The Coronavirus Act 2020 received Royal assent on March 25th. This had significant implications for the registration of deaths and the accuracy of ONS data in relation to COVID 19.
Not only did the act indemnify all NHS doctors against any claims of negligence during the lockdown, it also removed the need for a jury led inquest. Effectively, only in the case of death from the notifiable disease of COVID 19. Worrying as these elements of the legislation are, they are just part of a raft of changes singling out registered COVID 19 deaths as unusually imprecise.
The NHS issued guidance to assist doctors to comply with the new legislation. Any doctor can sign the MCCD. There is no need for the scrutiny of a second Medical Examiner. The Medical Examiner, or any other doctor, can sign the MCCD alone. The safeguards introduced in 2016 were removed, but only in the case of COVID 19.
Doctors do not necessarily need to have examined the deceased prior to signing the MCCD. If it is considered impractical for the doctor who last saw the deceased to complete the MCCD, providing they report that the deceased probably had COVID 19, any other qualified doctor can sign the death certificate as a COVID 19 death.
There is no requirement for any signing doctor to have even seen the deceased prior to issuing the MCCD. A video link consultation within the 4 week period leading up to the patient’s death, is deemed sufficient for them to pronounce death from COVID 19.
If that were not tenuous enough, as long as the signing doctor believes the death was from COVID 19, potentially absent any examination at all, perhaps simply by reviewing the patient’s case notes, if a coroner agrees, a COVID 19 death can still be registered.
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In other words, if the MCCD signing doctor hasn’t seen the patient, while they were alive, no further inquiry is necessary. The qualified informant can be someone who has neither met the deceased nor knows anything about the circumstances surrounding their death.
In this situation, but only for COVID19 deaths, it is fine to assume the death was from the disease.