Unit 3 Medico-Legal Aspect of Death Importance
Unit 3 Medico-Legal Aspect of Death Importance
Unit 3 Medico-Legal Aspect of Death Importance
Importance
1. Civil personality is extinguished by death
2. Property is transmitted to heirs
3. Dissolution of partnership agreement
4. Extinguishment of agency
5. Criminal liability is extinguished by death
6. Case that does not survive is dismissed
Death is the termination of life. Complete cessation of vital functions
BICHAT`S TRIAD-Death is a failure of the body as integrated system associated with
irreversible loss of
A. Circulation
B. Respiration
C. Innervation
Philadelphia Protocol
1. Lack of responsiveness to internal or external stimuli
2. Absence of spontaneous breathing for 3 minutes
3. No muscular movements
4. No reflexes and response eg. Corneal reflex,sucking reflex,etc
5. Falling arterial pressure
6. flat EEG
at least 2 hours certified by 2 physicians-----DEAD
Kinds of Death
1. Somatic or Clinical death
- complete persistent cessation of vital function
- heart, lungs, brain
- lips becomes pale, flaccid, sphincters relaxed
2. Molecular/Cellular Death
- life in individual cells
- 3-6 hours after Somatic death
3. Apparent death/ State of Suspended Animation
- Transient loss of consciousness
- Temporary cessation of vital functions
Signs of Death
1. Cessation of Heart Action
certain if there is no heart action for 5 minutes
Methods of Detecting Heart Action
1. Palpation of the pulse
2. Auscultation of Heart sounds
3. Fluoroscopic Examination
4. Electrocardiograph (ECG)
Methods of detecting Circulation (Most are impractical)
1. Magnus Test
- ligature applied around the base of the finger with moderate tightness
- living-bloodless zone on the site of application and livid zone distal to it
- dead-no change in color
2. Opening of Small Artery
- Living—jerking of blood
- Dead- no jerking, blood vessel is white
3. Icard`s test
Injection of fluorescein subcutaneously
If circulation is still present, the dye will spread all over the body with a
greenish-yellow discoloration
If dead, dye remains in the site of injection
4. Pressure on the fingernails
If alive, zone of paleness on the site of application which becomes livid on
release
If dead, no change
5. Diaphanous test
Finger webs appear red when viewed in strong light in living, anemia and
CO2 poisoning
Appears yellow in the dead
6. Application of heat on the skin
Living-produce blister, signs of inflammation
Dead-no blister
7. Palpation of the Radial pulse
8. Dropping of melted wax
Living-inflammatory edema
Dead-none
2. Cessation of Respiration
No person can hold breath for a period not longer than 3 ½ minutes
1) Expose the abdomen and observe movement of inspiration and expiration
2) Examination with a mirror
Dimming of the mirror-living
No dimming-dead
3) Examination with a feather or Cotton fibers-place on nostrils
Movement-living
No movement-dead
Not reliable, affected by outside air and nervousness of the observer
4) Use stethoscope
5) Examination with a glass of water
Put a glass of water on the chest
Living-surface shows water movement
Dead- water is smooth and stable
Not reliable
6) Winslow test-mercury/water is placed in a saucer and placed on the chest or the
abdomen of the subject, check image by reflecting on light
No movement of image—dead
With movement-living
3. Cooling of the Body (Algor Mortis)
- Fall of temperature of 15-20 degrees Fahrenheit (-5 to -6 degrees celcius)---------
certain sign of death
- Rate of cooling is not uniform
- Rapid during the first 2 hours of death
- A fall in temperature may occur before death in the following conditions
o Cancer
o Phthisis
o Collapse
Post mortem Caloricity-rise in the temperature of the body after death due to rapid and
early putrefactive changes or some internal changes
Occurs first 2 hours after death
Occurs in the following:
1. Cholera
2. Yellow fever
3. Liver abscess
4. Peritonitis
5. Cerebrospinal fever
6. Rheumatic fever
7. Tetanus
8. Smallpox
9. Strychnine poisoning
Factors delaying Cooling Factors Accelerating Cooling
Acute pyrexial diseases Diseases that are not related to
Sudden death in good health fever
Obesity Long standing disease
Death from Asphyxia Leanness
Death of middle age
thick clothing Extremes of ages
Small room Thin clothing/naked
Warm surroundings Large room
Cool surroundings
Estimating Time of Death the Cooling of the body
a. based on the surrounding Air temperature
- Body temperature is normal at the time of death
- Fall of temperature for the first 2 hours
=1/2 difference of body and air temperature
- Next 2 hours=1/2 of previous rate
- Next 2 hours=1/2 of the previous rate
- General rule-body attains the temperature of the surrounding air from 12-15
hours after death in tropical countries
b. (Normal Temperature) 98.4 degrees Fahrenheit- Rectal temperature
1.5
=approximate number of hours after death
**Formula is only applicable when the rectal temperature has not yet
assumed the temperature of the environment, otherwise it is constant
c. Chemical method (Schourup`s formula)
CSF examined for concentration of lactic acid and amino acid
4. Insensibility of the body and loss of power to move
- no amount is capable of making the body have voluntary movement
Maybe present although living in:
Apoplexy
Epilepsy
Trance
Catalepsy
Cerebral concussion
Hysteria
Cause of death- the injury, disease or the combination of both injury and disease
responsible for initiating the trend or physiological disturbance, brief or prolonged which
produced death
Immediate (Primary) Cause of death- cases when trauma or disease kill quickly that
there is no opportunity for sequelae to develop
Proximate (Secondary) Cause of Death-The injury was survived for a sufficient
period which permitted the development of a sequelae
1. Accidental Death
Elements of the Provision
1) A person is performing a lawful act
2) He performed it with due care
3) He caused injury to another by mere accident
4) He is without fault and no intention of causing it
2. Negligent death-due to reckless imprudence, lack of skill or foresight
3. Parricidal death
Requisites of the Crime
1) A person was killed
2) The person killed was the father, mother or child, whether legitimate or
illegitimate in relation with the offender, or other legitimate ascendance, or
descendants or spouse of the offender
4. Infanticidal death
Requisites of the Crime
1) A person was killed
2) The person killed was a child less than 3 days old
5. Murder
Requisites of the Crime
1) The offender killed the victim
2) Killing is attended by any of the qualifying circumstances
3) There was an intent to kill the victim
4) The killing is not Parricide or infanticide
6. Homicide
Requisites for the Crime
1) The victim of the criminal assault was killed
2) The offender killed the victim without any justification
3) There is an intention on the part of the offender to kill the victim
4) That the killing does not fall under the definition of crime of parricide, murder
or infanticide
Classification of Asphyxia
1. Hanging- form of violent death brought about by the suspension of the body by
ligature which encircles the neck and the constricting force is the weight of the
body
Lynching-form of homicidal hanging found in Southern United States. Negroes are
executed without due process of law.
2. Asphyxia by Ligature
Compression by means of a ligature which is tightened by a force other than
the weight of the body.
Hanging Strangulation by Ligature
Hyoid bone is frequently injured Hyoid bone is frequently spared
Direction of the ligature mark is Ligature mark is usually horizontal and
inverted V shaped with the apex at the the knot is on the same horizontal
site of the knot plane
Usually at the level of hyoid bone Ligature is usually below the larynx
Ligature groove is deepest opposite Ligature groove is uniform in the depth
the site of the knot in its whole course
Vertebral Injury is frequently observed Vertebral Injury is not observed
3. Asphyxia by Suffocation/Throttling
a form of asphyxial death whereby the constricting force applied to the neck is
the hand
Post-mortem findings
1) Cyanosis of the face
2) Findings in the neck
a. contusions with the form and shape of the fingers
b. interstitial hemorrhages in the neck muscles
c. fracture of the laryngeal cartilage
3) Heart on the right side is distended with blood
4) over distention of the lungs
4. Asphyxia by Suffocation
Exclusion of air from the lungs by closure of air openings
Smothering-closure of the external respiratory orifice by hand or other means
Overlaying-children
Gagging-application of handkerchief, linen or other clothing materials to
prevent air to have access to the mouth or nostrils
Plastic Bag suffocation
Choking-impaction of foreign body in the respiratory tract
- Vommitus
- False teeth
- Café coronary-a restaurant patron apparently has sudden heart attack in
the middle of his dinner and dies without much untoward symptoms. On
autopsy, a large mass of food is lodged on the throat. High alcohol levels
may anesthetize Gag reflex
7. Burking- form of traumatic asphyxial death when murderer kneel on the chest or
sit on the victim with his hands close the nostrils and the mouth of the victim
invented by Burke and Hare for the purpose of murdering people to be sold to
Medical Schools for dissection
Special Deaths
A. Judicial death
Methods of Judicial Death
- Lethal injection
- Electrocution- > 1,500 volts is applied on a person sited on a chair
- Death by Hanging
- Death by Musketry-firing squad
- Death by gas chamber- CO
- Beheading
- Crucifixion
- Beating
- Destruction by wild beast
- Stoning
- Flaying-skinning alive
B. Euthanasia/Mercy killing-deliberate and painless acceleration of death of a person
suffering from incurable or distressing disease
Types of Euthanasia
1. Active Euthanasia-intentional or deliberate application of the means to shorten
the life of a person
2. Passive Euthanasia-absence of application of the means to accelerate death but
the natural course of the disease is allowed to have its way to extinguish the life
of the person
a. Orthothanasia-when an incurably ill person is allowed to die a natural
death without the application of any operation or treatment procedure
b. Dysthanasia-when there is an attempt to extend the life span of a person
by the use of extraordinary treatments without which the patient would
have died earlier
** Dysthanasia does not comply with the definition of euthanasia
C. Suicide/Self destruction
Evidence that Will Infer Death is Suicidal
1. History of depression, unresolved problem or mental disease
2. Previous attempt of self destruction
3. If committed by infliction of physical injuries, the wounds are located in areas
accessible to the hand, vital parts of the body and usually solitary
4. The effects of the act of self-destruction maybe found in the body of the victim
a. Hand may be blood-stained if suicide was done by inflicting wound
b. Wounding hand may be positive to paraffin test in gunshot. The wound of
entrance may show manifestations of a contact or near shot
c. Empty bottle or container of poison maybe present at the suicide scene
d. Absence of signs of struggle or
e. Cadaveric spasm present in the wounding hand holding the weapon
5. Presence of a suicide note
6. Suicide scene not susceptible to public view; and
7. Evidences that will rule out homicide, murder, parricide
2) Autopsies
Assignment 3
1. Briefly describe the following signs of death and how they are used to
indicate time of death 5 pts each
a. Rigor Mortis
b. Algor mortis
2. Differentiate Diffusion from Hypostatic lividity. (5 pts)
3. What can a fly (Langaw) tell us as to the time of death? (5 pts)