Legal requirements after a patient has died

Healthcare professionals who care for patients who are dying should familiarise themselves with their local jurisdiction regulations, laws and practices concerning death, death certification, cremation certification and coronial procedures.

Legal requirements vary between states and territories, but in general are:

• An authorised person must verify death (ie life must be declared extinct); an authorised person may include a medical practitioner, nurse or paramedic. In some jurisdictions this is required before the body can be moved.
• The medical certificate of cause of death must be completed; this is not necessarily done by the person who verified the death. In some states, the treating medical practitioner must certify the death, while in others any medical practitioner can do this, based on available clinical information (eg medical record). If an appropriate medical practitioner cannot be found to complete the death certificate within a specified time, the police and/or coroner need to be informed.
• Additional considerations and documentation are required if a body is to be cremated. For example, implanted pumps and cardiac devices must be identified for the funeral director to remove, as the batteries can explode and cause damage or injury. Radioactive isotope injections and implants can also be hazardous to workers handling the body; seek advice from the medical specialist, radiation safety officer or physicist whom the patient was treated by. For more information, see Statement on Safe Handling of Deceased Persons Recently Treated with Radioactive Material by the Australian Government Radiation Health CommitteeAustralian Radiation Protection and Nuclear Safety Agency (ARPANSA), 2020.
• Some deaths must be reported to the coroner. If clinicians have any questions or concerns about this, they should contact the coroner to discuss the situation before or after the death. For an expected death that is likely to be reportable, it can be helpful to clarify potential issues with the coroner before the death; this can reduce distress for the family after the death.