Our medicolegal experts answer questions about the issuance of a death certificate and circumstances under which a doctor should refrain from doing so. He also addresses the question on doctors allowing access to patient case records by a police personnel.

Can a doctor issue death certificate?

A doctor has a right and legal duty to issue death certificate as per code 7.7 of the Medical Council Act (Professional Conduct, Etiquette and Ethics regulations). However, when there is a possibility of dispute regarding death or if it is a registered medicolegal case or its unnatural death, the doctor should inform the police. In such cases, the police shall start inquiry and may take the body for post-mortem. In all such cases, a doctor should not issue a death certificate.

Unnatural death is not defined in criminal procedure code, but by dictionary unnatural death is defined as a “death resulting from an external cause such as intentional injury (homicide or suicide) or unintentional injury (accident)."

Also, before issuing the death certificate, the doctor must ensure that he has seen the patient when the patient was alive. The duty is up on the doctor to prove the “cause of death” he has mentioned in the certificate in case of legal dispute.

So, a doctor should refrain from issuing death certificate when the patient is not seen by them when the patient was alive, when there is suspicion about the circumstances leading to death, when he is not sure about the medical cause of death, when death happens on the operation table or within 48 hours of admission in the hospital, or when there is a fear of litigation by the patient over the death of the patient etc.

Can a doctor provide a police officer with medical case record of his patient?

A police officer is a law enforcing body of the state. The police have the power to ask for records under Section 91 in The Code Of Criminal Procedure, 1973 during inquiry, investigation, trial or proceeding into any matter. Upon written request from the police, a doctor must provide with the case paper or any other information as asked for to the police officer. It is important for the doctor to take acknowledgement for the same from him.

Disclaimer- The views and opinions expressed in this article are those of the author's and do not necessarily reflect the official policy or position of M3 India.

The authors, Advo. (Dr) Hitesh Bhatt and Dr. Geetendra Sharma from “B & S medicolegal consultancies” are Medico-legal Consultants.