INTRODUCTION TO FORENSIC PATHOLOGY

• Jurisdiction: Australia

Pathology and the law .................................................................................. [33A.100]

Pathology practice aspects of legal practice ................................................ [33A.110]

Cause of death conclusions and the completion of a death certificate ....... [33A.120]

Legal aspect of pathology practice ............................................................... [33A.130]

The organisation of forensic pathology practice in Australia and New Zealand .................................................................................................... [33A.140]

[33A.100] Pathology and the law

This chapter focuses on forensic pathology and its relationship with the legal system. Pathology consists of many subspecialties, of which forensic pathology is one which focuses on medico-legal investigation of death. As a consequence, there is a working relationship with the coroners, police and other death investigators (eg, workplace health and safety), prosecution and defence.

The practice of forensic pathology differs among countries, ranging from a medical examiner system in the United States to a police-based death investigation system as practiced in China. In some countries, a doctor with limited or without any training in forensic pathology may perform the post-mortem examination. Hence, investigators and legal practitioners should be aware of the qualifications and experience of the medical practitioner.

The forensic pathologist's activities include performing post-mortem examination, preparation of expert reports (autopsy reports) and giving of expert evidence in inquests, homicide trials and sometimes in civil litigation. Hence, there are consultations with the coroner regarding daily cases, pre-trial conferences with lawyers (both prosecution and defence) and also interpretation of cases with other forensic scientists and police.

Forensic pathologists are medical practitioners who, following their training and initial hospital-based practice as interns and residents (junior hospital pre-specialist trainees), have been accepted into a specialist-training program of five or more years. They also have been assessed at the completion of that training by the relevant professional body. In Australia, this is the Royal College of Pathologists of Australasia, a national body accredited by the Australian Medical Council.

The structure of the profession of pathology and the different disciplines within it are discussed at [33A.300]-[33A.560]. This will assist legal practitioners understand the nature of different types of pathology practice.

[33A.110] Pathology practice aspects of legal practice

The...