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Judicial consequences in Spain for the completion of the medical death certificate

The completion of the death certificate is indispensable in Spain for a death to be recorded in the civil registry. Occasionally, doctors may be reluctant to sign a death certificate due to possible legal consequences. This study seeks to analyse the possible judicial consequences doctors may face u...

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Autores principales: Pinto Pastor, Pilar, Dorado Fernández, Enrique, Herreros, Benjamín, Albarrán Juan, Elena, Santiago-Sáez, Andrés
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Springer Berlin Heidelberg 2021
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8813857/
https://www.ncbi.nlm.nih.gov/pubmed/34704131
http://dx.doi.org/10.1007/s00414-021-02733-6
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author Pinto Pastor, Pilar
Dorado Fernández, Enrique
Herreros, Benjamín
Albarrán Juan, Elena
Santiago-Sáez, Andrés
author_facet Pinto Pastor, Pilar
Dorado Fernández, Enrique
Herreros, Benjamín
Albarrán Juan, Elena
Santiago-Sáez, Andrés
author_sort Pinto Pastor, Pilar
collection PubMed
description The completion of the death certificate is indispensable in Spain for a death to be recorded in the civil registry. Occasionally, doctors may be reluctant to sign a death certificate due to possible legal consequences. This study seeks to analyse the possible judicial consequences doctors may face upon filling out this medico-legal document. Sentences published on the Judicial Power’s website between 2009 and 2019 containing the term “death certificate” were analysed. From a total of 2100 sentences examined, only 15 were found to contain the term “death certificate” as part of the claim. In only 7 of these cases the claim was made against the physician, and in 5 the physician was found guilty. Three of them concluded falsity via criminal proceedings, one via administrative proceedings for refusing to sign the certificate and one through civil proceedings for filling out an erroneous antecedent cause of death. In view of the above, it can be inferred that the completion of the death certificate poses few judicial consequences for physicians. In addition, this study reveals the importance of the death certificate document as evidence in judicial proceedings.
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spelling pubmed-88138572022-02-23 Judicial consequences in Spain for the completion of the medical death certificate Pinto Pastor, Pilar Dorado Fernández, Enrique Herreros, Benjamín Albarrán Juan, Elena Santiago-Sáez, Andrés Int J Legal Med Original Article The completion of the death certificate is indispensable in Spain for a death to be recorded in the civil registry. Occasionally, doctors may be reluctant to sign a death certificate due to possible legal consequences. This study seeks to analyse the possible judicial consequences doctors may face upon filling out this medico-legal document. Sentences published on the Judicial Power’s website between 2009 and 2019 containing the term “death certificate” were analysed. From a total of 2100 sentences examined, only 15 were found to contain the term “death certificate” as part of the claim. In only 7 of these cases the claim was made against the physician, and in 5 the physician was found guilty. Three of them concluded falsity via criminal proceedings, one via administrative proceedings for refusing to sign the certificate and one through civil proceedings for filling out an erroneous antecedent cause of death. In view of the above, it can be inferred that the completion of the death certificate poses few judicial consequences for physicians. In addition, this study reveals the importance of the death certificate document as evidence in judicial proceedings. Springer Berlin Heidelberg 2021-10-26 2022 /pmc/articles/PMC8813857/ /pubmed/34704131 http://dx.doi.org/10.1007/s00414-021-02733-6 Text en © The Author(s) 2021 https://creativecommons.org/licenses/by/4.0/Open AccessThis article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ (https://creativecommons.org/licenses/by/4.0/) .
spellingShingle Original Article
Pinto Pastor, Pilar
Dorado Fernández, Enrique
Herreros, Benjamín
Albarrán Juan, Elena
Santiago-Sáez, Andrés
Judicial consequences in Spain for the completion of the medical death certificate
title Judicial consequences in Spain for the completion of the medical death certificate
title_full Judicial consequences in Spain for the completion of the medical death certificate
title_fullStr Judicial consequences in Spain for the completion of the medical death certificate
title_full_unstemmed Judicial consequences in Spain for the completion of the medical death certificate
title_short Judicial consequences in Spain for the completion of the medical death certificate
title_sort judicial consequences in spain for the completion of the medical death certificate
topic Original Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8813857/
https://www.ncbi.nlm.nih.gov/pubmed/34704131
http://dx.doi.org/10.1007/s00414-021-02733-6
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