Forensic implications of classification of accident-related deaths: A case report and review of the medical and legal literature

Lauren Santoro , Judy Melinek
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Abstract

One of the most important documents produced by physicians is a death certificate. It is not only used in the field of forensic science but is also utilized by statisticians, administrators, historians, researchers, and public health experts. Insurance companies refer to the cause and manner of death listed in the death certificate when deciding whether to distribute benefits. We report the case of a 40-year-old male who was declared dead after crashing his vehicle against a fixed object in a head-on collision. The collision occurred after he had worked a highly strenuous shift as a volunteer firefighter. The decedent’s daughter was a passenger in the car when the incident occurred, and witnessed him become unconscious and exhibit signs of a seizure while driving, before he lost control of the vehicle. The forensic pathologist who performed the autopsy received a police report which did not include details of the crash and which specifically omitted the daughter’s witnessed account. Based on the absence of traumatic injuries and the presence of facial petechiae and marks on his abdomen and chest from the seatbelt, the autopsy pathologist concluded that the cause of death was mechanical/positional asphyxia due to entrapment by the seatbelt. The decedent had significant cardiovascular disease, but this was not considered a cause or a contributory cause of death. Because the cause of death did not align with the terms of the decedent’s insurance coverage, which required that any qualified accident be directly due to on the job injury or occur due to a cardiovascular event within 24 h of job-related exertion, the family was denied Public Safety Officer accidental death benefits. The family approached a legal advocate with experience in appealing these types of claims, and the advocate reached out to a consulting pathologist to peer-review the case. The consultant authored a report incorporating the daughter’s witnessed statement and discovered evidence on microscopy that indicated that cardiac strain brought on by workplace exertion was the likely cause of the collision and terminal entrapment. Upon tertiary review by the Chief Medical Examiner, the death certificate was subsequently amended to acknowledge the decedent’s cardiovascular disease, allowing the family to successfully appeal the insurance agency’s decision and receive the benefits.

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与事故有关的死亡分类的法医意义:一份病例报告和对医学和法律文献的审查
医生出具的最重要的文件之一是死亡证明。它不仅用于法医学领域,也被统计学家、管理人员、历史学家、研究人员和公共卫生专家使用。保险公司在决定是否发放保险金时,会参考死亡证明上所列的死亡原因和死亡方式。我们报告的情况下,40岁的男性谁被宣布死亡后,他的车辆撞上了一个固定的物体在正面碰撞。事故发生在他作为一名志愿消防员完成了一次高度劳累的轮班之后。事故发生时,死者的女儿也在车上,在他失去对汽车的控制之前,她目睹了死者在开车时失去知觉并表现出癫痫发作的迹象。进行尸检的法医病理学家收到了一份警方报告,其中没有包括坠机的细节,而且特别遗漏了女儿的证人陈述。由于没有外伤,腹部和胸部有面部斑点和安全带留下的痕迹,尸检病理学家得出结论,死因是由于安全带卡住造成的机械性/体位性窒息。死者患有严重的心血管疾病,但这并不被认为是导致死亡的原因或促成死亡的原因。由于死亡原因不符合死者保险范围的规定,即任何合格事故必须直接由工伤造成,或在与工作有关的努力工作24小时内因心血管疾病而发生,因此,公共安全官员拒绝向其家属发放意外死亡抚恤金。这家人找到了一位在这类索赔方面有经验的法律辩护律师,这位律师联系了一位咨询病理学家,让他对此案进行同行评议。顾问撰写了一份报告,纳入了女儿的证人陈述,并在显微镜下发现了证据,表明工作场所劳累引起的心脏紧张可能是导致碰撞和末端夹住的原因。经首席法医第三次审查后,对死亡证明进行了修订,承认死者患有心血管疾病,使家属能够成功地对保险机构的决定提出上诉,并获得赔偿。
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来源期刊
Forensic Science International: Reports
Forensic Science International: Reports Medicine-Pathology and Forensic Medicine
CiteScore
2.40
自引率
0.00%
发文量
47
审稿时长
57 days
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