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The role of the coroner is to investigate violent, unnatural or unexplained deaths, as set out in the Coroners and Justice Act of 2009. The coroner is a creature of statute; the oldest judicial office confirmed in 1194, but in existence before that time, to assist the Crown with the valuable and inevitable business of death. This chapter outlines the duties and responsibilities of a coroner.
The sudden and unexpected death of a patient can be emotionally complex and overwhelming for clinicians. This book will equip medical and other healthcare professionals with the necessary information and skills to fulfil their requirements in the coroner's court confidently and competently and understand their organisation's responsibilities. Practical and straightforward, this book aims to make the unfamiliar territory of the coroner's court transparent, enabling clinicians to negotiate all eventualities. It will provide clinicians with the confidence to turn what can feel like an adversarial situation into an opportunity to engage with an important part of the healthcare system, preventing future deaths and providing understanding to relatives. It also explores the underlying necessity of complying with requirements and suggests ways to cope with the emotional impact. With chapters covering expert witnesses, legal perspectives and managing outcomes, this book is essential for any healthcare professional called to an inquest.
Using illustrations from the Yasmin/Yaz and asbestos proceedings, Chapter 1 introduces multidistrict litigation and its inhabitants, situating individual and class-action litigation in the rearview mirror. As class certification wanes, so too does formal judicial oversight aimed at thwarting self-dealing lawyers. This is not, however, a revival of individual litigation where a plaintiff can effectively monitor her own suit. To the contrary, when a plaintiff retains an attorney, she will typically be one of the many clients that her lawyer “warehouses.” Nevertheless, judges embrace a push for settlements that exists across all civil cases, but can result in ethically dubious deals in the multidistrict litigation context. When private settlements occur on the back end and tort-reform measures like punitive damage caps deter lawyers from suing on the front end, litigation’s ability to unearth information on corporate wrongdoing and generate public goods like precedent, transparency, and equal treatment is in peril.
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