arrest'' are not
primary medical causes of death. It is therefore inadvisable to use them as
such because they do not provide the necessary information about the cause
which initiated the mechanism.
A contributory condition or cause does not in
itself cause death, but rather contributes to an earlier demise. A person may,
for example, suffer from a natural condition such as coronary atherosclerosis
which on its own (but not necessarily at any specific moment) may cause death.
The same applies to other diseases such as diabetes, where an infection
following on an injury will spread far quicker than it would in the case of a
healthy person. In the above-mentioned cases atherosclerosis and diabetes are
the contributory causes.
Predisposing or underlying conditions or causes
can trigger a certain occurrence. They are very similar to contributory conditions
or causes and often cannot be separated from them. Examples are the imbibing of
alcohol or epileptic seizures which may lead to an accident where injuries are
sustained by the subject himself.
Precipitating conditions or causes are
responsible for the immediate development of a particular illness or
occurrence. They are closely related to contributory or predisposing
conditions. Excitement may precipitate a cerebral haemorrhage or a myocardial
ischaemia, the primary causes of which are cerebral or coronary atherosclerosis
respectively.
Please note that contributory, predisposing and
precipitating conditions/ causes are closely related and often interchangeable.
The terminal cause of death is usually the
complication that eventually sets in. A person with a head injury (the primary
medical cause) often develops bronchopneumonia (terminal cause).
The sole cause of death is the cause where no
contributory or other factors have played a role. In a case where a person has
suffered a single injury such as a stab wound in the aorta, that is the primary
cause of death.
Having established the primary medical cause of
death, the doctor must decide, to the best of her knowledge and conviction,
whether the death is solely the result of natural causes.
When the cause of death has been formulated, it
must always be borne in mind that the diagnosis is based solely on personal observation.
Where death from natural causes is concerned, the patient's history and the
results of all special investigations should be taken into consideration in
order to establish the cause of death. This is not permissible in a
medico-legal case because information from other sources could be considered as
hearsay. Such information could however be used as a clue, so that special
attention can be paid to specific aspects which may be important and which
otherwise may possibly have been overlooked in a routine examination.
If a diagnosis cannot be made in a medico-legal
case on the grounds of the findings of the investigation alone, this fact must
be recorded on the relevant form, for example ``cause of death could not be
determined by the post mortem'', or ``death could not be determined by the
post-mortem examination alone''.
Only if the cause of the injury has been
indisputably determined may the aetiological factors in the cause of death be
mentioned. A bullet wound in the head can only be diagnosed if the bullet
fragments are found in the head, or other findings make the diagnosis obvious.
Furthermore, it is wrong to record ``penetrating knife-wound'' as the cause,
because similar wounds can also be inflicted by other instruments such as
daggers, razor blades, swords, bayonets or even long pieces of glass. The use
of the term ``stab wound'' is preferable.
If further information is provided by the
submission of a full investigation dossier of a case, together with all the
statements to the doctor in the form of affidavits, or the furnishing of
background information to the court, the doctor will be able to determine the
primary medical cause of death by way of inferences based on her general
medical and medico-legal knowledge and background.
In medico-legal cases where death resulted from
an acute neurogenic cardiac arrest due to parasympathetic stimulation; an
anoxia or other mechanism in cases of strangulation, suffocation and choking;
drowning; where the dying person was under the influence of drugs; or in cases
of poisoning, the primary medical cause of death is determined by the court
after an evaluation of the following evidence:
This evidence relates to the following:
·
the findings which indicate a specific occurrence
·
the exclusion of any other possible cause of death
This evidence relates to the special
investigation carried out, such as the following:
·
the result of an investigation of blood from the right and left
ventricles in a case of suspected drowning
·
the result of a histological investigation to confirm or exclude
macroscopic changes
·
the result of a toxicological investigation of organs and body fluids in
the case of a suspected poisoning
If the doctor feels competent to give his
opinion on the result of a laboratory investigation and to testify to it, he
may do so.
The evidence of others must be presented by the
prosecutor, especially with regard to the following:
·
the state of health of the deceased and indications whether a death was
expected or not
·
the course of events that led to the death
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