Is a Coroner’s Report Admissible in a Medical Malpractice Action?

When a loved one dies unexpectedly in a medical centre, the shock, emotional trauma, and grief can be overwhelming. Families grappling with this reality often ask questions such as: What really happened? Was the care provided part of standard procedures?

In such tragic circumstances, a coroner’s report becomes essential, as it gives deep insights into the medical care provided, and, in some cases, the glaring omissions that may have led to the sad outcome.

For families seeking justice for wrongful death due to medical negligence, the coroner’s report is a bureaucratic formality and also the first step to unlocking the mysteries behind the death and holding accountable those responsible. 

However, how does this report fit into the law and what weight does it carry in Ontario courts? In this blog, we will explain the admissibility of the coroner’s report in medical malpractice lawsuits and the quest for accountability.

What is a coroner’s report?

As defined by Ontario law, a coroner’s report is an official document that outlines the findings of an investigation into an unexpected or suspicious death. The major purpose of this document is to determine the cause and manner of death, especially when negligence, foul play, or unexplained medical events are suspected. 

The report is compiled through a thorough process that includes, autopsies, a review of medical history, and a series of interviews with healthcare experts and witnesses.

A coroner, who is a government-appointed official responsible for processing the report, may also consider findings and opinions from forensic examinations, specialists, and other investigative methods needed to create a detailed picture of the deceased’s final moments.

The coroner’s report is important in medical malpractice claims as it reveals the actual cause of death, thus offering families the opportunity to uncover the truth and pursue justice if the death resulted from improper or inadequate care.

Is a coroner’s report admissible in Ontario medical malpractice lawsuits? 

In Ontario, a coroner’s report is admissible as evidence in medical malpractice cases, as it provides factual information about the cause and circumstance of death. However, there are legal standards that govern their use in court, and not all parts of a coroner’s report may be deemed admissible without further investigation. 

Under the Ontario law, findings from a coroner’s report, such as the timeline of events that led to death, the cause of death, and evidence from an autopsy, can be used in medical malpractice lawsuits. These findings can be used to build evidence that supports medical negligence, particularly in cases involving birth injuries, surgical errors, or other mishaps.

The Ontario Evidence Act also provides clarity, in the form of a framework, that explains admissible documents like a coroner’s report and how they can meet reliability standards before they can be accepted in courts. 

However, the coroner officer’s perspectives, opinions, and conclusions, especially those that interpret the medical actions taken or suggest negligence, are sometimes not considered. This is because courts always try to filter factual information from subjective conclusions in a coroner’s report.

In some cases, the defence may argue that the coroner officer’s opinion should be excluded because it may not meet the standard of expertise or objectivity required to pass as expert testimony in court.

How a Coroner’s Report Can Establish Medical Negligence in Malpractice Cases

A coroner’s report is essential in medical malpractice cases, as it establishes key facts that can support or refute claims of medical negligence. 

For instance, with lawsuits involving surgical errors, a coroner’s report can reveal information on the procedure that may not have been clear at the time of death. If an autopsy reveals internal damages that are inconsistent with expected outcomes of the surgery, it may point to negligence, such as lack of adequate care, missteps during the surgical operation, and more.

Similarly, if the coroner identifies complications arising from delayed diagnosis, misdiagnosed infection, or an untreated condition, the report will provide a strong foundation for claiming that the healthcare provider’s failure led to the tragic outcome. 

Below, we discuss a case scenario to best explain the weight of a coroner’s report in malpractice suits:

• A coroner’s investigation into the death of a woman who died following a delayed cancer diagnosis uncovered that repeated failures to properly review diagnostic tests had contributed to the fatal progression of her illness. The coroner’s detailed timeline of missed opportunities for earlier intervention played a crucial role in securing a verdict of negligence against the healthcare providers.

Nevertheless, it is important to note that past cases have shown that while the factual data in these reports can strongly support malpractice claims, they are rarely sufficient on their own to secure a favourable judgment. 

This is why it is recommended to contact experts such as a birth injury lawyer to build evidence, which includes medical testimonies from healthcare specialists and records of treatments provided prior to death.

Why Medical Law Expertise Matters in Cases Involving a Coroner’s Report

In birth injury cases that lead to death, defence legal teams often challenge the findings of a coroner’s report, questioning and downplaying its importance. This is where the expertise of a skilled medical law team becomes even more essential. 

At Sommers Roth & Elmaleh, we have over 40 years of experience in dealing with medical malpractice cases, and have a great win ratio in birth injury suits, including ones that involve the use of a coroner’s report.

When newborns suffer fatal injuries due to delayed care, improper procedures, or medical errors during childbirth, these reports can reveal critical details about what went wrong. 

While these reports are admissible in Ontario courts, our team of birth injury lawyers and legal specialists can provide extra pieces of evidence such as additional expert testimony and medical records to corroborate or contest the report’s conclusions. 

By combining these documents and records, our birth injury lawyers can develop a compelling case that holds negligent healthcare providers accountable and fight until we get the justice and claims you deserve for your devastating loss.

Fight for Your Loved One’s Right to Accountability

In essence, a coroner’s report is admissible in Ontario courts as it is a decisive factor used to reveal if healthcare providers breached their duty of care in events involving a loss of life.

If you have a suspicion or strongly believe that your loved one was a victim of medical malpractice, you need to contact a birth injury lawyer and seek accountability. A coroner’s report can provide the foundation for a strong malpractice claim.

At Sommers Roth & Elmaleh, our experienced and compassionate team of birth injury lawyers understands how to use these reports to pursue justice and hold negligent healthcare institutions and physicians accountable for errors.

For more information, call us at 1-844-414-0121 or contact us online for a free consultation as we decide on the next legal steps to securing compensation for your family.