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Death (Recognition and Certification)
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It is vital when certifying death, to ensure that death has indeed occurred.
In the UK at present, there is no legal definition of death; although guidelines do exist for the diagnosis of death in more complex situations.1
There has been recent guidance on the diagnosis and confirmation of death from the Academy of Medical Royal Colleges.2 The guidance is mainly concerned with confirmation of death in hospital and in circumstances where the diagnosis of death may be more difficult (patients on ventilators for example).
| New guidance on confirmation of death:2 Proceed without unnecessary and distressing delay. Death may be obvious with clear signs pathognomonic of death (hypostasis, rigor mortis). If not obvious death should be identified by 'the simultaneous and irreversible onset of apnoea and unconsciousness in the absence of the circulation'. The new guidance in addition requires that:
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"Death should be verified by a doctor, or other suitably qualified personnel."3
Deaths are increasingly occurring in patient's own homes, as improved community nursing provision enables dying patients to remain out of hospital. The precise moment of death may be difficult to recognise, and for a period of time after respiration has ceased, and the heart has stopped, the patient may still potentially be resuscitated.
In certain conditions a patient may appear dead if not thoroughly examined:
- Following prolonged submersion in cold water
- Following ingestion of alcohol or drugs
- When hypoglycaemic, or in a coma
They may recover completely, if treated appropriately.
It should be remembered that hypothermia protects against hypoxic neurological damage, and that children under the age of 5 are more resilient to hypoxic brain injury, and therefore resuscitation should be continued in these circumstances until normal body temperature is reached, even if the patient appears to be dead.
A thorough physical examination should be carried out to ascertain whether or not death has taken place.4 First inspection should reveal a deathly pallor (particularly of the face and lips), and relaxation of the facial muscles. This leads to drooping of the lower jaw and open staring eyes. Further examination should include:
- Palpation of all major pulses.
- Auscultation of the heart and lungs for at least one minute, and repeated at intervals over at least five minutes.
- Inspection of the eyes for fixed dilated pupils, absence of corneal reflexes, cloudiness of the cornea and loss of eye tension.
- Examination of the fundi for segmentation of retinal blood columns "boxcars" ( only present in 30%).
- Examination of the trunk may show evidence of post mortem staining as a result of hypostasis.
- Examination of muscle tone for rigor mortis ( begins approximately 3 hours after death).
- Decreased temperature - will depend on ambient temperature, but may not occur for up to 8 hours.
For practical purposes in General Practice, death may be deemed to exist in an unresponsive patient, with a body temperature over 35°C, who has not been taking drugs or alcohol if:
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Management of a death will depend on:
- The circumstances of the death
- Where it has occurred
- Whether or not it was anticipated
- Whether or not there is any suspicion of foul play.
Relatives and/or friends of the deceased may be very distressed and GPs attending a death should offer support where appropriate.
Bereaved families may also require guidance on the procedures following a death, particularly if the death was unexpected.
Verification of death may be performed by any appropriately qualified person.
Death certificate
A death certificate may be issued by a doctor who has provided care during the last illness and who has seen the deceased within 14 days of death ( 28 days in Northern Ireland) or after death. They should be confident about the cause of death.
The death certificate is given to the next of kin who is required to deliver it to the Registrar of Births, Deaths and Marriages within five days. In the absence of a next of kin, the Births and Deaths Registration Act 19535 specifies who else can do this:
- Any relative of the deceased person present at the death or in attendance during his last illness.
- Any other relative of the deceased residing or being in the sub–district where the death occurred.
- Any person present at the death.
- The occupier of the house if he knew of the happening of the death.
- Any inmate of the house who knew of the happening of the death;
- The person causing the disposal of the body.
If the Registrar decides that the death does not need reporting to the Coroner he will issue:
- A Certificate for Burial or Cremation
- A Certificate of Registration of Death (for Social Security purposes)
- (On request), copies of the Death Register (at least two copies advisable because banks and insurance companies expect to see them).
If the body is to be buried in England, there are no further formalities.
If the burial is to be outside of England, an Out of England Order is needed from the coroner.
If the burial is to be at sea, and Out of England Order and a licence from the Ministry of Agriculture, Food and Fisheries is needed, and the District Inspector of Fisheries should be notified.
Cremation certificate and forms
New regulations and new cremation forms were introduced in January 2009.6,7 Old cremation forms can now no longer be used.
There are very few policy changes which require different procedures. The only significant one is that applicants now have the right to inspect the medical forms (Forms Cremation 4 and Cremation 5) before the medical referee authorises the cremation. It is expected that numbers of applicants wishing to exercise this right will be low. Where a post-mortem examination is requested by the medical referee the applicant should, on request, be able to have a copy of the post mortem examination report.
This certificate is usually given to the undertaker who takes it to the Medical Referee at the Crematorium who checks the forms and gives the final approval necessary for cremation to occur.
Occasionally, circumstances occur in which the death must be reported to the coroner or procurator (Scotland) rather than issuing a death certificate. Legally, this is the responsibility of the Registrar, but it is good practice (and saves time and distress for relatives) for doctors to report directly to the coroner or procurator:
| If no doctor satisfies the attendance requirements for being able to certify death e.g. the only doctor who has provided care during the last illness is away on holiday, then the death must be reported to the coroner/procurator. Other examples which require reporting include:
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- Death from an industrial disease, poisoning or accident
- Death of a patient in receipt of an industrial or war pension
- Death by suicide, poisoning or drugs
- Death as a result of an illegal abortion
- Death from neglect, want or exposure
Document references
- A code of practice for the diagnosis of brain stem death. London; HMSO, March 1998
- A code of practice for the diagnosis and confirmation of death, Academy of Medical Royal Colleges (October 2008)
- RCGP; Death Certification and Investigation in England, Wales and Northern Ireland. Summary Paper, June 2003.
- Charlton R; Diagnosing Death. BMJ October 1996.
- OPSI; The Births and Deaths Registration Act 1953.
- OPSI; The Cremation (England and Wales) Regulations 2008.
- Ministry of Justice; Cremation Regulations 2008: Guidance for Cremation Authorities and Cremation Managers.
Internet and further reading
- DCA; (Dept. Constitutional Affairs) The Work of The Coroner.
- Bell MDD, Moss E, Murphy PG; Brainstem death testing in the UK - time for reappraisal? BJA. 2004.
- Swash M, Beresford R; Brain death; still-unresolved issues worldwide. Neurology 2002.
Document ID: 2029
Document Version: 22
Document Reference: bgp26
Last Updated: 4 Feb 2009
Planned Review: 4 Feb 2011
The authors and editors of this article are employed to create accurate and up to date content reflecting reliable research evidence, guidance and best clinical practice. They are free from any commercial conflicts of interest. Find out more about updating.
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