The Role of the Chief Medical Examiner's
Office
Sudden Death -
Information for the Next of Kin
What cases are reported to a Medical Examiner?
Who conducts the investigation?
Why is an investigation necessary?
What happens during an investigation?
When is an autopsy necessary?
When will the body be released for burial?
Is there any charge to the Next of Kin for the investigation?
Are reports from the investigation available to the Next of Kin?
Will there be an inquest?
What happens at an inquest?
Who do I contact for further assistance?
Sudden Death - Information for the Next of Kin
When a person's death is unexpected and the cause of death is not immediately known or
when the death is the result of violence due to an accident, suicide, or homicide, it will
be investigated by the Office of the Chief Medical Examiner. Under these circumstances it
may be helpful for the next of kin to know about the procedures followed before and after
an inquiry or investigation conducted by the Chief Medical Examiner's Office.
What Cases are Reported to a Medical Examiner?
The following deaths are reportable to a medical examiner: as a result of an accident, by
an act of suicide, negligence or homicide, in an unexpected or unexplained manner, as a
result of poisoning, as a result of contracting a contagious disease that is a
threat to public health, suddenly of unknown cause, during a pregnancy or during
recovery from a pregnancy, while under anesthesia or while recovering from an anesthesia
or within 10 days of a surgical operation performed upon the person, while in the custody
of a police officer, as a result of: contracting a disease or condition; sustaining an
injury; or ingesting a toxic substance, at the place of employment or former employment of
the person, within 24 hours of admission of the person to a hospital, in a place,
institution or facility that is prescribed or is of a class of place, institution or
facility that is prescribed, or in circumstances that are prescribed; at the time of
death, the deceased person was not under the case of a duly qualified medical practitioner
for the condition that brought on the death, or was a resident of an institution or care
facility that is licensed, or is required by an Act of the Legislature to be licensed, to
operate as a residential institution or care facility; the deceased person died while a
resident in a correctional institution, jail, prison, or military guardroom or in an
institution to which
The Mental Health Act
applies; or the deceased person is a child.
Who Conducts the Investigation?
The
Manitoba Fatality Inquiries Act gives the Chief Medical Examiner the
responsibility for the investigation of all unexpected and violent deaths occurring in the
Province. Medical doctors throughout Manitoba are appointed as Medical Examiners and carry
out investigations on behalf of the Chief Medical Examiner's Office. They are assisted in
their investigation by medical examiner's investigators or police officers.
Why is an Investigation Necessary?
In the case of an unexpected or violent death the attending physician cannot legally sign
a Death Certificate, or if the attending physician fails to issue a Death Certificate
within 48 hours of death. Through the investigation the medical examiner will determine
the cause and manner of death, establish the date, time and place of death and confirm the
deceased person's identity. Once these questions have been answered to the satisfaction of
the medical examiner the Death Certificate can be signed.
What Happens During an Investigation?
The medical examiner takes charge of the deceased person. Unless authorization is received
from the medical examiner, the body will not be moved or disturbed in any way.
The medical examiner will then obtain the deceased's past medical history by interviewing
next of kin and by reviewing any available medical charts or records. An autopsy may be
performed to gather further information about the cause of death.
The medical examiner has the authority to dispose of any soiled or damaged clothing
belonging to the deceased person and can take possession of anything related directly to
the investigation or for the purposes of an Inquest. Any valuables will be kept in
safekeeping by the investigator and/or
The Public Trustee and
will usually be returned to the next of kin.
When is an Autopsy Necessary?
If the medical examiner cannot establish both the manner and the cause of death with
reasonable medical certainty, an autopsy will be authorized. In the case of a death of a
child that might be the result of an accident, suicide, homicide or other unnatural cause,
an autopsy is mandatory. The medical examiner will also authorize an autopsy if the death
is part of a police investigation. The medical examiner does not require permission from
the next of kin to proceed with an autopsy.
When Will the Body be released for Burial?
The medical examiner makes every effort to complete the investigation quickly and
efficiently so the body can be released to the next of kin. When this occurs the family
can then proceed with the funeral arrangements.
Is there any Charge to the Next of Kin for the Investigation?
There is no charge to the next of kin for the investigation conducted by the Chief Medical
Examiner's office. The Minister of Justice assumes responsibility for the cost of the
investigation.
Are Reports from the Investigation Available to the Next of Kin?
Upon completion of the investigation the medical examiner submits a report to the Chief
Medical Examiner. This report will normally answer questions about the cause and manner of
death, the date, time and place of death and summarize the circumstances surrounding the
death. If an autopsy is performed as part of the investigation, the doctor performing the
autopsy also submits a report. Both the medical examiner's report and the autopsy report
are available to the adult next of kin upon written request to the Chief Medical
Examiner's office. (An autopsy is an intricate medical procedure, often requiring complex
laboratory tests, and for this reason autopsy results may not be available for several
weeks after the death. This means the medical examiner's report may not be immediately
available to the family.)
The medical examiner's report and the autopsy report may also be requested by attending
physicians and medical reports departments of hospitals. Other interested parties,
including insurance companies, law firms and the news media may receive the report upon
written request and payment of the fee required by The Fatality Inquiries Act.
Will there be an Inquest?
The need for an Inquest, (a court hearing to examine the facts surrounding a death), is
determined by the Chief Medical Examiner. Although not all cases investigated by the Chief
Medical Examiner require Inquests, the Chief Medical Examiner may call an Inquest if he
feels the general public will benefit from the information being made public during such a
hearing. The next of kin will be advised if an Inquest is to be called and they will be
given notice of the date, time and location of the Inquest. If an Inquest is not called,
the Chief Medical Examiner may, depending on the circumstances of the death, refer it to The
College of Physicians and Surgeons of Manitoba, to all levels of Government, or to
other professional bodies for their assessment, action, or recommendation.
What Happens at an Inquest?
Inquests are usually held in Provincial Court in front of a Provincial Judge. The purpose
of the Inquest is to examine the facts surrounding the cause and manner of death.
Witnesses will be called by the Crown Attorney to testify under oath. The next of kin may
be represented by a lawyer who may cross-examine witnesses. Following the Inquest the
judge may make recommendations which could prevent similar deaths from occurring. The
Inquest process shall not be a means to determine culpability with respect to the death
that is the subject of the Inquest.
For Further Assistance or Inquiries Next of Kin Should Contact:
(Office hours are from 8:00 a.m. - 4:30 p.m. Monday to Friday)
Office of the Chief Medical Examiner
210-1 Wesley Avenue
Winnipeg, MB R3C 4C6
General Office (204) 945-2088
Toll Free 1-800-282-8069
Answering Service: (204) 945-2088 (after hours)
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