Once a statement has been submitted and the Coroner has completed their investigation, they then decide who is to be called to give evidence at the hearing. As a doctor there are three ways you could be called to give evidence. First you could have what is called Interested Person status which is a statutory matter. Under s.47(2)(f) of the Act anyone who may by their act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so will be entitled to IP status.

However even though this sounds worrying, the rules go on to provide that there is no requirement for the act or omission to be a culpable one. It is the mere fact of the involvement in the death that triggers the right to be an IP.

Having IP status means that you can have legal representation at the Inquest. Your lawyer can ask questions of the other parties if necessary, and they can also make legal submissions or arguments about the conclusion the Coroner should reach once the evidence is concluded.

The other way in which you might be called to give evidence is as a Trust hospital doctor. The Trust would usually be given IP status, and then all the hospital’s witnesses will be represented by the Trust’s lawyers.
The third way is as a witness of fact. This does not entitle you to legal representation and it usually means that your role is straightforward and your evidence is more peripheral.

 
Another way MDS can assist you, is to review whether it is appropriate for you to be given IP status and challenge it with the Coroner. If you are confirmed as an IP, we can provide you with legal representation.

 
When drafting a statement for the Coroner, firstly, include your name, address, current post, and professional qualifications. It is also fitting to include your condolences to the family, which does not amount to an admission of guilt or liability.

You should then set out the facts relating to your involvement in the medical care of the deceased. It is important to refer to the medical notes when doing so and to approach the facts chronologically. You should focus on the facts and avoid expressing opinions.
The Coroner very commonly obtains the general practice and hospital records for the deceased. It is a matter of going through each consultation and explaining what you did by reference to history taking, examination, and advice regarding diagnosis and treatment.
It is helpful to be able to explain your rationale for clinical decisions made. If you are coming to MDS for support, put everything you think to be of relevance in your statement, we can advise if any amendments are needed. Remember that your role is to assist the Coroner in answering the question “ how did the deceased come by their death?”

The other matter to be aware of is that in complex medical cases the Coroner will often seek an independent medical expert opinion. In so doing the Coroner would provide all the witness statements so that the expert can give an informed opinion. A detailed statement explaining clinical reasoning can be very helpful.

The other key component of a statement which might not sound helpful to your individual position, is to include any learning points from the case. If something has gone wrong then pursuant to the duty of candour the mistake needs to be acknowledged, and it is better to do it in the statement than to be asked about it for the first time in the witness box. Coroners will be helped by this evidence and it can make the difference between being criticised or not by the Coroner.

 
It is important to raise this because under the GMC’s Good Medical Practice if you are criticised by an official inquiry you are obliged to inform the GMC. But also, on the whole, Coroners like to see reflection and remediation when something has gone wrong and this can influence the conclusion they deliver. It also helps the family to hear when things have gone wrong and what has been done to ensure it does not happen again.

 
Statement preparation is very crucial to the Inquest process, so if you require assistance please make sure you reach out to your medical defence organisation (MDO). Even if you have Trust legal representation, you can still ask your MDO for an independent view on your statement and for help in preparing for the Inquest hearing.