Cause of death determination
M.Ilyas
(Querist) 22 April 2015
This query is : Resolved
i need to know the following please guide me accordingly:
1. What are the option/procedure acceptable in law to determine "cause of death" in a severely diseased child OTHER THAN Post-Mortem or Autopsy?
2. Can COD be determined by a thorough study of diseased child's medical history, diagnosis test reports, medical prescriptions and prolong treatment taken by child?
3. Is term "VERBAL AUTOPSY" acceptable in eyes of law if an autopsy expert or a group of medical expert issue a certificate concluding his COD based upon child's medical history, his diseased condition, his prolong medical records, diagnostic tests and authentic reliable medical data?
4. FYI: Verbal autopsy had already been used by Govt. of India in medical research and other important issues. Please visit http://www.icmr.nic.in/final/causes_death/causes_death.htm
5. Is there any judgment available which has passed by any high court or supreme court in India so far, in which COD has accepted by court using VERBAL AUTOPSY method?
6. If yes...please provide me the link of that court judgment.
Many thanks.....
Devajyoti Barman
(Expert) 23 April 2015
first give background details without which no proper advice can be given.
Guest
(Expert) 23 April 2015
Not a legal problem! You could better have consulted a medical specialist. Otherwise, decision of a judge can depend on whatever convincing evidence is produced as a solid proof as a cause leading to death.
M V Gupta
(Expert) 23 April 2015
Search indiakanoon.org or manupatra for precedents.
ajay sethi
(Expert) 23 April 2015
we dont provide citations
M.Ilyas
(Querist) 26 April 2015
I need to know has any judgment passed yet whereupon VERBAL AUTOPSY has been considered by any court in India to establish COD??
M.Ilyas
(Querist) 26 April 2015
BACKGROUND DETAIL:
- newborn received head injury during gross negligent birth process.
- injury opined by medical board as "GREIVOUS HURT - ENDANGERING TO LIFE"
- caused by the application of mechanical device forceps instrument
- after receiving this brain injury child got permanently disabled (paralyzed) for rest of his lifetime.
- child survived in vegetate (entirely bed ridden) state with no development and improvement in physical and mental condition.
- due to his permanent brain damage in infancy period child had affected with incurable and fatal disease named CEREBRAL PALSY.
- his life expectancy diminished due to severity of disability & paralyzed condition.
- despite prolong medical treatment child could not be saved and he collapsed at the premature age of 12 years and died consequentially.
- since there is all medical history, medical prescriptions, diagnostic test reports, medical data is available to prove his lifelong diseased condition and his incurable illness (initiated due to his brain injury) parents have not done any post-mortem of child.
NOW in above situation, if a medical term called VERBAL AUTOPSY if used or apply in this case to determine COD will it be acceptable / considerable by Judge?
has something like this happened in any court of India so far?
Please reply....thanks
T. Kalaiselvan, Advocate 
(Expert) 01 May 2015
have been clearly advised to consult a medical specialist, it is an indication. If you want to know about any settled case in this regard, search from indiakanoon.org website for the same.
