Pauper Cremations Medico-Legal Implications

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Presentation transcript:

Pauper Cremations Medico-Legal Implications Dr Gavin M. Kirk MBBCh, Dip For Med (SA), FC For Path (SA) Forensic Pathologist

Death Natural Unnatural Unknown

Final Death Certificate Burial Order / Proof of Death Notice Natural Unknown Unnatural BI 1663 Hospital / Private PM Dept. of Home Affairs Final Death Certificate [BI-18/19/20] SSA Family / Undertaker Registrar of Deaths Burial Order / Proof of Death Notice Burial Cremation

Investigating Officer Death Natural Unknown Unnatural BI 1663 Medico-Legal Autopsy SAPS 180, DOA form, other M-L PM Report SAPS 359 GW 7/15 SAPS 181 Investigating Officer Inquest Magistrate DPP

External Examination of Body Medical / Other History Death Natural Unnatural Unknown State Mortuary External Examination of Body & Medical / Other History

Inquest Act (Act 58 of 1959) Objectives of medico-legal autopsy establish cause of death establish identity obtain relevant evidence

Medico-legal autopsy Performed by medical practitioner appointed for the purpose specialist forensic pathologist non-specialist district medical officer

Reasons for exhumation Autopsy Repeat autopsy Disputed identity For reburial elsewhere

Identification General gender age ethnicity Specific individual

Individual identification Visual recognition direct indirect photographs description Biological DNA

Identification by DNA Requires specimens to compare Form of specimen any cellular material with nuclei blood hair Storage of specimen frozen blood blood absorbed in paper

Unidentified paupers Issues surrounding cremation potential loss of forensic evidence same as for identified paupers and non-paupers method for subsequent identification ethical issues cultural / religious beliefs of deceased next-of-kin’s views