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Medico-Legal Aspect of Death
Medico-Legal Aspect of Death
ASPECT OF DEATH
DEATH
→ is the termination of life.
→ it is the complete cessation of all the vital functions
without possibility of resuscitation.
→ it is an irreversible loss of the properties of living matter.
→ an event that takes place at a precise time.
→ the ascertainment of death is a clinical and not a legal problem
IMPORTANCE OF DEATH
DETERMINATION
1. The civil personality of a natural person is extinguished by death;
2. The property of a person is transmitted to his heirs at the time of
death;
3. The death of the partner is one of the causes of dissolution of
partnership agreement;
4. The death of either the principal or the agent is a mode of
extinguishment of agency;
5. The criminal liability of a person is extinguished by
death;
6. The civil case for claims which does not survive is
dismissed upon the death of the defendant.
CRITERION USED IN ITS
DETERMINATION
Based on the Criterion used in its determination, death
may be:
1. Brain Death
• Death occurs when there is deep irreversible coma, absence
of electrical brain activity and complete cessation of all the
vital functions without possibility of resuscitation.
2. Cardio-Respiratory Death
• Death occurs when there is a continuous and persistent
cessation of heart action and respiration
• It is a condition in which the physician and the members
of the family pronounced a person to be dead based on the
common sense or intuition.
3. Brain and Cardio-Respiratory
Death A person will be considered medically and legally dead if
in the opinion of a physician based on ordinary standards of
medical practice, there is:
• Absence of spontaneous respiratory and cardiac function, and
because of the disease or condition which caused, directly or
indirectly, these functions to cease, or because of the passage of
time since these functions ceased, attempts at resuscitation are
considered hopeless;
• Absence of spontaneous brain function and if based on ordinary
standards of medical practice during reasonable attempts to either
maintain or restore spontaneous circulatory or respiratory function
in the absence of aforesaid brain function, it appears that further
attempts at resuscitation or supportive maintenance will not succeed.
KINDS OF DEATH
1. SOMATIC DEATH OR CLINICAL DEATH
• State of the body in which there is complete, persistent and
continuous cessation of the vital functions of the
brain, heart and lungs which maintain life and death;
• hardly impossible to determine the exact time of death ;
• immediately after death,
– the face and lips become pale
– the muscles become flaccid
– the sphincters are relax
– the lower jaw tends to drop
– the eyelids remain open
– pupils dilate
– skin loses its elasticity
– body fluids tend to gravitate to the most dependent portions of the body
– body heat gradually assumes the temperature of the surroundings
2. MOLECULAR OR CELLULAR
DEATH
• After cessation of the vital functions, there is still animal
life among individual cells.
• About 3-6 hours later, there is death of individual
cells known as molecular or cellular death
• Exact occurrence cannot be definitely determined due
to several factors
3. APPARENT DEATH OR STATE OF
SUSPENDED ANIMATION
• This condition is not really death but merely a transient
loss of the vital functions of the body on account of
disease, external stimulus or other forms of influence.
• It may arise especially hysteria, uremia, catalepsy and
electric shock.
SIGNS OF DEATH
1. CESSATION OF HEART ACTION AND
CIRCULATION
a. Examination of the heart
1. Palpation of pulse
2. Auscultation of heart sounds
3. Fluoroscopic examination
b. Examination of Peripheral Circulation
1. Magnus Test
2. Opening of Small Artery
3. Icard’s Test
4. Pressure on the Fingernails
5. Diaphanous Test
6. Application of heat on the skin
7. Palpation of the Radial Pulse
8. Dropping of melted wax
2. CESSATION OF RESPIRATION
• Cessation of respiration in order to be considered as a sign of death must
be continuous and persistent.
• Absence of movement of chest during inspiration and expiration
7. ‘TACHE NOIR DE LA SCLEROTIQUE’ – spot seen on the sclera after death of the
person
8. ACTION OF HEAT ON THE SKIN
CHANGES IN THE BODY
FOLLOWING DEATH
STAGE OF PRIMARY FLACCIDITY (Post-
mortem muscular irritability):
– Muscles are relaxed
– Pupils are dilated
– Sphincters are relaxed
– Incontinence of urination and defecation
STAGES OF POST-MORTEM RIGIDITY – Also
known as Cadaveric rigidity or Death struggle of
muscles or Rigor Mortis
– Muscles contract
– Starts 3-6 hours after death
– Lasts 24-36 hours
– Increase in lactic acid and phosphoric content
STAGES OF SECONDARY FLACCIDITY:
– Also known as commencement of putrefaction (Decay of
the muscles)
– Muscles become flaccid
CONDITIONS SIMULATING RIGOR
MORTIS
1. HEAT STIFFENING
– Exposure of a Body to intense temperature (>65 Degree Celsius)
– Denaturation and Coagulation of muscular proteins
– Muscular shortening (contracted, desiccated, carbonized)
There are four (4) Post-mortem sign to tell a great deal about time of
death
1. PALLOR MORTIS – It is when the skin becomes pale because of
lack of blood flow to the skin.
2. ALGOR MORTIS – It is the change in body temperature post
mortem to reach external temperatures.
3. RIGOR MORTIS -
4. LIVOR MORTIS