An inquest is a public inquiry, held by a coroner, into the circumstances of a death. Its purpose is to establish the facts surrounding the death and place them on the public record, not to attribute blame. We are regularly instructed to represent bereaved families at inquests across Ireland.
The purpose of an inquest
Most people would consider that any court process, especially one concerning a death in suspicious circumstances, would be adversarial. However, an inquest distinguishes itself from other court processes in that the coroner cannot consider or attribute criminal or civil liability, or indeed exonerate any party. The purpose of the inquest is to establish the facts surrounding the death and to place those facts on the public record.
The coroner's findings, verdicts and representation
The coroner will make findings on the identification of the deceased, the date and place of death, and the cause of death. The range of verdicts open to a coroner or jury include accidental death, misadventure, suicide, open verdict, natural causes (if so found at inquest), and in certain circumstances, unlawful killing. The family will be informed of the date and place of the inquest and the coroner will decide on any witnesses that need to be called. In certain circumstances, if the family have suspicions over the death of the deceased and the coroner has not yet called for an inquest, they can write to him setting out the reasons as to why an inquest should be held and, upon further investigation, he may accede to that request.
We are regularly instructed to represent bereaved families at inquests following the death of a loved one. There is no legal requirement for anyone to have such representation, but if the deceased's family has concerns over the care received, we endeavour to explore these issues to the best of our abilities within the constraints of the inquest process. Whilst no allegations concerning liability can be made, crucial information can be obtained nonetheless. If any family is contemplating the engagement of our services for such an inquest, we would always encourage early instruction so that sufficient time is allowed to obtain witness statements and the opinion of medical experts concerning any pertinent points.
The cost of representation at an inquest
Some people are concerned about the cost of engaging such representation at an inquest. In that respect, the judgment of O'Neill J. in the High Court case of Courtney v Our Lady's Hospital Limited T/A Our Lady's Hospital Crumlin, Murray, and Walsh [2008/1225P] has been helpful. In circumstances where the death has been shown to be due to the wrongful act of another, it is possible in the majority of cases to recover the cost of legal representation at an inquest in the subsequent civil case.
Recent cases of note
- A 17 year old boy died of congested heart failure at Galway Regional Hospital. Michael Boylan, Solicitor, represented the family at the inquest held at Dublin City Coroner's Court on 10th April 2014.
- Substantial damages, and an admission of fault and apology, following the death of a first born child during birth at Mount Carmel Hospital.
- Substantial six-figure settlement for the family of a man who died following admission to hospital with a severe nose bleed.
- HIQA report finds "disturbing resemblance" between the death of Garda Tania McCabe and Savita Halappanavar.
- Six-figure settlement on behalf of a family following the death of a two-day-old infant boy as a result of injuries sustained at birth.
- Mother recovers substantial damages for nervous shock and costs of representation at inquest.
