On 2 November 2009, amendments to the Coroners Act 2003 (Qld) (“Act”) came into force in Queensland. The amendments directly affecting aged care providers relate to the circumstances in which deaths must be reported to the Coroner.

Prior to these changes, there was an obligation to report a death, where the death was not reasonably expected to be the outcome of a health care procedure. It was widely believed that an under-reporting of reportable deaths was occurring across the State, particularly in relation to those deaths resulting from health care procedures and so the circumstances under which the deaths are reportable have been expanded to cover all deaths that are health care related deaths.

In general terms, the amendments to the Act: -

• Impose a greater duty on health care providers to report deaths; and
• Provide a broader scope of circumstances in which a death must be reported to the Coroner.

The Act now requires that all health care related deaths be reported to the Coroner.

The Act broadly defines the term health care as: -

• A health procedure (which includes dental, medical, surgical, diagnostic or other health related procedure such as provision of medication or anaesthetic); or
• Any care, treatment, advice, service or goods provided for, or purportedly provided for, the benefit of human health.

This very wide definition includes the care that is provided in aged care facilities.

A death will be a health care related death and therefore, a reportable death, if: -

• The health care caused or contributed to the death;

OR

• A failure to provide health care caused or contributed to the death;

AND

• The death was an unexpected outcome of the health care being provided.

In a recent publication the Office of the State Coroner released a series of questions designed to assist health professionals in determining whether a death should be considered a health care related death: -

1. Would the person have died at about the same time without the health care?
2. Did the death result directly from an underlying disease or injury?
3. Was the health care carried out with all reasonable care and skill?

Answering “no” to any one of these questions indicates that the death is a health care related death on the basis that the health care may have caused or contributed to the death of the health care recipient.

Further, answering "no" to any of the following questions may indicate that the death is again a reportable death on the basis that the death was the unexpected outcome of the health care: -

1. Before the health care was provided, was the person’s condition such that death was foreseen as more likely than not to occur?
2. Was the person told that death was foreseen as more likely than not to occur?
3. Was the decision to provide the health care reasonable given the person’s condition including their quality of life if the health care wasn’t provided?
   

The changes will certainly impact upon the Aged Care industry given the very broad definition of health care and providers need to be aware that penalties apply for failing to report a reportable death.

In light of these amendments to the Act, we strongly recommend that you:-

• Ensure staff are aware of the changes;
• Review all relevant policies and procedures relating to reporting deaths; and
• Update policies and procedures where necessary.

Please contact Brian Herd or Joanne O'Brien if you require any further information on these changes.

Joanne O'Brien
CARNE REIDY HERD LAWYERS