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SIMPSON’S FORENSIC

MEDICINE
Professor CEDRIC KEITH SIMPSON CBE (1907–1985) MD (Lond), FRCP,
FRCPath, MD (Gent), MA (Oxon), LLD (Edin), DMJ. Keith Simpson was the first
Professor of Forensic Medicine at the University of London and undoubtedly
one of the most eminent forensic pathologists of the twentieth century. He spent
all his professional life at Guy’s Hospital, and he became a household name
through his involvement in many notorious murder trials in Britain and over-
seas. He was made a Commander of the British Empire in 1975. He was a superb
teacher, through both the spoken and the printed word. The first edition of this
book appeared in 1947 and in 1958 won the Swiney Prize of the Royal Society of
Arts for being the best work on medical jurisprudence to appear in the preceding
ten years.
Professor Simpson updated this book for seven further editions. Professor
Bernard Knight worked with him on the ninth edition and, after Professor
Simpson’s death in 1985, updated the text for the tenth and eleventh editions.
Richard Shepherd updated Simpson’s Forensic Medicine for its twelfth edition
in 2003. Jason Payne-James and Richard Jones have updated the 13th and this
edition.
SIMPSON’S FORENSIC
MEDICINE
14th Edition

Edited by
Professor Jason Payne-James, LLM, MSc, FFFLM, FRCS,
FRCP, FCSFS, RCPathME, FFCFM(RCPA), DFM, LBIPP, Mediator
Specialist in Forensic & Legal Medicine & Consultant Forensic Physician
Honorary Clinical Professor, William Harvey Research Institute
Queen Mary University of London
Consultant Editor-in-Chief, Journal of Forensic & Legal Medicine
Lead Medical Examiner, Norfolk & Norwich University
Hospital NHS Foundation Trust, Norwich
Director, Forensic Health Services Ltd, Southminster, United Kingdom

Richard Jones, BSc(Hons), MBBS, PgCUTL, FRCPath, FHEA,


MCIEH, MFFLM, MRSPH
Clinical Senior Lecturer in Forensic Pathology
Wales Institute of Forensic Medicine
Cardiff University School of Medicine
College of Biomedical and Life Sciences, Cardiff
Home Office-Registered Forensic Pathologist,
Honorary Consultant Forensic Pathologist
Cardiff and Vale University Health Board, Cardiff, United Kingdom
iv 

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Library of Congress Cataloging-in-Publication Data

Names: Payne-James, Jason (Forensic physician), editor. | Jones, Richard (Forensic pathologist), editor.
Title: Simpson’s forensic medicine / edited by Professor Jason Payne-James and Dr. Richard Jones.
Other titles: Forensic medicine
Description: 14e. | Boca Raton : CRC Press, 2019. | Preceded by Simpson’s forensic medicine / Jason Payne-James
… [et al.]. 13th ed. c2011. |
Includes bibliographical references and index.
Identifiers: LCCN 2019014218| ISBN 9781498704298 (pbk. : alk. paper) | ISBN 9780367333195 (hardback : alk.
paper) | ISBN 9781315157054 (ebook)
Subjects: | MESH: Forensic Medicine
Classification: LCC RA1051 | NLM W 700 | DDC 614/.1--dc23
LC record available at https://lccn.loc.gov/2019014218

Visit the Taylor & Francis Web site at


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and the CRC Press Web site at
http://www.crcpress.com
Contents
About the authors vii 14 Identification of the living and the dead 198
Contributors viii
15 Restraint and control techniques 208
Preface ix
Acknowledgements x 16 Police custodial healthcare 217

17 Sexual assault, genitoanal injury and


1 Principles of forensic practice 1 female genital mutilation 229

2 The ethics of medical practice 13 18 Safeguarding and protection


of children and vulnerable adults 244
3 Medicolegal aspects of death 30
19 Transportation medicine 257
4 Violence in society, medicolegal ­
investigation of death and the autopsy 40 20 Torture and cruel, inhuman and degrading
t­ reatment 271
5 The appearance of the body after death 55
21 Principles of forensic science and crime
6 Death from natural causes 69 scene investigation 276
7 Deaths and injury in infancy 83 22 Principles of toxicology 295
8 Assessment, classification and 23 Alcohol 302
d
­ ocumentation of injury 105
24 Licit and illicit drugs 307
9 Ballistic injuries 133
25 Medicinal poisons 321
10 Regional injuries and patterns of injury 149
26 Miscellaneous poisons 325
11 Pressure to the neck and asphyxia deaths 162

12 Heat, cold and ­electrical trauma 177 Index333

13 Immersion and drowning 191

v
About the authors
Jason Payne-James and co-edited a large number of internationally
is an independent recognised publications including the first and
Specialist in Forensic second editions of the Encyclopaedia of Forensic
and Legal Medicine and Legal Medicine; Forensic Medicine: Clinical
with a range of and Pathological Aspects; Symptoms and Signs of
research and clini- Substance Misuse (1st, 2nd and 3rd editions); he co-
cal interests. From authored the Oxford Handbook of Forensic Medicine
a clinical perspec- and co-edited Age Estimation in the Living and Current
tive, Jason has been Practice in Forensic Medicine (1st and Volumes);
a forensic physician and Monitoring Detention, Custody, Torture and
for almost three Ill-treatment. He designed the ForensiGraph  and the
decades. Previously, ForensiDoc  App.
he worked in hospital
medicine, predomi-
nantly in surgical, Richard Jones is a
trauma and gastroenterological specialties. He taught forensic pathologist
anatomy at the London Hospital Medical College. His w ith a particular
interests include injury, wound and scar documenta- interest in education,
tion and interpretation, imaging of injury and scars, and is a Fellow of the
clinical and ethical aspects of healthcare in custody, Higher Educat ion
complaints against healthcare professionals, forensic Academy. He is com-
evidence collection, restraint and less-lethal systems, mitted to providing
miscarriages of justice, harm and death in custody and educational materi-
torture. als in forensic sci-
He has published on a wide range of subjects includ- ence, medicine and
ing healthcare in custody, torture, death in custody, pathology to a broad
use-of-force, TASER photo-documentation and irri- aud ience on l i ne,
tant spray. He acts an expert witness in these areas in including via a web-
the UK and overseas. Jason was President of the Faculty site ‘Forensic Medicine for Medical Students’ www.
of Forensic & Legal Medicine of the Royal College of forensicmed.co.uk. In addition to co-authoring the
Physicians (2015–2017); Present of the World Police 13th Edition of Simpson’s Forensic Medicine he has
Medical Officers (2011–2014); he is Honorary Clinical published peer-reviewed articles in the forensic med-
Professor at the William Harvey Research Institute, ical literature, including on the development of teach-
Queen Mary University of London; external Consultant ing for medical students on safeguarding vulnerable
to the UK National Crime Agency and National Injuries patients at risk of abuse or neglect, and complexity in
Database; Consultant Editor-in-Chief of the ‘Journal of forensic pathology. As a UK Home Office-accredited
Forensic & Legal Medicine’; Member of the Executive forensic pathologist, he attends scenes of suspicious
Committee of the European Council of Legal Medicine; deaths, and performs medico-legal autopsies for
Visiting Professor at the University of Belgrade, Serbia. police authorities and ­c oroners. He is a member of the
He is an independent member of the Scientific Advisory Training and Education Subcommittee of the Faculty
Committee on the Medical Implications of Less-Lethal of Forensic & Legal Medicine of the Royal College
Weapons. He is a member of the International Forensic of Physicians, and was a UK Consulting Editor/
Expert Group of the International Rehabilitation Editorial Board Member of Medicine, Science and the
Council for Torture Victims. Law (2011–2017). He was a Specialist Reviewer for the
In addition to this, and the 13th Edition of Welsh Child Protection Systematic Review Group
Simpson’s Forensic Medicine, Jason has co-authored (2006–2013).

vii
Contributors

Soren Blau PhD Andrew Parry BSc (Hons)


Senior Forensic Anthropologist Senior Reporting Forensic Scientist
Victorian Institute of Forensic Medicine Cellmark Forensic Services
Melbourne, Australia Abingdon, UK

Romina Carabott Sabine Maguire


Forensic Odontologist Honorary Lecturer
Formerly of Expert Forensics Ltd Division of Population Medicine
Cardiff Medicentre School of Medicine
Heath Park Cardiff University
Cardiff, UK Cardiff, UK

Sam Evans Denise Syndercombe-Court


Chief Photographer Professor of Forensic Genetics
School of Dentistry Department of Analytical, Environmental and
College of Biomedical & Life Sciences Forensic Sciences
Cardiff University King’s College London
Heath Park Franklin-Wilkins Building
Cardiff, UK London, UK

Tina Lovelock CChem FRSC MCSFS


Interpretation Lead, Chemistry Lead
& Senior Reporting Forensic Scientist
Cellmark Forensic Services
Abingdon, UK

viii
Preface
The broad range of subjects embraced by the terms This, the 14th edition of Simpson’s Forensic Medicine,
‘forensic medicine’ since the first edition of Keith has been revised to assist all those groups; not merely
Simpson’s eponymous Forensic Medicine was published doctors and other healthcare professionals. We hope
in 1947 has expanded considerably. Most forensic prac- it provides a solid introduction and background to the
titioners from any background will, at some stage, be principles of practice for those embarking on careers in
asked ‘have you cut up any dead bodies recently?’ as forensic settings, for those in practice and for those who
there remains a belief that this is the main function of may not be from a forensic background but whose daily
those working in forensic medicine. In practice, how- workload brings them into contact with situations that
ever, the pathological side of forensic medicine is small require an awareness of such matters. This probably
compared to the number and workload of those work- applies to most healthcare professionals.
ing in the clinical (living) aspects of forensic medicine. Within this edition, each chapter provides recom-
The fields of safeguarding, insurance medicine, and mendations to access more detailed information about
refugee medicine, for example, could be considered a subject, whether online, as peer-reviewed journal
to be aspects of ‘forensic medicine’. There is a general articles, or substantive publications. We hope this
move to capture this trend by referring to either ‘foren- edition of Simpson’s will encourage readers to further
sic & legal medicine’ or ‘legal & forensic medicine’. The explore the world of forensic medicine and its many fac-
terms are interchangeable but reflect the general view ets. We all work within multiprofessional settings, and
that this is a defined and extensive area of medicine in forensic terms, each of us provides a small piece of
that warrants its own specialty status, on a par with all the jigsaw in the investigation and resolution of a case.
other mainstream specialties. Whatever the specialty It is, therefore, essential to have a good awareness of
is called, doctors and other healthcare professionals the roles and limitations of our knowledge base, and
working in these areas need to have a basic knowledge when and where we should defer to other colleagues.
and understanding of medical ethical principles, of rel- Although the perspective provided in this book is gen-
evant law and the many aspects of forensic science. This erally from the point of view of a doctor, we hope we
we hope to provide. have identified common issues for all practitioners. We
Earlier editions of Simpson’s have been directed know our readership originates from a variety of differ-
predominantly at a medical readership. This has now ent countries and contrasting legal systems. Examples
changed as forensic disciplines have expanded and that we provide of relevant regulations, law, codes and
the role of forensic medicine and sciences has grown. practice will, of necessity, predominantly be derived
Much of this growth is related to a greater public aware- from the England & Wales jurisdictions. However, every
ness of the essential roles that these disciplines play in reader must make themselves familiar with those that
a fair justice system. Although forensic medicine has apply within their own professional setting, their own
a long history of involvement with the criminal justice country and their own jurisdiction. We also strongly
systems, this role has also been extended into many advise, in an age when many guidance documents are
parts of the civil justice system including family law. kept online as evolving and developing resources, to
This has been accompanied by a dramatic growth in check always that you are using the most up-to-date
undergraduate and postgraduate courses with a foren- version.
sic element. It is crucial that students and practitioners Any mistakes or misinterpretations are those of the
in such settings are able to understand how their area authors who will happily receive comment and criti-
of work or study interrelates and interacts with others cism on any aspect of the content. We hope that readers
in different settings. Whether one is a budding foren- will find that this new edition of Keith Simpson’s classic
sic practitioner, law enforcement officer, healthcare text addresses your needs.
professional, lawyer, or someone who, by the nature Jason Payne-James
of their work, will at some stage (like it or not) become Richard Jones
involved in forensic matters, there is an increasing need September 2019
to be aware of, and understand, the basics of forensic
medicine and how it relates to the other specialties.

ix
Acknowledgements
Jason Payne-James thanks his colleagues from law, Richard Jones also thanks his colleagues from those
police, medicine and science for collaborating on the many organisations with which he works, and espe-
great variety of cases on which he has worked. He cially for their continued support and mentoring, often
would also like to thank his long-suffering family for in very difficult circumstances. He also thanks his
their continued support and encouragement both day enthusiastic students who, over the years, have inspired
and night. The Taylor & Francis team led by Miranda him to reflect on the knowledge base underpinning
Bromage must be thanked for their professionalism and forensic medicine and pathology.
forbearance as this edition developed, and our thanks
must also go to Nora Naughton for all her hard work.

x
1 Principles of forensic practice

▪▪ Introduction ▪▪ Healthcare professionals as witnesses in court


▪▪ Legal systems ▪▪ Bibliography and information sources
▪▪ Doctors and other healthcare professionals and the law ▪▪ Further general resources
▪▪ Evidence for courts

Introduction guilty acquitted. It is crucial that medical and scientific


professionals understand that the evidence they provide
Different countries have different legal systems, which in any case, is only one part of the overall body of evi-
broadly divide into two areas of law – ­c riminal and dence and that, in contrast to how broadcast media rep-
civil. The various systems have generally evolved over resent us, the solving of crimes is generally the result of
many years or centuries and are influenced by a wide meticulous painstaking and often tedious effort as part
variety of factors including culture, religion and poli- of a multiprofessional team. The final arbiter of how that
tics. By and large, the rule of law has been established evidence is interpreted in the context of the case is the
over many hundreds of years and is generally accepted role of the judge (and in relevant jurisdictions, the jury).
because it is for the mutual benefit of the population – The great diversity of the legal systems around the
it is the framework that prevents anarchy. Although world poses a number of problems for authors when pro-
there are some common rules (e.g., concerning mur- viding details or examples of the law in a book such as
der) that are to be found in every country, there are also this. Laws on the same aspect often differ widely from
considerable variations from country to country in country to country, and some medical procedures (e.g.,
many of the other codes or rules. The laws of a country abortion) that are routine practice (subject to appropri-
are usually established by an elected political institu- ate legal controls) in some countries are considered to be
tion, the population accepts those laws and they are a crime in others. Within the United Kingdom, England
enforced by the imposition of penalties (such as fines, & Wales has its own legal system, and Scotland and
prison sentences, or community service) on those who Northern Ireland have their own legal traditions which,
are found guilty of breaking them. although distinct from that of England & Wales, share
Those working within the medical, healthcare and many values. There are also smaller jurisdictions with
scientific professions are bound by the same general their own individual variations in the Isle of Man and
laws as the population as a whole, but they may also the Channel Islands. Overarching this is European leg-
be bound by additional laws, rules, standards or regu- islation and with it the possibility of final appeals to the
lations specific to their area of practice. Standards of European Court, although the nature of this may change
practice may be described to which all should aspire, dependent on the outcome of negotiations of the United
although deviation from best practice may be allowable Kingdom in leaving Europe. That body of law will how-
depending on the nature of the standard. Each profes- ever, still remain. Other bodies (e.g., the International
sion may, in addition to standard-setting bodies, also Criminal Court) may also influence regional issues and
have its own regulatory body, which may also have the particular types of cases, such as war crimes.
ability to sanction inappropriate professional behav- Where relevant, this book will utilise the England &
iour, irrespective of whether laws have been broken. Wales legal system for most examples, making refer-
The training, qualification and registration of doctors, ence to other legal systems if necessary. However, it is
scientists and related professions is of great relevance down to the individual professional who is working in,
at the current time, in light of the recognised need to or exposed to, forensic matters to be aware of those cur-
ensure that evidence, both medical and scientific, that rent laws, statutes, codes and regulations that not only
is placed before the court, is established and recog- apply generally but also specifically to their own area of
nised. In the United Kingdom, the independent Forensic practice and in their own jurisdiction.
Science Regulator is tasked with establishing and
enforcing quality standards for forensic science used in
the investigation and prosecution of crime. Fraudulent Legal systems
professional and ‘hired guns’ risk undermining their Laws are rules that govern orderly behaviour in a col-
own professions, in addition to causing miscarriages lective society and the system referred to as ‘the Law’
of justice where the innocent may be convicted and the is an expression of the formal institutionalisation of the
2 Principles of forensic practice

promulgation, adjudication and enforcement of rules. knowledge requiring expertise within a legal setting
There are many national variations but the basic pat- (forensic medicine and forensic science) is most com-
tern is often similar. The exact structure is frequently monly required. Criminal trials involve offences that
developed from, and thus determined by, the political are ‘against the public interest’; these include offences
system, culture and religious attitudes of the country in against the person (e.g., murder, assault, grievous bodily
question. In England & Wales, the principal sources of harm, rape), property (e.g., burglary, theft, robbery), and
these laws are Parliament and the decisions of judges in public safety and security of the state (terrorism). In
courts of law. Criminal courts generally deal predomi- these matters, the state acts as the voice or the agent of
nantly with disputes between the State and individual, the people. In continental Europe, a form of law derived
and the civil courts with disputes between individuals. from the Napoleonic era applies. Napoleonic law is an
Most jurisdictions will have a range of other legal bod- ‘inquisitorial’ system and both the prosecution and the
ies that are part of these systems or part of the overall defence have to make their cases to the court, which
justice system (e.g., employment tribunals, asylum tri- then chooses which is the more credible. Evidence is
bunals, mental health review tribunals and other spe- often taken in written form as depositions, sometimes
cialist dispute panels) and such bodies may deal with referred to as ‘documentary evidence’. The Anglo-
conflicts that arise between citizens and administrative Saxon model applies in England & Wales and in many
bodies, or make judgements in other disputes. All such of the countries that it has influenced in the past. This
courts, tribunals or bodies may, at some stage, require system is termed the ‘adversarial’ system. If an act is
input from medical and scientific professionals. considered of sufficient importance or gravity, the state
In England & Wales, decisions made by judges in the ‘prosecutes’ the individual. Prosecutions for crime in
courts have evolved over time and this body of decisions England & Wales are made by the Crown Prosecution
is referred to as ‘common law’ or ‘case law’. The ‘doc- Service (CPS), who assess the evidence provided to them
trine of precedent’ ensures that principles determined by the police. They must consider two main questions:
in one court will normally be binding on judges in infe- (1) Is there enough evidence against the defendant?
rior courts. The Supreme Court of the United Kingdom is When deciding whether there is enough evidence to
the highest court in all matters under English and Welsh charge, Crown Prosecutors must consider whether evi-
law, Northern Irish law and Scottish civil law. It is the dence can be used in court and is reliable and credible.
court of last resort and highest appeal court in the United Crown Prosecutors must be satisfied there is enough
Kingdom; however, the High Court of Justiciary remains evidence to provide a ‘realistic prospect of conviction’
the highest court for criminal cases in Scotland. The against each defendant; and (2) Is it in the public inter-
Constitutional Reform Act 2005 established (amongst est for the CPS to bring the case to court? A prosecution
other functions) a Supreme Court which assumed the will usually take place unless the prosecutor is sure that
judicial functions of the House of Lords, which were pre- the public interest factors tending against prosecution
viously undertaken by the Lords of Appeal in Ordinary outweigh those tending in favour. Thus, even when there
(commonly called Law Lords). The ‘long title’ of the Act is sufficient evidence to justify a prosecution or to offer
further detailed the changes it enacted – ‘An Act to make an out-of-court disposal, prosecutors must go on to con-
provision for modifying the office of Lord Chancellor, sider whether a prosecution is required in the public
and to make provision relating to the functions of interest. The more serious the offence or the offender’s
that office; to establish a Supreme Court of the United record of criminal behaviour, the more likely it is that a
Kingdom, and to abolish the appellate jurisdiction of the prosecution will be required in the public interest.
House of Lords; to make provision about the jurisdic- In a criminal trial, it is for the prosecution to prove
tion of the Judicial Committee of the Privy Council and their case to the jury or the magistrates ‘beyond reason-
the judicial functions of the President of the Council; to able doubt’. This standard of proof was outlined in the
make other provisions about the judiciary, their appoint- case of Woolmington v Director of Public Prosecutions
ment and discipline; and for connected purposes’. Along [1935] AC 462 when Viscount Sankey, the then Lord
with the concept of Parliamentary Sovereignty is that the Chancellor, stated:
judiciary (the judges) are independent of state control,
although the courts will still be bound by statutory law. Throughout the web of the English Criminal Law one
This separation is one that is frequently and increasingly golden thread is always to be seen that it is the duty of
the prosecution to prove the prisoner’s guilt subject to
tested by politicians and the media in particular.
what I have already said as to the defence of insanity
and subject also to any statutory exception. If, at the
Criminal law end of and on the whole of the case, there is a reason-
able doubt, created by the evidence given by either the
Criminal law is that law which addresses the relation- prosecution or the prisoner, as to whether the prisoner
ship between the state and the individual and as such killed the deceased with a malicious intention, the
is probably the area in which medical and scientific prosecution has not made out the case and the prisoner
Legal systems 3

is entitled to an acquittal. No matter what the charge or seriously, the Family Court will deal with cases where
where the trial, the principle that the prosecution must the government (local councils, in practice) intervenes
prove the guilt of the prisoner is part of the common in a family to protect children from harm. That can lead
law of England and no attempt to whittle it down can to the children being taken into care and eventually
be entertained.
adopted or placed with extended family. These cases
Nowadays, the burden of proof is often simplified to are ones where forensic practitioners are most likely to
being ‘sure’. If that level cannot be achieved, then the be involved.
prosecution fails and the individual is acquitted. If the The Family Court also deals with the majority of
level is achieved then the individual is convicted and orders designed to protect people against domestic vio-
a punitive sentence is applied. The defence does not lence. The court may issue a ‘non-molestation order’
have to prove innocence because any individual is pre- instructing an individual not to contact, harass, threaten
sumed innocent until found guilty. Defence lawyers aim or be violent to another person or it can make an ‘occu-
to identify inconsistencies and inaccuracies or weak- pation order’ preventing someone from, for example,
nesses of the prosecution’s case and can also present living in or returning to the family home. More complex
their own evidence. family cases may be dealt with the Family Division of
The penalties that can be imposed in the criminal the High Court which also deals with specific issues
system commonly include financial (fines) and loss of such as forced marriage and female genital mutilation.
liberty (imprisonment) and community-based sen- The standard of proof in the civil setting is lower than
tences. A number of countries still permit corporal that in the criminal setting. In civil proceedings, the stan-
punishment (beatings), mutilation (amputation of parts dard of proof is proof on the balance of probabilities – a
of the body) and capital punishment (execution). The fact will be established if it is more likely than not to have
World Medical Association has published a number of happened.
documents related to the involvement of healthcare pro- In a decision of the Court of Appeal in Re (N) v Mental
fessionals in such occurrences, including the Medical Health Review Tribunal [2006] QB 468 it was stated that
Ethics Manual. there is only one single standard of proof in the civil sys-
In England & Wales, the lowest tier of court (in both tem but that the standard was flexible in its application:
civil and criminal cases) is the Magistrates’ Court. These Although there is a single standard of proof on the bal-
courts tend to deal with less serious crime and are lim- ance of probabilities, it is flexible in its application. In
ited in the punishments they can administer to those particular, the more serious the allegation or the more
found guilty. Lay (non-legal) magistrates (Justices of serious the consequences if the allegation is proved,
the Peace) sit in the majority of these courts advised by the stronger must be the evidence before the court will
a legally qualified justice’s clerk. In some magistrates’ find the allegation proved on the balance of probabili-
ties. Thus, the flexibility of the standard lies not in any
courts a district judge will sit alone. The majority of
adjustment to the degree of probability required for
criminal cases appear in magistrates’ courts. The Crown
an allegation to be proved (such that a more serious
Court sits in a number of centres throughout England allegation has to be proved to a higher degree of prob-
& Wales and is the court that deals with more seri- ability), but in the strength or quality of the evidence
ous offences, and considers appeals from magistrates’ that will in practice be required for an allegation to be
courts. Cases are heard before a judge and a jury of 12 proved on the balance of probabilities.
people. Appeals from the Crown Court are heard in the
Court of Appeal Criminal Division. Special youth courts If the standard of proof is met, the penalty that can be
are utilised for those under 18 years of age (Figure 1.1). imposed by these courts is designed to restore the posi-
tion of the successful claimant to that which they had
before the event, and is generally financial compensa-
Civil law tion (damages). In certain circumstances, there may be
Civil law is concerned with the resolution of disputes a punitive element to the judgement.
between individuals. The aggrieved party undertakes The Magistrates’ Court is used for some cases, but
the legal action. Most remedies are financial. All kinds the majority of civil disputes are dealt with within the
of dispute may be encountered, including those of County Court in the presence of a circuit judge. The
alleged negligence, contractual failure, debt, and libel High Court has unlimited jurisdiction in civil cases
or slander. The civil courts can be viewed as a mecha- and has three divisions:
nism set up by the state that allows for the fair resolu-
tion of disputes in a structured way. In England & Wales, • Chancery – specialising in matters such as com-
the County Court is where trials for most civil cases are pany law;
held. The Family Court (and Family Division of the High • Family – specialising in matrimonial issues and
Court) deal with all kinds of legal disputes to do with child issues and others as described above; and
children and the breakdown of relationships. Most • Queen’s Bench – dealing with general issues.
4 Principles of forensic practice

UK Supreme Court
Appeal only, on points of law. Employment Appeal Tribunal
Justices of the supreme court Appeals from the employment
tribunals.
Employment appeal judges and
members
Court of Appeal
Appeal only, on points of law to either the
criminal or civil divisions.
Lord Chief Justice, heads of division and Employment Tribunal (England &
court of appeal judges Wales; Scotland)
Claims about matters to do with
employment.
Employment judges and members
High Court
Chancery, queen’s bench and family divisions. All three
divisions hear appeals from other courts, as well as Upper Tribunal
‘first instance’ cases. Appeals from the first-tier tribunal.
High court and deputy high court judges Upper tribunal judges

Crown Court
Jury trial for all indictable and some either-way criminal First-tier Tribunal
offences. Appeals against conviction and sentence from Appeals from executive agency
the magistrates’ court. decisions.
Circuit judges, recorders and juries Tribunal judges and members

There are a number of other


Magistrates’ Court tribunals outside of this structure
County Court Family Court
Trial for most criminal offences. (for example, School exclusion
Trial for most civil cases. Trial for most family cases.
Some civil matters. panels) - their supporting
Circuit judges, recorders, High court judges, circuit judges,
Magistrates, district judges legislation explains their individual
district judges, deputy recorders, district judges, deputy
(magistrates’ courts), appeal routes.
district judge district judge and magistrates
deputy DJ (MC)s

Figure 1.1 The structure of the court system in England & Wales.

In both civil and criminal trials, the person against Professional witness
whom the action is being taken is called the defendant;
the accuser in criminal trials is the state and in civil tri- In 1924, Dr Graham Grant, a police surgeon (forensic
als it is the plaintiff. physician) in the East End of London, differentiated pro-
fessional from expert witnesses in his book ‘Practical
Forensic Medicine’ (Figure 1.2a and 1.2b).
Doctors and other healthcare Little has changed. A professional witness is one
­professionals and the law who gives factual evidence. This role is equivalent to a
simple witness of an event, but occurs when the doc-
Doctors and other healthcare professionals may become
tor is providing factual medical evidence. For example,
involved with the law in the same way as any other pri-
an emergency medicine physician may confirm that a
vate individual: they may be charged with a criminal
leg was broken or that a laceration was present and may
offence or they may be sued through the civil court.
report on the presentation and treatment given. A pri-
A doctor may also be witness to a criminal act and may
mary care physician may confirm that an individual
be required to give evidence about it in court.
has been diagnosed as having epilepsy or angina. No
However, these examples will only apply to the
comment or opinion is generally given and any report
minority of professionals reading this book. For the
or statement deals solely with the relevant medical find-
majority, it is the nature of their work which may result
ings on a factual basis.
in that individual providing evidence that may subse-
quently be tested in court. Doctors (or other healthcare
professionals) may have one of two roles in relation to Expert witness
the court, either as a professional witness or as an expert An expert witness is one who expresses an opinion about
witness. The distinction between these roles may be medical or scientific matters in which they may not ini-
blurred. tially have had direct involvement, but by virtue of their
Doctors and other healthcare ­professionals and the law 5

(a) evidence or facts. An expert may form an opinion, for


example, about how the fractured leg or the laceration
was caused, and if there are conflicting accounts may
give opinion on which account is most likely. An expert
will express an opinion about the cause of the epilepsy
or the ability of an individual with angina to drive a pas-
senger service vehicle. Before forming an opinion, an
expert witness will ensure that the relevant facts about
a case are made available to them. Dependent on the
nature of their instructions they may need to examine
the patient, for example if the defence is that the defen-
dant was too physically incapacitated by a medical con-
dition to carry out what was alleged. Most professional
bodies will provide guidelines for their members about
these roles. In the United Kingdom, the General Medical
Council publishes guidance for doctors acting as expert
witnesses (https://www.gmc-uk.org/ethical-guidance/
ethical-guidance-for-doctors/acting-as-a-witness).
There are often situations of overlap between these
professional and expert witness roles. For example,
a forensic physician may have documented a series
of injuries having been asked to assess a victim of
crime by the police and then subsequently be asked
to express an opinion about causation. A forensic
pathologist will produce a report on their post mor-
tem examination (professional aspect) and then form
conclusions and interpretation based upon their find-
ings (expert aspect).
(b)
The role of an expert witness should be to give an
impartial and unbiased assessment or interpretation of
the evidence that they have been asked to consider. The
admissibility of expert evidence is in itself a substantial
area of law. Those practising in the USA will be aware
that within US jurisdictions admissibility is based on two
tests: the Frye test and the Daubert test. The Frye test (also
known as the general acceptance test) was stated (Frye v
United States, 293 F. 1013 (D.C.Cir. 1923)) as:

Just when a scientific principle or discovery crosses


Figure 1.2 (a) Practice Forensic Medicine: A Police-Surgeon’s the line between the experimental and demonstrable
Emergency Guide, 3rd edition. (b) The difference between stages is difficult to define. Somewhere in the twilight
professional and expert evidence: a view from the early zone the evidential force of the principle must be rec-
20th Century. ognized, and while courts will go a long way in admit-
ting expert testimony deduced from a well-recognized
scientific principle or discovery, the thing from which
the deduction is made must be sufficiently established
knowledge are permitted to express their opinion in to have gained general acceptance in the particular
order to assist the court. Their expertise may be estab- field in which it belongs.
lished by virtue of education, training, certification,
skills or experience, and their acceptability is generally Subsequently in 1975, the Federal Rules of Evidence
determined by the judge. The judge may consider the wit- – Rule 702 provided:
ness’s specialised (scientific, technical or other) opinion
If scientific, technical, or other specialized knowledge
about evidence or about facts before the court within the
will assist the trier of fact to understand the evidence
expert’s area of expertise, referred to as an ‘expert opin- or to determine a fact in issue, a witness qualified as an
ion’. Expert witnesses may also deliver ‘expert evidence’ expert by knowledge, skill, experience, or training, or
within the area of their expertise. Their testimony may education may testify thereto in the form of an opinion
be rebutted by testimony from other experts or by other or otherwise.
6 Principles of forensic practice

It appeared that Rule 702 superseded Frye and in • An expert witness should make it clear when a
1993 this was confirmed in Daubert v Merrell Dow particular question or issue falls outside his area
Pharmaceuticals, Inc. 509 US 579 [1993]. This decision of expertise.
held that proof that establishes scientific reliability of • If an expert’s opinion is not properly researched
expert testimony must be produced before it can be because he considers that insufficient data is
admitted. Factors that judges may consider were: available, then this must be stated with an indica-
tion that the opinion is no more than a provisional
• Whether the proposition is testable. one.
• Whether the proposition has been tested. • In cases where an expert witness, who has prepared
• Whether the proposition has been subjected to a report, could not assert that the report contained
peer review and publication. the truth, the whole truth and nothing but the
• Whether the methodology technique has a known truth without some qualification, that qualification
or potential error rate. should be stated in the report.
• Whether there are standards for using the tech- • If, after exchange of reports, an expert witness
nique. changes his views on a material matter having
• Whether the methodology is generally accepted. read the other side’s report or for any other reason,
such change of view should be communicated
The question as to whether these principles applied
(through legal representatives) to the other side
to all experts and not just scientific experts was explored
without delay and when appropriate to the court.
in cases and in 2000 Rule 702 was revised to:
• Where expert evidence refers to photographs,
If scientific, technical, or other specialized knowledge plans, calculations, analyses, measurements,
will assist the trier of fact to understand the evidence survey reports or other similar documents, these
or to determine a fact in issue, a witness qualified as must be provided to the opposite party at the same
an expert by knowledge, skill, experience, or train- time as the exchange of reports.
ing, or education may testify thereto in the form of an
opinion or otherwise, provided that (1) the testimony is Another case further clarified the role of the expert
sufficiently based upon reliable facts or data, (2) the tes- witness (Toulmin HHJ in Anglo Group plc v Winther
timony is the product of reliable principles and meth- Brown & Co. Ltd. [2000])
ods, and (3) the witness has applied the principles and
methods to the facts of the case. • An expert witness should at all stages in the pro-
cedure, on the basis of the evidence as he under-
Committee Notes of the Federal Rules also empha-
stands it, provide independent assistance to the
sise that if a witness is relying primarily on experience
court and the parties by way of objective unbiased
to reach an opinion, then that witness must explain
opinion in relation to matters within his exper-
how that specific experience leads to that particular
tise. This applies as much to the initial meetings
opinion.
of experts as to evidence at trial. An expert witness
In England & Wales, His Honour Judge Cresswell
should never assume the role of an advocate.
reviewed the duties of an expert in National Justice
Compania Naviera SA v Prudential Assurance Co Ltd • The expert’s evidence should normally be con-
[1993 2 Lloyd’s Rep 68] (commonly known as ‘the Ikarian fined to technical matters on which the court
Reefer’ case) and identified the following key duties of will be assisted by receiving an explanation, or to
expert witnesses and their evidence: evidence of common professional practice. The
expert witness should not give evidence or opin-
• Expert evidence presented to the court should be, ions as to what the expert himself would have
and should be seen to be, the independent product done in similar circumstances or otherwise seek
of the expert uninfluenced as to form or content by to usurp the role of the judge.
the exigencies of litigation. • The expert should cooperate with the expert(s) of
• An expert witness should provide independent the other party or parties in attempting to narrow
assistance to the Court by way of objective, unbi- the technical issues in dispute at the earliest pos-
ased opinion in relation to matters within his sible stage of the procedure and to eliminate or
expertise. place in context any peripheral issues. He should
• An expert witness in the High Court should never cooperate with the other expert(s) in attending,
assume the role of an advocate. without prejudice, meetings as necessary and in
• An expert should state facts or assumptions upon seeking to find areas of agreement and to define
which his opinion is based. precisely areas of disagreement to be set out in the
• An expert should not omit to consider material joint statement of experts ordered by the court.
facts which could detract from his concluded • The expert evidence presented to the court should
opinion. be, and should be seen to be, the independent
Evidence for courts 7

product of the expert uninfluenced as to form or Recent cases within the United Kingdom emphasise
content by the exigencies of the litigation. the increasing scrutiny that experts are being subjected
• An expert witness should state the facts or assump- to, which have sometimes resulted in suspension or
tions upon which his opinion is based. He should not criticism. In Pool v GMC [2014] EWHC 3791 a psychia-
omit to consider material facts which could detract trist was found to have failed to restrict his opinion to
from his concluded opinion. areas in which he had expert knowledge and experience
• An expert witness should make it clear when a par- and had neither requisite qualifications or experience
ticular question or issue falls outside his expertise. to act as an expert. In Squier v GMC [2016] EWHC 2739
• Where an expert is of the opinion that his conclu- (Admin) the decision of a professional regulatory panel
sions are based on inadequate factual information was subject to rigorous review by the High Court. The
he should say so explicitly. court overturned the factual findings of the regulatory
• An expert should be ready to reconsider his opin- panel in a ‘shaken baby’ case and also laid down guid-
ion, and if appropriate, to change his mind when ance regarding the use of expert evidence. This guid-
he has received new information or has consid- ance set out the core duties of an expert when citing the
ered the opinion of the other expert. He should do works of others which are:
so at the earliest opportunity.
• The duty to explain that a hypothesis is controver-
These points remain the essence of the duties of an sial.
expert within the English and Welsh jurisdiction. • The duty to provide to the court all material con-
Further guidance is given in Kennedy v Cordia [2016] tradicting a controversial hypothesis.
UKSC 6 para 48 adopting Coopers (S Africa) v Deutsche • The duty to make all material available to other
Gesellschaft [1976] 352 at 371 which states experts in the case when advancing a controver-
sial hypothesis.
…expert’s opinion represents his reasoned conclusion
• The duty to take all reasonable steps to verify
based on certain facts or data, which are either com-
mon cause, or established by his own evidence or that of information provided.
some other competent witness. Except possibly where • The duty not to leave out relevant information.
it is not controverted, an expert’s bald statement of his • The duty to take into account all material facts
opinion is not of any real assistance. Proper evaluation before them.
of the opinion can only be undertaken if the process of • The duty to set out all material and literature relied
reasoning which led to the conclusion, including the upon in forming an opinion.
premises from which the reasoning proceeds, are dis-
closed by the expert. This area of law will continue to evolve.

In other words, the expert cannot just state his opin-


ion, the expert has to justify it. Evidence for courts
When an expert has been identified, it is appropriate Court structure in other jurisdictions will have similar
that the expert is aware of relevant court decisions that complexity to that in England & Wales and, although
relate to the expert’s role within their own jurisdiction. the exact process doctors and other professionals may
All experts should be aware of the preceding cases, and experience when attending court will depend to some
if not, should not be considered eligible to perform the extent upon which court in which jurisdiction they
expert role. attend, there are a number of general rules that can be
Civil court procedure in England & Wales also now made about giving evidence. In recent years, courts
allows that, ‘where two or more parties wish to submit have developed better, but far from ideal, communica-
expert evidence on a particular issue, the court may tion systems, informing witnesses who are required to
direct that the evidence on that issue is to be given by give evidence in court of their role and the procedures in
a single joint expert, and where the parties who wish to place, prior to attendance. In England & Wales all courts
submit the evidence (‘the relevant parties’) cannot agree have witness services that can respond to questions and
who should be the single joint expert, the court may (a) those who have never been to court before can have the
select the expert from a list prepared or identified by the opportunity of being shown the layout and structure of
relevant parties; or (b) direct that the expert be selected a court.
in such other manner as the court may direct’.
The aims of these rules are to enable the court to
identify and deal more speedily and fairly with the Statements and reports
relevant points at issue in a case. Where both parties A statement in a criminal case is a report that has a stan-
in criminal and civil trials appoint experts, courts dard wording so that it can be used as evidence. There is
encourage the experts to meet in advance of court an initial declaration that ensures that the person pre-
hearings in order to define areas of agreement and paring the statement is aware that they must not only
disagreement. tell the truth but must also ensure that there is nothing
8 Principles of forensic practice

within the report that they know to be false. The state- pre-booked holidays or other court commitments), but
ment makes reference to the relevant legislation. The this is not always successful. When notified that a court
effect of this declaration is to render the individual liable case in which you are a witness is going to take place, it is
for criminal prosecution if they have lied. A statement generally possible to agree a specific day on which your
provided when acting as a professional witness will be attendance is required. However, the court does have
based on the contemporaneous notes or records made the power to compel attendance even when you have
at the time of examination), and it is important that the other commitments. In this case, a witness summons
statement accurately reflects what was seen or done at may be issued. This is a court order signed by a judge or
the time. other court official that must be obeyed or the individual
A statement may be agreed by both defence and pros- will be in contempt of court and a fine or imprisonment
ecution, negating the need for court attendance. If, for may result. Most courts and judges are reasonable, but
example, the defence do not accept the findings or facts it requires flexibility and as much notice as possible on
expressed, the doctor will be called to court to give live both sides.
(oral) evidence and be subject to examination, cross- Waiting to give evidence inevitably involves possible
examination and re-examination. delays and frustration, so it is sensible to take work to court
In civil proceedings a different official style may be so that some of the time is not wasted. Examples of reasons
adopted. In these cases, a sworn statement (an affida- for last-minute changes in the need for court attendance
vit) is made before a lawyer who administers an oath or include factors such as a guilty plea being entered on the
other formal declaration at the time of signing. first day of the trial, or acceptance of a lesser charge, or the
In many countries, a statement in official form or a case being dropped because of disclosure failures.
sworn affidavit is commonly acceptable alone and per-
sonal appearances in court are unusual. However, in Evidence in court
the system of law based on Anglo-Saxon principles, per-
When called into court, each witness will undergo
sonal appearances are common in the criminal justice
some process in which they commit to telling the truth.
system and it is the testing by the defence and prosecu-
‘Taking the oath’ or ‘swearing- in’ requires, for those with
tion of the live evidence given in court (together with
religious beliefs, swearing on their respective holy book
written reports/statements made by that witness) that
(e.g., the New Testament, the Old Testament, the Quran)
may be particularly significant.
or a public declaration or affirmation that they will tell
If a case comes to trial, any statement or relevant evi-
the truth. Regardless of how it is done, the effect of the
dence in the prosecution case must be disclosed to all
words is the same: once the oath has been taken, the wit-
interested parties at the court; at present, the same prin-
ness is liable for the penalties of perjury.
ciple of disclosure does not apply to all reports prepared
Whether called as a witness of fact, a professional
for the defence in a criminal trial. Thus, a defence team
witness of fact or an expert witness, the process of giv-
may commission a report that is not helpful to the client’s
ing evidence is the same.
defence. This does not have to be disclosed to the pros-
In a criminal trial, whichever of the defence or pros-
ecution team. Failure to disclose evidence by the police
ecution has called the witness will be the first to examine
or prosecution may fatally undermine the prosecution
them under oath. This is the ‘examination in chief’ and
case, and this subject is one that is of continuing rele-
the witness will be asked to confirm the truth of the facts
vance. The format for reports in civil trials is different. In
in their statement(s). This examination may take the form
England & Wales, the Ministry of Justice publishes and
of one catch-all question as to whether the whole of the
updates a civil, criminal and family procedure rules and
statement is true, or the truth of individual facts may be
practice directions, and these are accessible online. It is
dealt with one at a time. If the witness is not an expert,
important to understand that, although these are pub-
there may be questions to ascertain how the facts were
lished, practice sometimes varies from the published
obtained and the results of any examinations or ancillary
rules and directions and is updated regularly.
tests performed. If the witness is an expert, the question-
ing may be expanded into the opinions that have been
Attending court expressed and other opinions may be sought.
If requested to appear as a witness for the court, it is the When this questioning is completed, the other law-
duty of all to comply. Attendance at court by profession- yers will have the opportunity to question the witness;
als is generally presumed without the need to resort to a this is ‘cross-examination’. This questioning will test
formal summons from the court. Most courts now have the evidence that has been given and will concentrate
some form of witness liaison units that liaise with all on those parts of the evidence that are damaging to the
witnesses in a case, attempting (often unsuccessfully) lawyer’s case. It is likely that both the facts and any opin-
to ensure that the dates of any trial are convenient for all ions given will be tested.
witnesses. Court listing offices try to take into account The final part of giving evidence is the ‘re-examina-
‘dates to avoid’ (e.g., clinics or operating sessions, tion’. The original lawyer has the opportunity to clarify
Healthcare professionals as witnesses in court 9

anything that has been raised in cross-examination but professionalism, but this decision must be a matter of
generally cannot introduce new topics. The rules of evi- personal preference.
dence (what is and isn’t admissible in front of a jury) are Evidence should also be given in a clear voice that is
hugely complex and frequently trials are interrupted to loud enough to reach across the court room. Take time in
discuss these and other legal points. responding and be aware that judges (and lawyers) will
The judge may ask questions at any time if he feels be writing the responses on paper or a laptop. Most wit-
that by doing so it may clarify a point or clear a point of nesses will at some time have been requested to ‘Pause,
contention, or if he thinks counsel are missing a point. please’ to give time for the judge to complete notes.
The judge may allow the jury to ask questions. However, The witness should always answer the question
most judges will try to refrain from asking questions posed, not the one the witness believes should or
until the end of the re-examination. would have liked to have been asked. Questions should
be answered fully and then the witness should stop
and wait for the next question. Do not feel the need to
Healthcare professionals as fill the silence with an explanation or expansion of the
witnesses in court answer. If the lawyers want an explanation or expan-
Any medicolegal report must be prepared and written sion of any answer, they will ask for it. Clear, concise
with care because it will either constitute the medical and complete should be the watchwords when answer-
evidence on that aspect of a case or it will be the basis of ing questions.
any oral evidence that may be given in the future. Any A witness should also expect to have qualifications,
healthcare professional who does not, or cannot, sustain experience and opinions challenged. However, becom-
the facts or opinions made in the original report while ing hostile, angry, flippant or rude as a witness does not
giving live evidence may, unless there are reasons for impress the court or the jury and is easily exploited by
the specific alteration in fact or opinion, find themselves counsel. Part of the role of the lawyers questioning is to
professionally embarrassed. Any medical report or state- try and elicit such responses. The lawyers are in control
ment submitted to courts should always be reviewed by in the courtroom and they will very quickly take advan-
the author prior to signing and submitting it to avoid fac- tage of any witness who shows such emotions. A judge
tual errors (e.g., identifying the wrong site of an injury or will normally intervene if he feels that the questioning
sloppy typographical errors) and it is advisable to have it is unreasonable or unfair.
peer-reviewed by a colleague. However, any comments A witness must be alert to attempts by lawyers to
or conclusions within the report are based upon a set of circumscribe answers unreasonably: ‘yes’ or ‘no’ may
facts that surround that particular case. If other facts or be adequate for simple questions but they are simply
hypotheses are suggested by the lawyers in court dur- not sufficient for most questions and, if told to answer
ing their examination, any witness must be prepared a complex question ‘with a simple “yes” or “no” doctor’,
to reconsider the medical evidence in the light of these he should decline to do so and, if necessary, explain to
new facts or hypotheses and, if necessary, should accept the judge that it is not possible to answer such a complex
that, in view of the different basis, the conclusions may question in that way.
be different. Prior to giving live evidence the doctor must The old adage of ‘dress up, stand up, speak up and
refresh their memory of the case by reviewing the report shut up’ is still entirely applicable and it is unwise to
and materials supplied. If, whilst giving evidence, the ignore such simple, appropriate and easy to follow
doctor does not know the answer to a question posed, or advice.
it is outside their range of experience, they should make Box 1.1 summarises key elements of how to be best
this clear and, if necessary ask the judge for guidance in prepared for court attendance.
the face of particularly persistent counsel.
Anyone appearing before any court in either role Preparation of medicolegal reports
should ensure that their dress and demeanour are com- The diversity of uses of a report is reflected in the indi-
patible with the role of an authoritative professional and viduals or groups that may request one: a report may be
respectful to the court. It is imperative that doctors and requested by the police, prosecutors, Coroners, judges,
others providing professional or expert witness evidence medical administrators, government departments, city
give their evidence in a clear, unbiased and dispassion- authorities or lawyers of all types. The nature and the
ate manner. format of the report may vary in each setting. If unfamil-
The oath or affirmation should be taken in a clear iar with the process always ask for a sample report in the
voice. Most courts are audio-recorded and microphones correct style. Many courts will have standard proforma
are placed for that purpose, not for amplifying speech. or procedural rules that will assist. Before agreeing to
In some courts, witnesses may be invited to sit, whereas write a report, it is essential to be sure that the author
in others they will be required to stand. Many expert (1) has the expertise to write such a report and (2) also
witnesses prefer to stand as they feel that it adds to their has the authority, permissions and consent to write such
10 Principles of forensic practice

and the reasons why commented upon, as should on


Box 1.1 T
 ips on preparing for court whose directions the report was written.
In general, in most countries, it is considered inap-
appearance
propriate for non-judicial state agencies to order a doctor
Before court to provide confidential information against the wishes
• Prepare. of the patient, although where a serious crime has
• Be clear about instructions. been committed the doctor may have a public duty to
• Have all relevant paperwork. assist the law-enforcement system. Complainants of an
• Familiarise yourself with your report/state­ments. assault are normally entirely happy to give permission
• Read through in advance copies of literature for the release of medical facts so that the perpetrator
referred to. can be brought to justice, however some may limit that
At court consent to the matters relevant to the case. However,
• Dress smartly and conservatively. consent cannot be assumed, especially if the alleged
• Arrive early. perpetrator is the husband, wife, partner or other mem-
• Identify yourself to court staff. ber of the family. It is also important to remember that
• Tell the usher whether you wish to affirm or give consent to disclose the details of the injuries sustained
an oath on your respective holy book. in an alleged assault does not imply consent to disclose
• Meet with lawyer/counsel before giving evi- all the medical details of the complainant, and a doc-
dence if possible. tor must limit his report to relevant details only. A court
may, in certain circumstances, order disclosure of med-
Giving live (oral) evidence ical records if it is believed that details contained within
• Turn phones/tablets off. may have relevance to the case in hand.
• Summarise your background/position/role. Mandatory reporting of healthcare and related
• Speak to the jury (or judge) when answering issues may be relevant in some countries; often these
questions. relate to terrorism, child abuse, use of a weapon and
• Watch the speed of notetaking of counsel and other violent crime. Such reporting for suspected cases
judge. of child abuse and neglect to government authorities
• If referred to bundles or exhibits, take your time. is required by parliaments in all Australian states and
• Listen to question, digest and give a considered territories. However, the laws are not the same across
response (to the question). all jurisdictions. The main differences often relate to
• Be prepared to say ‘I don’t know’. who has to report and what types of abuse and neglect
• Be prepared to say ‘that’s not my area of have to be reported. There are also other differences,
expertise’. such as the ‘state of mind’ that activates the report-
ing duty (i.e., having a concern, suspicion or belief on
After court
• Seek feedback. reasonable grounds) and who the report is made to.
One recent example is that in the United Kingdom of
a mandatory reporting duty for female genital mutila-
tion (FGM) requiring regulated health and social care
a report. If consent has not been sought, advice should professionals and teachers in England & Wales to report
be sought from the relevant court or body for permis- known cases of FGM in under 18-year-olds to the police.
sion to proceed. The fact of a request, even from a court, The FGM duty came into force on 31 October 2015 and
does not mean that a doctor can necessarily ignore the the first successful prosecution of a case of FGM was
rules of medical confidentiality; however, a direct order in 2019.
from a court is a different matter and should, if valid,
be obeyed. Any concerns about such matters should be
raised with the appropriate medical defence organisa- Content of a statement or report
tion or standard setting body. The basis of most reports and statements lies in the con-
In general terms, release of medical records requires temporaneous notes made at the time of an examina-
the consent of the patient and, if at all possible, this tion and it is essential to remember that copies of these
should be given in writing to the doctor. There are notes will be required in court if you are called to give
exceptions, particularly where serious crime is involved live evidence. Do not use handwritten statements as
(see also Chapter 2). Different jurisdictions or legal sys- they may be open to misinterpretation.
tems may be subject to different rules that allow reports Most court or tribunal settings have specific proto-
to be written without consent or medical records to be cols for evidence production but in general most will
released without consent. In the absence of consent include the information and details referred to below.
from the patient, this should be explained in the report When instructed to prepare an expert report always
Healthcare professionals as witnesses in court 11

clarify whether or not a specific structure is required box. It is always embarrassing trying (and failing) to
and if so, follow it assiduously. For example, in the interpret your own handwriting in a witness box in front
civil justice ­s ystem in England & Wales the process, of a judge and jury.
and how the evidence is dealt with, is described in Autopsy reports are a specialist type of report and
Part 35 of the Civil Procedure Rules which refers to may be commissioned by the Coroner, the police or any
experts and assessors and their roles. other appropriate person or body. Again, as with expert
A professional witness statement (one that simply reports, there are standardised protocols or proformas
reports facts found at examination) will be headed by (Box 1.2).
specific legal wording. The statement should include the The authority to perform the autopsy will replace the
full name of the practitioner, their age and their profes- consent given by a live patient, and is equally impor-
sional address. The reason for the examination should be tant. The history and background to the death will be
stated, and then the relevant history as recounted (e.g., obtained by the police or the Coroner’s officer, but the
‘he told me he was hit twice on the right forearm with a doctor should seek any additional details that appear
baseball bat’), the medical findings (e.g., two tramline to be relevant, including speaking to any clinicians
bruises, both 6 × 4 cm in size, purple in colour with asso- involved in the care of the deceased and reviewing the
ciated swelling in the middle 1/3 of the ulnar bone with hospital notes. A visit to the scene of death in non-sus-
a possible fracture), and what treatment was given (e.g., picious deaths, especially if there are any unusual or
pain relief and referral for X-ray). The statement sum- unexplained aspects, is advisable.
marises the personal involvement of the practitioner. A An autopsy report is confidential and should only be
professional witness statement simply reports facts. disclosed to the legal authority who commissioned the
Clarity and simplicity of expression make the whole examination. Disclosure to others, who must be inter-
process simpler. Statements can be constructed along ested parties, may only be made with the specific per-
the same lines as the clinical notes; they should be mission of the commissioning authority and, in general
structured, detailed (but not overelaborate – avoid com- terms, it would be sensible to allow that authority to deal
plex medical and scientific terms unless absolutely nec- with any requests for copies of the report.
essary, and where possible explain them) and accurate. Doctors must resist any attempt to change or delete
Do not include every single aspect of a medical history any parts of their report by lawyers who may feel those
unless it is relevant and consent has been given for its parts are detrimental to their case; any requests to
disclosure. A court does not need to know every detail, rewrite and resubmit a report with alterations for these
but it does need to know every relevant detail, and a good reasons should be refused. Persistent and inappropri-
report will give the relevant facts clearly, concisely and ate pressure may require referral to the regulatory body.
completely, and in a way that someone without medical At times, lawyers, but more often police personnel, may
training can understand. sometimes need to be reminded or informed of the
The contemporaneous clinical notes may be required duties of a healthcare professional which is to assist the
to support the statement and it is essential to ensure that court, not the relevant instructing body. Always seek the
all handwriting within such medical notes has been advice of the judge on matters arising that may result in
reviewed (and interpreted) prior to entering the witness potential breaches of these important duties.

Box 1.2 Some Standards Which May Apply to Autopsy Examinations in the UK
• Council of Europe Group of Ministers. • Standards for Coroners’s pathologist in post mor-
Recommendation R (99) 3 of the Group of Ministers tem examinations of deaths that appear not to be
to Member States on Harmonisation of Medico- suspicious. Royal College of Pathologists, 2014.
Legal Autopsy Rules. • Information to be included in the ‘history’ section
• Codes of Practice and Performance Standards of a forensic pathologist’s report. Forensic Science
for Forensic Pathologists in England, Wales and Regulator, 2014.
Northern Ireland. Royal College of Pathologists, • The use of time of death estimates based on heat
2012. loss from the body. Forensic Science Regulator,
• Post mortem cross sectional imaging guid- 2014.
ance from the Royal Colleges of Radiology and • Legal issues in Forensic Pathology and tissue
Pathology, 2012. retention: issue 3 guidance. Forensic Science
• Chief Coroner guidance on post mortem scanning, Regulator 2014.
2013.
12 Principles of forensic practice

Bibliography and information Payne-James JJ, Bloomer JA. Court skills. In: Dalton M (ed). Forensic
Gynaecology. Cambridge: Cambridge University Press; 2015.
sources Payne-James JJ, Newton MA, Bassindale C. Forensic sci-
Anglo Group plc v Winther Brown & Co Ltd and others. [2000] All ence, forensic medicine and sexual crime. In: Radcliffe P,
ER (D) 294. Gudjonsson G, Heaton-Armstrong A (eds). Witness Testimony
Boccaccini MT, Brodsky SL. Believability of expert and lay wit- in Sexual Cases. Oxford: Oxford University Press; 2016.
nesses: implications for trial consultation. Prof Psychol Res Pr Re (N) v Mental Health Review Tribunal [2006] QB468.
2002;33:384–388. Stark MM. Clinical Forensic Medicine: A Physician’s Guide, 3rd edn.
Burton JL, Rutty GN (eds). The Hospital Autopsy: A Manual of New York: Humana Press; 2011.
Fundamental Autopsy Practice, 3rd edn. London: Hodder Toulmin HHJ in Anglo Group plc v Winther Brown & Co. Ltd.
Arnold; 2010. [2000]. http://www.bailii.org/ew/cases/EWHC/TCC ​ /​
Cooper J, Neuhaus IM. The ‘hired gun’ effect: assessing the effect 2000/127.html (Accessed 23 July 2019).
of pay, frequency of testifying and credentials on the percep- Woolmington v Director of Public Prosecutions [1935] AC 462.
tion of expert testimony. Law Hum Behav 2000;24:149–171.
Court of Appeal in Re (N) v Mental Health Review Tribunal [2006]
QB 468.
Further general resources
Cramer RJ, Brodsky SL, DeCoster J. Expert witness confidence and Acting as a witness in legal proceedings. http://www.gmc-uk.
juror personality: their impact on credibility and persuasion org/guidance/ethical_guidance/21193.asp (Accessed 6 April
in the courtroom. J Am Acad Psychiatry Law 2009;37(1):63–74. 2019).
Crown Prosecution Service. Code for Crown Prosecutors. https:// Crown & Procurator Fiscal. Our role in investigating deaths.
www.cps.gov.uk/publication/code-crown-prosecutors http://www.copfs.gov.uk/investigating-deaths/our-role-in-
(Accessed 29 March 2019). investigating-deaths (Accessed 6 April 2019).
Daubert v Merrell Dow Pharmaceuticals, Inc. [1993] 509 US 579. Crown Prosecution Service. Disclosure manual. https://www.cps.
http://www.law.cornell.edu/supct/html/92-102.ZS.​html gov.uk/legal-guidance/disclosure-manual (Accessed 6 April
(Accessed 29 March 2019). 2019).
Federal Rules of Evidence Article I. General provisions, Rule 702. Female Genital Mutilation: A guide for healthcare professionals.
https://www.law.cornell.edu/rules/fre/rule_702 (Accessed 29 https://www.england.nhs.uk/north/wp-content/uploads/
March 2019). sites/5/2016/01/fgm-hp-guide.pdf (Accessed 6 April 2019).
Freckelton I. A guide to the provision of forensic medical evi- Guide to Coroner Services. Ministry of Justice. https://assets.
dence. In: Gall J, Payne-James JJ (eds) Current Practice in publishing.service.gov.uk/government/uploads/system/
Forensic Medicine. London: Wiley; 2011. uploads/attachment_data/file/363879/guide-to-coroner-
Freckelton I, Selby H. Expert Evidence: Law, Practice, Procedure and service.pdf (Accessed 6 April 2019).
Advocacy, 6th edn. Sydney: Lawbook Co; 2016. Mandatory reporting of child abuse and neglect. https://aifs.
Frye v United States, 293 F. 1013 (D.C.Cir. 1923). https://www.law.ufl. gov.au/cfca/publications/mandatory-reporting-child-abuse-
edu/_pdf/faculty/little/topic8.pdf (Accessed 29 March 2019). and-neglect (Accessed 6 April 2019).
House of Commons Debates, Volume 483, 29 January 1951 Mandatory reporting of female genital mutilation: procedural
(quote of Hartley Shawcross). information. https://www.gov.uk/government/publications/
National Justice Compania Naviera SA v Prudential Life Assurance mandatory-reporting-of-female-genital-mutilation-proce-
Co (‘The Ikarian Reefer’) [1993] 2 LILR 68, 81–82. dural-information (Accessed 6 April 2019).
Lynch J. Clinical Responsibility. Oxford: Radcliffe Publishing; 2009. Part 35 of the Civil Procedure Rules. https://www.justice.gov.uk/
Ministry of Justice (England and Wales). Civil procedure rules. courts/procedure-rules/civil/rules/part35 (Accessed 6 April
ht tp: //w w w.justice.gov.uk /cour ts/procedure -rules/ 2019).
civil (Accessed 29 March 2019). The Forensic Science Regulator. https://www.gov.uk/govern-
Ministry of Justice (England and Wales). Criminal procedure ment/organisations/forensic-science-regulator (Accessed 6
rules. http://www.justice.gov.uk/courts/procedure-rules/ April 2019).
criminal (Accessed 29 March 2019). The judicial system of England & Wales: a visitor’s guide.
Ministry of Justice (England and Wales). Family procedure rules. h t t p s : // w w w. j u d i c i a r y. u k / w p - c o n t e n t /u p l o a d s /
ht tp: //w w w.justice.gov.uk /cour ts/procedure -rules/ 2016/05/international-visitors-guide-10a.pdf (Accessed 6
family (Accessed 5 April 2019). April 2019).
Ministry of Justice. Practice Direction 32: evidence https://www.
justice.gov.uk/courts/procedure-rules/civil/rules/part32/
pd_part32#evidence (Accessed 6 April 2019).
2 The ethics of medical
practice
▪▪ Introduction ▪▪ Confidentiality
▪▪ Basis of medical ethics ▪▪ Consent
▪▪ International codes of medical ethics ▪▪ Regulation of doctors and other professionals
▪▪ Duties of doctors and other healthcare professionals: ▪▪ Bibliography and information resources
UK perspective ▪▪ Further general resources
▪▪ Medical ethics in practice

Introduction want to learn it, without fee or indenture. To impart


precept, oral instruction and all other instruction to my
Medical and healthcare practice has many forms and own sons, the sons of my teacher and to those who have
can embrace many backgrounds and disciplines. taken the disciple’s oath, but to no-one else. I will use
Examples include the predominantly science-based treatment to help the sick according to my ability and
Western medicine, traditional Chinese medicine, judgement, but never with a view to injury or wrong-
Ayurvedic medicine in India, and the many local sys- doing. Neither will I administer a poison to anybody
when asked to do so nor will I suggest such a course.
tems from Africa and Asia. In some cases, two forms
Similarly, I will not give a woman a pessary to produce
may work together such as Chinese and Western medi- abortion. But I will keep pure and holy both my life
cine in parts of China. Other alternative and comple- and my art. I will not use the knife, not even sufferers
mentary forms of medicine may be applied with varying with the stone, but leave this to be done by men who
degrees of evidence and science on which they are are practitioners of this work. Into whatsoever houses I
based. Alternative forms of medicine may have their enter, I will go into them for the benefit of the sick and
own traditions, conventions and codes of conduct. This will abstain from every voluntary act of mischief or cor-
chapter focuses on the relatively easily defined science- ruption: and further, from the seduction of females or
based Western medicine. It is important to recognise males, of freeman or slaves. And whatever I shall see
that although often described as modern, the origins of or hear in the course of my profession or not in connec-
tion with it, which ought not to be spoken of abroad, I
science-based medicine as ‘Western medicine’ can be
will not divulge, reckoning that all such should be kept
traced through ancient Greece to a synthesis of Asian, secret. While I carry out this oath, and not break it, may
North African and European medicine. it be granted to me to enjoy life and the practice of the
art, respected by all men: but if I should transgress it,
Basis of medical ethics may the reverse be my lot.
The Greek tradition of medical practice was epitomised It is commonly believed that all doctors (in the
by the Hippocratic School on the island of Kos around United Kingdom defined as a medical practitioner reg-
400 BC and there the foundations of both modern medi- istered by the General Medical Council) have taken the
cine and the ethical facets of the practice of that medi- Hippocratic Oath. This is in fact not the case, although
cine were laid. What is now known as the Hippocratic some do, depending on where they trained, but the key
Oath was developed at and for those times, yet it remains principles espoused within the Oath lay the foundation
the basis of ethical medical behaviour today, even for what is broadly called ‘medical ethics’. The principles
though some of the detail is now obsolete. Its endur- of medical ethics have developed over several thousand
ing nature is a testament to its simple common sense years and continue to evolve and change, influenced by
and universal acceptance. The following is a g­ enerally society, the legal profession and the medical profession
accepted translation: itself. Most days in the media there will be a headline
news story with its basis in the interpretation of aspects
I swear by Apollo the physician and Aesculapius and of medical ethics, such as euthanasia, the death pen-
Health and All-heal and all the gods and goddesses,
alty, torture and abortion. The laws governing the prac-
that according to my ability and judgement, I will keep
this Oath and this ­stipulation – to hold him who taught
tice of medicine vary from country to country, but the
me this art, equally dear to me as my own parents, to broad principles of medical ethics are universal and are
make him partner in my livelihood: when he is in need formulated not only by national medical associations,
of money, to share mine with him; to consider his fam- but by international organisations such as the World
ily as my own brothers and to teach them this art, if they Medical Association (WMA).
14 The ethics of medical practice

International codes of medical bodies representing medical practitioners


around the world. Table 2.1 identifies some key WMA
medical ethics Declarations in recent years, and shows the breadth of
Since its foundation in 1947, a central objective of the subject matter that requires consideration. Often these
World Medical Association (WMA) was to establish amend or revise previous declarations (the Declaration
and promote the highest possible standards of ethical of Geneva of 1948 being most recently amended in
behaviour and care by physicians. To try and achieve 2006).
this the WMA adopted global policy statements on
a range of ethical issues related to medical profes-
sionalism, patient care, research on human subjects Duties of doctors and other
and public health. The WMA Council and its standing healthcare professionals:
committees regularly review and update existing poli-
cies and continually develop new policy on emerging UK perspective
ethical issues. The WMA serves as a resource of ethics Increasingly, regulatory bodies are defining how pro-
information by cooperating with academic institu- fessionals should work in relatively unambiguous
tions, global organisations, and individual experts in terms. The General Medical Council (GMC) in the
the field of medical ethics. As a result of the horrific UK issues publications on how a registered medical
violations of medical ethics during the Second World practitioner (a doctor) should undertake good medi-
War (1939–1945), the international medical community cal practice. Good Medical Practice advises doctors on
restated the Hippocratic Oath in a modern form in the their duties. Key points from that document are pro-
Declaration of Geneva in 1948 most recently amended vided in Box 2.2.
and revised in 2006 to state: The GMC publishes advice and guidance for
At the time of being admitted as a member of the doctors in the UK in a number of specific areas,
medical profession: for example, concerning the use of chaperones
when undertaking intimate examinations. Box 2.3
• I solemnly pledge to consecrate my life to the service shows the advice given by the GMC on this sub-
of humanity. ject in November 2013. This was updated in 2014 to
• I will give to my teachers the respect and gratitude include a paragraph on doctors’ knowledge of the
that is their due. English language.
• I will practise my profession with conscience and It is the responsibility of the medical practitioner
dignity. to ensure for each patient seen, in whatever clinical
• The health of my patient will be my first consider- setting (including places of detention such as police
ation. and prison custody, and mental health facilities) that
• I will respect the secrets that are confided in me, they are following such guidance. Visual assessment or
even after the patient has died. physical examination that involves touching, by hand,
• I will maintain by all the means in my power, the of an intimate area will constitute an intimate exami-
honour and the noble traditions of the medical pro- nation. An intimate examination is likely to include
fession. examinations of breasts, genitalia and rectum, but
• My colleagues will be my sisters and brothers. could also include any examination where it is neces-
• I will not permit considerations of age, disease or sary to touch or even be close to the patient. For such
disability, creed, ethnic origin, gender, nationality, an examination, it is appropriate for the relevant prin-
political affiliation, race, sexual orientation, social ciples described in Box 2.3 to be put into practice. It
standing or any other factor to intervene between is essential to record all such information within con-
my duty and my patient. temporaneous medical records, including any reason
• I will maintain the utmost respect for human life. why a patient declines to have a chaperone present. A
• I will not use my medical knowledge to violate medical practitioner should always be mindful of how
human rights and civil liberties, even under threat. any actions might be perceived at a later date by any-
• I make these promises solemnly, freely and upon my one reviewing their conduct, and to ensure they can
honour. justify whatever action they took.
Other healthcare professionals have expanded roles
The WMA has also amended the ‘Duties of a Physician in healthcare. For example, in the UK, nurses and para-
in General’ on a number of occasions, most recently in medics may assess detainees in police custody. Sexual
2006. Box 2.1 shows the WMA duties of physicians, in Assault Nurse Examiners are increasingly in prac-
general, to patients and to colleagues. tice around the world. All have their own professional
The principles espoused by these duties and the standards and accountability, and the duties that they
pledges are embraced in one form or another by most have to their patients may be very explicit (similar to
Duties of doctors and other healthcare professionals: UK perspective 15

Box 2.1 Duties of a physician as defined by the World Medical Association


A. Duties of a physician in general • Owe his/her patients complete loyalty and all the
A physician shall: scientific resources available to him/her: when-
ever an examination or treatment is beyond the
• Always exercise his/her independent professional
­physician’s capacity, he/she should consult with or
judgement and maintain the highest standards of
refer to another physician who has the necessary
professional conduct.
ability.
• Respect a competent patient’s right to accept or
• Respect a patient’s right to confidentiality: it is
refuse treatment.
ethical to disclose confidential information when
• Not allow his/her judgement to be influenced by
the patient consents to it or when there is a real
personal profit or unfair discrimination.
and imminent threat of harm to the patient or to
• Be dedicated to providing competent medical ser-
others and this threat can be only removed by a
vice in full professional and moral independence,
breach of confidentiality.
with compassion and respect for human dignity. • Give emergency care as a humanitarian duty
• Deal honestly with patients and colleagues, and
unless he/she is assured that others are willing and
report to the appropriate authorities those physi-
able to give such care.
cians who practise unethically or incompetently or • In situations when he/she is acting for a third
who engage in fraud or deception.
party, ensure that the patient has full knowledge
• Not receive any financial benefits or other incen-
of that situation.
tives solely for referring patients or prescribing • Not enter into a sexual relationship with his/
specific products.
her current patient or into any other abusive or
• Respect the rights and preferences of patients, col-
exploitative relationship.
leagues, and other health professionals.
• Recognise his/her important role in educating the
C. Duties of physicians to colleagues
public but use due caution in divulging discoveries
A physician shall:
or new techniques or treatment through non-pro-
fessional channels. • Behave towards colleagues as he/she would have
• Certify only that which he/she has personally them behave towards him/her.
verified. • Not undermine the patient–physician relationship
• Strive to use healthcare resources in the best way to of colleagues in order to attract patients.
benefit patients and their community. • When medically necessary, communicate with
• Seek appropriate care and attention if he/she suf- colleagues who are involved in the care of the
fers from mental or physical illness. same patient. This communication should respect
• Respect the local and national codes of ethics. patient confidentiality and be confined to neces-
sary information.
B. Duties of physicians to patients
A physician shall:
• Always bear in mind the obligation to respect
Source: From WMA International Code of Medical Ethics. Latest
human life.
amendment: WMA General Assembly, Pilanesberg,
• Act in the patient’s best interest when providing
South Africa, October 2006. Copyright World Medical
medical care. Association. All rights reserved.

GMC guidelines) or more generalised. The Nursing and Failure to comply with the Code may bring their fit-
Midwifery Council (NMC) in the UK, which is the pro- ness to practise into question. Box 2.4 gives a summary
fessional body for nurses, has its own Code. The Code of the main components of the NMC Code of perfor-
presents the professional standards that nurses and mance standards and behaviours expected of registered
midwives must uphold in order to be registered to prac- nurses and midwives.
tise in the UK. It is structured around four themes: The Health & Care Professions Council (HCPC) is
a body created by statute in England & Wales, which
1. Prioritise people regulates healthcare professionals (e.g., arts therapists,
2. Practise effectively biomedical scientists, chiropodists/podiatrists, clinical
3. Preserve safety scientists, dietitians, hearing aid dispensers, occupa-
4. Promote professionalism and trust tional therapists, operating department practitioners,
16 The ethics of medical practice

Table 2.1 Example Declarations of the World Medical Association (many have been revised and amended
in subsequent years)
1948 The Declaration of Geneva Humanitarian goals of medicine
1964 The Declaration of Helsinki Human experimentation and clinical trials
1970 The Declaration of Oslo Therapeutic abortion
1973 The Declaration of Munich Racial, political discrimination in medicine
1975 The Declaration of Tokyo Torture and other cruel and degrading treatment
or punishment
1981 The Declaration of Lisbon Rights of the patient
1983 The Declaration of Venice Terminal illness
1983 The Declaration of Oslo Therapeutic abortion
1984 The Declaration of Sao Paolo Pollution
1987 The Declaration of Madrid Professional autonomy and self-regulation
2006 The Declaration of Ottawa Child health
2009 The Declaration of Delhi Health and climate change
2016 The Declaration of Taipei (adopted by the 3rd WMA Research on Health Databases, Big Data and
General Assembly, Washington, DC, USA, October Biobanks
2002 and revised by the 67th WMA General Assembly,
Taipei, Taiwan, October 2016)

orthoptists, paramedics, physiotherapists, practitio- participants and to facilitate and promote ethical
ner psychologists, prosthetists/orthotists, radiogra- research that is of potential benefit to participants, sci-
phers, and speech and language therapists). The HCPC ence and society.
was set up to protect the public and keeps a register of
The NHS Health Research Authority provides gover-
health professionals who meet its standards for train-
nance arrangements for research ethics committees,
ing, professional skills, behaviours and health. All of
most recently updated in 2018.
these professions have at least one professional title
Medical ethics as a subject is incorporated into
that is protected by law, including those shown above.
medical school curricula as the need for knowledge
This means, for example, that anyone using the titles
of such matters becomes increasingly important with
‘physiotherapist’ or ‘dietitian’ must be registered with
high-technology medicine creating clinical scenarios
the HCPC.
that may need to be assessed and interpreted by the
It is a criminal offence for someone to claim that they
courts. However medical ethics, like forensic medicine,
are registered with the HCPC when they are not, or to
although essential to safe and proper practice, is allot-
use a protected title they are not entitled to use.
ted too little time in most medical schools and other
healthcare professions training.
Medical ethics in practice Examples of the type of subject that may be embraced
The formal role of ethics in contemporary health and in discussions on medical ethics might include:
social care has become much more clearly defined. One
• Patient autonomy and their right to refuse or
example of its practical application in the UK is the NHS
choose treatment.
Health Research Authority who has its own Research
• Non-maleficence – do no harm.
Ethics Service whose role is
• Beneficence – acting in the patient’s best interests.
• Dignity.
to enable and support ethical research in the NHS. It
protects the rights, safety, dignity and wellbeing of • Honesty – providing informed consent.
research participants and has a duty to provide an effi- • Justice – how healthcare is apportioned when
cient and robust ethics review service that maximises health and financial resources may be limited.
UK competitiveness for health research and maxi-
mises the return from investment in the UK, while It is important for doctors and other healthcare
protecting participants and researchers. It protects professionals to be aware of these issues, even if
the rights, safety, dignity and wellbeing of research they do not provide immediate answers to clinical
Medical ethics in practice 17

Box 2.2 Duties of a doctor


1. Patients need good doctors. Good doctors make for human life and make sure your practice meets the
the care of their patients their first concern: they standards expected of you in four domains.
are competent, keep their knowledge and skills up
A. Knowledge, skills and performance
to date, establish and maintain good relationships
• Make the care of your patient your first concern.
with patients and colleagues, are honest and trust-
• Provide a good standard of practice and care.
worthy, and act with integrity and within the law.
• Keep your professional knowledge and skills up to
2. Good doctors work in partnership with patients
date.
and respect their rights to privacy and dignity.
• Recognise and work within the limits of your
They treat each patient as an individual. They do
competence.
their best to make sure all patients receive good
care and treatment that will support them to live as B. Safety and quality
well as possible, whatever their illness or disability. • Take prompt action if you think that patient safety,
3. Good medical practice describes what is expected dignity or comfort is being compromised.
of all doctors registered with the General Medical • Protect and promote the health of patients and
Council (GMC). It is your responsibility to be famil- the public.
iar with Good Medical Practice and the explana-
tory guidance which supports it, and to follow the C. Communication, partnership and teamwork
• Treat patients as individuals and respect their
guidance they contain.
4. You must use your judgement in applying the dignity.
• Treat patients politely and considerately.
principles to the various situations you will face
• Respect patients’ right to confidentiality.
as a doctor, whether or not you hold a licence to
• Work in partnership with patients.
practise, whatever field of medicine you work in,
• Listen to, and respond to, their concerns and
and whether or not you routinely see patients. You
must be prepared to explain and justify your deci- preferences.
• Give patients the information they want or need in
sions and actions.
5. In Good Medical Practice we use the terms a way they can understand.
• Respect patients’ right to reach decisions with you
‘you must’ and ‘you should’ in the following ways:
• ‘You must’ is used for an overriding duty or about their treatment and care.
• Support patients in caring for themselves to
principle.
• ‘You should’ is used when we are providing an improve and maintain their health.
• Work with colleagues in the ways that best serve
explanation of how you will meet the overrid-
ing duty. patients’ interests.
• ‘You should’ is also used where the duty or prin- D. Maintaining trust
ciple will not apply in all situations or circum- • Be honest and open and act with integrity.
stances, or where there are factors outside your • Never discriminate unfairly against patients or
control that affect whether or how you can fol- colleagues.
low the guidance. • Never abuse your patients’ trust in you or the pub-
6. To maintain your licence to practise, you must lic’s trust in the profession.
demonstrate, through the revalidation process,
that you work in line with the principles and val- You are personally accountable for your profes-
ues set out in this guidance. Serious or persistent sional practice and must always be prepared to justify
failure to follow this guidance will put your regis- your decisions and actions.
tration at risk.
Source: Taken from Good Medical Practice. https://www.gmc-uk.
Patients must be able to trust doctors with their lives org/ethical-guidance/ethical-guidance-for-doctors/
and health. To justify that trust you must show respect good-medical-practice/professionalism-in-action.

dilemmas. Sometimes these factors conflict, for exam- from informed consent to doctor–doctor relationships.
ple, a Jehovah’s witness declining a blood transfusion Often, law develops as a result of public and political
even though the doctor knows that death will ensue. debate on such issues. Breaches of medical ethical val-
There are very few medical or healthcare activities ues (e.g., dishonesty, fraud, sexual assault) may result
that do not have some ethical considerations, varying in disciplinary processes and the sanctions that can
from research on patients to medical confidentiality, be applied by regulatory bodies are wide from giving
18 The ethics of medical practice

Box 2.3 Guidelines for intimate examinations


The GMC regularly receives complaints from patients you should comply with a reasonable request to
who feel that doctors have behaved inappropriately have such a person present as well as a chaperone).
during an intimate examination. Intimate examina- • You should record any discussion about chaper-
tions, that is examinations of the breasts, genitalia or ones and the outcome in the patient’s medical
rectum, can be stressful and embarrassing for patients. record; if a chaperone is present you should record
When conducting intimate examinations you should: their identity, and if the patient did not want a
chaperone, you should record that the offer was
• Explain to the patient why an examination is nec-
made and declined.
essary and give the patient an opportunity to ask • Keep discussion relevant and avoid unnecessary
questions.
personal comments.
• Explain what the examination will involve, in a way
• Give the patient privacy to undress and dress and
the patient can understand, so that the patient
use drapes to maintain the patient’s dignity. Do
has a clear idea of what to expect, including any
not assist the patient in removing clothing unless
potential pain or discomfort.
they have asked you to, or you have checked with
• Get the patient’s permission before the examina-
them that they want you to help.
tion (and assess their capacity to consent to the • Stop the examination if the patient asks
examination).
you to.
• Record that permission has been given for the
examination.
Source: From Intimate examinations and chaperones. General
• Offer the patient a chaperone (an impartial
Medical Council, 2013. (https://www.gmc-uk.org/-/
observer who should usually be a health profes- media/documents/maintaining-boundaries-intimate-
sional, rather than a relative or friend, although examinations-and-chaperones_pdf-58835231.pdf).

Box 2.4 Summary of professional conduct standards for nurses and midwives
You must put the interests of people using or needing and accurate records; reflect and act on feedback
nursing or midwifery first and uphold the standards set you receive to improve your practice.
out in the Nursing & Midwifery Council Code. Action Preserve safety: make sure that patient and public
can be taken – including removal from the register – if safety is protected; work within the limits of your
you fail to do so. competence, exercising your professional ‘duty
You must: of candour’ and raising concerns immediately
Prioritise people: make their care and safety your whenever you come across situations that put
first concern and make sure that their dignity patients or public safety at risk.
is preserved and their needs are recognised, Promote professionalism and trust: be a model of
assessed and responded to; make sure that those integrity and leadership for others to aspire to;
receiving care are treated with respect, that their uphold the reputation of your profession at all
rights are upheld, and that any discriminatory times and display a personal commitment to the
attitudes and behaviours towards those receiving standards of practice and behavior set out in this
care are challenged. Code.
Practise effectively: assess need and deliver or
advise on treatment, or give help without too Source: Adapted from The Code: Performance standards of
much delay, and to the best of your abilities, on practice and behavior for nurses and midwives. Nursing
the basis of the best evidence available and best and Midwifery Council, 2015. (https://www.nmc.org.uk/
standards/code/).
practice; communicate effectively, keeping clear

advice or warnings to erasure from the relevant regis- seriousness with which each is viewed may vary in dif-
ter and withdrawal of the licence to practice against the ferent parts of the world, as will the sanctions applied.
doctor found guilty of unethical practices. However, the World Medical Association defines quite
Although the spectrum of unethical conduct is wide, clearly, from a medical perspective, standards that
certain universally relevant subjects are recognised. The should be followed (see Box 2.1).
Confidentiality 19

Confidentiality (NHS) acts as a ‘Caldicott Guardian’ and is responsible


for protecting the confidentiality of patient and service-
Confidentiality and consent are the two primary duties user information and enables appropriate information-
of doctors and other healthcare professionals. They sharing. Each NHS organisation is required to have a
are key to medical practice. Within the UK, the GMC Caldicott Guardian. The mandate covers all organisa-
has published guidance on both confidentiality and tions that have access to patient records, so it includes
consent, which gives explicit background and practi- acute trusts, ambulance trusts, mental health trusts,
cal guidance to UK medical practitioners. Many other primary care trusts, strategic health authorities and
countries will provide similar information orientated to special health authorities.
the local jurisdiction and statute. Practitioners must be It is essential if a healthcare professional holds per-
aware of requirements in their own jurisdiction. sonal data about patients that they are familiar with
The UK guidance emphasises that patients have a right assorted regulations and legislation that may apply to
to expect that information about them will be held in con- their possession of those data. Personal data is informa-
fidence by their doctors. Confidentiality is a primary, but tion that relates to an identified or identifiable individ-
not an absolute duty. Doctors must use their own judge- ual. In 2018, the General Data Protection Regulations,
ment, and sometimes seek additional advice on applying along with the Data Protection Act 2018 (DPA 2018)
the principles of confidentiality and always anticipate was introduced. These, along with the European Data
having to later explain and justify any decisions or actions Protection Board (EDPB), have substantially altered the
taken if there is an alleged breach of confidentiality. regime by which personal data is stored. In addition, the
A key element of the doctor–patient relationship is UK health departments provide guidance on how that
trust. If patients do not trust that confidentiality will be data must be held, for what period of time and how it
maintained they may fail to seek medical attention or must be disposed of. Protection of computers, includ-
may provide incomplete information to obtain appropri- ing passwords, and paper-based records is expected.
ate care. A typical example may be a person with drug Sanctions have been taken against doctors and health-
or alcohol dependence in a detention setting, who may care organisations who have allowed medical records to
believe that full disclosure of problems may have adverse be left where the public or other unauthorised personnel
consequences on their impending court case. A balance have access to them.
is needed in providing appropriate information to others
to ensure safe, effective care for the patients themselves
and the wider community. Communication must take Disclosure of personal information
place with the patient about relevant information so that Personal information can be disclosed without breaching
they are aware of why medical information may be dis- duties of confidentiality in a number of scenarios. These
closed to other healthcare professionals. In the course of are: when the patient consents, whether implicitly or
this disclosure non-medical healthcare professionals may explicitly for the sake of their own care or for local clinical
also have access to personal information. audit, or explicitly for other purposes; when the disclosure
There are, however, a number of permissible situa- is of overall benefit to a patient who lacks the capacity to
tions when confidentiality may not apply. Box 2.5 identi- consent; disclosure is required by law; the disclosure is
fies those circumstances where confidential information permitted or has been approved under a statutory process
may be allowably disclosed by medical practitioners. that sets aside the common law duty of confidentiality;
In England & Wales there is a system by which a senior and disclosure can be justified in the public interest. The
personnel member within the National Health Service GMC advises that if information about a patient is being
disclosed, information must be anonymised if it is prac-
ticable to do so, and that the patient has ready access to
Box 2.5 W
 hen confidentiality may not information explaining how their personal information
will be used for their own care or local clinical audit, and
apply that they have the right to object. Disclosures should be
• If required by law (e.g., mandatory reporting of the minimum necessary for the purpose and follow all rel-
female genital mutilation). evant legal requirements, including the common law and
• If the patient consents – implicitly or expressly. data protection law. Records should be kept of all decisions
• If justified in the public interest. and actions.
• Reporting concerns about driving capabilities.
• Reporting firearm and knife wounds.
• Reporting serious communicable diseases.
Disclosures required by law
• Reporting in relation to insurance or employ­ment Disclosure may be required because of statute, for exam-
purposes. ple, notification of known or suspected types of commu-
nicable disease. Figure 2.1 shows an example of a Public
20 The ethics of medical practice

NOIDs WEEKLY REPORT


STATUTORY NOTIFICATIONS OF INFECTIOUS DISEASES

in ENGLAND and WALES

WEEK 2019/36 week ending 08/09/2019

CONTENTS

Table 1 Statutory notifications of infectious diseases in the past 6 weeks with totals for the
current year compared with corresponding periods of the two preceding years

Table 2 Statutory notifications of infectious diseases for diseases for WEEK 2019/36 by PHE
Region, county, local and unitary authority including additional diseases notifiable from
6th April 2010

Registered Medical Practioner in England and Wales have a statutory duty to notify a Proper Officer of
the local authority, often the CCDC (Consultant in Communicable Disease Control), of suspected cases
of certain infectious diseases:

Acute encephalitis Haemolytic uraemic syndrome * Rubella


Acute infectious hepatitis Infectious bloody diarrhoea * SARS *
Acute meningitis Invasive group A Streptococcal Scarlet fever
disease
Acute poliomyelitis Legionnaires disease * Smallpox
Anthrax Leprosy Tetanus
Botulism * Malaria Tuberculosis
Brucellosis * Measles Typhus
Cholera Meningococcal septicaemia Viral haemorrhagic fever
Diphtheria Mumps Whooping cough
Enteric fever (typhoid or paratyphoid) Plague Yellow fever

Food poisoning Rabies

* Notifiable from 6th April 2010

Notifications of infectious diseases, some of which are later microbiologically confirmed, prompt local
investigation and action to control the diseases. Proper officers are required every week to inform the
PHE (formerly the Registrar General) anonymised details of each case of each disease that has been
notified. PHE has responsibilty of collating the weekly returns from proper officers and publishing
analyses of local and national trends.

All weekly data are Provisional


© Public Health England - Information Management Department

Figure 2.1 An example front page of the Public Health England weekly Notification of Infectious Disease
Report (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830662/
NOIDS-weekly-report-week36-2019.pdf)
Confidentiality 21

Health England weekly ‘Notification of Infectious purposes. These include disclosures for the administra-
Diseases Report’ illustrating a wide range of condi- tion of justice, and for purposes such as financial audit
tions that registered medical practitioners in England and insurance or benefits claims. Anonymised infor-
& Wales have a statutory duty to notify a ‘Proper Officers mation will usually be sufficient for purposes other
of the local authority’ (who may be the Consultant in than the direct care of the patient and you must use it
Communicable Disease Control). in preference to identifiable information wherever pos-
Certain government agencies or bodies may have sible. If you disclose identifiable information, you must
statutory power to access patients’ records. Patients’ be satisfied that there is a legal basis for breaching con-
medical records and related personal information fidentiality. The patient must always be made aware of
may be required by regulatory bodies if there has the nature and extent of information being disclosed.
been a complaint against a healthcare professional. The information disclosed must be unbiased, relevant
Courts may require access to medical records when and limited to the needs expressed. The patient should
there is a concern that medical issues or conditions generally be offered the opportunity to see any report
might materially be relevant in a case. Information or disclosure prior to it being disclosed, unless poten-
must be disclosed if it is required by statute, or if tially non-disclosable confidential information about
ordered by a judge or presiding officer of a court. It another person is contained within it.
is important to ensure that disclosure is required by
law and information should only be disclosed that is Disclosure in the public interest
relevant to the request. Patients should be informed Confidential medical care is recognised in law as being
about such disclosures, unless the purpose would be in the public interest. There may be a public interest in
undermined, for example, by prejudicing the preven- disclosing information if the benefits to an individual or
tion, identification or prosecution of serious crime. society outweigh both the public and the patient’s inter-
If there is some ambiguity about the lawfulness of a est in keeping the information confidential. In particu-
request and if disclosure is not consented to, then legal lar, in the forensic context, disclosure may be justified to
advice and advice from a medical defence organisa- protect individuals or society from risks of serious harm,
tion or Caldicott guardian should be sought. The GMC such as from serious communicable diseases or serious
provides a framework about disclosing patients’ per- crime.
sonal information. In some circumstances, disclosing personal infor-
mation without consent is justified in the public inter-
Disclosing information with consent est for important public benefits, other than to prevent
Certain patients may wish to withhold particular death or serious harm, if there is no reasonably prac-
aspects of personal information, and unless other rea- ticable alternative to using personal information. It
sons for disclosure apply this wish must be respected. If is always appropriate to seek advice in such circum-
such a request might influence aspects of medical care, stances, for example from a Caldicott Guardian or a
it should be ensured that the patient is fully aware that medicolegal adviser from a medical defence organisa-
withholding information may compromise that care. tion. In addition to risks of harm, there are more gen-
Those who are provided with such information must eral areas where disclosure may be permissible in the
be reminded of their own duty of confidence. Clinical public interest and these can relate to areas such as
situations such as medical emergencies may mean that research, education and public health. The opportunity
information is passed without consent, and an explana- to anonymise such information should always be taken
tion should later be given to the patient advising them if appropriate, although in many settings it may be pos-
of the reasons for that disclosure. Disclosure may also sible to obtain consent. A decision to disclose must also
be permitted for audit if the patient is aware of that pos- take into account the practicalities of obtaining con-
sibility and they have not objected to it. sent in relation to the need for disclosure.

Disclosure requiring express consent


Disclosures to protect the patient
Consent to disclose personal information must always
be sought for any reason beyond clinical care and or others
audit. Many important uses of patient information Disclosure of information may be required for the
contribute to the overall delivery of health and social patient’s own protection, but if they have capacity then
care. Examples include health services management, a refusal to consent to disclosure should be respected.
research, epidemiology, public health surveillance, and It is important that the reasons why a disclosure is con-
education and training. There are also important uses sidered in their interests is made clearly and unam-
of patient information that are not connected to the biguously. In the criminal justice setting, issues of
delivery of health or social care, but which serve wider domestic violence are examples of where disclosure
22 The ethics of medical practice

may be relevant (e.g., evidence of previous assaults in Consent


medical records) but disclosure is refused by the patient.
Disclosure without consent may be justified when oth- In order to give consent to a treatment, an investiga-
ers are at risk of serious harm or death that may be tion or a process, an individual must have sufficient
reduced by such disclosure. Some circumstances, which capacity, they must possess sufficient understanding
often may relate to serious crime (e.g., murder, sexual or knowledge of the proposed intervention and their
assault and child abuse) require the prompt disclosure agreement to undergo the proposed treatment, inves-
of information to appropriate bodies (e.g., police). Such tigation or process must be voluntary, that is, it must be
an approach may also be appropriate if there is a belief freely given and not tainted by any degree of coercion
that the patient (adult or child) is a victim of neglect or undue influence from others. The GMC emphasises
or physical, sexual or emotional abuse. If appropriate, that (in selected extracts taken from current guidance):
the patient should be informed of a decision to disclose
Whatever the context in which medical decisions are
before doing so.
made, you must work in partnership with your patients to
ensure good care. In so doing, you must:
Disclosure concerning patients without
the capacity to consent • Listen to patients and respect their views about
their health.
A number of factors may be relevant in the setting where a • Discuss with patients what their diagnosis, progno-
patient lacks the capacity to consent. Is the lack of capac- sis, treatment and care involve.
ity temporary or permanent? If temporary, is there any • Share with patients the information they want or
immediate necessity for disclosure, and can disclosure need in order to make decisions.
be deferred until the patient regains capacity to consent? • Maximise patients’ opportunities, and their ability,
If the patient has someone who has a lawful role in mak- to make decisions for themselves.
ing decisions for them, they should be consulted. In all • Respect patients’ decisions.
settings it is expected that the doctor is seen to act in the
patient’s best interests, and this should take into account It further states:
views of others, including family and other healthcare
professionals. Ensuring that decisions are voluntary

• Patients may be put under pressure by employers,


Disclosure after death insurers, relatives or others, to accept a particular
A duty of confidentiality continues after a patient has investigation or treatment. You should be aware of
died, although there may be situations when relevant this and of other situations in which patients may
information must be disclosed, for example, when be vulnerable. Such situations may be, for example,
the patient has died in the UK, to help a Coroner or if they are resident in a care home, subject to mental
Procurator Fiscal with an inquest or fatal accident health legislation, detained by the police or immi-
inquiry, and on death certificates, and when a person gration services, or in prison.
has a statutory right of access to records. There are other • You should do your best to make sure that such
circumstances (for example, when reviewing someone’s patients have considered the available options and
testamentary capacity before death) where personal reached their own decision. If they have a right to
information may be disclosed after a patient’s death. The refuse treatment, you should make sure that they
decision for disclosure will depend on the facts of the know this and are able to refuse if they want to.
case. When making the decision to disclose consider- Respecting a patient’s decisions
ation must be given to factors such as whether such dis-
closure is likely to cause distress to the patient’s partner • You must respect a patient’s decision to refuse an
or family, and whether the information is already in the investigation or treatment, even if you think their deci-
public domain or can be anonymised or de-identified, sion is wrong or irrational. You should explain your
and the reason for the disclosure. Examples of when concerns clearly to the patient and outline the possible
medical information may be disclosable include: when consequences of their decision. You must not, how-
the disclosure is permitted or has been approved under ever, put pressure on a patient to accept your advice.
a statutory process that sets aside the common law duty
of confidentiality; when there is a public interest to pro- Expressions of consent
tect others from a risk of death or serious harm; and
when it is necessary to support the reporting or inves- • Before accepting a patient’s consent, you must con-
tigation of adverse incidents, or complaints, for clinical sider whether they have been given the information
audit, and clinical outcome review programmes. they want or need, and how well they understand
Consent 23

the details and implications of what is proposed. optimise care. Previously the standard test to measure
This is more important than how their consent is whether there has been a breach in their duty of care was
expressed or recorded. known as the Bolam test, which was introduced following
• Patients can give consent orally or in writing, or the landmark clinical negligence claim Bolam v Friern
they may imply consent by complying with the pro- Hospital Management Committee 1957. The test expects
posed examination or treatment, for example, by that standards of care have been followed in accordance
rolling up their sleeve to have their blood pressure with a responsible body of opinion, that is, the medical
taken. professional must demonstrate that they acted in a way
• In the case of minor or routine investigations or that a responsible body of medical professionals in the
treatments, if you are satisfied that the patient same field would regard as acceptable or reasonable.
understands what you propose to do and why, it is However, in the UK the law on informed consent has
usually enough to have oral or implied consent. changed following a Supreme Court judgement. Doctors
• In cases that involve higher risk, it is important must now ensure that patients are aware of any ‘material
that you get the patient’s written consent. This is risks’ involved in a proposed treatment, and of reason-
so that everyone involved understands what was able alternatives, following the judgement in the case
explained and agreed. Montgomery v Lanarkshire Health Board. This is a marked
• By law you must get written consent for certain change to the Bolam test. This test will no longer apply to
treatments, such as fertility treatment. You must the issue of consent, although it will continue to be used
follow the laws and codes of practice that govern more widely in cases involving other alleged acts of neg-
these situations. ligence. In a move away from the ‘reasonable doctor’ to
the ‘reasonable patient’, the Supreme Court’s ruling has
You should also get written consent from a patient if: outlined the new test: ‘The test of materiality is whether,
• The investigation or treatment is complex or in the circumstances of the particular case, a reasonable
involves significant risks. person in the patient’s position would be likely to attach
• There may be significant consequences for the significance to the risk, or the doctor is or should reason-
patient’s employment, or social or personal life. ably be aware that the particular patient would be likely
• Providing clinical care is not the primary purpose to attach significance to it.’ This decision enshrines in
of the investigation or treatment. law principles that are already in the GMC’s guidance
• The treatment is part of a research programme or on consent. Consent may be given orally or in writing –
is an innovative treatment designed specifically for this is express or explicit consent. Consent may also be
their benefit. given implicitly, for example, by allowing blood pressure
• If it is not possible to get written consent, for exam- to be taken by removing clothing to give access to the
ple, in an emergency or if the patient needs the arm. It is generally accepted that for higher risk or more
treatment to relieve serious pain or distress, you complex procedures, if there is a risk to life or lifestyle,
can rely on oral consent. But you must still give the for research or in the criminal setting (e.g., the taking of
patient the information they want or need to make intimate samples such as penile or vaginal swabs) that
a decision. You must record the fact that they have written consent is appropriate. In some settings written
given consent, in their medical records. consent is mandatory.
The responsibility for seeking consent is that of the
Recording decisions doctor undertaking the investigation or treatment.
Such a duty can be delegated if the person to whom it is
• You must use the patient’s medical records or a delegated is appropriately trained and has appropriate
consent form to record the key elements of your dis- knowledge of the treatment or investigation proposed.
cussion with the patient. This should include the
information you discussed, any specific requests by
the patient, any written, visual or audio informa-
Young people, children and consent
tion given to the patient, and details of any deci- Age is not necessarily a determining factor in the ability
sions that were made. to consent, although it is generally accepted that those
aged 16 years and older have the capacity to make deci-
Patients with capacity to make decisions sions about treatment or care. Many children below the
Consent is a key concept of healthcare and it is expected age of 16 years may also have the capacity to understand
that all decisions about treatment and healthcare come and consider options. In the UK the GMC publishes guid-
about as a result of collaboration between doctors and ance on making decisions in those aged under 18 years
patients. Consent should be based on trust, openness and and how capacity and best interests may be assessed. The
good communication. In the UK, doctors are expected capacity of children below the age of 16 years to consent
to work in partnership with their patients in order to to medical treatment depends on whether the child has
24 The ethics of medical practice

achieved a sufficient understanding and intelligence to This test of competence is utilised in a number of
appreciate the purpose, nature, consequences and risks other jurisdictions.
of a particular treatment (including no treatment) and
has the ability to appraise the medical advice. Reference Patients without capacity to make
is made in England & Wales to Gillick competency and
the Fraser guidelines. Gillick competency and the Fraser decisions
guidelines refer to a legal case which looked specifically If patients are unable to make decisions for themselves,
at whether doctors should be able to give contraceptive the doctor must engage with those who are close to the
advice or treatment to under 16-year-olds without paren- patient and with colleagues involved in the healthcare.
tal consent. They are now widely used to help assess In England & Wales decisions about those who lack
whether a child has the maturity to make their own deci- capacity is governed by the Mental Capacity Act 2005
sions and to understand the implications of those deci- (MCA). The MCA is intended to protect and empower
sions. Following an initial court case and then an appeal, people who may lack the mental capacity to make their
the case went to the House of Lords and the Law Lords own decisions about their care and treatment. It applies
(Lord Scarman, Lord Fraser and Lord Bridge) ruled in to people aged 16 and over. It covers a range of decisions
favour of the judgement delivered by Mr. Justice Woolf about everyday living (e.g., what to wear) and more seri-
in the original case (Gillick v West Norfolk 1984): ous potentially life-changing decisions (e.g., having
major surgery). There is no specific group that lacks
…whether or not a child is capable of giving the neces-
capacity but examples of conditions which may have an
sary consent will depend on the child’s maturity and
understanding and the nature of the consent required. effect include:
The child must be capable of making a reasonable
• Dementia
assessment of the advantages and disadvantages of the
treatment proposed, so the consent, if given, can be • Severe learning disability
properly and fairly described as true consent. • Brain injury
• Mental health illness
The Fraser guidelines refer to the guidelines set out • Cerebrovascular accident
by Lord Fraser in his judgement of the Gillick case in • Unconsciousness caused by an anaesthetic or
the House of Lords (1985), which apply specifically to sudden accident
contraceptive advice. Lord Fraser stated that a doctor
could proceed to give advice and treatment: The presence of these or other health conditions
does not automatically mean that the individual lacks
‘provided he is satisfied in the following criteria: the capacity to make a specific decision, and the nature
• that the girl (although under the age of 16 years of age) of capacity may vary dependent on the task (e.g., they
will understand his advice. may lack the ability to make financial decisions, but be
• that he cannot persuade her to inform her parents or able to manage day-to-day tasks). The MCA assumed
to allow him to inform the parents that she is seeking that every person has the capacity to make a decision
contraceptive advice. themselves, unless it is proved otherwise; that wherever
• that she is very likely to continue having sexual inter-
possible, people should be assisted in making decisions;
course with or without contraceptive treatment.
an unwise decision does not necessarily mean a per-
• that unless she receives contraceptive advice or treat-
ment her physical or mental health or both are likely son lacks capacity; and if decision making on behalf of
to suffer. someone who lacks capacity you must act in their best
• that her best interests require him to give her contra- interests. Additionally, treatment and care provided to
ceptive advice, treatment or both without the parental someone who lacks capacity should be the least restric-
consent.’ tive of their basic rights and freedoms.
The Act sets out a 2-stage test of capacity:
In the same case Lord Scarman commented:
…it is not enough that she should understand the nature 1. Does the person have an impairment of their
of the advice which is being given: she must also have a mind or brain, whether as a result of an illness,
sufficient maturity to understand what is involved or external factors such as alcohol or drug use?
2. Does the impairment mean the person is unable
and more generally on parents’ versus children’s
to make a specific decision when they need to?
rights:
…parental right yields to the child’s right to make his Mental capacity can also fluctuate with time – some-
own decisions when he reaches a sufficient under- one may lack capacity at one point in time, but may be
standing and intelligence to be capable of making up able to make the same decision at a later point in time.
his own mind on the matter requiring decision. Whenever possible people should be allowed the time
Regulation of doctors and other professionals 25

to make a decision themselves. The determination of all practising doctors in the UK, separate from the reg-
capacity is made by determining whether the person is istration system. The GMC has legal powers designed to
able to: maintain the standards the public have a right to expect
of doctors. If a doctor fails to meet those standards, the
• Understand the decision to be made and the infor- GMC acts to protect patients from harm – if necessary,
mation provided about the decision: the conse- by seeking to remove the doctor from the register and
quences of making a decision must be included in removing their right to practise medicine.
the information given. Before the GMC can stop or limit a doctor’s right to prac-
• Retain the information: a person should be able tise medicine, it needs evidence of impaired fitness to prac-
to retain the information given for long enough tise. Examples of such evidence include doctors who have
to make the decision – information can only be not kept their medical knowledge and skills up to date and
retained for short periods of time, it should not are not competent, have taken advantage of their role as a
automatically be assumed that the person lacks doctor or have done something wrong, are too ill, or have
capacity, for example, written information could not adequately managed a health problem to enable them
be used to assist a person’s ability to retain it. to work safely. The GMC can also issue a warning to a doc-
• Use that information in making the decision: a tor where the doctor’s fitness to practise is not impaired but
person should be able to weigh up the advantages there has been a significant departure from the principles
and disadvantages of making the decision. set out in the GMC’s guidance for doctors, Good Medical
• Communicate their decision: if a person cannot Practice. A number of sanctions are available. For example,
communicate their decision, for example, if they a warning will be disclosed to a doctor’s employer and to
are unconscious, the Act specifies that they should any other enquirer during a 5-year period. A warning will
be treated as if they lack capacity. All efforts should not be appropriate where the concerns relate exclusively to
be made to help the person communicate their a doctor’s physical or mental health.
decision before deciding they are not able to do so. Doctors (and other healthcare professionals) in the
UK have a ‘professional duty of candour’, and detailed
guidance as to how this ought to be achieved in practice
Regulation of doctors and other has been issued by the GMC. In essence, it is a duty to be
professionals honest with patients when things go wrong, and builds
on the recommendations made by Sir Robert Francis in
The General Medical Council the wake of the significant failures in the provision of
Regulation of the work of healthcare professionals is basic healthcare in Mid Staffordshire NHS Foundation
governed in many countries around the world by regula- Trust hospital.
tory bodies that may have powers to assess the individ-
ual’s performance and work. In the UK, the regulatory
body for registered medical practitioners (doctors) is the
Legal framework for GMC fitness
General Medical Council (GMC). The Medical Act 1858 to practise procedures
established the General Council of Medical Education The legal framework for the Fitness to Practise proce-
and Registration of the United Kingdom as a statutory dures is set out in the Medical Act 1983 and the Fitness
body. Subsequent Acts have refined this. Currently all to Practise Rules 2004. These are updated at frequent
the GMC’s functions derive from a statutory require- intervals. In particular these rules set timelines and
ment for the establishment and maintenance of a structure to the procedures.
register, which is the definitive list of doctors as provi- The Medical Act gives the GMC powers and respon-
sionally or fully ‘registered medical practitioners’. The sibilities for taking action when questions arise about
GMC controls entry to the List of Registered Medical doctors’ fitness to practise. The detailed arrangements
Practitioners (‘the medical register’). The Medical Act for how these matters are investigated and adjudicated
1983 (amended) notes that, ‘The main objective of the upon are set out in rules which have the force of law.
General Council in exercising their functions is to pro- Procedures are divided into two separate stages:
tect, promote and maintain the health and safety of the ‘Investigation’ and ‘Adjudication’. In the investigation
public.’ The GMC also regulates and sets the standards stage cases are assessed to determine whether they need
for medical schools in the UK, and liaises with other referral to the Medical Practitioners Tribunal Service
nations’ medical and university regulatory bodies over (MPTS) for adjudication. The adjudication stage consists
medical schools overseas, leading to some qualifica- of a hearing by a medical practitioner’s tribunal.
tions being mutually recognised. It also regulates post- Where the complaint raises questions about the doc-
graduate medical education. Most recently the GMC is tor’s fitness to practise, an investigation will commence
responsible for a licensing and revalidation system for and the complaint will be disclosed to the doctor and
26 The ethics of medical practice

his/her employer/sponsoring body. This is intended to beyond the period initially set, the GMC will apply to
ensure that there is a complete overview of the doctor’s the High Court (or the Court of Session in Scotland) for
practice and makes the information available to those permission to do so.
responsible for local clinical governance. Further infor- The Fitness to Practise Panel hears evidence and
mation may be sought from the complainant, whose decides whether a doctor’s fitness to practise is impaired.
consent will be needed to disclose the complaint to the Fitness to Practise hearings are the final stage of proce-
doctor. dures following a complaint about a doctor.
The doctor is given an opportunity to comment on A Fitness to Practise Panel is composed of medi-
the complaint. An investigation may need further doc- cal and non-medical persons and normally comprises
umentary evidence from employers, the complainant three to five panelists. In addition to the chairman, who
or other parties, witness statements, expert reports on may be medical or non-medical, there must be at least
clinical matters, an assessment of the doctor’s perfor- one medical and one non-medical panelist on each
mance and an assessment of the doctor’s health. panel. A legal assessor sits with each panel and advises
At the end of the investigation of allegations against on points of law and of mixed law and fact, including the
a doctor, the case will be considered by two senior procedure and powers of the panel. One or more spe-
GMC staff known as case examiners (one medical and cialist advisers may also be present to provide advice to
one non-medical) who can conclude the case with no the panel in relation to medical issues regarding a doc-
further action, issue a warning, refer the case to the tor’s health or performance. The GMC is normally repre-
Panel or agree undertakings. They must have in mind sented at the hearing by a barrister. The doctor is invited
the GMC’s overarching objective of public protection to attend and is usually present and legally represented.
(including the protection of patients and maintaining Both parties may call witnesses to give evidence and if
public confidence in the ­profession) in considering they do so the witness may be cross-examined by the
whether there is a realistic prospect of establishing that other party. The panel may also put questions to the
a doctor’s fitness to practise is impaired to a degree jus- witnesses. The panels meet in public, except where they
tifying action on registration. Cases can only be con- are considering confidential information concerning
cluded or referred to a Fitness to Practise Panel with the doctor’s health or they are considering making an
the agreement of both a medical and non-medical case interim order.
examiner. If they fail to agree, the matter will be con- Once the panel has heard the evidence, it must decide
sidered by the Investigation Committee, a statutory whether the facts alleged have been found proved and
committee of the GMC. A warning will be appropriate whether, on the basis of the facts found proved, the doc-
if there is evidence to suggest that the practitioner’s tor’s fitness to practise is impaired and, if so, whether
behaviour or performance has fallen below acceptable any action should be taken against the doctor’s registra-
standards to a degree warranting formal censure by tion. If the panel concludes that the doctor’s fitness to
the GMC, but does not w ­ arrant referral to a tribunal, practise is impaired, the following sanctions are avail-
and action on registration is not necessary. A decision able: to take no action; to accept undertakings offered
may be made that, despite there being evidence that the by the doctor provided that the panel is satisfied that
practitioner’s practice is impaired, no further action such undertakings protect patients and the wider pub-
will be taken if that practitioner accepts undertakings lic interest; to place conditions on the doctor’s registra-
restricting future practice or behaviour, or to undergo tion; to suspend the doctor’s registration; or to erase the
medical supervision or retraining, for example. doctor’s name from the Medical Register, so that they
At any stage of the investigation a doctor may be can no longer practise. The process is summarised in
referred to an interim orders tribunal of the MPTS which Figure 2.2.
can suspend or impose conditions on a doctor’s practice Doctors have a right of appeal to the High Court (Court
while the investigation continues. Cases referred to an of Session in Scotland) against any decision by a panel to
interim order tribunal are those where the doctor faces restrict or remove their registration. The GMC, and the
allegations of such a nature that it may be necessary Professional Standards Authority (which oversees and
for the protection of patients, or it may be in the public scrutinises nine healthcare regulatory bodies in the UK),
interest or in the interests of the doctor for the doctor’s may also appeal against certain decisions if they consider
registration to be restricted whilst the allegations are the decision was too lenient. Any doctor whose name has
resolved. An interim orders tribunal may make an order been erased from the Medical Register (‘the Register’)
suspending a doctor’s registration or imposing condi- by a Fitness to Practise Panel can apply for their name to
tions upon a doctor’s registration for a maximum period be restored to the Register. Doctors cannot apply to have
of 18 months. An interim orders tribunal must review their name restored to the Register until after a period
the order within 6 months of the order being imposed, of 5 years has elapsed since the date their name was
and thereafter, at intervals of no more than 6 months. erased. These processes were brought into sharp focus
If an interim orders tribunal wishes to extend an order in 2018 by the case of Dr Hadiza Bawa-Garba who had
Dealing with concerns about a doctor

Stage one Stage two

Referral to the GMC Further investigation Investigation Committee MPTS


It is often better for patients to raise Where a matter raises serious concerns and interim orders Fitness to Practise Panels comprise the final
their concerns through local complaints about a doctor’s practice, the GMC will If both case examiners decide that a warning stage of the fitness to practise procedures.
procedures in the first instance with the undertake an investigation. This may is appropriate, the doctor may exercise All aspects of the doctor’s fitness to
NHS Hospital Trust, Primary Care Trust include an assessment of the doctor’s his/her right to an oral hearing before the practise will be considered and there are no
(or equivalent) or private healthcare body. health or performance, where appropriate. Investigation Committee. If the two case longer separate streams for conduct, health
GMC case examiners will then decide examiners do not agree on the appropriate
NHS and performance.
what action to take, for example referral outcome, the case will be decided by a
Local Procedures
to a fitness to practise panel. If the case meeting of the Investigation Committee. MPTS
• Internal review
examiners cannot agree or a warning is • Fitness to practise panel
• No action required GMC
offered and the doctor refuses to accept The panel may decide to:
• Internal/Local action
the warning, the case will be referred to • Investigation Committee
• Information exchange • Issue a warning to the doctor
the Investigation Committee. • No action required
• Referral to the GMC • Put conditions on the doctor’s
GMC • Warning issued
registration
Private Health • Referral to a FTP Panel
• Further Investigation • Suspend the docter’s name
Local Procedures • Undertakings agreed
The case examiners may decide to: from the medical register
• Internal review • Referral to the IOP
• Take no action • Erase the doctor’s name from
• No action required the medical register
• Issue a warning GMC
• Internal/Local action
• Refer to a FTP Panel • Interim Orders Panel
• Information exchange
• Agree undertakings • IOP directs interim conditions
• Referral to the GMC
• Referral to the Interim (restricting practice)
GMC Orders Panel (IOP) • IOP directs suspension with
GMC Procedures immediate effect
• Internal review
• Information exchange
• Further investigation
by the GMC
• Conviction or decisions
from another regulatory body
• Inappropriate complaints
would be closed at this stage

Figure 2.2 The GMC’s Fitness to Practise procedures. (From https://www.gmc-uk.org/-/media/documents/


DC4541_The_GMC_s_Fitness_to_Practise_procedures.pdf_25416512.pdf.)
Regulation of doctors and other professionals
27
28 The ethics of medical practice

been erased from the Register, despite recognised institu- Francis R. Report of the Mid Staffordshire NHS Foundation Trust
tional failings at the time. Dr Bawa-Garba was convicted Public Inquiry, 2013. https://www.gov.uk/government/pub-
of gross negligence manslaughter following the death of lications/report-of-the-mid-staffordshire-nhs-foundation-
six-year-old Jack Adcock from sepsis. The MPTS decided trust-public-inquiry (Accessed 1 April 2019).
she should be allowed to return to train and practise as a General Medical Council. Confidentiality: guidance for doctors.
Manchester: GMC, 2009. http://www.gmc-uk.org/guidance/
doctor after a year’s suspension. The GMC had appealed
ethical_guidance/confidentiality.asp (Accessed 1 April 2019).
that MPTS decision. The GMC argued suspension was General Medical Council. Consent: patients and d ­ octors mak-
not sufficient and appealed the MPTS’s sanction to the ing decisions together. Guidance for doctors. https://www.
Divisional Court of the Queen’s Bench Division of the gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/
High Court. The Divisional Court held that the MPTS’s consent (Accessed 1 April 2019).
decision was not consistent with, and did not respect, General Medical Council. 0–18 years: Guidance for all doctors.
the verdict of the jury that Dr Bawa-Garba’s conduct was https://www.gmc-uk.org/ethical-guidance/ethical-guidance-
‘truly exceptionally bad’. The Divisional Court considered for-doctors/0-18-years (Accessed 1 April 2019).
that the MPTS had been wrong to take into account that General Medical Council. Guidance to the GMC’s Fitness to
there were systemic failings of the Hospital and that Dr Practise Rules 2004 (as amended) (2016). https://www.gmc-
uk.org/-/media/documents/DC4483_Guidance_to_the_FTP_
Bawa-Garba shared with others the responsibility for
Rules_28626691.pdf (Accessed 1 April 2019).
failings in the care and treatment of Jack. The Divisional General Medical Council. Fitness to practise statistics 2016.
Court concluded that, in view of the decision of the jury as https://www.gmc-uk.org/-/media/documents/2016-fitness-
to Dr Bawa-Garba’s personal culpability, the MPTS was to-practise-annual-statistics_pdf-71779372.pdf (Accessed 1
wrong to think that public confidence in the profession April 2019).
could be maintained by any sanction short of erasure General Medical Council. Good medical practice. https://www.
from the Medical Register. The Divisional Court, there- gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/
fore, quashed the order of suspension of the MPTS and good-medical-practice (Accessed 1 April 2019).
substituted an order of erasure. Subsequently the Court General Medical Council. Openness and honesty when
of Appeal unanimously held that the Divisional Court things go wrong: the professional duty of candour.
ht tps: //w w w.gmc-uk .org/ethical- guidance/ethical-
was wrong to interfere with the decision of the MPTS. The
guidance-for-doctors/candour---openness-and-honesty-
Court of Appeal set aside the order of the Divisional Court when-things-go-wrong (Accessed 1 April 2019).
that Dr Bawa-Garba should be erased from the Medical General Medical Council. Disclosing personal information: a
Register and restored the order of the Tribunal that she be framework. https://www.gmc-uk.org/ethical-guidance/ethi-
suspended from practice for 12 months subject to review. cal-guidance-for-doctors/confidentiality/disclosing-patients-
On 13 August 2018, the Court of Appeal overturned the personal-information-a-framework (Accessed 1 April 2019).
High Court’s decision to remove Dr Bawa-Garba from the General Medical Council. Managing and protecting personal
medical register following the successful outcome of her information. https://www.gmc-uk.org/ethical-guidance/
appeal. ethical-guidance-for-doctors/confidentiality/managing-and-
Regulatory bodies for other healthcare professionals protecting-personal-information (Accessed 1 April 2019).
General Medical Council. Intimate examinations and chaperones,
in the UK follow a process similar to that of the GMC
2013. www. gmc-uk.org/-/media/documents/maintaining-
when assessing the performance of practitioners. All boundaries-intimate-examinations-and-chaperones_pdf-
publish regular updates of their fitness to practise find- 58835231.pdf (Accessed 20 May 2019).
ings and the outcomes. Gillick v West Norfolk and Wisbech AHA [1986] AC 112. http://www.
bailii.org/uk/cases/UKHL/1985/7.html (Accessed 1 April 2019).
Health & Care Professionals Council. Fitness to Practice
Bibliography and information Annual Report 2018. https://www.hcpc-uk.org/resources/
reports/2018/fitness-to-practise-annual-report-2018/
resources (Accessed 3 June 2019).
Access to Health Records Act (1990). https://www.legislation.gov. Information Commissioner’s Office. Guide to the General Data
uk/ukpga/1990/23/contents (Accessed 1 April 2019). Protection Regulation. https://ico.org.uk/for-organisations/
Bawa-Garba (Appellant) v General Medical Council (Respondent) guide-to-the-general-data-protection-regulation-gdpr/
[2018] EWCA Civ 1879. On appeal from: [2018] EWHC 76 (Accessed 1 April 2019).
(Admin). Lynch J. Health Records in Court. Oxford: Radcliffe Publishing; 2009.
Biggs H. Healthcare Research Ethics and Law: Regulation, Review Lynch J. Clinical Responsibility. Oxford: Radcliffe Publishing; 2009.
and Responsibility. London: Routledge Cavendish; 2010. McLean S. Autonomy, Consent and the Law. London: Routledge
Bolam v Friern Hospital Management Committee [1957] 1 WLR 583. Cavendish; 2010.
British Medical Association (BMA) Medical ethics toolkits. https:// Mental Capacity Act 2005. https://www.legislation.gov.uk/
www.bma.org.uk/ethics (Accessed 17 April 2019). ukpga/2005/9/contents (Accessed 1 April 2019).
Dhai A, Payne-James J. Problems of capacity, consent Medical Practitioners Tribunal Service. https://www.mpts-uk.
and ­confidentiality. Best Pract Res Clin Obstet Gynaecol org/ (Accessed 1 April 2019).
2013;27(1):59–75. Montgomery v Lanarkshire Health Board [2015] UKSC 11.
Further general resources 29

NHS England. Confidentiality policy, 2018. https://www.england. UK Caldicott Guardian Manual. A manual for Caldicott
nhs.uk/wp-content/uploads/2016/12/confidentiality-policy- Guardians. 2017. https://assets.publishing.service.gov.uk/
v4.pdf (Accessed 6 April 2019). government/uploads/system/uploads/attachment_data/
NHS Health Research Authority. Research Ethics Service and file/581213/cgmanual.pdf (Accessed 2 April 2019).
Research Ethics Committees. https://www.hra.nhs.uk/about-us/ World Medical Association. WMA International code of medical
committees-and-services/res-and-recs/ (Accessed 1 April 2019). ethics. https://www.wma.net/policies-post/wma-interna-
NHS Health Research Authority. Governance arrangements for tional-code-of-medical-ethics/ (Accessed 2 April 2019).
Research Ethics Committees. https://www.hra.nhs.uk/plan-
ning-and-improving-research/policies-standards-legislation/
governance-arrangement-research-ethics-committees/ Further general resources
(Accessed 1 April 2019). General Medical Council (GMC). https://www.gmc-uk.org/
Nursing and Midwifery Council. Openness and honesty when (Accessed 2 April 2019).
things go wrong: the professional duty of candour. https:// Health & Care Professions Council (HCPC). http://hpc-uk.org/
www.nmc.org.uk/globalassets/site​documents/nmc-publica- (Accessed 6 April 2019).
tions/openness-and-honesty-professional-duty-of-candour. Medical Act 1858. http://www.legislation.gov.uk/ukpga/Vict/21-
pdf (Accessed 2 April 2019). 22/90/enacted (Accessed 2 April 2019).
Nursing and Midwifery Council. Annual fitness to practise report Medical Act 1983. http://www.legislation.gov.uk/ukpga/
2016–2017. https://www.nmc.org.uk/globalassets/sitedocu- 1983/54/contents (Accessed 2 April 2019).
ments/annual_reports_and_accounts/ftpannualreports/ Nursing and Midwifery Council. https://www.nmc.org.uk/
annual-fitness-to-practise-report-2016-2017.pdf (Accessed 2 (Accessed 2 April 2019).
April 2019). Professional Standards Authority (PSA). https://www.­
Pattinson SD. Medical Law and Ethics, 4th edn. London: Sweet & professionalstandards.org.uk (Accessed 2 April 2019).
Maxwell; 2014. World Medical Association (WMA). https://www.wma.net/
Payne-James JJ. Confidentiality and consent in police custody: (Accessed 2 April 2019).
general principles. J Forensic Leg Med 2018;57:66–72.
3 Medicolegal aspects of death

▪▪ Introduction ▪▪ Cause of death determination and certification


▪▪ Prolonged disorders of consciousness ▪▪ Bibliography and information sources
▪▪ Tissue and organ transplantation ▪▪ Further general resources

Introduction process may take many hours, although this will not be
evident to observers.
All doctors and most healthcare professionals encoun-
ter death, and the dying, at some time in their career. It Somatic death and resuscitation
is important to have an understanding of the medical
Somatic death means that the individual will never
and legal aspects of these phenomena.
again communicate or deliberately interact with the
environment. The individual is irreversibly unconscious
Definition of death and unaware of both the world and their own existence.
Only organisms that have experienced life can die, as The key element in this definition is ‘irreversible’, as lack
death represents the cessation of life in a previously liv- of communication and interaction with the environ-
ing organism. Medically and scientifically, death is not an ment may occur in a variety of settings such as when in
event; it is a process in which cellular metabolic processes a deep sleep, under anaesthesia, under the influence of
in different tissues and organs cease to function at differ- drugs or alcohol or as a result of a temporary coma from
ent rates. head injury.
This differential rate of cellular death results in sub- There is no statutory definition of death in the United
stantial debate – from ethical, cultural, religious and Kingdom but, following proposed ‘brain death criteria’
moral perspectives – as to when ‘death’ actually occurs. by the Conference of Medical Royal Colleges in 1976, the
One pragmatic solution to this argument is to consider courts in England and Northern Ireland have adopted
the death of a single cell (cellular death) and the ces- these criteria as part of the law for the diagnosis of death.
sation of the integrated functioning of an individual In 2008, the Academy of Medical Royal Colleges
(somatic death) as two separate aspects. published a ‘Code of Practice for the Diagnosis and
Confirmation of Death’, stating that
Cellular death
Death entails the irreversible loss of those essential
Cellular death implies the cessation of respiration (the characteristics which are necessary to the existence
utilisation of oxygen) and the normal metabolic activ- of a living human person and, thus, the definition of
ity in the body tissues and cells. Cessation of respira- death should be regarded as the irreversible loss of the
tion is soon followed by autolysis and decay, which, if capacity for consciousness, combined with irreversible
it affects the whole body, is unchallengeable evidence loss of the capacity to breathe. This may be secondary
of true death. The differences in cellular metabolism to a wide range of underlying problems in the body, for
determine the rate at which cells die and are not all example, cardiac arrest… The irreversible cessation of
simultaneous – with the exception of an event such as brain-stem function whether induced by intracranial
events or the result of extracranial phenomena, such
synchronous death of all of the cells following a nuclear
as hypoxia, will produce this clinical state and there-
explosion.
fore irreversible cessation of the integrative function of
Skin and bone can remain metabolically active the brain-stem equates with the death of the individual
and thus ‘living’ for many hours and their cells can be and allows the medical practitioner to diagnose death.
successfully cultured days after somatic death. White
blood cells are capable of movement for up to 12 hours Criteria for the diagnosis and confirmation of death
after cardiac arrest – a fact that makes the concept of are specified following cardiorespiratory arrest, in a
microscopic identification of a ‘vital reaction’ to injury primary care setting and in hospital, and following
of doubtful reliability. The cortical neuron, on the other irreversible cessation of brain-stem function, where
hand, dies after only 3–7 minutes of complete oxygen specified conditions have been fulfilled (see Boxes
deprivation. A body dies cell by cell and the complete 3.1–3.3).
Prolonged disorders of consciousness 31

Box 3.1 C  riteria for the diagnosis and confirmation of death following
c­ ardiorespiratory arrest
Simultaneous and irreversible onset of apnoea and ensuring an absence of a central pulse on palpation
unconsciousness in the absence of the circulation, fol- and an absence of heart sounds on auscultation.
lowing ‘full and extensive attempts’ at reversal of any In a hospital setting, supplementary ‘evidence’ of
contributing causes of cardiorespiratory arrest. death may be provided in the form of asystole on a
One of the following applies: continuous electrocardiogram (ECG) display, absence
of contractile activity using echocardiography or
• Criteria for not attempting cardiopulmonary
absence of pulsatile flow using direct intra-arterial
resuscitation (CPR) are fulfilled, or
pressure monitoring.
• CPR attempts have failed, or
Confirmation of the absence of pupillary responses
• Life-sustaining treatment has been withdrawn,
to light, of the corneal reflexes and any motor response
where a decision has been made that such treat-
to supra-orbital pressure.
ment is not in the patient’s best interest, or where
The time of death is recorded when these criteria
there is an ‘advance decision’ from the patient to
have been fulfilled.
refuse such treatment.
S ource: Adapted from Academy of Medical Royal Colleges.
The person responsible for confirming death (2008). A Code of Practice for the Diagnosis and
observes the individual for a minimum of 5 ­minutes, Confirmation of Death. London.

Advances in resuscitation techniques in recent There is a spectrum of survival: some patients will
decades, for example in technologies such as ventila- recover both spontaneous respiration and conscious-
tion, and in the pharmacological support of the uncon- ness, others will not regain consciousness but will regain
scious patient, result in the survival of patients who the ability to breathe on their own and some will regain
would otherwise have died as a result of direct cerebral neither consciousness nor the ability to breathe and will
trauma or of cerebral hypoxia from whatever cause. require permanent artificial ventilation to remain ‘alive’.
Previously, brain-stem death would eventu-
ally result in respiratory arrest causing myocardial Prolonged disorders of
hypoxia and cardiac arrest. Artificial ventilation
interrupts that process and while ventilation is con- consciousness
tinued, myocardial hypoxia and cardiac arrest are Disorders of consciousness (DOC) include: coma,
prevented. vegetative state (VS), and minimally conscious state

Box 3.2 C riteria for the diagnosis of death following irreversible cessation of
­brain-stem function (adults and children over the age of 2 months)
Absence of brain-stem reflexes: where arterial blood gas sampling confirms an
increase in PaCO2 by more than 0.5 kPa above the
• Pupils are fixed and do not respond to changes in
starting level.
light intensity.
• Corneal reflex is absent. Brain-stem testing should be made by at least
• Oculovestibular reflexes are absent when ice-cold two medical practitioners, registered for more than 5
water is introduced into the ear canals. years, and who are competent in the interpretation of
• No motor responses within the cranial nerve dis- such tests; at least one of these individuals must be a
tribution can be elicited by stimulation of any consultant.
somatic area. Ancillary investigations – cerebral angiography, per-
• No cough reflex response to bronchial stimulation fusion and neurophysiological – may be appropriate in
by a suction catheter placed in the trachea down some circumstances; brain-stem tests cannot be per-
to the carina. formed, for example, where there are extensive maxil-
• No gag response to stimulation of the posterior lofacial injuries.
pharynx with a spatula.
Source: Adapted from Academy of Medical Royal Colleges.
• No spontaneous respiratory response following
(2008). A Code of Practice for the Diagnosis and
disconnection from the ventilator (‘apnoea test’), Confirmation of Death. London.
32 Medicolegal aspects of death

Box 3.3 C
 onditions necessary for the diagnosis and confirmation of death f­ ollowing
irreversible cessation of brain-stem function
Irreversible brain damage resulting from damage of Potentially reversible circulatory, metabolic and
known aetiology or, following continuing clinical obser- endocrine disturbances have been excluded as the
vation and investigation, there is no possibility of a cause of the continuation of unconsciousness, includ-
reversible or treatable underlying cause being present. ing hyperglycaemia or hypoglycaemia.
Potentially reversible causes of coma have been Potentially reversible causes of apnoea have been
excluded. excluded, for example the effects of neuromuscular
There is no evidence that the state is caused by blocking agents.
depressant drugs, for example narcotics, hypnotics or
tranquillizers; specific antagonists may need to be used.
Source: Adapted from Academy of Medical Royal Colleges.
Hypothermia as the cause of unconsciousness has (2008). A Code of Practice for the Diagnosis and
been excluded. Confirmation of Death. London.

(MCS). Following severe brain injury, many patients 12 months after traumatic brain injury or 3 months
progress through stages of coma, VS and MCS as they after non-traumatic brain injury. The UK RCP guide-
emerge into a state of full awareness. However, some lines recommended a more cautious period of 6
will remain in a vegetative or minimally conscious months for non-traumatic brain injury. In light of the
state for the rest of their lives. The diagnosis, manage- documented late recoveries, it is important to view
ment and lifelong (including end-of-life [EOL]) care the temporal definitions as probabilities. The US Task
of adults who have prolonged disorders of conscious- Force emphasised that permanent VS refers to progno-
ness (PDOC), persisting for more than 4 weeks fol- sis and identifies the point after which recovery of con-
lowing sudden onset profound acquired brain injury sciousness is ‘highly improbable’ but not impossible.
is a sensitive and complex area. In 2013, The Royal In such circumstances, the withdrawal of hydration
College of Physicians published ‘Prolonged Disorders and assisted nutrition may be considered in the ‘best
of Consciousness: National Clinical Guidelines, which interests’ of the patient.
advise clinical and ethical standards of care for peo- The first, and most significant case regarding the
ple with PDOC.’ For the purposes of the guidelines, legality of such withdrawal of ‘life sustaining’ treatment
the definitions in Table 3.1 are used to differentiate concerned Tony Bland, in ‘persistent vegetative state’
between these states. following an accident at a football ground (Airedale
Based on a large cohort analysis the American NHS Trust v Bland). Since that case, in which permis-
Academy of Neurology practice guideline recom- sion to remove assisted feeding was granted, additional
mended that VS may be judged to be ‘permanent’ cases have sought to clarify the position following the

Table 3.1 Definitions of disorders of consciousness


Coma A state of unrousable unresponsiveness, lasting more than 6 hours in which a person:
(Absent wakefulness and • cannot be awakened
absent awareness) • fails to respond normally to painful stimuli, light or sound
• lacks a normal sleep–wake cycle, and
• does not initiate voluntary actions.
Vegetative state (VS) A state of wakefulness without awareness in which there is preserved capacity for
(Wakefulness with spontaneous or stimulus-induced arousal, evidenced by sleep–wake cycles and a range of
absent awareness) reflexive and spontaneous behaviours.
VS is characterised by complete absence of behavioural evidence for self- or environmental
awareness.
Minimally conscious A state of severely altered consciousness in which minimal but clearly discernible
state (MCS) behavioural evidence of self- or environmental awareness is demonstrated.
(Wakefulness with MCS is characterised by inconsistent, but reproducible, responses above the level of
minimal awareness) spontaneous or reflexive behaviour, which indicate some degree of interaction with their
surroundings.
Tissue and organ transplantation 33

enactment of the Human Rights Act 1998, the ‘right to the issues of consent for removal of organs for either
life’ and the right not to be subjected to inhuman and research or transplantation under the Human Tissue
degrading treatment. Act where donors are deceased. It applies in England,
A recent judgement in the UK Supreme Court, the Wales and Northern Ireland, and is not affected by the
UK’s highest court, has determined that legal permis- Human Transplantation (Wales) Act 2013. The guidance
sion from the Court of Protection will no longer be is summarised in Figure 3.1.
needed to end life support for patients in a permanent The organs and tissues to be transplanted may derive
VS when relatives and doctors agree it should be turned from one of several sources, which are outlined below.
off (An NHS Trust and others v Y and another 2018). The
case related to a the 52-year-old financial analyst – Mr Y Homologous transplantation
who was in a PDOC. After suffering a cardiac arrest as a
result of coronary artery disease, experts agreed it was Homologous transplantation is the process by which
highly improbable that Mr Y would re-emerge into con- tissue is moved between sites on the same body. For
sciousness and, even if he did, he would have profound example, skin grafts may be taken from the thigh to
cognitive and physical disability and would always be place on a burn site or bone chips from the pelvis may be
dependent on others. taken to assist in the healing of a fracture of a long bone.
Homologous blood transfusion can be used in certain
Tissue and organ transplantation situations such as when there is a religious objection to
the use of anonymously donated blood.
The laws relating to tissue and organ donation and
transplantation are dependent upon the religious and
ethical views of the country in which they apply. The Live donation
laws vary in both extent and detail around the world, In this process, tissue is taken from a living donor
but there are very few countries where transplanta- whose tissues have been matched to, or are compat-
tion is expressly forbidden and few religions that for- ible with, those of the recipient. The most common
bid it – Jehovah’s Witnesses are one such group; they example is blood transfusion but marrow transplan-
also reject transfusion of donated blood. In the UK, the tation is now very common. Other live donations
Human Tissue Authority has issued guidance regarding frequently involve the kidneys as these are paired

Removal
of organ
from
deceased
The donor
Consent from the The Consent from the
deceased donor* is primary purpose
primary purpose deceased donor* is
required to remove/ for the removed organ
for the removed organ is required to remove/
store/use the organ is for research - the organ
for transplantation use the organ for
for research is not going to be
transplantation
transplanted

Organ Organ
transplantation is transplanted
occurs and treatment (no planned research
is combined with intervention)
research
Organ
* Consent in this case cannot be Recipient
means either the consent Treatment interventions being
transplanted consent is
of the donor, their researched can take place before or
required for
nominated representative after implantation of the removed
transplantation
or - in the absence of organ. The organ can be
either of these - the sent for disposal or,
consent of a person in Health research involving patients is with valid consent
the most appropriate subject to approvals from relevant from the deceased
‘qualifying relationship’ bodies. donor*, stored and/
to the donor immediately or used for research
before they died. More Note: Recipients of organs subjected to
guidance on this is research interventions must have given
available from the HTA. their consent to receive the organs.

Figure 3.1 Consent requirements for removal of organs for research or transplantation. (Adapted from HTA. Guidance
on consent for transplantation research where donors are deceased.)
34 Medicolegal aspects of death

organs and live donors will, if the remaining kidney is Cadaveric donation
healthy, maintain their electrolyte and water balance
without problem. In many countries, cadaveric donation is the major
Most kidneys for transplant are derived from cadav- source of all tissues for transplantation. The surgical
eric donation, but live donation is also possible and the techniques to harvest the organs are improving, as
long-term clinical results are better. The removal of are the storage and transportation techniques, but the
kidneys from cadavers must follow legal requirements, best results are still obtained if the organs are obtained
including the definition of death and consent. Kidney while circulation is present or immediately after cessa-
donation by well selected living donors with good tion of the circulation. The aim is to minimise the ‘warm
health coverage carries negligible risks. This can only ischaemic time’. Some organs (e.g., kidneys) are more
be ensured through rigorous selection procedures, resilient to anoxia than others and can survive up to 30
careful surgical nephrectomy and follow up of the minutes after cessation of cardiac activity.
donor to ensure the optimal management of untoward Cadaveric donation is now so well established that
consequences. The Transplantation Society adopted most developed countries have sophisticated laws to
a consensus statement on the care of the live kidney regulate it. However, these laws vary greatly: some
donor, prepared by a forum involving over 100 experts countries allow the removal of organs regardless of the
from more than 40 countries from around the world. wishes of the relatives, whereas other countries allow
This consensus statement addressed the responsibil- for an ‘opting-out’ process in which organs can be taken
ity of communities for living donors. In particular, it for transplantation unless there is an objection from
defined the responsibilities of the transplant centre relatives. In the United Kingdom, Wales has enacted (in
which is charged, amongst other duties, with facili- 2015) legislation – the Human Transplantation (Wales)
tating the long-term follow up of living kidney donors Act 2013 which permits an opt-out system of organ
and, if need be, their treatment, with identifying and donation, known as presumed consent. The act permits
tracking complications that may be important in defin- hospitals to presume that people aged 18 or over, who
ing risks for informed consent disclosure (on the care have been resident in Wales for over 12 months, want
of the live kidney donor). The care of the live kidney to donate their organs at their death, unless they have
donor is often neglected in schemes where vulner- objected specifically. That Act is in contrast to the law
able individuals are exploited and encouraged to sell still applicable in England, which relies on an opt-in
their kidneys by unscrupulous practitioners. Forced system; only those who sign the NHS Organ Donation
organ harvesting is a form of organ trafficking. On Register, or whose families agreed, are considered to
June 17th 2019, The China Tribunal Report concluded have consented to be organ donors. In the latter system,
‘Forced organ harvesting has been committed for years the transplant team must ensure that the donor either
throughout China on a significant scale and that Falun gave active permission during life or at least did not
Gong practitioners have been one – and probably the object and that no close relative objects after death.
main – source of organ supply. The concerted persecu- The statutory framework governing organ dona-
tion and medical testing of the Uyghurs is more recent tion from the living and the dead for transplantation
and it may be that evidence of forced organ harvesting in England and Northern Ireland is embodied in the
of this group may emerge in due course. The Tribunal Human Tissue Act 2004 (with a similar framework in
has had no evidence that the significant infrastructure Scotland) – and the Human Tissue Authority has Codes
associated with China’s transplantation industry has of Practice to be followed in such circumstances. Code
been dismantled and in the absence of a satisfactory F, ‘Donation of solid organs and tissue for transplanta-
explanation as to the source of readily available organs, tion’ is the relevant one and emphasises that
concludes that forced organ harvesting continues … donated organs and tissue must be used in accordance
until today (https://chinatribunal.com/final-judge- with the expressed wishes of donors, their nominated
ment-report/). It is also alleged that in some countries representatives, or their relatives, that donors and their
prisoners of conscience are killed for the purpose of relatives must be given the information they need to be
removing one or more of their organs. The recipients able to make a decision that is right for them and that
those seeking consent should do so with sensitivity and
of these harvested organs are citizens of that country
an appreciation of the particular circumstances in each
or international transplant tourists who travel and pay
case. It also means that the dignity of the donor must be
substantial sums to receive trafficked organs. respected at all times and that practitioners should work
A World Health Assembly Resolution acknowledged with proper skill, care and training, in accordance with
the risk of exploitation of live kidney donors and urged good practice and other relevant professional guidance.
Member States to
If an autopsy will be required by law for any reason, the
protect the poorest and vulnerable groups from trans- permission of the Coroner, Procurator Fiscal or other legal
plant tourism and the sale of tissue and organs. officer investigating the death must be obtained before
Cause of death determination and certification 35

harvesting of tissue or organs is undertaken. In general, Cause of death determination and


there is seldom any reason for the legal officer investigat-
ing the death to object to organ or tissue donation because certification
it is self-evident that injured, diseased or damaged organs When deciding on what to ascribe an individual’s death
are unlikely to be harvested and certainly will not be to, the doctor is making a judgement about causation,
transplanted and so will be available for examination. which may be relatively straightforward in an individual
Description of intraoperative findings by transplant who has a documented history of ischaemic heart disease
surgeons will suffice in many cases, although it may and who experiences a cardiac arrest in hospital while on
sometimes be desirable for the pathologist who will sub- a cardiac monitor. Difficulties arise, for example, where an
sequently perform the autopsy to be present at the organ individual suffers a traumatic event, but has severe under-
retrieval procedure in order to see the extent of exter- lying natural disease, or where there are many potentially
nal and internal trauma ‘first-hand’. In what is almost fatal conditions, each capable of providing an explanation
always a tragic unexpected death, the donation of organs for death at that time.
may be the one positive feature and can often be of great The degree of certainty with which the doctor is
assistance to the relatives in knowing that the death of a required to decide the cause of death may vary between
loved one has resulted in a good outcome for someone. jurisdictions, and it may be more ‘intellectually honest’
to provide the cause of death determination in a more
Xenografts ‘narrative’ style, such as is increasingly seen in coroners’
Xenotransplantation is the transplantation of living cells, conclusions at inquests in England & Wales.
tissues or organs from one species to another. Such cells, The law relating to causation is complex, varies
tissues or organs are called xenografts or xenotransplants. between jurisdictions and is a vast subject of law beyond
Advances in xenotransplantation have the potential to the scope of this book. However, common themes in
resolve the issue of organ shortages. Organs or tissue this area of law are that ‘the cause’ is something that is
such as heart valves, corneas, hearts and kidneys have ‘substantial and significant’ (i.e., it is sufficient to have
been explored for potential as xenografts. However, such caused death), and that the outcome would not have
procedures may meet with a degree of concern from the occurred ‘but for’ the occurrence of the illness, dis-
public. Grafting of animal tissue into humans has always ease or alleged action/omission of another person (i.e.,
seemed tempting and clinical trials have been performed it was necessary for such illness or other factor to have
with some success. But there is, for example, considerable occurred for the outcome to be fatal).
difficulty with cross-matching the tissues and consider- In general, if a doctor knows the cause of death, and
able concern about the possibility of transfer of animal that cause of death is ‘natural’ (without any suspicious or
viruses to an immunocompromised human host. Strains unusual features), they may issue a medical certificate of
of donor animals, usually pigs, are being bred in clini- cause of death (MCCD – commonly called a ‘death cer-
cally clean conditions to prevent viral contamination, but tificate’ [Figure 3.2]). Which doctor may do this varies: in
there is still no guarantee of a close or ideal tissue match. some countries the doctor must have seen and treated the
There has also been an increasing interest in the devel- patient before death, whereas in other countries any doctor
opment of patient-derived xenograft (PDX) models where who has seen the body after death may issue a certificate.
human tumours are xenotransplanted into immunocom- The format for certifying the cause of death was
promised mice and such models act as translational tools defined by the World Health Organisation (WHO) in
in preclinical studies of cancer treatments. It is essential 1979 and is an international standard that is used in
that clear protocols are in place for the study of the many most countries. The system divides the cause of death
aspects of xenotransplantation and for the introduction into two parts: the first part (Part I) describes the
of such xenografts into the clinical setting. Such protocols condition(s) that led directly to death; Part II is for other
must take into account the variable religious and cultural conditions, not related to those listed in Part I, that have
sensitivities which will influence individuals’ perception also contributed to death.
of such practices. Part I is divided into subsections and generally three:
(a), (b) and (c), are printed on the certificate. These sub-
Cloning sections are for disease processes that have led directly
A potentially cheaper solution involves the cloning of to death and that are causally related to one another, (a)
animals for use as transplant donors. This research took being caused by or is a consequence of (b), which in turn
a step forward with the successful cloning of Dolly the is caused by or is a consequence of (c), etc. It is impor-
sheep in 1996. However, other advances have been slow tant to realise that, in this system of death certification,
to appear and although cloning remains a theoretical it is the disease lowest in the Part I list that is the most
course of action, much research is still to be done, with important, as it is the primary pathological condition in
its attendant moral and ethical considerations. the ‘chain of events’ leading to death. It is this disease
36
Medicolegal aspects of death

Figure 3.2 Sample of a Medical Certificate of Cause of Death (doctor’s counterfoil omitted).
Cause of death determination and certification 37

that is most important statistically and that is used to of relevant medical records and by making sure that
compile national and international mortality statistics. the family has the chance to raise any concerns. This
Doctors should not record the mode of death (e.g., independent review will make identifying malpractice
coma, heart failure) in isolation on the death certificate easier, provide opportunities for the NHS to learn and
but, if a mode is specified, it should be qualified by indi- address system failures earlier.
cating the underlying pathological abnormality leading One of the recommendations was the introduc-
to that mode of death. For example: tion of the new role of Medical Examiners (Medical
Reviewers in Scotland) in England & Wales. These are
seniors who will scrutinise and confirm the cause of all
Ia Congestive cardiac failure
deaths that do not need to be investigated by a coroner
Ib Essential hypertension before a medical certificate of cause of death (MCCD)
is issued (Figure 3.2). Reforms enabled in the Coroners
or
and Justice Act 2009, introduced Medical Examiners. In
Ia Coma April 2019 all acute hospitals in England & Wales began
Ib Subarachnoid haemorrhage to establish Medical Examiner (ME) services. MEs are
involved after a death. In all cases not investigated by a
Ic Ruptured congenital aneurysm coroner, the ME needs to address the following issues:
Some jurisdictions will allow specific causes of death • What did the person die from? (ensuring accuracy
that would not be allowed elsewhere. In the UK, it is of cause of death on the medical certificate)
acceptable in certain situations, i.e., if the patient is over • Does this case need to be reported to a coroner?
80 years of age, to record ‘Ia: Old age’. The term ‘frailty’ (ensuring timely, accurate referral)
may also be included. • Are there any clinical governance concerns?
At the other end of the age range, the diagnosis of (ensuring the relevant authority is notified)
sudden infant death syndrome (SIDS) is now well estab-
lished; unfortunately, the diagnostic criteria are seldom The ME addresses these issues by:
as well known and even less frequently are they applied • Carrying out a proportionate review of medical
to the letter. records (focusing on the last hospital admission,
The utility of the second part of the death certifi- selected investigation results, correspondence,
cate is perhaps questionable and has a tendency to be and interventions) – this is recorded on a form.
used as something of a ‘dustbin’ to record all, many • Discussing the case with the Qualified Attending
or some of the diseases afflicting the patient at the Practitioner (QAPs) who will complete the MCCD
time of death, regardless of their causative role in (the QAP will have completed a form which sum-
that death. Guidance for doctors completing Medical marises the QAP’s planned wording for the MCCD
Certificates of Cause of Death in England & Wales has – which will be discussed and agreed prior to com-
been updated by the Office for National Statistics in pletion of the MCCD with the ME).
2018. Similarly, the Scottish Government produced • Interacting with bereaved relatives to clarify
such guidance in 2014. whether they have any concerns or questions
In the UK, it has long been recognised that existing regarding the cause or circumstances of death,
arrangements for death certification are confusing, and review the MCCD.
provide inadequate safeguards, with no mechanism to
identify patterns, take action and learn from them. Currently this is a non-statutory process but it is
Dr Harold Shipman, a general practitioner, was able anticipated that a statutory service which will addi-
to kill many patients because he relied on others hav- tionally include oversight of all community and out-of-
ing no reason to question or suspect malpractice when hospital deaths will be in place by 2021. International
he certified the causes of death. The system depends classifications of disease are now well established and
on the integrity of a doctor and there is no independent the WHO produced, with the full official name, the
oversight. International Statistical Classification of Diseases and
Inquiries into deaths and practices at Mid Related Health Problems. The short form, International
Staffordshire and Southern Health NHS Foundation Classification of Diseases (ICD) is the international ‘stan-
Trusts showed that improved reporting and investiga- dard diagnostic tool for epidemiology, health manage-
tions could have prevented many unnecessary deaths. ment and clinical purposes’. ICD is the foundation for
A new system was proposed following a number of the identification of health trends and statistics glob-
reviews (starting with that of Harold Shipman in 2003), ally, and the international standard for reporting dis-
intended to introduce independent safeguards and eases and health conditions. ICD defines the universe
checks to highlight patterns, both through a review of diseases, disorders, injuries and other related health
38 Medicolegal aspects of death

conditions, listed in a comprehensive, hierarchical fash- Choi HJ, Yoon CH, Hyon JY, et al. Protocol for the first clinical trial to
ion that allows for: investigate safety and efficacy of corneal xenotransplantation
in patients with corneal opacity, corneal perforation, or impend-
• Easy storage, retrieval and analysis of health infor- ing corneal perforation. Xenotransplantation 2018;31:e12446.
mation for evidenced-based decision making. Coroners and Justice Act 2009. http://www.legislation.gov.uk/
• Sharing and comparing health information ukpga/2009/25/contents (Accessed 4 April 2019).
between hospitals, regions, settings and countries. Department of Health. Consultation on death certification
• Data comparisons in the same location across dif- reforms. https://www.gov.uk/government/consultations/
ferent time periods. death-certification-reforms (Accessed 4 April 2019).
Department of Health. Death certification reforms: draft guid-
Uses include monitoring of the incidence and prev- ance for registered medical practitioners. https://www.
alence of diseases, observing reimbursements and gov.uk /government/uploads/system/uploads/attach-
resource allocation trends and keeping track of safety ment_data/file/506784/Draft_guidance_-_notification_of_
and quality guidelines. They also include the counting deaths_regulations_A.pdf (Accessed 4 April 2019).
Ethics Committee of the Transplantation Society. The consensus
of deaths as well as diseases, injuries, symptoms, rea-
statement of the Amsterdam Forum on the Care of the Live
sons for encounter, factors that influence health status Kidney Donor. Transplantation 2004;78(4):​491–492.
and external causes of disease. ICD can be used for both Freckleton I, Mendelson D (eds). Causation in Law and Medicine.
clinical diagnoses and death certificates. In this clas- Aldershot: Dartmouth Publishing Company/ Ashgate
sification, each condition is given a four-digit ICD code, Publishing Limited; 2002.
which simplifies both data recording and data analysis General Medical Council. Consent: patients and doctors making
and allows information from many national and inter- decisions together. http://www.gmc-uk.org/guidance/ethi-
national sources to be compared. The current version cal_guidance/consent_guidance_discussing_side_effects_
is ICD 10 and this will be superseded by ICD 11 in 2020. and_complications.asp (Accessed 4 April 2019).
A version of ICD 11 has been released in 2018 to allow General Medical Council. End of life care: certification, post-mor-
tems and referral to a coroner or procurator fiscal. http://www.
preparations to be made prior to formal launch.
gmc-uk.org/guidance/ethical_guidance/end_of_life_certifica-
In some countries, doctors also have to record tion_post-mortems_and_referral.asp (Accessed 4 April 2019).
the manner of death (e.g., homicide, suicide) on the Human Rights Act. 1998 http://www.legislation.gov.uk/
death certificate, as advocated by the World Health ukpga/1998/42/contents (Accessed 4 April 2019).
Organisation; however, in most Western countries Human Tissue Act 2004 C.30. http://www.legislation.gov.uk/
with an efficient medicolegal investigative system, ukpga/2004/30 (Accessed 4 April 2019).
the conclusion about the manner of death may be to Human Tissue Authority. Codes of practice and standards. https://
a legal officer, for example, the Coroner in England & www.hta.gov.uk /hta-codes-practice-and-­s tandards-0
Wales, the Procurator Fiscal in Scotland or the Medical (Accessed 4 April 2019).
Examiner in some of the states of the USA. Chapter 4 Human Tissue Authority. Guidance on consent for transplantation
research where donors are deceased. https://www.hta.gov.uk/
expands on the role of the coroner in medicolegal
policies/ guidance-consent-transplantation-research-where-
death investigation. donors-are-deceased (Accessed 5 August 2019).
McLean SA. Permanent vegetative state: the legal position.
Bibliography and information Neuropsychol Rehabil 2005;15:237–250.
Office for National Statistics’ Death Certification Advisory Group.
sources Guidance for doctors completing medical certificates of
Academy of Medical Royal Colleges. 2008. A code of practice for cause of death in England and Wales. https://assets.publish-
the diagnosis and confirmation of death. London: Academy ing.service.gov.uk/government/uploads/system/uploads/
of Medical Royal Colleges. http://aomrc.org.uk/wp-content/ attachment_data/file/757010/guidance-for-doctors-com-
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Death_1008-4.pdf (Accessed 4 April 2019). Padela AI, Duivenbode R. The ethics of organ donation, dona-
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Further general resources 39

Royal College of Physicians. Prolonged disorders of conscious- World Health Assembly. 2004. Transplantation. http://www.
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https://www.rcplondon.ac.uk/guidelines-policy/prolonged- 2019).
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Shipman Inquiry: Archived at The National Archives. http:// (Accessed 8 April 2019).
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April 2019). (10th Revision). http://apps.who.int/classifications/icd10/
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vegetative state. Med Law Rev 2009;17:​245–261.
The Human Transplantation (Wales) Act 2013 (Consequential Pro- Further general resources
vision) Order. http://www.legislation.gov.uk/uksi/2015/865/ Academy of Medical Royal Colleges (AMRC). http://www.aomrc.
article/3/made (Accessed 4 April 2019). org.uk (Accessed 4 April 2019).
The Task Force. The Multisociety Taskforce report on PVS: medical World Health Organisation (WHO). ICD-10. http://apps.who.
aspects of the persistent vegetative state, Part 1 and 2. New int/classifications/icd10/browse/2016/en (Accessed 4 April
Eng J Med 1994;330:1499–1508, 572–579. 2019).
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tigation of extra-legal, arbitrary and summary e­ xecutions.
http://www.ohchr.org/Documents/Professional​Interest/
executions.pdf (Accessed 4 April 2019).
4 Violence in society,
medicolegal ­investigation of
death and the autopsy
▪▪ Introduction ▪▪ The ‘Minnesota protocol’
▪▪ Homicide and interpersonal violence ▪▪ Exhumation
▪▪ Medicolegal investigation of death ▪▪ Bibliography and information sources
▪▪ The autopsy ▪▪ Further general resources

Introduction (90.4 per 100,000). Box 4.1 explores the inequalities that
exist in violent death, as in life. The overall trend glob-
Both the clinical and pathological aspects of forensic ally appears to be one of a decreasing homicide burden.
medicine have substantial involvement in the investi- However, in the UK, the number of homicides (in the UK
gation and management of interpersonal violence, the the term embraces the offences of murder, manslaugh-
volume of which is a matter of public health concern ter and infanticide) has been increasing from its low
internationally. point in 2015–2016 to 726 in 2018.

Homicide and interpersonal Global homicide data by age


violence The UN ‘Global Study’ data from 2013 shows that most
The United Nations ‘Global Study on Homicide 2013’ victims were less than 44 years of age (15–29 years 43%;
provides the most comprehensive, and most recent, 30–44 years 30%). Thirty six thousand were children
international data on ‘intentional homicide’ (excluding under 15 years (8% of the total).
killings directly related to war and other conflicts, due In England & Wales in 2012–2013 there were 67 homi-
to legal interventions, ‘justifiable killings’ such as those cides under the age of 16 years (12% of the total), with
in self defence, and ‘non-intentional homicide’, such as some differences between genders (10% of male victims
those involving recklessness or negligence). compared with 16% of female victims).
In 2012, there were 437,000 homicides, giving an Fifteen per cent of victims were young men, aged
average rate of 6.2 per 100,000 people; there were between 15 to 29 years, living in the Americas. In
marked regional and sub-regional variations, the high- England & Wales, 7% of the population is between 20–24
est rates occurring in Central America (just over 25 per years of age, but they account for 11% of homicide vic-
100,000 people), and Southern Africa (just over 30 per tims (188 deaths); this probably reflects the increased
10,000 people), and the lowest rate occurring in Western numbers of young male victims (140 deaths).
Europe (at around 1 per 100,000 people). The highest rate of homicide in England & Wales
The rate in Europe appears to remain relatively stable, was in children under 1 year of age (at 3 per 100,000,
and at low levels, reflecting improvements in socioeco- representing 22 deaths). The majority of victims under
nomic conditions in many Eastern European countries, 16 years were acquainted with their principal suspect
although geopolitical upheaval and forced migration (69%, 46 offences), and in 40 cases they were killed by a
can substantially influence this. There are national dif- parent or step-parent.
ferences. Often the data is several years behind, but in
2011 Japan had one of the lowest rates in the world (at 0.3 Global homicide data by gender
per 100,000 people, representing 442 homicides) whilst The UN ‘Global study on Homocide’ data show that
the UK had a rate of 1 per 100,000. There were differences males account for 79% of all homicide victims, and 95%
between the component countries: of all perpetrators. The average homicide rate for males
was 9.7 per 100,000.
• England & Wales 1.1 per 100,000 (551 homicides
The rate for females was 2.7 per 100,000; 47% were
2012–2013);
killed by an intimate partner or family member (com-
• Scotland 1.74 per 100,000; and
pared with 6% of all male victims).
• Northern Ireland 1.42 per 100,000
In Europe, males aged 30–44, and 45–59 years had
This compares with rates in the USA (4.7 per 100,000), a higher risk of being a homicide victim than their
the Russian Federation (9.2 per 100,000), and Honduras younger counterparts, probably due to the relative
Homicide and interpersonal violence 41

Box 4.1 Inequalities in death – violence and homicide as a public health problem
Analysis of age-adjusted homicide rates in the USA age 28 years, compared with 40 years, respectively),
shows a marked difference between white and black and were more likely to be stabbed or shot (compared
males (8.7 per 100,000, compared with 66.2 per 100,000, with homicide by hitting, kicking etc.). Twenty-five per
respectively). Age was the strongest predictor of homi- cent of black victims were shot, compared with 6% of
cide rate, followed by the level of urbanisation. Rates white victims.
were significantly higher for both black and white men In the UK, analysis of the socioeconomic characteris-
living in areas of low educational levels, or high levels of tics of homicide victims between 1981 and 2000 reveals
income inequality, and rates were significantly lower in that people living in the poorest 10% of areas were 4.5
areas with a low prevalence of crowded housing. times more likely to be murdered than those living in
In England & Wales, of the homicides recorded in the least poor 10% of areas between 1981 and 1985,
the three-year period ending in March 2013, 77% of and 5.7 times more likely to be murdered between
victims were white, and 11% were black. Census data 1996 and 2000.
reported the relative proportions of white and black A study in Scotland showed a marked inequality in
individuals to be 86%, and 3%, respectively. Black death from assault; between 2000 and 2002; a man
victims were therefore over-represented, and white under 65 years living in one of the most deprived areas
under-represented. Black males were over four times was nearly 32 times more likely to die due to an assault
more likely to be a victim of homicide than white males than if he had been living in one of the most affluent
(5.5 per 100,000 compared with 1.2 per 100,000). Black areas, and a woman of the same age was 35 times more
victims were also younger than white victims (average likely to die due to an assault.

increased importance of interpersonal violence in this Female victims in this category of homicide were
region compared with violence related to other criminal younger than other female homicide victims (41 years
activities (including gang-related violence). compared with 51 years).
In England & Wales, 96% of male homicide victims, Male victims of this sort of homicide in England &
and 87% of female victims, over 16 years of age were Wales were more likely to be killed with a sharp instru-
killed by a man. ment than other male victims (60% compared with 38%),
whilst female victims of partner/ex-partner homicide
Global intimate partner and domestic were more likely to be killed by strangulation than other
female homicide victims (27% compared with 16%).
violence-related homicide Fifty-two per cent of all homicides in England &
Fourteen per cent of all homicide victims were killed Wales resulted from a quarrel, a revenge attack or a loss
by an intimate partner or a family member, with a of temper (rising to 61% where the principal suspect
global rate of 0.9 per 100,000. The rates were quite stable was known to the victim). Box 4.2 describes the extent
between regions, and over time, although the propor- of non-fatal intimate partner violence in the UK and
tions of this type of homicide compared with the total globally.
homicides within a region varied (e.g. 28% of all homi-
cides in Europe, compared with 8.6% of homicides in the Homicide mechanism
Americas). When the homicide rate was high in a region, Weapons played a significant role in homicide glob-
the proportion of deaths related to, for example, other ally (Box 4.3); firearms were involved in 177,000 (41%)
criminal activities was more prevalent than in regions of homicides, ‘other means’ (including physical force/
with low homicide rates. blunt objects) accounted for just over one third of
Female victims were consistently higher in this type deaths, whilst sharp objects accounted for 24% of
of homicide. Of the 93,000 women killed in 2012, 47% deaths.
were killed by an intimate partner or family member. Firearms were involved in 66% of deaths in the
Regional variations included: 3300 deaths in Europe, Americas, whilst ‘other means’ predominated in Europe
200 in Oceania, and 19,700 in Africa. (54%), and Asia (47%).
Seventy-nine per cent of those homicide victims Sharp objects were most commonly used in the UK
killed by intimate partners were women. accounting for 35% of deaths in 2012–2013 in England
Female homicide victims in England & Wales were & Wales, and 38% in Scotland between 2003 and 2013.
more likely than male victims to have been killed by a There was no significant difference in the proportion
partner or ex-partner (45% compared with 4%). Global of deaths from this mechanism between the genders
studies report comparable data of between 40%–70%. in England & Wales.
42 Violence in society, medicolegal i­nvestigation of death and the autopsy

Box 4.2 Non-fatal intimate partner violence


Even in countries with very low homicide rates, a signif- physically assaulted by an intimate partner during their
icant proportion of women experienced physical and/ lifetime, and most women who are targets of physi-
or sexual violence. In the UK in 2005, for example, 5.9% cal aggression generally experience multiple acts of
of women reported having experienced physical and/ aggression over time.
or sexual violence from an intimate partner in the pre- There are differences in the nature and incidence of
ceding 12 months, and 28.4% reported having experi- violence between non-heterosexual intimate relation-
enced such violence in their lifetime. ships, and these may highlight other vulnerabilities
The World Health Organisation stated that between within those groups.
10 and 69 per cent of women globally reported being

The second most common method of killing in England Australia between 2008 and 2010 (that consumption
& Wales was ‘kicking or hitting without a weapon’ (20% of being by victim, perpetrator, or both).
the total), although there were gender differences present; This data gives a broad overview of the incidence,
25% of male homicide victims were killed by this method, demographics and means of homicide. As with much
whilst the second most common method of homicide in of the published data, it may be up to a decade behind
female victims was strangulation or asphyxiation (at 16%); the times and, when considering the current position, it
29 people were killed by a firearm. is always important to recognise that social trends and
Alcohol consumption was highly associated with geopolitical change can often dramatically influence
homicide; it preceded nearly 50% of homicides in these factors.

Box 4.3 Homicide mechanism by geographical region


Africa Americas Asia
(54 countries) (36 countries) (50 countries)

17%

28% 47% 28%

42% 17%

66%
30% 25%

Europe Oceania Global


(42 countries) (10 countries) (192 countries)

13% 10%

35% 35%

54% 41%

33%
24%
55%

Firearms Sharp objects Others

Adapted from Office on Drugs and Crime (UNODC). Global Study on Homicide 2013.
Medicolegal investigation of death 43

Medicolegal investigation of death conclusions. In 2018, 30,700 inquest conclusions were


recorded, down 9% on 2017, reflecting the decrease in
If a death is natural and a doctor can sign a death cer- the number of inquests opened and fewer DoLS deaths
tificate, this allows the relatives to continue with the (almost all had a natural cause conclusion).
process of disposal of the body, whether by burial or The role of the coroner in England & Wales was
cremation. If the death is not natural or if no doctor can reformed by the coroners and Justice Act 2009, which
complete an MCCD, some other method of investigating created a new nationwide post of Chief Coroner, over-
and certifying the death must be in place. In England seeing local Coroners (now called Senior Coroners, Area
& Wales there are approximately 500,000 deaths each Coroners and Deputy Coroners, depending on their
year, of which, more than half are certified by doctors seniority).
without referral to coroners. In 2018, 220,600 deaths The types of deaths that cannot be certified by a doc-
were reported to coroners. This is a decrease on previ- tor are examined by a variety of legal officers in other
ous years predominantly because there was a decrease countries: Coroners, Procurators Fiscals, Medical
in the number of deaths under Deprivation of Liberty Examiners, Magistrates, Judges and even Police
Safeguard (DoLs) authorisations reported to Coroners. Officers. The exact systems of referral, responsibility and
DoLS was an amendment to the Mental Capacity Act investigation differ widely, but the general framework
2005 and it ensures people who cannot consent to is much the same. The systems are arranged to identify
their care arrangements in a care home or hospital are and investigate deaths that are, or might be, unnatu-
protected if those arrangements deprive them of their ral, overtly criminal, suspicious, traumatic or caused
liberty. Arrangements are assessed to check they are by poisoning, or that might simply be deaths that are
necessary as well as being in the person’s best interests. unexpected or unexplained (Box 4.4).
Representation and the right to challenge a deprivation There is currently no legal duty for a doctor to report
are other safeguards that are part of DoLS. Following an unnatural death to the coroner, but legislative
amendment to the Coroners and Justice Act 2009, as changes are imminent in England & Wales, and will
of 3 April 2017, an individual under a DoLS is no lon- place a statutory duty on all doctors to report certain
ger considered to be ‘otherwise in state detention’. As a categories of death to the coroner (see Box 4.4). The
result, the number of DoLS deaths reported to Coroners Registrar of Deaths currently has such a duty to inform
fell 66% to 3900 in 2017 compared to the previous year. the Coroner about any death that appears to be unnat-
Of deaths reported to the coroner, approximately ural or where the rules about completion of the death
39% required a post mortem examination to deter- certificate have not been complied with, although their
mine the cause of death, compared with 60% in 1995. responsibilities are likely to change as the proposed
There were 85,600 post mortem examinations ordered new ‘Medical Examiner’ system comes into effect (Box
by coroners in 2018, a decrease of 1% on 2016. Eight per 4.5). Deaths are also usually reported to the coroner by
cent fewer inquests were opened in 2018, driven by a fall members of the public, the police and, in the future in
in DoLS deaths. Twenty nine thousand one hundred England & Wales, will also be reported to the ‘Medical
inquests were opened in 2018, down 8% compared to Examiner’.
2017, driven by fewer DoLS deaths reported to coroners, Following the death of a person who has not been
which prior to the 2009 Act amendment required an receiving medical supervision, and where no doctor
inquest, as all state detention deaths do. Inquest con- was in attendance, the fact of death can be confirmed by
clusions were down 9%, driven by a fall in natural cause nurses, paramedics and other healthcare professionals

Box 4.4 P
 roposed circumstances in which doctors in England & Wales would
be required to refer deaths to a coroner
• There is no attending practitioner or the attending • The death may be related to a medical procedure
practitioner(s) is unavailable within a prescribed or treatment.
period. • The death may be due to an injury or disease
• The death may have been caused by violence, received in the course of employment, or indus-
trauma or physical injury, whether intentional or trial poisoning.
otherwise. • The death occurred whilst the deceased was in cus-
• The death may have been caused by poisoning. tody or state-detention, whatever the cause.
• The death may be the result of intentional • The cause of death is unknown.
self-harm.
• The death may be a result of neglect or failure of Source: Department of Health. Death Certification Reforms. Draft
care. guidance for registered medical practitioners, March 2016.
44 Violence in society, medicolegal i­nvestigation of death and the autopsy

‘minimally invasive’ radiological examination (such


Box 4.5 T
 ypes of deaths that need to be as a post mortem CT-based examination), or involve an
reported to the Coroner by the invasive internal examination, depending on the cir-
cumstances, the wishes of the family of the deceased,
Registrar of Deaths and the ability of the proposed examination to provide
The circumstances in which the Registrar of Deaths the coroner with answers sufficient for them to fulfil
currently must refer a death to the Coroner are their investigatory responsibilities. The ability to make
contained in the Registration of Births and Deaths a limited post mortem examination of the body in the
Regulations 1987: appropriate circumstances is more humane for the
• The deceased was not attended in his last illness family of the deceased, and in line with human rights
responsibilities of the State to not only ensure an effec-
by the doctor completing the certificate.
• The deceased had not been seen by a doctor tive investigation into the death, but to ensure that the
rights of the family are not unnecessarily infringed
either after death or within 14 days prior to
upon.
death.
• Where the cause of death is unknown. Given the differences in the powers available to
• Where death appears to be due to poisoning or medicolegal authorities throughout the world, it is not
surprising that the autopsy rate varies widely from juris-
to industrial disease.
• Where death may have been unnatural or where diction to jurisdiction; in some cases, it is nearly 100 per
cent but it may fall as low as 5–10 per cent. Some jurisdic-
it may have been caused by violence or neglect
tions with low autopsy rates insist on the external exami-
or abortion or where it is associated with suspi-
nation of the body by a doctor with medicolegal training.
cious circumstances.
• Where death occurred during a surgical opera- Autopsy examinations are not the complete and final
answer to every death, but without an internal exami-
tion or before recovery from an anaesthetic.
nation it can often be impossible to be able to address
the questions raised by a death to the satisfaction of the
family of the deceased, and the medicolegal authority.
as well as by doctors. The police will usually investigate An invasive post mortem examination is still consid-
the scene and the circumstances of the death and report ered to represent the ‘gold standard’ when it comes to
their findings to the coroner or other legal authority. deciding what the most likely cause (and mechanism) of
The coroner, through his officers, will attempt to find a death is, despite the recent interest in the use of cross-
family practitioner to obtain medical details. That fam- sectional imaging techniques as an adjunct to invasive
ily practitioner, if found, may be able to complete the examinations, and in the absence of any post mortem
death certificate if he is aware of sufficient natural dis- examination it is well known that a significant propor-
ease and if the scene and circumstances of the death are tion of causes of death given by doctors are subsequently
not suspicious. shown to be incorrect following an invasive autopsy.
If no family practitioner can be found, or if the practi- The coroner can discontinue their investigation if
tioner is unwilling to issue a death certificate, the cause the post mortem examination identifies the cause of
of death will presumably be unknown, and the coroner death, and the coroner no longer believes it necessary
must initiate an investigation into the death. Such an to continue the investigation. If they need to continue
investigation must also be initiated when the death was their investigation they must hold an inquest (a pub-
violent or unnatural, or where it occurred in custody or lic inquiry into the death) which, in the case of a death
state detention according to the Coroners and Justice occurring in custody or detention, for example, must be
Act 2009. held with a jury.
The purpose of the coroner’s investigation is to At the conclusion of the inquest, the coroner (or jury)
­ascertain who the deceased was, how, when and where makes a ‘determination’ in relation to the ‘who, how,
they came by their death, and any other details required when and where’ questions that are to be addressed by
by registration of death legislation. the coroner’s investigation, and a ‘conclusion’ (rather
In order to enable the Coroner to decide whether than the previous term – a verdict) which cannot be
or not an investigation into the death is required, they framed in such a way as to determine criminal or civil
may request that a ‘suitable practitioner’ – who may not blame for the death. The ‘conclusions’ options are:
necessarily be a registered medical practitioner – makes
a post mortem examination of the body, the extent of • Accident or misadventure
which is not prescribed. • Alcohol/drug related
A post mortem examination for the coroner may now • Industrial disease
be limited to an external examination (as is possible • Lawful killing (e.g., the legal use of lethal force by
in the Scottish ‘View and Grant’ examinations), or a a police officer)
The autopsy 45

• Unlawful killing (which includes murder, man- The clinical autopsy is performed in a hospital mor-
slaughter, infanticide) tuary after consent for the examination has been sought
• Natural causes from, and granted by, the relatives of the deceased. The
• Open (i.e., there is insufficient evidence for any doctors treating the patient should know why their
other conclusion) patient has died and be able to complete a death cer-
• Road traffic collision tificate even in the absence of an autopsy. These exami-
• Stillbirth nations have been used in the past for the teaching of
• Suicide medical students and others, and for research, but have
been in decline worldwide for several decades.
There is an increasing trend, however, for the The medicolegal autopsy is performed on behalf of
c­ oroner to deliver a ‘narrative conclusion’ which is a the State. The aims of these examinations are much
factual record of how, and in what circumstances, the broader than those of the clinical autopsy; they aim to:
death occurred, and this is often used in those cases in
which the cause of death does not fit easily into any of • Identify the body.
the ‘short-form’ conclusions. Within the narrative con- • Estimate the time of death.
clusion, the coroner may request an inquest jury (if the • Identify and document the nature and number of
inquest is held before a jury) to address specific ques- injuries.
tions perceived to be of concern. • Interpret the significance and effect of the inju-
ries.
The autopsy • Identify the presence of any natural disease.
• Interpret the significance and effect of the ­natural
The words autopsy, necropsy and post mortem exami-
disease present.
nation are synonymous, although post mortem exami-
• Identify the presence of poisons.
nation can have a broader meaning encompassing any
• Interpret the effect of any medical or surgical
examination made after death, including an external
treatment.
examination. In general terms, autopsies are performed
for two reasons: clinical clarification and medicolegal Autopsies can, in theory, be performed by any doctor
purposes. but, ideally, they should be performed by a pathologist

Box 4.6 The diagnostic approach to the autopsy mirrors that familiar to clinicians

Clinical medicine Forensic pathology


Take a history from the patient (sometimes a Take a history (of the circumstances leading to death/the dis-
collateral history from relatives etc.) covery of the body) – from police/coroner or other relevant
witnesses.
Ask specific questions relating to body sys- Interrogate the medical records of the deceased to identify
tems (functional enquiry) specific relevant medical history
Consider the issues/questions raised by the death
Consider the need for imaging or other investigations before
the post mortem examination
Physical examination External and internal post mortem examinations
Make a provisional diagnosis (an impression/ Make a provisional diagnosis (if there is enough evidence from
opinion) the objective pathological findings to support an opinion of
the cause of death)
Decide whether investigations are necessary Decide whether further investigations are necessary to refine
to confirm or refute the provisional diagnosis the diagnosis
Consider whether literature search/expert Consider whether literature search/expert consultation is
consultation is required required
Initiate a management plan/treatment plan Carry out microscopic examination/brain dissection (or
observe that dissection if being made by another expert)
Review results of investigations and refine Review findings from all post mortem investigations and
­diagnosis/treatment plan refine cause (and manner) of death diagnosis
46 Violence in society, medicolegal i­nvestigation of death and the autopsy

Box 4.7 The autopsy examination


A short summary of basic techniques is given below. sawn through and removed, leaving the dura
intact. This is then incised and the brain removed
• An incision is made from the larynx or suprasternal
by gentle traction of the frontal lobes while cut-
notch to the pubis. An incision to the suprasternal ting through the internal carotid arteries, cranial
notch may be extended on each side of the neck to nerves, the tentorium and the upper spinal cord.
form a ‘Y’ incision. The extra exposure this brings is • The organs are dissected in a good light with ade-
useful in cases of neck injury or in children. quate water to maintain an essentially blood-free
• The skin on the front of the chest and abdomen
area. Although every pathologist has his or her
is reflected laterally and the anterior abdominal own order of dissection, a novice would do well
wall is opened, with care taken not to damage to stick to the following order so that nothing is
the intestines. The intestines are removed by cut- omitted: tongue, carotid arteries, oesophagus,
ting through the third part of the duodenum as larynx, trachea, thyroid, lungs, great vessels, heart,
it emerges from the retroperitoneum and then stomach, intestines, adrenals, kidneys, spleen,
dissecting the small and large bowel from the pancreas, gall bladder and bile ducts, liver, blad-
mesentery. der, uterus and ovaries or testes and finally the
• The ribs are sawn through, or cut with shears, in
brain.
a line from the lateral costal margin to the inner • Samples should be taken for toxicology and his-
clavicle and the front of the chest is removed. tology as necessary.
• The tongue and pharynx are mobilised by passing • Detailed notes should be made at the time of your
a knife around the floor of the mouth close to the examination and the report (or protocol) should
mandible. These are then removed downward as be written as soon as possible, even if you can-
the neck structures are dissected off the cervical not complete it because further tests are being
spine. performed.
• The axillary vessels are divided at the clavicles, and • All reports should include all of the positive find-
the oesophagus and the aorta are dissected from ings and all of the relevant negative findings,
the thoracic spine as the tongue continues to be because in court the absence of a comment may
pulled forwards and downwards. be taken to mean that it was not examined or
• The lateral and posterior attachments of the dia-
specifically looked for and, if a hearing or trial is
phragm are cut through close to the chest cavity delayed for many months or years, it would not be
wall and then the aorta is dissected off the lower credible to state that specific details of this exami-
thoracic and lumbar spine. nation can be remembered with clarity.
• Finally, the iliac vessels and the ureters can be • The conclusions should be concise and address all
bisected at the level of the pelvic rim and the of the relevant issues concerning the death of the
organs will then be free of the body and can be individual. A conclusion about the cause of death
taken to a table for dissection. will be reached in most cases, but in some it is
• The pelvic organs are examined in situ or they can
acceptable to give a differential list of causes from
be removed from the pelvis for examination. which the court may choose.
• The scalp is incised coronally and the flaps reflected
forwards and backwards. The skull-cap is carefully

specifically trained to undertake such an examination. The autopsy should be performed in a mortuary with
The diagnostic process underpinning an autopsy mir- adequate facilities (Figure 4.1).
rors that utilised in clinical medicine (Box 4.6). However, where there are no trained staff or no ade-
Medicolegal autopsies are a specialised version of quate facilities, which can occur not only in some devel-
the standard autopsy (described in detail in Box 4.7) oping countries but also in some so-called developed
and should be performed by pathologists who have countries that do not adequately fund their medicolegal
had the necessary training and experience in foren- systems, non-specialist doctors may occasionally have
sic pathology, and who are aware of the need to guard to perform autopsies and histopathologists may have
against making the ‘classic mistakes’ and falling foul of to perform medicolegal autopsies. A poorly performed
the ‘common medicolegal misconceptions’ described in autopsy may be considerably worse than no autopsy at
Box 4.8. Box 4.9 lists the ‘basic principles for best prac- all; it is certainly worse than an autopsy delayed for a
tice’ in forensic pathology identified by the Honorable short while to await the arrival of a specialist. The qual-
Stephen Goudge who conducted an Inquiry into paedi- ity of medicolegal autopsies for coroners in England &
atric forensic pathology in Ontario, Canada in 2007. Wales has previously been criticised in a report from
The autopsy 47

Box 4.8 M
 oritz’s ‘classic mistakes in forensic pathology’ and Petty’s ‘devil’s dozen’
medicolegal misconceptions
The ‘classic mistakes’ to be avoided wherever possible: • Only true and suspected homicide victims need
examination.
• Not examining the body at the scene of the crime • The autopsy can properly be carried out without
(wherever possible). a ‘history’.
• Misinterpreting post mortem changes. • Any pathologist is qualified (to perform a medico-
• Being unaware of the objective of the medicolegal legal autopsy).
autopsy. • The autopsy always yields the cause of death.
• Performing an incomplete autopsy. • Poison is always detected by toxicologists.
• Failure to make an adequate examination and • The autopsy must be immediate.
description of external abnormalities. • The autopsy is over when the body leaves the
• Not taking adequate photographs of the evidence. autopsy room.
• Not exercising good judgement in the taking or • Embalming will not obscure the effects of trauma
handling of specimens for toxicologic examination. and disease.
• Permitting the body to be embalmed before per- • The cause and manner of death are the only results
forming a medicolegal autopsy. of the autopsy.
• Confusing the objective with the subjective sec- • The medicolegal autopsy is criminally or prosecu-
tions of the written autopsy report. tion oriented.
• Permitting the value of the autopsy report to be
jeopardised by minor errors.

The ‘devil’s dozen’ of medicolegal misconceptions


to be aware of:

• All physicians are good death investigators. Source: Adapted from Petty CS. The devil’s dozen. Popular
medicolegal misconceptions. South Med J 1971;64:819–823
• The time of death can be precisely determined by and Moritz AR. Classical mistakes in forensic pathology.
the examination of the body. Am J Clin Pathol 1956;26:1383–1397.

Box 4.9 T
 he role of the forensic pathologist: Basic principles for best practice:
The Goudge Inquiry into paediatric forensic pathology in Ontario
1. To ‘think truth’ rather than ‘think dirty’. To do so • Care in recording and preserving information
requires: received pre-autopsy, steps taken at autopsy,
• An independent and evidence-based approach and materials preserved after autopsy.
emphasising the importance of thinking • This transparency is necessary to ensure that
objectively. the pathologist’s opinions can be properly
• Pathology evidence to be observed accurately reviewed and confirmed or challenged.
and followed wherever it leads. 4. The work of the forensic pathologist work at
• Guarding against confirmation bias (where evi- autopsy must be understandable to the criminal
dence is sought or interpreted in order to sup- justice system. The autopsy must be performed so
port a preconceived theory). that it can be described in clear and unambiguous
2. Remain independent of the coroner, police, pros- language to lay people.
ecutors, and defence teams in order to discharge 5. Teamwork is fundamental to sound autopsy prac-
responsibilities objectively, and in an impartial tice. Teamwork promotes excellence.
manner (independence). 6. The forensic pathologist’s practices at autopsy
3. Autopsy findings must be independently review- must be founded on a commitment to quality.
able and transparent. This requires:
48 Violence in society, medicolegal i­nvestigation of death and the autopsy

Figure 4.1 Modern forensic autopsy facilities, including directional overhead lighting – with inbuilt video projection
and recording capability – to facilitate optimal forensic pathological examinations. (Courtesy of Richard Jones.)

Box 4.10 Q
 uality and the medicolegal autopsy: The main findings of the NCEPOD
report ‘The Coroner’s autopsy: do we deserve better?’ (2006)
• 1 in 4 autopsy reports was poor/unacceptable • The following types of case were poorly examined:
(26% of 1691 reports reviewed). • decomposed bodies
• Failure to do an external examination of the body • epilepsy cases
before evisceration by technicians occurred in one • deaths in the very elderly
third of mortuaries. • The presence or absence of injury was not
• No examination of the brain was made in 1 in 7 well-recorded.
cases. • There was poor communication between patholo-
• A questionable cause of death was given in 1 in 5 gist and coroner in many cases.
cases. • Microscopy was only performed in 19% of cases.
• The heart was poorly examined in cases in which a
cardiomyopathy might have been present.

2016 undertaken by the National Confidential Enquiry


into Patient Outcome and Death (NCEPOD) (Box 4.10).
The first crucial part of any autopsy is observation
and documentation and these skills should lie within
the competence of almost every ­doctor. All documenta-
tion should be in writing, and diagrams, drawings and
annotations must be signed and dated at the end of the
examination. Photographs are extremely useful in all
medicolegal autopsies, but are essential in suspicious
deaths. Photographic documentation of injuries should
include a scale and some anatomical reference point for
ease of review.
Many autopsies will require ancillary investigations,
such as radiological, toxicological, biochemical and micro- Figure 4.2 Operative microscopy in the forensic autopsy
scopic analyses (Figures 4.2 and 4.3). These will all have suite facilitates detailed examination and documentation
financial implications. Such matters and unwillingness of pathological findings. (Courtesy of Richard Jones.)
The ‘Minnesota protocol’ 49

such cases to be dealt with by objective, experienced,


well-equipped and well-trained pathologists, and much
of the detail contained within the protocol codifies the
standards already followed by forensic pathologists
when performing suspicious death autopsies in many
countries. Forensic pathologists in England & Wales, for
example, agree to follow the quality standards set out
in a Code of Practice and Performance Standards (see
Box 4.12).
Where the death is definitely due to crime or if there
is a possibility of crime (a suspicious death), the doctor
should attend the scene (locus) before the body is moved
in order to gain an understanding of the surround-
ings, blood distribution in relation to the body and any
other relevant factors (e.g., the presence of weapons)
Figure 4.3 Post mortem radiology is important in many
(Figure 4.5). Precise documentation of attendance, of
cases in forensic pathology. Note the body is enclosed
people present and of the observations should be made.
in a body bag to prevent contamination of the body and
Formal photography (and also video recording where
loss of ‘trace evidence’ from the surface of the body,
appropriate) should be taken of the scene in general, of
prior to autopsy. Hands (and usually feet) are similarly
the body in particular and of any other significant fea-
protected by paper or plastic bags before recovery of a
tures; these should be taken by someone with training
body from a scene. (Courtesy of Richard Jones.)
in forensic photography.
The identity of the body should be confirmed to the
of some individuals to allow autopsy on relatives have doctor by a relative or by a police officer or other legal
been active drivers in exploring other means of undertak- officer who either knows the deceased personally or
ing appropriate examinations to establish cause of death. who has had the body positively identified to them by a
There is substantial interest in many countries into the util- relative or by some other means (e.g., fingerprints).
ity of more modern radiological modalities, such as com- If the remains are mummified, skeletalised, decom-
puted tomography (CT) and MRI, in a post mortem setting, posed, burnt or otherwise disfigured to a point at which
and results of studies suggest that there is potential for vir- visual identification is impossible or uncertain, or if the
tual autopsy (‘virtopsy’) techniques playing a significant identity is unknown, other methods of establishing the
role, where such facilities are available, in reducing the identity of the remains must be used, but the autopsy
requirement for a full autopsy examination (Figure 4.4). cannot be delayed while this is done.
The use of imaging techniques in forensic medicine also If there can be no direct identification of the body, a
has potential for wider application in the clinical setting police officer must confirm directly to the doctor that
for survivors of, for example, manual strangulation or stab- the body or the remains presented for autopsy are those
bing, where injury characteristics can be better defined. that are the focus of the police inquiry.
The body should be examined with the clothing in
place so that material defects caused by trauma that may
The ‘Minnesota protocol’ have damaged the body (e.g., stab wounds, gunshot inju-
The Minnesota Protocol on the Investigation of ries) can be identified and linked to wound sites. When
Potentially Unlawful Deaths (The Revised United Nations removed, the clothing must be retained and exhibited in
Manual on the Effective Prevention and Investigation of a formal ‘chain of custody’ prior to review and analysis.
Extra-legal, Arbitrary and Summary Executions) aims to In suspicious deaths, or if there are any unusual fea-
protect the right to life and advance justice, accountabil- tures, the body should be photographed clothed and
ity and the right to a remedy, by promoting the effective then unclothed and then any injuries or other abnor-
investigation of potentially unlawful death or suspected malities should be photographed in closer detail.
enforced disappearance. The Protocol sets a common X-rays and other radiological imaging techniques
standard of performance in investigating potentially may be ­advisable in victims of gunshot wounds and
unlawful death or suspected enforced disappearance explosions and where there is a possibility of retained
and a shared set of principles and guidelines for States, metal fragments, and are mandatory in all suspicious
as well as for institutions and individuals who play a deaths in children.
role in the investigation. Its full scope is summarised The surface of the body should be examined for the
in Box 4.11. The protocol, which covers all stages of the presence of trace evidence. This includes from items (e.g.,
pathological death investigation process, from scene fibre and paint) and biological samples (e.g., fibres, hair,
examination to ancillary tests, recognises the need for blood, saliva, semen). This examination and subsequent
50 Violence in society, medicolegal i­nvestigation of death and the autopsy

C
B D

D
C C

A
B
A A

Bone gsr Blood


vrt density density density

Figure 4.4 Suicidal pistol contact head shot. Post mortem CT of head showing CT-dense deposits in subcutaneous tis-
sues around entrance (A, see also photo with ample soot in a contact head shot). Skull defect of exit (B). Blood-dense
shapes in brain show hemorrhage along bullet track (C, straight/linear constellation) and blood inside ventricles (D).
(VRT, syngo via [Siemens Germany], segmented anatomy visualizer images. Images courtesy of the Virtopsy Team.)
The ‘Minnesota protocol’ 51

Box 4.11 T
 he scope of The Minnesota Protocol on the investigation of potentially
unlawful deaths
1. The Minnesota Protocol aims to protect the right standards of professional ethics (Section III). It
to life and advance justice, accountability and provides guidance and describes good practices
the right to a remedy, by promoting the effec- applicable to those involved in the investigative
tive investigation of potentially unlawful death or process, including police and other investigators,
suspected enforced disappearance. The Protocol medical and legal professionals and members of
sets a common standard of performance in inves- fact-finding mechanisms and procedures (Section
tigating potentially unlawful death or suspected IV). While the Protocol is neither a comprehen-
enforced disappearance and a shared set of prin- sive manual of all aspects of investigations, nor a
ciples and guidelines for States, as well as for step-by-step handbook for practitioners, it does
institutions and individuals who play a role in the contain detailed guidelines on key aspects of the
investigation. investigation (Section V). A glossary is included
2. The Minnesota Protocol applies to the investiga- (Section VI). Annexes (Section VII) contain anatom-
tion of all ‘potentially unlawful death’ and, mutatis ical sketches and forms for use during autopsies.
mutandis, suspected enforced disappearance. For 4. States should take all appropriate steps to incor-
the purpose of the Protocol, this primarily includes porate Protocol standards into their domestic
situations where: legal systems and to promote its use by relevant
a. The death may have been caused by acts or departments and personnel, including, but not
omissions of the State, its organs or agents, or limited to, prosecutors, defence lawyers, judges,
may otherwise be attributable to the State, in law enforcement, prison and military personnel,
violation of its duty to respect the right to life. and forensic and health professionals.
This includes, for example, all deaths possibly 5. With respect to armed groups, see Report of the
caused by law enforcement personnel or other UN Fact-Finding Mission on the Gaza Conflict,
agents of the state; deaths caused by para- UN doc. A/HRC/12/48, 25 September 2009, para.
military groups, militias or ‘death squads’ sus- 1836. OHCHR, Guiding Principles on Business and
pected of acting under the direction or with the Human Rights, UN doc. HR/PUB/11/04 (2011). 2005
permission or acquiescence of the State; and UN Basic Principles and Guidelines on the Right
deaths caused by private military or security to a Remedy and Reparation for Victims of Gross
forces exercising State functions. Violations of International Human Rights Law and
b. The death occurred when a person was Serious Violations of International Humanitarian
detained by, or was in the custody of, the State, Law (hereafter, UN Basic Principles and Guidelines
its organs, or agents. This includes, for exam- on the Right to Remedy and Reparation).
ple, all deaths of persons detained in prisons, 6. The Protocol is also relevant to cases where the
in other places of detention (official and oth- United Nations, armed non-State groups exer-
erwise) and in other facilities where the State cising State or quasi-State authority, or business
exercises heightened control over their life. entities have a responsibility to respect the right
c. The death occurred where the State may have to life and to remedy any abuses they cause or
failed to meet its obligations to protect life. This to which they contribute. The Protocol can also
includes, for example, any situation where a guide the monitoring of investigations by the UN,
state fails to exercise due diligence to protect regional organizations and institutions, civil soci-
an individual or individuals from foreseeable ety and victims’ families, and can aid teaching and
external threats or violence by non-State actors. training on death investigations. States’ Parties
d. There is also a general duty on the state to inves- to relevant treaties may have specific obligations
tigate any suspicious death, even where it is not that go beyond the guidance set out in the pres-
alleged or suspected that the state caused the ent Protocol. Although some States may not yet
death or unlawfully failed to prevent it. be in a position to follow all of the guidance set
3. The Protocol outlines States’ legal obligations out within it, nothing in the Protocol should be
and common standards and guidelines relating interpreted in such a way as to relieve or excuse
to the investigation of potentially unlawful death any State from full compliance with its obligations
(Section II). It sets out the duty of any individual under international human rights law.
involved in an investigation to observe the highest
52 Violence in society, medicolegal i­nvestigation of death and the autopsy

Box 4.12 Q
 uality assurance and the
forensic pathologist
Forensic pathologists in England, Wales and Northern
Ireland have agreed to standards set out in the ‘Code
of Practice and Performance Standards’ document
produced by the Forensic Science Regulator, the
Royal College of Pathologists, UK Government Home
Office, and the Department of Justice for Northern
Ireland (a separate set of standards also applies in
Scotland).
The quality standards to be met cover all stages
of a death investigation in which the pathologist is
Figure 4.5 Examination of the skeletal remains at a
involved including:
wooded ‘scene’. The forensic pathologist wears appropri-
• The initial contact made with the pathologist. ate protective equipment in order to prevent contamina-
• The briefing (of the circumstances relevant to tion of the remains. The attendance at the ‘scene’ follows
the death) given to the pathologist. discussion with the crime scene manager regarding
• Attendance and examination of scenes of the the health and safety implications of the ‘scene’, the
discovery of the body. approach to the body/remains and a forensic strategy
• The autopsy. for the recovery of ‘trace evidence’, including swabs and
• The autopsy report. ‘tape lifts’ from sites such as exposed skin surfaces and
• Legal conferences. body orifices. (Courtesy of Richard Jones.)
• Interaction with defence pathologists (includ-
ing at so-called ‘second post mortem examina-
tions’ or ‘defence autopsies’). A complete internal examination of all three body
• Attendance at court and giving expert opinion. cavities (cranium, thorax and abdomen), with dissection
of all of the body organs, must be performed to identify
any underlying natural disease.
sampling should be performed by appropriately trained Samples of blood (for blood grouping, DNA analysis,
individuals which may include police officers, Crime toxicology) and urine (for toxicology) will be routinely
Scene Investigators (CSIs)/Scenes of Crime Officers requested by the police. Blood should be collected from
(SOCOs), forensic scientists, forensic pathologists and a large limb vein, preferably the femoral vein, and urine
sometimes forensic physicians. Where samples are to be should be collected through the fundus of the bladder.
taken from the body itself as opposed to the surface of the All samples should be collected into appropriate quality
body – fingernail clippings, head and pubic hair, anal and assured containers, which are sealed and labelled in the
genital swabs – these should be taken by the pathologist. presence of the pathologist. For quality assurance and
Forensic scientists may also wish to examine the preservation of evidence, standardised sampling kits
body using specialist techniques, and the pathologist should be used for all these processes.
must be aware of their needs and allow them access at When poisoning is suspected, other samples, includ-
appropriate times. ing stomach contents, intestinal contents, samples of
Accurate documentation of the external features organs including liver, kidney, lung and brain, may be
of injuries or abnormalities, their position, size, shape requested. The storage, preservation and handling of
and type, is often the most important aspect of a forensic these specimens will depend upon the suspected poi-
examination and often has much greater value in under- son. Specialist advice must be obtained or the samples
standing and in reconstructing the circumstances of may be useless. Specific precautions may be required for
injury than the internal dissection of any wound tracks certain suspected toxic substances and infectious dis-
or of damaged internal organs. eases to protect the pathologist and other investigators.
The internal examination must fulfil two require- Tissue samples should be retained in formalin for
ments: to identify and document injuries and to identify microscopic examination. If there is any doubt, whole
and document natural disease. The former may involve organs, brain and heart in particular, should be retained
the examination of wound tracks caused by knives, bullets for specialist examination.
or other penetrating objects. It may also involve determin- In all of these aspects of the examination, care-
ing the extent and depth of bruising on the body by reflect- ful notes must be kept with appropriate diagrams and
ing the skin from all of the body surfaces and identifying images where necessary. This information will form the
and describing areas of trauma to the internal organs. basis for the post mortem report.
Bibliography and information sources 53

Exhumation above, below and to the sides of the coffin and sub-
mitted for toxicology. Additionally, samples should be
It is rare for a body to be removed from its grave for fur- taken of any fluid or solid material within the coffin;
ther examination; the most common reasons for exhu- these control samples may prove useful if any sugges-
mation are personal, for example, if a family chooses to tion of contamination is raised at a later date. The pro-
move the body or if a cemetery is to be closed or altered. cess must be as rigorous and meticulous as a forensic
In England & Wales a licence from the Ministry of Justice post mortem.
must be applied for before exhumation can be done. Once
a licence is granted the correct site of the grave must be
determined from plans and records of the cemetery, as Bibliography and information
well as inscriptions on headstones. sources
In some countries with a low autopsy rate, for exam- Academy of Medical Royal Colleges. Code of practice for the
ple Belgium, exhumations are more common, as legal diagnosis and confirmation of death. http://odt.nhs.uk/pdf/
arguments about an accident or an insurance claim, for code-of-practice-for-the-diagnosis-and-confirmation-of-
example, require an examination of the body to estab- death.pdf (Accessed 5 April 2019).
lish the medical facts. Bolliger SA, Thali MJ, Ross S, et al. Virtual autopsy using imag-
Logistics need to ensure that the body or human ing: bridging radiologic and forensic sciences: a review of the
remains are examined as quickly as possible. Thus, a virtopsy and similar projects. Eur Radiol 2008;18:273–282.
clear multiprofessional approach is required involving Bolliger SA, Filograna L, Spendlove D, et al. Post mortem imaging-
guided biopsy as an adjuvant to minimally invasive autopsy
amongst others the mortuary, the coroner, the patholo-
with CT and postmortem angiography: a feasibility study. Am
gist, the police and everyone else with a legitimate J Roentgenol 2010;195:1051–1056.
interest in the exhumation. Depending on the reason Burton JL, Rutty GN (eds). The Hospital Autopsy: A Manual of
and state of the burial or cremation site, there may be Fundamental Autopsy Practice, 3rd ed. London: Hodder
additional needs for other disciplines such as forensic Arnold; 2010.
anthropologists and forensic archaeologists. Burton J, Saunders S, Hamilton S. Atlas of Adult Autopsy Pathology.
An examination of a body after exhumation is seldom Boca Raton: CRC Press; 2015.
as good as the examination of a fresh body, but it is sur- Cameron P. Domestic violence among homosexual partners.
prising how well preserved a body may remain and how Psychol Rep 2003;93(2):410–416.
useful such an examination often is. It is almost impos- Coroners and Justice Act 2009 C.25. http://www.legislation.gov.
uk/ukpga/2009/25 (Accessed 5 April 2019).
sible to predict how well preserved a body might be, as
Cubbin C, Pickle LW, Fingerhut L. Social context and geographic
there are so many confounding factors (Figure 4.6). The patterns of homicide among US Black and White males. Am
autopsy that follows an exhumation should be the same J Public Health 2000;90:579–587.
as that performed at any other time, and should be per- Cummings PM, Trelka DP, Springer KM. Atlas of Forensic
formed by a trained forensic pathologist. All relevant Histopathology. New York: Cambridge University Press; 2011.
local protocols should be observed, and dependent on de Araújo EM, Costa Mda C, de Oliveira NF, et al. Spatial distribu-
the reason for the exhumation, relevant samples (e.g., tion of mortality by homicide and social inequalities accord-
for histology, toxicology) must be taken. ing to race/skin color in an intra-urban Brazilian space. Braz J
In cases of possible poisoning, advice must be taken Epidemiol 2010;13(4):549–560.
on the collection of other samples, such as soil from Dettmeyer RB. Forensic Histopathology. Heidelberg: Springer-
Verlag; 2011.
DoH. Department of Health Guidance: Response to the Supreme
Court judgment: deprivation of liberty safeguards. https://
assets.publishing.service.gov.uk/government/uploads/sys-
tem/uploads/attachment_data/file/485122/DH_Consoli-
dated_Guidance.pdf (Accessed 5 April 2019).
DoH. Death Certification Reforms. Draft guidance for registered
medical practitioners. https://www.gov.uk/government/
uploads/system/uploads/attachment_data/file/506784/
Draft_guidance_-_notification_of_deaths_regulations_A.
pdf (Accessed 5 April 2019).
European Agency for Fundamental Rights. Violence against
women: an EU-wide survey. Main results. http://fra.europa.
eu/en/publication/2014/violence-against-women-eu-wide-
survey-main-results-report (Accessed 5 April 2019).
Figure 4.6 Removal of a coffin lid following an exhu- Francisco RA, Evison MP, Costa Junior MLD, et al. Validation of
mation. Liquid mud covers the upper body following a standard forensic anthropology examination protocol by
leakage of the coffin lid as indicated by the arrow. measurement of applicability and reliability on exhumed and
(Reproduced with permission from Saukko P and archive samples of known biological attribution. Forensic Sci
Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.) Int 2017;279:241–250.
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Goudge ST. Inquiry into pediatric forensic pathology in Ontario. Petty CS. The devil’s dozen: popular medicolegal misconcep-
Ontario Ministry of the Attorney General 2008. https://www. tions. South Med J. 1971;64:819–823.
attorneygeneral.jus.gov.on.ca/inquiries/goudge/report/ Pomara C, Karch SB, Fineschi V. Forensic Autopsy: A Handbook and
v1_en_pdf/Vol_1_Eng.pdf (Accessed 5 April 2019). Atlas. Boca Raton: CRC Press; 2010.
Home Office, The Forensic Science Regulator, Department of Registration of Births and Deaths Regulations 1987 No. 2088 (as
Justice, The Royal College of Pathologists. Code of Practice amended). http://www.legislation.gov.uk/uksi/​1987/2088/
and Performance Standards for forensic pathology in contents/made (Accessed 5 April 2019).
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Jones R, Shepherd R. The role of the forensic pathologist. Faculty tigation of extra-legal, arbitrary and summary executions,
of Forensic and Legal Medicine 2017. https://fflm.ac.uk/wp- 1991 (The ‘Minnesota Protocol’). http://www.ohchr.org/
content/uploads/2017/11/Role-of-Forensic-Pathologist-Dr-R- Documents/Issues/Executions/UN​M anual​2015/Annex1_
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Ministry of Justice. Coroners statistics annual 2018. https:// World Health Organisation. Global status report on violence pre-
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Team. Application for a licence for the removal of buried Further general resources
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Wales. https://assets.publishing.service.gov.uk/government/ Boca Raton: CRC Press; 2015.
uploads/system/uploads/­attachment_data/file/326818/ Burton JL, Rutty GN. The Hospital Autopsy: A Manual of Fundamental
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(NCEPOD). The coroner’s autopsy: do we deserve better? nersociety.org.uk/ (Accessed 5 April 2019).
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year ending March 2018. https://www.ons.gov.uk/people- Arbitrary and Summary Executions) 2017.
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HOMICIDE_BOOK_web.pdf).
5 The appearance of the body
after death
▪▪ Introduction ▪▪ Estimation of the post mortem interval
▪▪ The early post mortem interval ▪▪ Biblography and information sources
▪▪ Other post mortem changes ▪▪ Further general resources

Introduction or fragmentation of the columns of blood, sometimes


referred to as ‘trucking’ or ‘shunting’ as the appear-
If irreversible cardiac arrest has occurred, the indi- ance has suggested the movement of railway carriages.
vidual has died and eventually all the cells of the body The eyes themselves lose their intraocular tension.
will cease their normal metabolic functions. From The muscles rapidly become flaccid (primary flaccid-
this point, the changes of decomposition begin. Death ity), with complete loss of tone, but they may retain their
results in extensive biochemical changes in all body reactivity and may respond to touch or taps and other
tissues due to lack of circulating oxygen, altered enzy- forms of stimulation for some hours after cardiac arrest.
matic reactions, cellular degradation, and cessation of Discharges of the dying motor neurons may stimulate
anabolic production of metabolites. These biochemical small groups of muscle cells and lead to focal twitching,
changes may provide chemical markers for helping to although these decrease with time.
more accurately determine the time since death (post The fall in blood pressure and cessation of circulation
mortem interval, or PMI), but as yet no validated studies of the blood usually render the skin, conjunctivae and
exist, although this is a fruitful area for research. mucous membranes pale. The skin of the face and the
Eventually the changes become visible to the naked lips may remain red or blue in colour in hypoxic/conges-
eye. An understanding of the nature and variability of tive deaths. The hair follicles die at the same time as the
these visible changes is important for three reasons: rest of the skin. Neither hair nor nails grow after death,
first, because it is important to know the normal prog- as is sometimes said, although both may appear more
ress of decomposition so that normal changes are not prominent in the post mortem setting.
misinterpreted for signs of an unnatural death; second, Loss of muscle tone after death may result in voiding
that signs of unnatural death are not misinterpreted as of urine and faeces. These findings are sometimes said
signs of a natural death; and third, as the changes may to be pathognomonic of conditions such as deaths from
be relevant in estimating how long the individual has epilepsy or asphyxia but may be present in many other
been dead. causes of death. Post mortem leakage of semen from
The appearance of the body after death reflects PMI- the penile urethra may occur but the presence of semen
dependent changes, but the reliability and accuracy cannot be used as a definite indicator of sexual activity
of supposed traditional markers of the PMI have often before death.
been shown to be false, given their dependence on the Regurgitation of gastric contents is a common fea-
wide variability of biological and environmental factors. ture of terminal collapse and it is a common feature
after cardiopulmonary resuscitation (CPR). Gastric
The early post mortem interval contents are identified in the mouth or airways in a sig-
nificant proportion of all autopsies. The presence of such
Rapid changes after death material cannot be used to indicate that gastric content
When the heart stops and breathing ceases, there is an aspiration was the cause of death unless it is supported
immediate fall in blood pressure and the supply of oxy- by eyewitness accounts or by microscopic identification
gen to the cells of the body ceases. Initially, the cells of food debris in peripheral airways in association with
that can use anoxic pathways will do so until their met- an inflammatory response.
abolic reserves are exhausted, and then their metabo-
lism will begin to fail. With loss of neuronal activity, Rigor mortis
all nervous activity ceases, the reflexes are lost and Rigor mortis is, at its simplest, a temperature-dependent
breathing stops. In the eye, the corneal reflex ceases physicochemical change that occurs within muscle
and the pupils stop reacting to light. The retinal vessels, cells as a result of lack of oxygen. The lack of oxygen
viewed with an ophthalmoscope, show the break-up means that energy cannot be obtained from glycogen
56 The appearance of the body after death

via glucose using oxidative phosphorylation and so ade- In temperate conditions rigor can commonly be
nosine triphosphate (ATP) production from this process detected in the face between approximately 1 and 4
ceases and the secondary anoxic process takes over for hours after death and in the limbs between approxi-
a short time but, as lactic acid is a by-product of anoxic mately 3 and 6 hours after death, with the strength of
respiration, the cell cytoplasm becomes increasingly rigor increasing to a maximum by approximately 18
acidic. In the presence of low ATP and high acidity, the hours after death. Once established, rigor can remain
actin and myosin fibres bind together and form a gel. for up to 2 days or so after death until autolysis and
The outward result of these complex cellular metabolic decomposition of muscle cells intervene and muscles
changes is that the muscles become stiff. However, they become flaccid again. These times are only very rough
do not shorten unless they are under tension. guidelines and can never be absolute.
It is clear from the short discussion above that if mus- It is best to test for rigor across a joint using very
cle glycogen levels are low, or if the muscle cells are acidic gentle pressure from one or two fingers only; the aim is
at the time of death as a result of exercise, the process of to detect the presence and extent of the stiffness, not to
rigor will develop faster. Electrocution is also associated ‘break’ it. If rigor is broken by applying too much force,
with rapidly developing rigor and this may be caused those muscle groups cannot reliably be tested again.
by the repeated stimulation of the muscles. Conversely, However, re-establishment of rigor mortis following
in the young, the old or the emaciated, rigor may be mechanical loosening also occurs with muscular rigid-
extremely hard to detect because of the low muscle bulk. ity at re-establishment equalling, or even exceeding the
Rigor develops uniformly throughout the body but it degree observed before breaking.
is generally first detectable in the smaller muscle groups
such as those around the eyes and mouth, the jaw and Cadaveric rigidity
the fingers. It appears to advance down the body from
‘Cadaveric rigidity’ (also known as ‘instantaneous rigor’,
the head to the legs as larger and larger muscle groups
‘kataleptische Totenstarre’, and ‘spasme cadvérique’) is
become stiffened. The only use of assessing the presence
said to represent the instantaneous post mortem onset
or absence of rigor lies in the estimation of the time of
of rigor mortis, the basis for which is the very occa-
death. The key word here is ‘estimation’, as rigor is such
sional discovery of a body in an unusual position, or of
a variable process that it can never provide an accurate
items gripped firmly in the hand of the deceased before
assessment of the time of death. Extreme caution should
the ‘expected’ onset of rigor. Most cases are said to be
be exercised in trying to assign a time of death based on
related to individuals who are at high levels of emotional
the very subjective assessment of the degree and extent
or physical stress immediately before death and many
of rigor. Charts or tables that assign times since death
historic reports relate to battlefield casualties, but there
based on the assessment of rigor should be viewed with
are many reports of individuals recovered from rivers
great scepticism. On its own, rigor mortis has very little
with weeds or twigs grasped firmly in their hand (Figure
utility as a marker of the PMI because of the large num-
5.1) or the finger of a suicidal shooting found tightly
ber of factors that influence it.
gripping the trigger. It has been argued, however, that
The chemical processes that result in the stiffening
the majority of historical accounts do not stand up to
of the muscles, in common with all chemical processes,
critical scrutiny, and that a more likely explanation is
are affected by temperature: the colder the temperature
the onset of rigor in an individual positioned such that
the slower the reactions and vice versa. In a cold body,
gravity does not cause the gripped object to fall, or con-
the onset of rigor will be delayed and the length of time
strained in some way such as their unusual position is
that its effects on the muscles can be detected will be
maintained.
prolonged, whereas in a body lying in a warm environ-
ment, the onset of rigor and its duration will be short.
It is also important to be aware of the micro-envi- Post mortem hypostasis
ronment around the body when assessing rigor: a Cessation of the circulation and the relaxation of the
body lying in front of a fire or in a bath of hot water will muscular tone of the vascular bed allow simple fluid
develop rigor more rapidly than if it were lying outside movement to occur within the blood vessels. Post mor-
in winter. When the post mortem cooling of a body is tem hypostasis or post mortem lividity (also known
extreme, the stiffening of the body may result from the as livor mortis or suggillation) are the terms used to
physical effects of cooling or freezing rather than rigor. describe the visual manifestation of this phenomenon.
This will become apparent when the body is moved to There is also filling of the dependent blood vessels.
a warmer environment (usually the mortuary) and the The passive settling of red blood cells under the influ-
stiffening caused by cold is seen to disappear as the ence of gravity to blood vessels in the lowest areas of the
body warms. Continued observation may reveal that body is of forensic interest. This results in a pink, pur-
true rigor then develops as the cellular chemical pro- plish or bluish colour to these lowest areas and it is this
cesses recommence. colour change that is called post mortem hypostasis or
The early post mortem interval 57

Figure 5.3 Post mortem hypostasis distribution f­ ollowing


hanging. Note the skin discoloration is in the legs and
hands because of their dependent position in relation to
Figure 5.1 ‘Cadaveric rigidity’ (also known as ‘instan- the vertical body after death.
taneous rigor’). This example represents post mortem
finding is present in a body recovered from water, where The site and distribution of the hypostasis must be
vegetation is seen tightly ‘gripped’ in the hand. considered in the light of the position of the body after
death. A body left suspended by the neck after hanging
may develop deep hypostasis of the lower legs and arms,
lividity. Hypostasis is not always seen in a body and it with none visible on the torso (Figure 5.3), whereas a
may be absent in the young, the old and the clinically body that has partially fallen head first out of bed will
anaemic or in those who have died from severe blood have the most prominent hypostatic changes of the head
loss. It may be masked by those with darker skin tones and upper chest.
and other conditions such as jaundice. If a body has lain face downwards, or with the head
Post mortem hypostasis occurs where superficial in a position lower than the rest of the body, hyposta-
blood vessels can be distended by blood. Compression sis can cause significant problems for interpretation.
of skin in contact with a firm surface, for example, pre- Hypostasis in the relatively lax soft tissues of the face
vents such distension, and results in areas of relative or can lead to intense congestion and the formation of
complete pallor within hypostasis (Figure 5.2). Relative petechial haemorrhages in the skin of the face, and in
pallor within hypostasis may also be caused by pressure the conjunctivae, raising concerns about the possibil-
of clothing or by contact of one area of the body with ity of pressure having been applied to the neck. Areas
another. It is generally considered to develop in the first of pallor around the mouth and nose may also add to
30 minutes after death, becoming very obvious up to the impression of pressure having been applied to those
about 12 hours after death. areas implying ‘suffocation’ (Figure 5.4a–c). In such cir-
cumstances, the pathologist must attempt to exclude
pressure to the mouth, nose and neck as having a role
in the death by careful examination and dissection of
those structures following removal of the brain and
heart, and looking for bruising and skeletal injury.
The colour of hypostasis is variable and may extend
variously from a pinkish hue to dark pink to red to deep
purple and, in some congestive hypoxic states, to blue.
The original skin colour will influence all these apparent
colour changes. It is the positioning of the hypostasis
rather than the colour that has significance and in gen-
Figure 5.2 Post mortem hypostasis in a posterior distri- eral, no attempt should be made to form any conclusions
bution. The body has been rolled to the right side. Areas about the cause of death from these variations of colour.
of pallor can be seen as a result of pressure of the body There are few colour changes that may act as indicators
on a firm surface, whereas parts of the body that had of possible causes of death: the cherry pink colour of
not been in direct contact with that surface are purple/ carbon monoxide poisoning, the dark red or brick red
pink because of the ‘settling of blood under gravity’. This colour associated with cyanide poisoning and infection
body had been lying on its back since death. by Clostridium perfringens, which is said to result in
58 The appearance of the body after death

(a) (b) (c)

Figure 5.4 (a) Post mortem hypostasis pattern on the front of a body found face down on a bed. The linear marks are
formed by pressure from creases in a blanket. Pallor around the mouth and nose are caused by pressure against the
bed and do not necessarily indicate marks of suffocation. (b) Post mortem hypostasis in male who died face down
obliquely across an open drawer - causing the linear pallor across the upper right chest and neck. (c) ‘Cherry red’
hypostasis on the back of the trunk in a case of fatal carbon monoxide poisoning.

bronze hypostasis. Again, these colour changes should diurnal variation), exercise, infection and the
be treated with caution, not overinterpreted, and taken menstrual cycle.
into account with all other findings at post mortem. • The second assumption is that it is possible to take
The presence of hypostasis can give an indication that post mortem body temperature readings and,
a body has been moved after death. For example, if a body using mathematical formulae, to extrapolate that
is found lying prone, but the hypostasis pattern is pres- data and generate a reliable estimate of the time
ent on the deceased’s back, it is a reasonable assumption taken by that body to cool to that measured tem-
that the body was originally positioned supine. Moving a perature.
body several times after death will also have an effect on • The third assumption is that the body has lain in
hypostasis. Even after the normal post mortem coagu- a thermally static environment; this is generally
lation of the blood has occurred, movement of the red not the case and even bodies lying in a confined
blood cells, although severely reduced, still continues. domestic environment may be s­ubject to the
This continued ability of the red blood cells to move is daily variations of the central heating system,
important because changes in the position of a body while the variations imposed on a body lying
after the initial development of hypostasis will result in outside are potentially so great that no sensible
redistribution of the hypostasis and examination of the ‘average’ can be achieved.
body may reveal two overlapping patterns.

Cooling of the body after death


Plateau of variable
The cooling of the body after death cannot be viewed duration
solely as a simple physical property of a warm object in 36.9°C
a cooler environment. If it could, then the estimation of (98.4°F) Temperature° Decomposition
the time since death (the post mortem interval – PMI),
would be a simple process. Newton’s Law of Cooling
Rigor
states that heat will pass from the warmer body to the
cooler environment and the temperature of the body
will fall. However, a human body is not a uniform struc-
ture: its temperature does not fall evenly and, because
each body will be present in its own unique environ-
ment, each will cool at a different speed, depending
upon the many factors surrounding it (Figure 5.5). feels
In order to use body temperature as an indicator cold
of the time of death the following three basic forensic 0 6 12 18 24 30 36 42 48 54
assumptions must be made: Hours after death

• The first assumption is that the body temperature Figure 5.5 The sequence of major changes after death
was 37°C at the time of death. However, many in a temperate environment. Note that the core body
factors affect body temperature in life, including temperature does not show a fall for the first hour or so.
variation throughout any 24-hour period (i.e., The times are only rough estimates.
Other post mortem changes 59

Many other variables and factors also affect the rate This green colour is but an external marker of the pro-
of cooling of a body (Box 5.1) and together they show found changes that are occurring in the body as the gut
why any trained forensic practitioner will be reluctant bacteria find their way out of the bowel lumen into the
to make any pronouncement on a specific time of death abdominal cavity and the blood vessels.
based on the body temperature alone. The blood vessels provide an excellent channel
through which the bacteria can spread with some ease
Other post mortem changes throughout the body. Their passage is marked by the
decomposition of haemoglobin which, when present in
As the PMI increases, the body undergoes ­additional
the superficial vessels, results in linear branching pat-
changes that reflect tissue ‘breakdown’, autolysis and
terns of variable discoloration of the skin that is called
progressive decomposition/putrefaction.
‘marbling’ (Figure 5.6b). Over time, generalised skin
Decomposition/putrefaction discolouration occurs and, as the superficial layers of
the skin lose cohesion, blisters or large bullae contain-
In the cycle of life, dead bodies are usually returned, ing red or brown putrefaction fluid form (sometimes
through reduction into their various components, to gas filled) in many areas (Figure 5.6c and d). When
the chemical pool that is the earth. Some components these burst, the contents are released and the skin
will do this by entering the food chain at almost any sloughs off.
level – from ant to tiger – whereas others will be reduced In temperate climates particularly, considerable
to simple chemicals by autolytic enzymatic processes gas formation in soft tissues and body cavities is com-
built into the lysosomes of each cell. mon and the body begins to swell, with bloating of the
The early changes of decomposition are important face, abdomen, breasts and genitals (Figure 5.7). The
because they may be mistaken for signs of violence or body rapidly becomes unidentifiable. The increased
trauma. internal pressure causes the eyes and tongue to pro-
Decomposition results in liquefaction of the soft tis- trude and forces blood-stained fluid up from the lungs
sues over a period of time, the appearance of which, and which often ‘leaks out’ of the mouth and nose as ‘purge
the rate of progress of which, is a function of the ambient fluid’. Such fluid is frequently misinterpreted by those
temperature: the warmer the temperature, the earlier the inexperienced with decomposition-related changes as
process starts and the faster it progresses. In temperate representing injury-associated haemorrhage. The post
climates the process is usually first visible to the naked mortem appearance can be misleading in many cases,
eye at about 3–4 days as an area of green discoloration of with wrong assumptions being made, for example
the right iliac fossa of the anterior abdominal wall. This about body habitus and ethnic origin.
‘greening’ is the result of the extension of the commensal The role of insects and other animals may be signifi-
gut bacteria through the bowel wall and into the skin, cant in accelerating the decomposition process; domes-
where they decompose haemoglobin, resulting in the tic animals and other predators are not excluded from
green colour. The right iliac fossa is the usual ­origin as this process. As decomposition continues, soft tissues
the caecum lies close to the abdominal wall at this site, liquefy; however, some organs are relatively resistant to
but then can extend throughout the body (Figure 5.6a). putrefaction and may be identifiable for many months.
These include the prostate and the uterus and the ten-
dons and ligaments. Eventually, skeletalisation will be
Box 5.1 E xamples of factors affecting complete and, unless the bones and teeth are destroyed
the rate of cooling of a body by larger animals, they may remain for years.
• No reliable ‘timetable’ for decomposition can be
Mass of the body.
• constructed because environmental factors may favour
Mass/surface area.
• enhanced or delayed decomposition, and such factors
Body temperature at the time of death.
• will generally be unknown to those investigating the
Site of reading of body temperature(s).
• death.
Posture of the body: extended or curled into a
Box 5.2 identifies some of the factors that influence
fetal position.
• decomposition rates.
Clothing: type of material, position on the
body – or lack of it.
• Obesity: fat is a good insulator.
Immersion and burial
• Emaciation – lack of muscle bulk allows a body Immersion in water or burial will slow the process of
to cool faster. decomposition. Casper’s Law (or Ratio) states that: if all
• Environmental temperature. other factors are equal, then, when there is free access
• Winds, draughts, rain, humidity. of air, a body decomposes twice as fast than if immersed
in water and eight times faster than if buried in earth.
60 The appearance of the body after death

(a) (b)

(c) (d)

Figure 5.6 (a) Greening of upper chest wall. (b) Marbling seen in blood vessels in the chest wall. The marbling
­represents decomposition changes within the blood vessels. (c) Skin slippage and fluid collection following decompo-
sition. (d) Blisters and bullae evident – early decomposition.

Box 5.2 E xamples of factors which can


affects rate and manner of
decomposition
• Temperature.
• The availability of oxygen.
Figure 5.7 Putrefaction/decomposition of approximately • Prior embalming.
1 week in temperate summer conditions. Note the ‘bloat- • Cause of death.
ing’ of soft tissues, distortion of facial features and ‘purge • Burial, and depth of burial.
fluid’ emanating from the mouth and nose. • Access by scavengers (insect and animal
predation).
Water temperatures are usually lower than those on • Trauma, including wounds and crushing blows.
land. A body in water may adopt a number of positions, • Humidity, or wetness.
but the most common in the early stage is face down • Rainfall.
with the air-containing chest nearest the surface and • Body size and weight.
the head and limbs hanging dependently lower in the • Clothing.
water. Hypostasis follows the usual pattern and affects • The surface on which the body rests.
the head and limbs, and these areas may also be dam- • Contents of the gastrointestinal tract.
aged by contact with the bottom if the water is shallow
Other post mortem changes 61

Adipocere
Adipocere is a chemical change in the body fat, which is
hydrolysed to a waxy substance with a texture similar
to soap. The need for water means that this process is
most commonly seen in bodies found in wet conditions
(i.e., submerged in water or buried in wet ground) but
this is not always the case and some bodies from dry
vaults have been found to have adipocere formation,
presumably the original body water being sufficient to
allow for the hydrolysis of the fat (Figure 5.11a and b).
Figure 5.8 Disposition of a body floating in water. In the early stages of formation, adipocere is a pale,
Typically, the head and limbs hang down, resulting in rancid, greasy semi-fluid material with a most unpleas-
superficial injuries to the head/face, back of the arms and ant smell. As the hydrolysis progresses, the mate-
hands, knees and top of the feet. rial becomes more brittle and whiter and, when fully
formed, adipocere is a grey, firm, waxy compound that
maintains the shape of the body. The speed with which
and the river, lake or sea bed uneven (Figure 5.8). Often adipocere can develop is variable; it would usually be
such damage must be distinguished from pre-death, expected to take weeks or months, but it is reported to
pre-immersion trauma. Figure 5.9 shows the forehead have occurred in as little as 3 weeks. All three stages of
of a male immersed for 7 days in a tidal river. Most of the adipocere formation can coexist and they can also be
appearance relates to contact with the river bed. Trauma found with areas of mummification and putrefaction if
was excluded as this was a witnessed immersion. the conditions are correct.
The first change that affects the body in water is the loss
of epidermis. Gaseous decomposition progresses and the
bloated body is often, but not always, lifted to the surface Mummification
by these gases, most commonly at about 1 week but this A body lying in dry conditions, either climatic or in a
time is extremely variable. Marine predators are often as microenvironment, may desiccate instead of putrefy –
active as animals found on land and they can cause exten- a process known as mummification (Figure 5.12a and
sive damage (Figure 5.10). Exposure to water can, in some b). Mummified tissue is dry and leathery and generally
cases, predispose to the formation of adipocere, but this brown in colour. It generally occurs in the absence of
is unusual unless a body lies underwater for many weeks. bacterial or insect influence. It is most commonly seen
The effects and the timescale of the changes following in warm or hot environments such as desert and leads
burial are so variable that little can be said other than bur- to the spontaneous mummification of bodies buried
ied bodies generally decay more slowly, especially if they in the sand in Egypt. However, it is not only bodies
are buried deep within the ground. Many factors including from hot dry climates that can be mummified, as the
the level of moisture in the surrounding soil and acidity of
the soil will significantly alter the speed of decomposition.

Figure 5.10 Marine creature predation in a body recovered


from the North Sea after 3 months. Much of the skin has
been removed by crustaceans, and the arm muscles by
Figure 5.9 Forehead of male immersed for 7 days in a larger fish who have cleaned out most of the body cavity.
tidal river – appearance due to movement of body across (Reproduced with permission from Saukko P and Knight B.
river bed, not assault. Knight’s Pathology 4E, London, CRC Press, 2016.)
62 The appearance of the body after death

(a) (b)

Figure 5.11 (a) Adipocere formation. Following burial for 3 years, waxy adipocere forms a shell around the skeleton of
this infant. (b) Advanced adipocere formation after 2.5 years in a grave. Exhumation due to exclusion of an acciden-
tal death (fall) in a bathtub. ([a] Adapted from Simpson’s 13th ed Fig. 5.11b; [b] From Saukko P and Knight B, Knight’s
Forensic Pathology, 4th ed., Chapter 2. CRC Press. London. 2015.)

microenvironment necessary for mummification may Skeletalisation


exist anywhere.
The speed of skeletalisation will depend on many factors,
Mummification of newborn infants whose bodies
including the climate and the microenvironment around
are placed in cool dry environments (e.g., below floor
the body. It will occur much more quickly in a body on the
boards) is common, but adults may also be mummi-
surface of the ground than in one that is buried (Figure
fied if they lie in dry places, preferably with a draught.
5.13). Generally speaking, in a body subject to burial, soft
Mummification is, however, much more likely in the
tissues will be absent by 2 years. Tendons, ligaments, hair
thin individual whose body will cool and desiccate
and nails may be identifiable for some time after that.
quickly.
At about 5 years, the bones will be bare and disartic-
Mummification need not affect the whole body, and
ulated, although fragments of articular cartilage may be
some parts may show the normal soft tissue decomposi-
identified for many years and for several years the bones
tion changes, skeletalisation or formation of adipocere,
will feel slightly greasy and, in a situation where they are
depending on the conditions. Mummified tissues are
cut with a saw, a wisp of smoke and a smell of burning
not immune to degradation and invasion by rodents,
organic material may be present. There are a number of
beetles and moths, especially the brown house moth,
techniques for extracting DNA from bone.
in temperate climates.

(a) (b)

Figure 5.12 (a) Mummification. The skin is dry and leathery following recovery from a locked room for 10 weeks.
(b) Mummification of the hand. ([a] Reproduced with permission from Saukko P and Knight B. Knight’s Pathology 4E,
London, CRC Press, 2016.)
Estimation of the post mortem interval 63

Figure 5.13 Skeletisation.

Figure 5.14 Post mortem animal predation. The wound


Dating bones, as with all post mortem dating, is
margins of these rat bites are free from haemorrhage or
fraught with difficulty. The microenvironment in which
reddening. Such injuries are commonly present around
the bone has lain is of crucial importance and the exam-
the eyes, ears and nose. (Reproduced with permission
ination and dating of bones is now a specialist subject. It
from Saukko P and Knight B. Knight’s Pathology 4E,
is the forensic anthropologist, along with a forensic sci-
London, CRC Press, 2016.)
entist who will have the relevant skills and techniques
to manage this type of material.
In the UK, the medicolegal interest in bones fades rap- of witnesses may not be easily recognisable and may be
idly if a bone from a body is considered to be more than confused with injury sustained in an assault.
70–80 years of age, because even if it was from a crimi- Post mortem injuries do not actively bleed but many
nal death, it is most unlikely that the killer would still do leak blood, especially those on the scalp and in
be alive. However, with longer survival rates, and crimi- bodies recovered from water. The confirmation that a
nal charges being brought against people in their 10th wound is post mortem in origin may be extremely dif-
decade for non-recent sexual abuse, it seems reason- ficult because injuries inflicted in the last few minutes of
able to assume that this timeframe could be extended. life and those that were caused after death may appear
Carbon-14 dating is of no use in this short timescale, exactly the same. In general, post mortem injuries do
but examination of the bones for levels of strontium-90, not have a rim of an early inflammatory response in
which was released into the atmosphere in high levels the wound edges, but the lack of this response does not
only after the detonation of the nuclear bombs in the exclude an injury inflicted in the last moments of life.
1940s, may allow for the differentiation of bones from
before and after that time. Work has been undertaken Estimation of the post mortem
on another radioisotope - 210Pb – but at present there is
no reliable means of accurately dating bones.
interval
Opinions on the post mortem interval (PMI) are fre-
quently sought from forensic practitioners. For a foren-
Post mortem injuries sic pathologist an estimation of PMI is based on the
Dead bodies are not immune to sustaining injuries and pathological findings. While none of the changes after
can be exposed to a wide range of trauma. It is impor- death is capable of providing a precise ‘marker’ of PMI,
tant to bear this possibility in mind when examining the most reliable would appear to be related to the cool-
any body so that pre- and post mortem injuries are not ing of the body after death, where appropriate measure-
confused. ments have been recorded.
Predation by animals and insects can cause serious
damage. If there is any doubt about the nature of bite or Body temperature
other marks, an odontologist or veterinarian should be When considering temperature, it is the core tempera-
consulted (Figure 5.14). In water, fish, crustaceans and ture which is relevant (as opposed to that of the digits or
larger animals can also cause severe damage, but there skin surface). Historically, the temperature of the body
is additional damage caused by the waterlogging of the was taken rectally using a long, low-reading thermom-
skin and the contact movement of the body across the eter (0–50°C was considered to be adequate). However,
bottom or against the banks. Contact with boats and pro- rectal temperature recording can potentially interfere
pellers can lead to patterns of injuries that in the absence with the forensic assessment of the area particularly
64 The appearance of the body after death

with regard to determining the location and presence enzyme and electrolyte levels elsewhere in the body,
of biological materials such as semen, blood or hair. remain as interesting research tools but none has been
Electronic temperature probes allow the use of other widely accepted in routine case work as they have not
orifices, including the nose and ear, for temperature yet been proved to be valid.
taking, although it must be accepted that these loca-
tions are unlikely to register the same temperature as
Other techniques used in estimating or
the deep rectum or the liver.
The most widely recognised means of estimating the corroborating PMI
time of death with temperature is Henssge’s nomogram Forensic entomology has an important role in estab-
(see Box 5.3). Crucially, the 95 per cent accuracy claimed lishing time of death, but as with other methods the
for this method is, at best, only 2.8 hours on either side accuracy and limitation of such determinations must
of the most likely time (a total spread of over 5.5 hours). be understood. Forensic entomologists can deter-
Henssge’s nomogram relies on three measurements mine a probable time of death – in the region of days
– body temperature, ambient temperature and body to months – from examination of the populations and
weight – and lack of accuracy in any one of these will stages of development of the various insects that invade
substantially degrade the final result. Corrective factors a body. The use of insects to estimate PMI requires
can be applied to allow for clothing, air movement and/ knowledge of the insect’s life cycle, the relationship of
or water (Table 5.1). Whilst the use of the nomogram is the insect to the remains, and the relationship of the
advocated by forensic pathologists in some jurisdictions, remains to the habitat in which they are discovered.
it has enjoyed limited acceptance in the UK, and realisti- Insects pass through a number of distinct stages dur-
cally it should be accepted that the results it provides are ing their life cycle. For example, a female blowfly in the
an indicator of a range of time of death and actual time of family Calliphoridae arrives at the body and deposits
death may still lie outside the range provided. eggs in body openings associated with the head, anus,
Indeed, the need to record the ambient temperature and genitals, or in wounds. Following hatching, larvae
poses one of the major problems because of fluctuating or maggots feed on the decomposing tissues. There are
temperatures at the scene. The first police officers or three larval stages, with a moult (an instar) in between
scientists at the scene should always be encouraged to each stage. Once the maggot is fully developed, it
take the ambient temperature adjacent to the body and ceases to feed and moves away from the remains before
to record the time that they made their measurement. pupariation. The puparium is an inactive stage during
This, however, may give rise to concerns about inter- which the larval tissues are reorganised to produce the
pretation of physical findings (dependent on how and adult winged fly (Figure 5.15a and b). The time from
by what route the temperature is taken). Occasionally egg laying through the instars to pupation varies from
meteorological data sources can assist in providing such species to species and the ambient temperature, but
information. with the relevant expertise a PMI can be determined
In the past various ‘rules of thumb’ have been used to from these data.
calculate the time of death from the body temperature Other animals, both large and small, will arrive to
but like most ‘rules of thumb’ they are not derived from feed on the body, with the species and the rapidity of
any evidence base and should be considered as simple their arrival depending on the time of year and the envi-
guesswork, and not to be used in forensic practice. ronment. The examination of buried bodies or skeletal
Additionally, the perceived temperature of the body remains may require the combined specialist skills of
to touch is mentioned in court as an indicator of the time the forensic pathologist, an anthropologist, an odon-
of death; this assessment is so unreliable as to be useless tologist and an entomologist.
and is even more so if the pathologist is asked to com- Analysis of gastric contents – other than for toxicolog-
ment upon the reported observations of another person. ical purposes – may assist in an investigation, but cannot
The UK Forensic Science Regulator, which sets quality reliably be used to accurately determine time of death
standards for the provision of forensic science services, although it may provide an indicator within a 6 hour or
has issued guidance on the application of post mortem so timeframe (see Box 5.4). The presence or absence, and
cooling methods to the estimation of time since death nature (if present), of gastric contents may be very useful
and unambiguously states that the pathologist must in terms of corroborating accounts of witnesses. Review
make clear to the investigator that the accuracy of the of such evidence generally requires full retention of gas-
estimate cannot be determined, and that it should not tric contents, analysis by a forensic scientist, interpreta-
be used to define the period in which death occurred. tion by a forensic physician or gastroenterologist, and
Various other methods have been researched in as review of pre-death medical records and post mortem
yet unsuccessful attempts to find a technique to deter- findings. In some cases, plant analysis can provide a reli-
mine time of death. Biochemical methods, includ- able estimation for skeletal remains dating, when tradi-
ing vitreous humour potassium levels and changes in tional techniques are not applicable. Forensic botany is a
Estimation of the post mortem interval 65

Box 5.3 The rectal temperature: Time of death relating nomogram


ve factors
correcti
Using ak ed–still air)
(n 2,8
dard
Stan 20 24 28
32 2,8
15
10 20 24
35 5 15 28 36
10
14 16 18 20 22 200
5
10
12
14 16 18
24 180 40
2
6 10
12 20 160 34
6 10 12 14 16 140
2 8 44
30 6 10 12 14 120 24 30
2
6
8
10 12 110 20 38
8 100 26
2 18 48
6 10 33
2
4
6
8 90 14
16 22
28
10 20 42
4 8 12
25 2 6
8 16
18 24 36 52
4 10
2 6 14 22 31
4 8 12 20 46
80 2 6
10 18
26
56
4 6 8 24 40
70 2 16

4,5
4 6 28
20 14 22 A

3,2
60 2 4 12 50 60
10 20 35
4 8 26 M
50 2 6
16
18
24 30 B
3 45
40 2 3 5
14 22 28 55 65 I
2 12
10 30 1 2 4 10 20 26 40
E
2 8 18 24 34 N
20 1 6 16 50 60 70 T
22
5 14 32
15 1 12
20
30 45 75 °C
4 18 55 65
10 10 10 28 35
6 16
26 40 80 10
8 14 50 60 70
24 35

7,0
4,5
7 12 22 40 45
30 55
6 20 35 80
5 10
18 25 40 45 50 60 70 5
30
16 35 40
10 25 30 50
80
10 15 20 25 30
40 50 60 70
40 50 60
0 30 40 50 80
60 70 0
°C
10 20 40 60 80 100 120 160 200
R 15 30 50 70 90 110 140 180
E 5
C KILOGRAM
T
U
M
10

15

20

This nomogram is for ambient temperatures up to proportionally adjusted by corrective factors of the
25°C. Permissible variation of 95% (+/− h). The Henssge real body weight, giving the corrected body weight by
nomogram expresses the death-time (t) as follows: which, the death-time is to be read off. Factors above
1.0 may correct thermal isolation conditions and fac-
Trecturm − Tambient tors below 1.0 may correct conditions accelerating the
= 1.25 exp (Bt) − .25 exp (5Bt);
37.2 − Tambient heat loss of a body.
B = −1.2815 (kg−.625 ) + .0284
How to read off the time of death
The nomogram is related to the chosen standard; Connect the points of the scales by a straight line accord-
that is, a naked body extended lying in still air. Cooling ing to the rectal and the ambient temperature. It crosses
conditions differing from the chosen standard may be the diagonal of the nomogram at a specific point.
(Continued)
66 The appearance of the body after death

Box 5.3 (Continued) The rectal temperature: Time of death relating nomogram
Draw a second straight line going through the • No strong fever or general hypothermia.
centre of the circle, below left of the nomogram, and • No uncertaina severe changes of the cooling con-
the intersection of the first line and the diagonal. The ditions during the period between the time of
second line crosses the semicircle of the body weight death and examination (e.g., the place of death
and the time of death can be read off. The second line must be the same as where the body was found).
touches a segment of the outermost semicircle. Here • No high thermal conductivity of the surface
can be seen the permissible variation of 95%. beneath the bodyb.
Example: temperature of the rectum 26.4°C; ambient
temperature 12°C; body weight 90 kg.
Result: time of death 16 ± 1.8 hours. Statement: the a Known changes can be taken into account: a change of the
death occurred within 13.2 hours and 18.8 hours (13
ambient temperature can often be evaluated (e.g., contact the
hours and 19 hours) before the time of measurement weather station); use the mean ambient temperature of the
(with a reliability of 95%). period in question. Changes by the actions of the investigators
(e.g., taking any cover off) since finding the body are negligible:
Note: if the values of the ambient temperature and/ take the conditions before into account.
or the body weight are called into question, repeat b  Measure the temperature of the surface beneath the body too.
the procedure with other values which might be pos- If there is a significant difference between the temperature
sible (see Table 5.1 for ‘corrective factors’). The range of of the air and the surface temperature, use the mean. This
death-time can be seen in this way. representation of the nomogram should not be used for
actual cases, as distortion of the scales in reproductions can
Requirements for use cause error. The original form can be downloaded from http://
www.rechtsmedizin.uni-bon.de/dienstleistungen/for_Med/
• No strong radiation (e.g. sun, heater, cooling todeszeit. A detailed analysis of the use of the nomogram can
system). be found in ‘Estimation of time since death’.

Table 5.1 Empirical corrective factors of body weight


Corrective Wet-through clothing/covering
Dry clothing/covering In air factor wet body surface In air/water
3.5 Naked Flowing
0.5 Naked Still
0.7 Naked Moving
0.7 1–2 thin layers Moving
Naked Moving 0.75
1–2 thin layers Moving 0.9 2 or more thicker Moving
Naked Still 1.0
1–2 thin layers Still 1.1 2 thicker layers Still
2–3 thin layers 1.2 More than 2 thicker layers Still
1–2 thicker layers Moving or still 1.2
3–4 thin layers 1.3
More thin/thicker layers Without influence 1.45
Thick bedspread + clothing 1.8
Combined 2.4
Note: For the selection of the corrective factor of any case, only the clothing or covering of the lower trunk is relevant!
Personal experience is needed, nevertheless this is quickly achieved by the consistent use of the method.
Biblography and information sources 67

(a) (b)

Figure 5.15 (a) Maggot infestation of a body recovered from heated premises approximately 2 weeks after death.
Forensic entomology may assist in estimating post mortem interval (PMI) in such cases. (b) Maggot infestation below
skin surface – note also mummification of fingertips.

Box 5.4 Gastric contents and the post mortem interval: The ‘Truscott Case’
In 1959, a 12-year-old girl, Lynne Harper, was found must have died between 1½ and 2 hours after her last
dead in woodland in Ontario, Canada. She had been meal had finished, a time period in which Steven was
strangled and sexually assaulted. A 14-year-old boy, thought to have had ‘exclusive opportunity’ to kill her.
Steven Truscott, was convicted of her murder and sen- Her body was found two days after her disappear-
tenced to death, although this was later commuted to ance, and the environmental conditions in the area had
life imprisonment. His conviction was quashed in 2007, been hot and damp. Evidence of decomposition, how-
following a second ‘Reference’ to the Court of Appeal. ever, was lacking raising the possibility that she had
Whilst there appeared to be agreement amongst been killed at a later time than was suggested by the
the expert witnesses at trial, and at subsequent appeal crown.
hearings, that Lynne had died as a result of strangula- It was recognised on appeal that gastric empty-
tion (a ligature fashioned out of her blouse), there was ing times were subject to variation precluding its use
intense controversy regarding the pathological assess- as a reliable factor in the assessment of time of death,
ment of the post mortem interval. although it might assist an investigation in other ways,
The Crown case was that, due to the presence of such as confirming that death occurred after a particu-
recognisable food particles (vegetable matter and lar meal was eaten.
possibly meat) within the stomach contents, Lynne

newer discipline that includes many subdisciplines such Belsey SL, Flanagan RJ. Post mortem biochemistry: ­current appli-
as palynology (including mycology), anatomy, dendro- cations. J Forensic Leg Med 2016;41:49–57.
chronology, limnology and ecology and its role is likely Brown A, Marshall TK. Body temperature as a means of estimat-
to continue to develop in the future. ing time of death. Forensic Sci 1974;4:125–133.
In all cases of determination of PMI, it is for the foren- Burger E, Dempers J, Steiner S, Shepherd R. Henssge nomogram
typesetting error. Forensic Sci Med Path 2013;​9:​615–617.
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Press; 2016. CRC Press; 2015.
6 Death from natural causes

▪▪ Introduction ▪▪ Gynaecological conditions


▪▪ Cardiovascular system ▪▪ Deaths from asthma and epilepsy
▪▪ Respiratory system ▪▪ Bibliography and information sources
▪▪ Gastrointestinal system

Introduction The World Health Organisation (WHO)’s defini-


tion of a sudden death is death within 24 hours of the
In those countries where death is certified, the respon- onset of symptoms, but in forensic practice most sud-
sibility for certification falls either to the doctor who den deaths occur within minutes or even seconds of
attended the patient during life or a doctor who has suf- the onset of symptoms. Indeed, it is very likely that a
ficient knowledge of the clinical history to give a reason- death that is delayed by hours will not be referred to the
able assessment of the cause of death. Many studies have Coroner or other medicolegal authority, as a diagnosis
shown that there is a large error rate in death certificates may well have been made, and a death certificate can be
and that in 25–60 per cent of deaths there are significant ­completed by the attending doctors.
differences between the clinician’s presumption of the It is crucial to remember that a sudden death is not
cause of death and the lesions or conditions identified necessarily unexpected and an unexpected death is
at autopsy. not necessarily sudden, but these two factors are often
Thus, raw epidemiological data must be treated ­combined.
with some caution. All doctors should take the task of
certifying the cause of death very seriously but, often
it is a job usually delegated to junior staff with least Cardiovascular system
­experience.
In England and Wales following a number of reviews Disease of the heart
and introduction of legislation, it was intended that all When a natural death is very rapid, the most common
deaths would be scrutinised by independent, senior cause of irreversible cardiac arrest is a cardiovascular
­doctors (referred to as a Medical Examiner) who would abnormality. While some degree of geographical varia-
consult with attending doctors on the wording of the tion is to be expected, the following lesions are the most
cause of death given on the Medical Certificate of Cause significant as causes of sudden unexpected death.
of Death (MCCD), and to discuss any concerns with the
bereaved relatives. From April, 2019 a non-statutory
Medical Examiner system has been rolled out in England Coronary artery disease
& Wales with the intention of it becoming a statutory Narrowing of the lumen of a coronary artery (stenosis)
system extending into primary care in the future. In by atheroma may lead to chronic ischaemia of the mus-
Scotland, however, the Death Certification Review cle supplied by that artery. If the myocardium becomes
Service, which is run by Healthcare Improvement ischaemic, it may also become electrically unstable,
Scotland and checks on the accuracy of a sample of predisposing to the development of an abnormal heart
MCCDs, was established in 2015. The reviews are rhythm – an arrhythmia. The oxygen requirement of
designed to: improve the accuracy of MCCDs; provide the myocardium is related to the heart rate; an increase
better quality information about causes of death so that in heart rate, for example during exercise, following a
health services can be better prepared for the future; and large meal or as a consequence of a sudden adrenaline
ensure that the processes around death certification are response to stress, anger, fear or other such emotion will
robust and have appropriate safeguards in place. lead to an increase in myocardial oxygen demand. If
There is a different approach to sudden and unex- that increased oxygen demand cannot be met, because
pected deaths, as these deaths are usually reportable of limitation of blood flow through the stenotic ves-
to the authorities for medicolegal investigation. In sel, the myocardium distal to the stenosis will become
England & Wales, doctors should only issue a death cer- ischaemic. Ischaemia does not invariably lead to myo-
tificate if they are satisfied that they know the cause of cardial infarction, it just needs to be enough to initiate
death and that it is from natural causes. a potentially fatal arrhythmia and, particularly if that
70 Death from natural causes

part of the heart rendered ischaemic includes one of the (a)


pace-making nodes or a major branch of the conducting
system, the risk that rhythm abnormalities will develop
is substantially increased.
Complications related to atheromatous plaques may
worsen the coronary stenosis and the subsequent myo-
cardial ischaemia by a number of mechanisms. Bleeding
may occur into a plaque. This may be seen as sub-inti-
mal haemorrhage at autopsy. Sudden expansion of the
plaque may lead to rupture, which may also occur if the
plaque ulcerates. When a plaque ruptures, the extruded
cholesterol, fat and fibrous debris which will flow down
the coronary artery and impact distally, often causing
multiple small areas of infarction. The endothelial cap (b)
of a ruptured plaque may act as a flap valve within the
vessel and cause a complete obstruction.
An atheromatous plaque is also a typical site for the
development of thrombus, which will further reduce the
cross-sectional area of the vessel lumen without neces-
sarily fully blocking the vessel.
Coronary thrombosis underlies most of the compli-
cations of coronary artery atherosclerosis, including
unstable angina, acute myocardial infarction and sud-
den cardiac death (SCD) but such thrombi are found
with variable frequency at autopsy of between 13 and
98 per cent (Figure 6.1a and b).
Myocardial infarction occurs when there is severe
stenosis or complete occlusion of a coronary artery so
Figure 6.1 Significant coronary artery atherosclerosis
that the blood supply is insufficient to maintain oxy-
and acute thrombosis. (a) Macroscopic and
genation of the myocardium. If there is adequate collat-
(b) microscopic appearance. (Courtesy of Richard Jones.)
eral circulation, blood can still supply the myocardium
by other routes. The fatal effects of an infarction may in relation to sudden death. SCD is defined as the unex-
develop at any time after the muscle has become isch- pected death without an obvious noncardiac cause that
aemic (Figure 6.2a–d). occurs within 1 hour of witnessed symptom onset (estab-
The area of muscle damaged by a myocardial infarc- lished SCD) or within 24 hours of unwitnessed symptom
tion is further weakened by the process of cellular onset (probable SCD). In the United States, its incidence
death and the generalised inflammatory response to is 69/100,000 per year. Dysfunctions of the cardiac con-
these necrotic cells. The area of the myocardial infarct duction and autonomic nervous systems are known to
is most at risk between 3 days and 1 week after the clini- contribute to SCD pathogenesis. Many different abnor-
cal onset of the infarction and it is at this time that the malities have been found; it may be difficult to deter-
compromised area of myocardium may rupture, lead- mine if conduction system lesions are the cause of a fatal
ing to sudden death from a haemopericardium and car- arrhythmia or merely an incidental finding but, in the
diac tamponade (Figure 6.3a). The rupture occasionally absence of any other abnormality, it may be reasonable
occurs through the interventricular septum, resulting to conclude that they were a significant factor in causing
in a left–right shunt. If a papillary muscle is infarcted, the death. The Swiss Society of Legal Medicine has made
it may rupture, which may cause mitral valve prolapse, recommendations to combine forensic post mortem
which itself may be associated with sudden death or cardiac examination and clinical recommendations for
may present as a sudden onset of valve insufficiency genetic testing of inherited cardiac diseases to optimise
with heart failure (Figure 6.3b). the diagnostic procedures and preventive measures for
An area of infarction heals by fibrosis, and fibrotic living family members. The key points of the recommen-
plaques in the wall of the ventricle or septum may also dations are:
interfere with physical or electrical cardiac function.
Cardiac aneurysms may form at sites of infarction, • A forensic autopsy for all SCD victims under 40
which have the potential to calcify and rupture. years of age.
Physical lesions in the cardiac conducting system • The collection and storage of adequate samples for
have been studied intensively in recent years, especially genetic testing.
Cardiovascular system 71

(a) (b)

(c) (d)

Figure 6.2 Myocardial infarction. (a) Macroscopic appearance of acute left-ventricular myocardial infarction.
(b–d) Microscopic appearance of myocardial infarction with early necrosis (b), organisation including residual haemo-
siderin-laden macrophages and fibroblasts (c), and extensive replacement fibrosis (d). (Courtesy of Richard Jones.)

• Communication with the families. epidemic. Regular physical activity is associated with
• A multidisciplinary approach including cardioge- lower blood pressure, reduced cardiovascular risk, and
netic counselling. cardiac remodelling. While exercise and hypertension
can both be associated with the development of left ven-
Hypertensive heart disease tricular hypertrophy (LVH), the cardiac remodelling from
hypertension is pathological with an associated increase
Long-standing hypertension can result in cardiac
in myocyte hypertrophy, fibrosis, and risk of heart failure
remodelling, manifested by left ventricular hypertrophy
and mortality, whereas LVH in athletes is generally non-
(and cardiomegaly). Although the ‘normal heart weight’
pathological and lacks the fibrosis seen in hypertension.
(approximately 400 g for the average male) is dependent
on body size/weight, an enlarged heart predisposes an
individual to chronic myocardial hypoxia and electri- Aortic stenosis
cal instability which, when combined with a trigger, can Aortic stenosis is a disease that classically affects older
result in a fatal arrhythmia. Some authors consider a individuals with calcified tricuspid aortic valves, but
heart weight of greater than 500 g to represent an inher- may also be seen in younger people who have a congen-
ently unstable heart. Hypertensive heart disease fre- ital bicuspid aortic valve. It is the most common form
quently coexists with coronary artery atherosclerosis, of valvular heart disease. Angina, exertional syncope
increasing the potential for the development of fatal and heart failure are key symptoms indicating a need
arrhythmias at times of cardiovascular ‘stress’. There are for intervention. The accompanying myocardial hyper-
regional and ethnic variations in the incidence of such trophy is similar to that caused by hypertension – lead-
diseases but in general the global burden of hyperten- ing to LVH – which may, in some cases, produce heart
sion is rising and accounts for substantial morbidity weights of over 700 g.
and mortality. Lifestyle factors such as diet and physical In aortic stenosis, myocardial perfusion is worsened
inactivity contribute to this burden, further highlighting by the narrow valve, which results in a lower pressure at
the need for prevention efforts to curb this public health the coronary ostia and hence in the coronary arteries.
72 Death from natural causes

(a) to determine. In very general terms the senile heart is


small, the surface vessels are tortuous and the myocar-
dium is soft and brown owing to accumulated lipofus-
cin in the cells, but otherwise potentially fatal changes
are similar to those in the younger population.

Primary myocardial disease


Primary diseases of the myocardium are much less com-
mon than the degenerative conditions described above
and they commonly affect a significantly younger age
group. They include conditions where there is a struc-
tural abnormality of the heart that is visible to the naked
eye and/or under the microscope (myocarditis and the
cardiomyopathies) and those conditions having no rec-
(b) ognisable morphological/structural abnormality (the
channelopathies).
Myocarditis has multifactorial aetiology and occurs
in many infective diseases, such as diphtheria and viral
infection, including influenza. Complications, includ-
ing sudden death, associated with the infection may
occur some days or even weeks after the main clinical
symptoms. Myocarditis may sometimes be suspected
from visual inspection because of the presence of pale
or haemorrhagic foci in the myocardium (having a ‘mot-
tled’ appearance), although histological confirmation of
multifocal inflammatory cell infiltrates and associated
Figure 6.3 Complication of myocardial infarction: hae- myocyte necrosis requires extensive sampling at post
mopericardium. (a) The pericardial sac has been opened mortem examination (Figure 6.4). Inflammation of the
to reveal a heart surrounded by blood clot. During the pericardium may occur for many reasons, for example
healing process, an area of infarcted myocardium has after myocardial infarction or following viral infection.
weakened to such an extent that it has ruptured. The Figure 6.5 shows the effects of chronic pericardial
accumulation of blood within the intact pericardial sac inflammation with the formation of fibrous adhesion
leads to compression of the heart, interfering with its bands between the inner aspect of the pericardium and
ability to pump blood effectively (cardiac tamponade), the epicardium of the heart.
and to cardiac arrest. (b) Typical appearance of pitting Most cardiomyopathies are familial diseases.
ankle oedema (caused by compression from socks) in Cascade family screening identifies asymptomatic
patients with heart failure. ([a] From Burton J, Saunders S,
Hamilton S. Atlas of Adult Autopsy Pathology. Boca Raton:
CRC Press 2015; Fig. 3.5b page 55.)
*
*
Sudden death is common in these patients. The devel-
opment of symptoms in patients with severe aortic
stenosis predicts a high likelihood of mortality. Aortic
valve replacement is needed in such cases. In asymp-
tomatic patients, the risk of sudden death is perceived to
be low varying among studies from 0.25 to 1.7 per cent *
per year. Many advocate conservative management of
these patients until symptoms develop.

Senile myocardial degeneration


Senescence is a well-accepted concept in all animals, Figure 6.4 Myocardial inflammation – an ­inflammatory
and an increasing number of humans are surviving into cell infiltrate (arrows) between myocytes showing
their 10th and 11th decades. The cause of a sudden death ­contraction band necrosis (*).
in these elderly individuals can often be very difficult (Courtesy of Richard Jones.)
Cardiovascular system 73

disturb action potential conduction, depolarisation/


repolarisation gradients, or Ca 2+ homeostasis with
potential arrhythmogenic consequences. Defects in
genes encoding myocyte contractile units have been
characterised and these affect the function of sodium,
potassium and calcium channels. Patients may pres-
ent with symptoms of palpitations or haemodynamic
compromise, including dizziness, seizure or syncope,
particularly following exertion. In all inherited car-
diac death syndromes, first-degree relatives should be
referred to a cardiologist and should undergo testing
appropriate for the condition.
The main syndromes currently recognised include
Wolff–Parkinson–White, long QT syndrome, Brugada
syndrome, short QT syndrome, and catecholaminergic
Figure 6.5 Fibrinous pericarditis (arrow points to
polymorphic ventricular tachycardia.
­fibrinous deposits on the epicardial surface of the heart).
Pathologically, there are no macroscopic (visible to
the naked eye) or microscopic abnormalities in the heart
patients and family members with early traits of disease.
as the defects are at a molecular level (at the ryanodine
The inheritance is autosomal dominant in a majority of
receptor, for example). Molecular investigations must be
cases, and recessive, X-linked or matrilinear. There are
key elements in the post mortem investigation of such
a number of disorders including:
presumed SCDs with a structurally normal heart.
• Hypertrophic cardiomyopathy (HCM), which is
an inherited disease of cardiac muscle sarcomeric Diseases of the arteries
proteins, characterised by symmetrical or asym-
metrical hypertrophy, a sub-aortic mitral ‘impact The most common lesion of (extracardiac) arteries
lesion’ and myocyte disarray. This is an autosomal associated with sudden death is the aneurysm. Several
dominant cardiac disorder, with interstitial fibro- varieties must be considered as they are very commonly
sis and small vessel disease, with or without mac- found in sudden unexpected death autopsies.
roscopic hypertrophy. More than 100 mutations in
ten genes, all encoding sarcomeric proteins, have Atheromatous aneurysm of the aorta
been identified as responsible for this disease.
These aneurysms are most commonly found in elderly
• Dilated cardiomyopathy (DCM), which may be a
individuals in the abdominal region of the aorta (Figure
primary disorder, or a secondary phenomenon (for
6.6a and b). In 2014, the prevalence of abdominal aortic
example following chronic alcohol misuse).
aneurysm (AAA) was reported to be between 1 and 12.7
• Arrhythmogenic right ventricular cardiomy-
per cent (mean 5.7%, median 5%).
opathy (ARVCM), an inherited cardiomyopa-
They are formed when the elastic component of the
thy characterised by fibro-fatty replacement of
aortic wall underlying an atheromatous plaque is dam-
predominantly the right ventricle (RV). Patients
aged and the aortic wall balloons due to blood pressure.
are predisposed to life-threatening ventricular
The aneurysms may be saccular (expanding to one side)
arrhythmias and generally slowly progressive
or fusiform (cylindrical). The wall of the aneurysm is
ventricular dysfunction. The disease is inherited
commonly calcified and the lumen is commonly lined
as an autosomal dominant trait with incomplete
by old laminated thrombus.
penetrance and variable expressivity.
Many aneurysms remain intact and are found as
The cardiomyopathies are an important group of condi- an incidental finding at autopsy, but others eventually
tions linked to sudden death in the young, and are of par- rupture. The rupture may be repaired by either endovas-
ticular importance in deaths occurring during exercise, cular or open surgical techniques if diagnosed in time,
or on the athletic field. but many individuals die too quickly for any help to be
The channelopathies are a group of disorders rep- given. The endovascular repair has a lower 30-day mor-
resenting a proportion of sudden deaths, presumed tality rate, but in both cases a mortality of around 20 per
to be of cardiac origin. SCD following ventricular cent if the patient was haemodynamically unstable, and
tachyarrhythmias constitutes an important clinical nearer 40 per cent if stable. The aorta lies in the retro-
cause of mortality; 4 per cent of cases may involve ion peritoneal space and that is often where the bleeding is
­channel-mediated cellular excitation in structurally found; it may lie to one side and envelop a kidney. Rarely,
normal hearts. Changes in these mechanisms may the aneurysm itself, or the retroperitoneal haematoma,
74 Death from natural causes

(a) (a)

(b)
(b)

Figure 6.6 (a) A saccular aneurysm of the abdominal


aorta. (b) A perforated abdominal aortic aneurysm:
forceps have been passed through the perforation.
(Courtesy of Richard Jones.)
Figure 6.7 Thoracic aortic dissection. The origin of the
ruptures through the retroperitoneal tissues to cause
dissection is in the aortic root, just above the tricuspid
haemoperitoneum.
aortic valve (a) with a plane of dissection in the aortic
Dissecting aneurysm of the aorta media (b). (Courtesy of Richard Jones.)

The damage caused by an atheromatous plaque can also


result in an intimal defect and weakening of the media, be medial degeneration. In such patients who survive
allowing blood from the lumen to dissect into this weak- the initial dissection, there is a further risk of re-dissec-
ened arterial wall. Once the dissection has started, the tion in the future.
passage of blood under pressure extends the dissection
along the aortic wall. The most common origin of a dis- Syphilitic aneurysms
secting aneurysm is in the thoracic aorta and the dissec- Syphilitic aneurysms are rare since the introduction of
tion usually tracks distally towards the abdominal region, antibiotics but should always be considered as an aetio-
sometimes reaching the iliac and the femoral arteries. In logical factor in patients with aortic aneurysms. The rar-
fatal cases, the track may rupture at any point, resulting in ity reflects effective treatment of primary and secondary
haemorrhage into the thorax or abdomen. Alternatively, it syphilis, but they are still encountered in routine autop-
can dissect proximally around the arch and into the peri- sies on old people and in individuals from areas without
cardial sac, where it can produce a haemopericardium, an established healthcare system. The aneurysms are
cardiac tamponade and sudden death. Involvement of the thin walled; they are most common in the thoracic aorta
renal arteries can result in renal failure. and especially in the arch. It is assumed Treponema
Dissecting aneurysms (Figure 6.7a and b) are princi- pallidum invades the aortic wall and the inflammatory
pally found in individuals with hypertension, but may response progresses towards obliterative endarteritis
also be seen in younger individuals with connective tis- and necrosis of the muscular and elastic fibres in the
sue defects, such as Marfan syndrome, where there may aortic media. This results in weakening of the aortic
Cardiovascular system 75

wall and can lead to severe complications, represented (a)


by aortic aneurysm, aortic valvular insufficiency, aortic
root dilation and coronary ostial stenosis. The aneu-
rysms can rupture, causing massive haemorrhage.

Intracranial vascular lesions


Several types of intracranial vascular lesion are impor-
tant in sudden or unexpected death.

Ruptured berry (saccular) aneurysm


A relatively common cause of sudden collapse and often
rapid death of young to middle-aged men and women
is subarachnoid haemorrhage as a consequence of rup- (b) Aneurysm
ture of a berry (saccular) aneurysm of the basal cerebral
arteries, either in the circle of Willis itself (on the under Anterior
cerebral
surface of the brain) or in the arteries that supply it.
These are often described as congenital, but it may more
Anterior
appropriate to consider them as acquired, often shortly Middle
communicating
after birth. The aneurysms may be a few millimetres cerebral
in diameter or may extend to several centimetres; they
may be single or multiple and they may be found on
one or more arteries in about 1%–2% of the population Internal
(Figure 6.8a) and Figure 6.8b shows common sites for carotids
aneurysms related to the cerebral arteries. Posterior
The aneurysms may be clinically silent or they may communicating
leak, producing a severe headache, neck stiffness, Posterior
unconsciousness and sometimes paralysis or other neu- cerebral
rological symptoms. The rupture of a berry aneurysm on
Posterior
the arterial circle of Willis allows blood to flood over the cerebral
base of the brain or, if the aneurysm is embedded in the
brain, into the brain tissue itself. The precise mechanism Superior
cerebellar Basilar
of sudden death following subarachnoid haemorrhage
is not understood: bathing the brain-stem in blood may
invoke vascular spasm resulting in critical ischaemia
of cardiorespiratory control centres or the presence of Posterior
inferior Vertebral
subarachnoid blood under pressure may directly affect
cerebellar
such brain-stem cardiorespiratory control.
An area of controversy in forensic medicine is
the role of assault in the development of subarach- Figure 6.8 (a) Berry aneurysm of the proximal middle
noid haemorrhage from a ruptured berry aneurysm. cerebral artery and associated subarachnoid haemor-
Particular difficulties arise when rupture of an intra- rhage. (b) Common sites for aneurysms related to the
cerebral aneurysm follows an altercation not attended assorted cerebral and cerebellar arteries.
by any physical evidence of blunt force head injury; a
causative role for a transient elevation of blood pres-
sure, owing to the emotional ‘stress’ of the altercation, The individual collapses rapidly following such a blow –
is controversial and may be further complicated by and suffers a cardiac arrest – and is subsequently found
alcohol or drug intoxication. The causation of either to have a basal subarachnoid haemorrhage associated
death or, in those that survive, the life-changing effects with a ‘tear’ in an intracranial blood vessel, often a ver-
is often a matter of long debate in criminal cases. tebral artery. Microscopy of the relevant artery reveals
An additional entity frequently encountered in foren- no evidence of an intrinsic vascular abnormality and
sic pathology practice is that of ‘traumatic basal sub- toxicological analysis reveals no evidence of stimulant
arachnoid haemorrhage’. The common scenario in such drugs, such as cocaine or amphetamine. Issues that may
cases is of an individual, often intoxicated by alcohol or become relevant in court relate to whether the death was
drugs, sustaining a blow to the head or neck which results caused by, for example, a punch or by the impact of the
in a rapid extension and rotation of the head on the neck. head on the ground after the punch. Often it is impossible
76 Death from natural causes

to know. Criteria for ascribing such basal subarachnoid


haemorrhage to trauma have been proposed, but such
cases are often complicated by a lack of independent wit-
ness evidence to the incident, although the wider usage
of CCTV and mobile phone recordings has in some cases
enabled clear links between mechanisms and pathologi-
cal outcome to be confirmed. The post mortem demon-
stration of such intracranial vascular injury requires
careful in situ dissection techniques, preferably under
operating microscopy, in order to exclude artefactual
vascular disruption.

Cerebral haemorrhage, thrombosis and


infarction
*
Sudden bleeding into brain tissue is common, usually in
old age and in those with significant hypertension and,
together with cerebral thrombosis and resulting brain
infarction, is the commonest cause of the well-recog-
nised cluster of neurological signs colloquially termed a
‘stroke’.
The term cerebrovascular accident (CVA) is in com-
mon usage in such circumstances, both as a clinical Figure 6.10 Recent intracerebral haemorrhage
diagnosis and as a cause of death. If the exact cause in a hypertensive individual (*), the dark areas showing
is known it is useful to apply the specific term that blood clot.
describes the aetiology (cerebral haemorrhage or cere-
bral infarction) or, if the aetiology is unknown, to use Death in such circumstances is not usually sudden,
the generic term cerebrovascular lesion (Figure 6.9). although there is a complex interaction between the
Spontaneous intracerebral haemorrhage is most brain and the heart, and thus a stroke affecting a region
often found in the external capsule/basal ganglia of one of the brain important in such control can precipitate a
cranial hemisphere and arises from rupture of a micro- cardiac arrest.
aneurysm of the lenticulo-striate artery, often referred
to in the past as a Charcot–Bouchard aneurysm. This
nomenclature is probably inappropriate, but irrespec-
Respiratory system
tive of the name arterial rupture causes sudden expan- The major cause of sudden death within the respiratory
sion of a haematoma which compresses the internal organs is vascular. Pulmonary embolism (PE) is very
capsule and may destroy some of it, leading to hemiple- common and is the most clinically under-diagnosed
gia (Figure 6.10). cause of death. It is the third most common life-threaten-
ing condition after myocardial infarction and stroke. In
almost every case, the source of the emboli is in the deep
leg or pelvic veins (Figure 6.11a and b). PE is a manifesta-
tion of venous thromboembolism (VTE). PE shares risk
factors with deep vein thrombosis (DVT) and is regarded
as a consequence of DVT rather than a separate clinical
entity. Risk factors for VTE include major surgery, major
trauma, high age, myocardial infarction, chronic heart
failure, prolonged immobility, malignancy, thrombo-
philia and prior VTE. Tissue trauma, especially where it
is associated with immobility or bed rest, is a very com-
mon predisposing factor in the development of DVT. Most
thromboses remain silent and cause no problems, but a
proportion embolise and block pulmonary arteries of
varying size. Large thromboemboli can occlude the ori-
Figure 6.9 Acute cerebral infarction (­ predominantly gin of the pulmonary arteries (saddle emboli), resulting in
middle cerebral artery territory). massive acute right-heart strain and failure as a result of
(Courtesy of Richard Jones.) mechanical blockage, whereas smaller thromboemboli
Gynaecological conditions 77

(a)

Figure 6.12 Disseminated pulmonary tuberculosis (TB).


Note also the cavitating (secondary TB) lesion.
(b)
separately below) include massive haemoptysis from
cavitating pulmonary tuberculosis or from an invasive
tumour (Figure 6.12). Rapid (but not sudden) deaths can
also occur from fulminating chest infections, especially
severe forms of influenza.

Gastrointestinal system
The main causes of sudden death in the gastrointesti-
nal system are predominantly vascular in nature; severe
bleeding from a gastric or duodenal peptic ulcer can be
fatal in a short time, although less catastrophic bleed-
ing may be amenable to emergency medical/surgical/
Figure 6.11 Fatal pulmonary thromboembolism. endoscopic intervention (Figure 6.13a). Bleeding from
(a) Thrombus which has formed in life has broken away oesophageal varices as a result of portal hypertension
from the peripheral circulation to be transported in the from any cause has a significant mortality that increases
bloodstream to this lung, where it has lodged in, and after a first event (Figure 6.13b).
occluded, a pulmonary vein. Note how the thromboem- Mesenteric thrombosis and embolism, often related
bolus protrudes from the cut end of the occluded blood to aortic or more generalised atherosclerosis, may result
vessel (*). (b) Microscopic appearance. ([a] From Burton J, in infarction of part of the small or large intestine. The
Saunders S, Hamilton S. Atlas of Adult Autopsy P
­ athology. diagnosis may be unclear and a rapid but not sudden
Boca Raton: CRC Press 2015 (Fig 4.37b, page 96) death is likely if the infarction remains undiagnosed.
with p
­ ermission.) Intestinal infarction owing to a strangulated hernia,
or obstruction owing to torsion of the bowel as a con-
become lodged in smaller-calibre pulmonary blood ves- sequence of adhesions, can also be rapidly fatal (Figure
sels where they interfere with pulmonary function and 6.14a and b).
lead to myocardial ischaemia and cardiac arrest. Peritonitis, following perforation of a peptic ulcer,
Even without any risk factors some PEs occur unex- diverticulitis or perforation at the site of a colonic
pectedly in normal, ambulant people who have reported tumour for example, can be fatal if not treated (Figure
no clinical symptoms. This sometimes makes establish- 6.15) and even when treated has a significant mortality.
ing the causal relationship between death and an injuri- Often these conditions present as sudden death
ous event difficult. For the purposes of civil law (where because of failure to seek medical assistance early after
the standard of proof for causation is ‘on the balance of symptom onset, by which time the effects of sepsis are
probabilities’) the embolism can often be linked to the overwhelming.
trauma, but in a criminal trial in which a higher stan-
dard of proof (‘beyond reasonable doubt’) is required,
it may be much harder to demonstrate a causal link Gynaecological conditions
between the two events. When a female of childbearing age is found deceased,
Other rare causes of sudden death in the respiratory a complication of pregnancy must be considered to be
system (excluding bronchial asthma which is covered the most likely cause of death until other causes have
78 Death from natural causes

(a) (a)

(b) (b)

Figure 6.13 (a) A perforated duodenal ulcer.


(b) Oesophageal varices seen as longitudinal darker lines Figure 6.14 (a) Intestinal infarction following volvulus
in the lining of the oesophagus which in this case has of the sigmoid colon. (b) Small bowel infarction showing
been turned inside out at autopsy. infarcted loops of small intestine.

been excluded. Abortion is a particular risk in countries in high-income countries is 1 in 3300, compared to 1 in 41
where legal abortion is not available. in low-income countries. UK evidence suggests a mortal-
A ruptured ectopic pregnancy, usually in a Fallopian ity rate of ∼8.5/100,000 during pregnancy or shortly after
tube, is another serious obstetric emergency that can childbirth of which heart disease was the most significant
result in death from intraperitoneal bleeding unless figure, contributing to 2/100,000. There is an international
rapidly treated by surgical intervention (Figure 6.16).
Maternal deaths (occurring during pregnancy or
within 12 months of parturition in the UK) can be clas-
sified into ‘direct’ deaths (caused by diseases specifically
related to pregnancy, such as pulmonary thromboem-
bolism, pre-eclampsia, obstetric haemorrhage, amniotic
fluid embolism, acute fatty liver of pregnancy or ectopic
gestation), ‘indirect’ deaths (from pre-existing disease
exacerbated by pregnancy such as congenital heart dis-
ease or a cardiomyopathy) or ‘coincidental’ deaths.
From 1990 to 2015, the global maternal mortality
ratio declined by 44 per cent – from 385 deaths to 216
deaths per 100,000 live births, according to UN data. This
gives an average annual rate of reduction of 2.3 per cent.
Almost all maternal deaths can be prevented, as evi- Figure 6.15 Peritonitis. Note the fibrinous d
­ eposits on
denced by the huge disparities found between the richest the surface of loops of intestines.
and poorest countries. The lifetime risk of maternal death (Courtesy of Richard Jones.)
Deaths from asthma and epilepsy 79

(a)

(b)

Figure 6.16 Ectopic pregnancy leading to rupture


of the Fallopian tube and massive intra-abdominal
­haemorrhage.

strategy aimed at reducing the global maternal mortality


ratio (MMR) to less than 70 per 100,000 live births by 2030.
There are also country-level targets: The primary national
target is that by 2030, every country should reduce its
MMR by at least two-thirds from its 2010 baseline. The
secondary target, which applies to countries with the
highest maternal mortality burdens, is that no country
should have an MMR greater than 140 deaths per 100,000
live births by 2030. (c)

Deaths from asthma and epilepsy


Deaths from acute asthma occur even with increasingly
effective pharmacological control of this chronic condi-
tion. ‘Acute asthma’ may be triggered by a number of
common and household allergens, as well as commonly
abused drugs such as heroin and crack cocaine (particu-
larly when it is smoked). In hospital, mortality may be in
the order of 10 per cent if the patient requires mechani- *
cal ventilation. Studies suggest that deaths in people
with asthma may relate substantially to co-morbidities,
of which the pathologist must be aware. Visual autopsy
Figure 6.17 Bronchial asthma. (a,b) Microscopy dem-
findings include hyper-inflated lungs and plugging of
onstrating airway ‘remodelling’, mucus distension and
the airways by tenacious, viscous mucus. Microscopy
inflammatory cell infiltration, including neutrophils and
of the lungs commonly reveals chronic airway remod-
eosinophils. (c) Acute bronchial asthma: the lungs are
elling, with basement membrane thickening, goblet cell
hyperinflated, cover the pericardium in the midline (the
and smooth muscle hyperplasia, and super-imposed
heart can only just be seen in this photograph – asterisk),
airway inflammation with eosinophils (Figure 6.17a–c).
and do not collapse when removed from the chest cavity
An anaphylactic component may be responsible for
at autopsy. Such an appearance is similar to the classic
a fatal outcome, and post mortem blood sampling for
appearance of ‘emphysema aquosum’ seen in drowning,
mast cell tryptase is often rewarding.
and can usually be distinguished from drowning by the
Epilepsy is a condition in which a person has recur-
circumstances of the death, and by microscopy. (From
rent seizures. Epilepsy is common and more than 2 per
Burton J, Saunders S, Hamilton S. Atlas of Adult Autopsy
cent of the population will have two or more seizures
Pathology. Boca Raton: CRC Press 2015; Fig. 4.31 page 93.)
during their lives. A seizure is defined as an abnor-
mal, disorderly discharging of the brain’s nerve cells,
80 Death from natural causes

resulting in a temporary disturbance of motor, sen- 500 sudden and unexpected deaths in epileptics each
sory or mental function. There are many types of sei- year in the UK where the precise cause of death is not
zures, depending primarily on what part of the brain identified. Such deaths have been classified as Sudden
is involved. The term epilepsy says nothing about the Unexpected Death in Epilepsy (SUDEP), defined as a
type of seizure or cause of the seizure, only that the ‘sudden unexpected, witnessed or unwitnessed, non-
seizures happen again and again. Seizures that have traumatic and non-drowning death in epilepsy, with
no known underlying cause may be called primary or or without evidence of a seizure, and excluding docu-
idiopathic epilepsy. A seizure may start as a partial, mented status epilepticus, where post mortem exami-
or focal, seizure, involving the face or arm. Then the nation does not reveal a toxicological or anatomic
muscular activity spreads to other areas of the body. cause of death’ (Figure 6.18). The rate of sudden death
Healthy people may have seizures under certain cir- in epilepsy may be >20 times the incidence rate of sud-
cumstances. If the seizures have a known cause, the den death in the total population of the same age.
condition is referred to as secondary or symptomatic The mechanism of death in such cases is uncertain,
epilepsy. Some of the more common causes include but may be related to a seizure-induced arrhythmia,
the following: head injuries; toxic chemicals or drugs seizure-mediated inhibition of respiratory centres or a
of abuse; alcohol or benzodiazepine withdrawal; and complication of anti-epileptic treatment. Post mortem
stroke. There may be specific reasons why a person findings in SUDEP are non-specific (e.g., pulmonary
with epilepsy may die (e.g., drowning as a result of a oedema and congestion) and the utility of the presence of
seizure while swimming), but there are approximately a tongue injury in diagnosing a seizure is c­ ontroversial.

Generalised tonic-clonic seizure

Spread to respiratory Spread to cardiovascular


Spread to midbrain
centres in medulla centres in medulla

Ascending arousal Respiratory Serotonin neuron


system inhibition nuclei inhibition inhibition

Loss of
arousal
? ?
PGES Hypoventilation/
Apnoea

Predisposing
factors Cardiac autonomic
neuron dysfunction
Prone/face
down Congenital
Sleep/Sleep Arrhythmias/ LQTS
apnoea Asystole
Intrinsic cardiac
Intrinsic
dysfunction
pulmonary
dysfunction SUDEP/death

Figure 6.18 Pathophysiological mechanisms underlying sudden unexpected death in epilepsy (SUDEP). SUDEP often
results from a generalised tonic-clonic seizure, which leads to inhibition of specific midbrain and medulla-mediated
effects via an unknown pathway. Other factors shown may predispose these patients to SUDEP. (Abbreviations:
LQTS, long QT syndrome; PGES, postictal generalised EEG suppression). (From Dlouhy BJ, Gehlbach BK, Richerson GB.
Sudden unexpected death in epilepsy: basic mechanisms and clinical implications for prevention. J Neuro Neurosurg
Psych 2016; 87:402–413; Fig. 3 page 408.)
Bibliography and information sources 81

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7 Deaths and injury in infancy

▪▪ Introduction ▪▪ Child abuse


▪▪ Stillbirths ▪▪ Child sexual abuse
▪▪ Infanticide ▪▪ Bibliography and information sources
▪▪ The estimation of maturity of a newborn baby or fetus ▪▪ Further general resources

Introduction If death occurs more than a couple of days before


birth, the fetus is commonly macerated because of the
The outcomes of disease and trauma may be expected effects of early decomposition combined with exposure
to be the same in individuals of all ages but, in practice, to fluid (Figure 7.1). The infant is discoloured, usually
the anatomical and physical differences between chil- a pinkish-brown or red, with extensive desquamation
dren, younger adults and older adults may vary. This of the skin; the tissues have a soft, slimy translucence
may be due to different body proportions, structural and there may be partial collapse of the head with over-
differences and metabolic changes. Specific features riding of the skull plates. The appearance of the child is
of injuries to infants and children require their own quite different from that seen in an infant that has died
particular consideration. Some of these considerations following a live birth and then begun to putrefy. Because
relate to the law, and some to medical and pathological many, if not most, of these deaths occur after the onset of
factors. Newborns, infants, toddlers, younger children labour and during the process of birth itself, no evidence
and adolescents have their own unique problems, such of maceration will be present.
as stillbirth and sudden infant death syndrome, which The Infant Life (Preservation) Act 1929 made it an
are different from those of fully developed adults. They offence to destroy a baby during birth; however, an
may also be dependent on others, have a range of vul- exception was made in the Act for doctors acting ‘in
nerabilities and be at risk of abuse, whether emotional, good faith’ who, to save the life of the mother, have to
physical or sexual. destroy a baby that becomes impacted in the pelvis dur-
ing birth.
Stillbirths As babies that are stillborn have never ‘lived’ in the
legal sense, they cannot ‘die’ and so a death certificate
The Births and Deaths Registration Act 1953, as cannot be issued. Currently, in England & Wales, a
amended by the Stillbirth Definition Act 1992, provides ­special ‘stillbirth certificate’ may be completed either
for the registration of all babies born after 24 or more by a doctor or a midwife if either was present at the birth
weeks completed gestation that did not, at any time, or by either one of them if they have examined the body
breathe or show signs of life, as stillbirths in England & of the child after birth.
Wales. Similar definitions apply in Scotland & Northern The causes of stillbirth are varied and may be unde-
Ireland. There are no provisions to allow the registra- terminable, even after a full autopsy. Indeed, it may be
tion of stillbirths before the 24th week of pregnancy. impossible to determine on the pathological features
Prior to 1992, only babies born showing no sign of life alone if the death occurred before, during or after birth.
after the 28th week of gestation were counted as hav-
ing been stillborn. Registrations for stillbirths began
on 1 July 1927 in England & Wales when the annual
Infanticide
­estimated number of stillbirths was calculated as 26,021 The term infanticide has a very specific meaning in
(14,519 males and 11,502 females). The numbers steadily the many countries that have introduced legislation
decreased during the 20th century and in 2017 the num- designed to circumvent the criminal charge of murder
ber stood at 3284. The ratio of male stillbirths to female when a mother kills her child during its first year of life.
stillbirths was 1:1 in 2013. The causes of many stillbirths In England & Wales, Section 1 of the Infanticide Act
remain unknown, but may include maternal infections 1938 states that:
in pregnancy, maternal disorders (especially hyperten- Where a woman by any wilful act or omission causes the
sion and diabetes), intrauterine infections, birth trauma death of her child … under the age of twelve months, but
or congenital abnormalities. at the time … the balance of her mind was disturbed by
84 Deaths and injury in infancy

(a)

(b)

Figure 7.1 Maceration following intrauterine death. Note


the widespread skin slippage and the umbilical cord
around the neck.

reason of her not having fully recovered from the effect


of giving birth to the child or by reason of the effect of
lactation consequent upon the birth of the child, then
… she shall be guilty of … infanticide, and may … be Figure 7.2 (a) Thoracic organs from a stillbirth. The lungs
dealt with and punished as if she had been guilty of the are firm and heavy with no crepitation when squeezed. (b)
offence of manslaughter of the child.
Microscopy of lungs from stillbirths showing partial expan-
Because manslaughter is a less serious charge than sion of terminal air spaces as a consequence of hypoxia-
murder and does not result in the mandatory penalty induced inspiratory efforts. Note also meconium aspiration.
of life imprisonment that is attached to murder, a ver- ([a] Reproduced with permission from Saukko P and
dict of infanticide allows the court to make an appro- Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.)
priate sentence for the mother, which is more likely to
be probation and psychiatric supervision than custody. a ‘separate existence’, as a baby in a vertex delivery can
The Infanticide Act indicates that the law recognises the breathe after the head and thorax have been delivered but
special nature of infanticide. before delivery of the lower body.
In England & Wales, there is a legal presumption The ‘lung flotation test’, used as the definitive test
that all deceased babies are stillborn and so the onus for breathing, and hence a separate existence, and
is on the prosecution, and hence the pathologist, to depended upon for years, came to be considered unre-
prove that the child was born alive and had a separate liable. A study recently explored this, however, and
existence. In order to do this, it must be shown that the suggested that the test was reliable in 98 per cent of
infant breathed or showed other signs of life, such as cases. The authors concluded that although there was
movement or pulsation of the umbilical cord, after hav- not a single false-positive result (where the lungs of a
ing been completely expelled from the mother. stillborn individual floated) there were cases where a
In the absence of eyewitness accounts, pathologists live born child’s lungs did not float. Nevertheless, lungs
can make no comment about the viability or otherwise that don’t float cannot be taken as proof that a newborn
of a baby at the moment of complete expulsion from the never breathed at all (Figure 7.2a and b).
mother. They may be able to give an opinion on the pos- To complicate matters further, deceased newborn
sibility of separate existence if they can establish that the babies may be concealed shortly after birth and may
child had breathed. However, establishing that breath- not be discovered until decomposition has begun,
ing had taken place is not incontrovertible evidence of which precludes any reliable assessment of the state of
The estimation of maturity of a newborn baby or fetus 85

from the 28 weeks previously set under the Abortion


Act 1967. Before that, abortions were illegal in England
& Wales. Abortion after 24 weeks can be carried out
after that time if there is grave risk to the life of the
woman or severe fetal abnormality. An abortion must
be agreed by two doctors (or one in an emergency) and
carried out by a doctor in a ­government-approved hos-
pital or clinic. The limit of 24 weeks broadly represents
the point at which a fetus is said to become ‘viable’.
However, babies born this early do have some chance
of survival, and some born even earlier have survived.
In infanticide, the maturity is not legally material as it
is the deliberate killing of any baby that has attained a
separate existence, and this does not depend directly
Figure 7.3 Newborn infant disposal with upon the gestational age.
­ ecompositional/putrefactive skin changes.
d
(Reproduced with p ­ ermission from Saukko P and
Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.) The estimation of maturity of a
expansion of the lungs. Even with fresh bodies, the prob-
newborn baby or fetus
lems are immense and any prior attempt at ventilation or An estimation of gestational age of the body of a baby or
chest compression during cardiopulmonary resuscita- fetus in relation to an abortion, stillbirth or alleged infan-
tion (CPR) negates any reliable opinion being given on ticide may be required for police investigation and crimi-
their having been spontaneous breathing after birth. nal proceedings. A rough estimate may be provided by
There are other indicators of life, for example, if Haase’s Formula (described by the German obstetrician
there is confirmed milk in the stomach (which must Carl Friedrich Haase in the first half of the 19th century):
have been consumed) or if the umbilical cord remnant
fetal length in centimeters during the first 3 to 5
is shrivelled or shows an inflammatory ring of impend- months of pregnancy correlates to the square of the age
ing separation, the child must have lived for some time in months, and during the second half of pregnancy the
after delivery. age in months is multiplied by 5
Establishing the identity of the infant and the iden-
tity of the mother can be problematic, as the deceased The accuracy of this formula does not appear to have
child may often be hidden or abandoned (Figure 7.3). been assessed in published studies.
Often the standard detective work of establishing facts, There is considerable variation in any of the mea-
taking statements, and reviewing CCTV footage may sured parameters owing to sex, race, nutrition and indi-
provide clues. Ultimately, DNA will be used to confirm vidual variation, but it is possible to form an estimate of
identity and parentage if it is unclear. the maturity of a fetus by using the brief notes in Box 7.1.
In those cases where the mother is traced, further legal In living (from extremely premature to all newborn
action depends on whether the pathologist can definitely infants) the New Ballard Score can be used. The New
decide if the baby was born alive or was stillborn. If live- Ballard Score is a set of procedures developed by Dr.
born, no charge of infanticide can be brought in English Jeanne L Ballard to determine gestational age through
law unless a wilful act of omission or commission can be neuromuscular and physical assessment of a newborn
proved to have caused the death. Omission means the infant. Some elements of this may be adaptable to assist
deliberate failure to provide normal care at birth, such in the maturity of the deceased, although more research
as tying and cutting the cord, clearing the air passages in this area is required. A systematic review in 2017 by
of mucus and keeping the baby warm and fed. The wil- Lee and colleagues identified limitations in such gesta-
ful or deliberate withholding of these acts, as opposed to tional age estimation techniques.
simple ignorance and inexperience, may be hard to prove Post mortem maturity may also be assessed using
to the criminal standard. Acts of commission are more anthropological, histological, and radiological tech-
straightforward for the ­doctor to demonstrate as they niques, reviewing, for example, the femur length, ossi-
may include a range of trauma, including head injuries, fication centres and the histological appearances of the
stabbing, drowning and strangulation. major organs. Gestational age determination (in the
The maturity of the infant is rarely an issue as most same way as post mortem age determination and age
infants found deceased after birth are at or near full determination in the living) should always now be con-
term of 38–40 weeks. The Human Embryology and sidered a multiprofessional exercise, but there are few
Human Fertilisation Act 1990 lowered the legal limit recent peer-reviewed studies in this field.
86 Deaths and injury in infancy

Box 7.1 Estimation of fetal maturity


4 weeks 1.25 cm, showing limb buds, enveloped in villous chorion.
12 weeks 9 cm long, nails formed on digits, placenta well-formed, lanugo all over body.
20 weeks 18–25 cm, weight 350–450 g, hair on head.
24 weeks 30 cm crown–heel, vernix on skin.
28 weeks 35 cm crown–heel, 25 cm crown–rump, weight 900–1400 g.
32 weeks 40 cm crown–heel, weight 1500–2000 g.
36 weeks 45 cm crown–heel, weight 2200 g.
40 weeks 48–52 cm crown–heel, 28–32 cm crown–rump, 33–38 cm head circumference, lanugo now absent or
(full term) present only over shoulders, head hair up to 2–3 cm long, testes palpable in scrotum/vulval labia close
the vaginal opening, dark meconium in large intestine.

Unexplained deaths in infancy • The incidence is markedly greater in multiple


births, whether identical or not. This can partly be
The reported figures for unexplained deaths in England explained by the greater incidence of premature
& Wales represent infant deaths (deaths under one and low birth-weight infants in multiple births.
year of age) that occurred in the calendar year referred • There is a marked seasonal variation in temperate
to. Unexplained infant deaths include sudden infant zones: SIDS is far more common in the colder and
deaths (SIDS – ‘cot deaths’) coded to the International wetter months, in both the northern and southern
Classification of Diseases Tenth Revision (ICD-10) code hemispheres.
R95 and unascertained deaths (ICD-10 code R99). The • There are apparent social, racial and ethnic dif-
latter are infant deaths where no medical cause was ferences, but these are explained by fundamental
recorded. underlying socio-economic factors, which show
There were 219 unexplained infant deaths in England that there is a higher incidence in any disadvan-
& Wales in 2016, an increase compared with 2015 (195), taged families such as those with poor housing,
but still lower than in 2006 (285). In 2016, the unex- lower occupational status, one-parent families,
plained infant mortality rate rose to 0.31 deaths per 1000 etc. However, no class, race or creed is exempt from
live births. Unexplained infant deaths accounted for 8.3 these devastating deaths.
per cent of all infant deaths occurring in 2016. In 2016,
the unexplained infant mortality rate remained the The essence of SIDS is that the deaths are unexpected
highest amongst mothers aged less than 20 years (0.98 and autopsy reveals no adequate cause of death. The his-
deaths per 1000 live births). These numbers, however, tory is usually typical: a perfectly well child – or one with
have substantially reduced over recent decades gener- trivial symptoms – is put in the sleeping place at night
ally coinciding with social and housing improvements, only to be found dead in the morning. At autopsy, noth-
and campaigns such as the ‘Back to Sleep’ campaign ing specific is found in the true SIDS death, although in
in the early 1990s, which encouraged mothers to place about 70 per cent of cases the autopsy reveals intratho-
babies on their back to sleep rather than face down or racic petechiae on the pleura, epicardium and thymus,
on their side. Advice to mothers to refrain from smoking which formerly gave rise to the misapprehension that
during pregnancy or near to their babies after birth, and SIDS was caused by mechanical suffocation. These pete-
to avoid overheating babies by wrapping them up too chiae are now believed to be agonal phenomena and not
closely, have all impacted infant mortality rates. an indicator of the cause of death (Figure 7.4).
Sudden infant death syndrome (SIDS) is defined as The aetiology of SIDS is unknown, but it is believed
the sudden death of an infant less than 1 year of age to be multifactorial. A large variety of possible causes
that remains unexplained after a complete autopsy and have been suggested, including allergy to cow’s milk or
death scene investigation, and remains the most com- house-mites, botulism, prolonged sleep apnoea, spinal
mon cause of death in the post-perinatal period in coun- haemorrhages, deficiencies of liver enzymes, selenium
tries with a relatively low infant mortality rate. or vitamin E, various metabolic defects, vaccinations,
The following are the main features of the syndrome. hyperthermia, hypothermia, carbon monoxide or diox-
• Most deaths take place between 1 month and ide poisoning, viral bronchiolitis, muscle hypotonia and
6 months, with a peak at 2 months. abnormal development of key cardiorespiratory control
• There is little sex difference, although there is a areas in the brainstem. As yet, none of these has been
slight preponderance of males similar to that seen substantiated. Changes in the ways in which unex-
in many types of death. pected infant deaths are categorised by pathologists and
Child abuse 87

from inflicted injury mechanisms derived from parents


and caregivers. From this emerged a rapidly expand-
ing literature on paediatric forensic medicine and child
protection and safeguarding, which has offered new
insights into the extent of the problem, injury mecha-
nisms, and the sequelae of abuse and neglect, informing
diagnosis and guiding clinical practice in the treatment
and management of children who become involved in
the child protection system.
After many inquiries, in many jurisdictions, and with
medical professionals often uncomfortably subject to
media and regulatory scrutiny, there have been improve-
ments in child protection and forensic practices result-
ing in recognition of the need for specialised forensic
training, improved funding, development of resources
and development of professional standards that sup-
port accountable, objective, safe and robust practice.
However, child abuse remains a major social problem,
and few medical specialties are excluded from involve-
ment. The assessment of living and deceased potentially
Figure 7.4 Multiple petechiae on the surface of the thy- abused children involves not only forensic physicians
mus and right lung in a sudden infant death. (Reproduced and forensic pathologists, but paediatricians, primary
from Keeling J and Busuttil A. Paediatric Forensic Medicine care physicians, general practitioners, psychiatrists
and Pathology. London: Hodder Arnold, 2008.) and safeguarding teams. Many others may be involved
including social workers and school teachers.
death investigators, and increasing caution in applying In England & Wales familial homicide, as laid out
the term ‘sudden infant death syndrome’, make assess- by the Domestic Violence, Crime and Victims Act 2004,
ment of nationally and internationally collected data on carries a prison sentence of up to 14 years. The Act closed
incidence potentially inaccurate and confusing. a legal loophole that allowed those jointly accused of the
As with sudden unexplained death in the adult, it is murder of a child or vulnerable adult to avoid prosecu-
likely that causes not detectable by macroscopic or tion by remaining silent or blaming each other. The Act
microscopic means, but by molecular biological tech- placed a clear legal responsibility on adults who have
niques, may be found to be relevant in at least some frequent contact with a child or vulnerable adult to take
cases. Recent studies, however, indicate that it appears reasonable steps of protection if they knew or should
only a small proportion will be due to cardiac genetic have known the child or vulnerable adult was at signifi-
predisposition, and it appears that it is the same for cant risk of serious physical harm from members of that
other genetic causes. household.
All healthcare professionals must certainly be vigi-
lant when involved in the assessment of any infant Epidemiology
death. A key concern in the management of SIDS is
to support the parents and family by keeping them Physical abuse of children occurs in males and females
informed of any developments and ensuring that the of any age. The spectrum of injury may vary. Fatalities
appropriate bereavement counselling services estab- are more common in children under the age of 2 years
lished in many developed countries are made available. and the most common mode of death is head injury. The
upper age limit is very difficult to define: physical abuse
is more likely to stop at a younger age, whereas sexual
Child abuse abuse may continue into the teens and even older.
Child abuse is a generic term that includes all forms When injuries (or cutaneous marks and scars) are
of physical and emotional ill-treatment, sexual abuse, evident in infants and children, the most common
neglect and exploitation that results in actual or poten- issues of contention are whether they are caused by
tial harm to the child’s health, development or dignity. accident or abuse (non-accidental injury [NAI]). In both
In 1946, Caffey and colleagues described multiple frac- the living and deceased child, the distinctions may be
tures in the long bones of infants suffering from chronic impossible to determine. There has been an increasing
subdural haematomas (SDH). Previously in the 19th availability of good quality evidence relating to the clin-
century, Tardieu described similar phenomena. Over ical assessment of paediatric injury, marks and scars,
50 years have passed since Kempe and colleagues pub- and knowledge of this evidence-base is crucial in the
lished ‘The Battered Child Syndrome’, describing harm proper interpretation of such cases.
88 Deaths and injury in infancy

Injuries in the deceased child ankles and knees, may be evidence of gripping by an
adult. Bruises on the face, ears, lips, neck, lateral thorax,
Post mortem in children anterior abdomen, buttocks and thighs require an expla-
The post mortem examination of a child is a specialised nation, as these sites are less likely to be injured in child-
procedure that must be carried out by a pathologist with hood falls (Figures 7.7–7.9). In very general terms, bruises
specific training and experience in paediatric autopsy over soft tissue areas in non-mobile infants, bruises that
pathology. In many jurisdictions, dedicated perinatal carry an imprint of an implement and multiple bruises of
and paediatric pathologists make these examinations uniform shape are suggestive of some forms of physical
in regional specialist centres. abuse.
Full radiological skeletal surveys precede the physi- The explanation given by the carers of how each
cal examination of the body, and evidence of old or bruise came to be present on the child must be docu-
recent fractures usually results in a medicolegal autopsy mented with great care. This is because frequently an
to exclude assault. The need for detailed documenta- interpretation may be required comparing the injuries
tion during the autopsy is similar to that involved in documented with a ­variety of explanations in cases of
adult autopsies, and the procedure progresses from possible NAI.
an inspection of the surface of the body to the internal
organs in a similar manner. Skeletal injury
The procedure is adapted to take account of develop- Currently in the UK the Royal College of Radiologists
ment-specific differences between children and adults; recommends that imaging should always include skel-
the presence of incomplete skull bone fusion, and rem- etal survey in children under two years of age and skele-
nants of the fetal circulation, for example. A detailed tal survey and CT head scan in children under one year.
description of the perinatal and paediatric autopsy Figure 7.10 shows the recommended images to be taken
is beyond the scope of this book, and the interested in suspected physical abuse of children.
reader is directed to specialist texts listed at the end of Children who are older than one year and have exter-
this chapter. nal evidence of head trauma and/or abnormal neuro-
It is essential that as much information (including logical symptoms or signs should also have a CT head
accounts of all witnesses, pre-existing medical records, scan. Skeletal surveys may occasionally be indicated in
and school records) be reviewed. When a child dies or older children and may include those with communi-
is seriously harmed as a result of abuse or neglect, a cation or learning difficulties who are unable to give a
review is conducted to identify ways that profession- full history or those where there is clinical suspicion of
als and organisations can improve the way they work bony injury.
together to safeguard children and prevent similar inci- Healing fractures (representing previous traumatic
dents from occurring again. Each UK nation has its own episodes) can be visualised by radiological means
terminology and guidance for carrying out and sharing although histological assessment post mortem is more
the learning from the reviews. Cases that meet the cri- precise.
teria set out in the relevant guidance are reviewed by Rib fractures are rarely accidental in children. They
multi-agency panels. may occasionally be associated with birth trauma, but
In England, Child Death Overview Panels (CDOP) in general they are a feature of the application of sub-
are tasked with collecting and reviewing information stantial force. One particular pattern that may be seen
about each child death with a view to identifying: any on X-ray or at autopsy comprises areas of callus on the
case giving rise to the need for a review mentioned in posterior ribs, often lying in a line adjacent to the verte-
Regulation 5(1)(e) of the Local Safeguarding Children brae, and giving a ‘string-of-beads’ appearance. This pat-
Board Regulations 2006; any matters of concern affect- tern is interpreted as indicating an episode or episodes of
ing the safety and welfare of children; and any wider forceful squeezing of the chest by adult hands. The pos-
public health or safety concerns arising from a particu- sibility that such posterior rib fractures can be caused by
lar death or from a pattern of deaths. The Government cardiopulmonary resuscitation (CPR) is thought unlikely
publishes a series of standardised forms recording data on biomechanical grounds, as such fractures occur as a
about child deaths. Figures 7.5 and 7.6 show examples. result of anterior–posterior compression during ‘squeez-
Form A is used for notification of a child death and Form ing’ of the chest. Anterolateral rib fractures as a conse-
B4 for Sudden Unexpected Death in Infancy. quence of CPR are rare. The discovery of rib fractures in
an infant who has undergone CPR without underlying
Bruising bone disease or major trauma warrants a full child pro-
The features of bruises that are important can be summed tection investigation (Figure 7.11a and b).
up as site, age and pattern. Bruising of the arms and legs, A skull fracture is a marker of significant force
especially around the upper arms, forearms, wrists, applied to the head, and skull fractures are common in
Child abuse 89

Notification of Child Death Form

CDOP Identifier (Unique identifying number assigned by CDOP administrator)


………………………………………….

Notification of Child Death


Notification to be reported to CDOP administrator at:
Secure email:
Tel:
The information on these forms and the security for transferring it to the CDOP
administrator should be clarified and agreed with your local Caldicott guardian.
Please remember it is a statutory requirement to notify CDOP of all child deaths from birth up
to their 18th birthday. If there are a number of agencies involved, liaison should take place to
agree which agency will submit the Notification. However, unless you know someone else has
done so, please notify CDOP with as much information as possible,

Child’s Details

Full Name of Child

Any aliases Male / Female

DOB / Age / / NHS No.


days/months/years

Address

Postcode

Name of school/nursery

Other significant household and family members (parents, siblings,


other relevant adults)

Name DOB Relaonship Address

Figure 7.5 Form A: Child death notification. (Continued)


90 Deaths and injury in infancy

Death details:

Date of death / /

Where was the child


when they died? 1

Suspected cause of
death

Case Management:

Y / N / NK
Is there to be a Joint Agency Response?

Y / N / NK
Death discussed with the medical examiner?
Y / N / NK
Death to be investigated by Coroner?
Y / N / NK
Post mortem examination?

Notification Details:
Please outline the circumstances leading to notification. Also include if any other
review is being undertaken (e.g. internal agency review); and whether any immediate
action is being taken as a result of this death.

1 The place where the child is believed to have died regardless of where death was confirmed. Where a child is
brought in dead from the community and no signs of life were recorded during the resuscitation, the place of death
should be recorded as the community location; where a child is brought in to hospital following an event in the
community and is successfully resuscitated, but resuscitation or other treatment is subsequently withdrawn, the place
of death should be recorded as the location within the hospital where this occurs

Figure 7.5 (Continued) Form A: Child death notification.  (Continued)


Child abuse 91

Details of relevant agency contacts (please give as much information as you


have easily available to you):

√ Lead
Agency Name and contact details Professional
(only one
ck is
required)
Community
Paediatrician
Local Paediatrician/
Neonatologist
Terary Paediatrician/
Neonatologist
Other local or terary
specialists
GP

Midwife

Health Visitor

School Nurse

Obstetrician

Police – Collision
Invesgaon Unit or
Child Protecon
Children’s Social Care

Nursery/School
College/Or Local
Educaon Authority
Others (list all agencies
known to be involved)

Referral details

Date of referral / /

Name of referrer

Agency

Address

Tel Number

Email

Figure 7.5 (Continued) Form A: Child death notification.


92 Deaths and injury in infancy

Form B4 – Sudden unexpected death in infancy

CDOP Identifier (Unique identifying number) ………………………………………….

Form B4– Sudden unexpected death in infancy


(For unexpected deaths of infants and young children from birth to age 2 years)
Form B4 is to be completed by the SUDI paediatrician or designated
deputy, and will almost always be completed at or immediately after the
local case review meeting. In those rare instances where there is no
local case review meeting the SUDI paediatrician or designated deputy
should complete this form at the conclusion of the investigation.
Please answer all questions or circle or tick the “not known” option.
A. Predisposing or risk factors.
Please circle or tick your responses

Family:

Previous SUDI in first or second degree relative?


(i.e. sibling, half sibling, parent’s sibling or half sibling) Y N Not Known

Apparent life-threatening events in first or second degree relative?


(i.e. sibling, half sibling, parent’s sibling or half sibling) Y N Not Known

Mother smokes? Y N Not Known

Father smokes? Y N Not Known

Other smoking in household? Y N Not Known

Illicit substance use in household? Y N Not Known

This baby:

delivery at less than 37 weeks gestation? Y N Not Known

birthweight less than 2500g? Y N Not Known

twin, triplet or higher order birth? Y N Not Known

previous apparent life-threatening event? Y N Not Known

under medical or HV attention for poor growth? Y N Not Known

breast fed? (more than 1 day) Y N Not Known

immunisations up to date? Y N Not Known

regular pacifier (dummy) user? Y N Not Known

B. Circumstances of Death:

Had any signs of illness been identified in the baby in last 24 hours by the family,
carers or professionals? Y N Not Known

Figure 7.6 Form B4: Sudden death. (Continued)


Child abuse 93

Time from when the baby was last seen/heard to be alive and being found dead:
10 minutes
10 minutes–1 hour
1–2 hours
2–4 hours
4–6 hours
Not known
Time of day found dead:
24.00–06.00
06.00–12.00
12.00–18.00
18.00–24.00
Not known
Immediately before being found dead or collapsed was the child thought to be:
Awake
Asleep
Not known

If asleep, what position was child put down in?


Prone
Supine
Side
Other
Not known
When found what position was child in?
Prone
Supine
Side
Other
Not known

If thought to be asleep, where was the child sleeping?


Cot, crib, carry cot, Moses basket
Car seat
Adult bed (alone)
Adult bed (with another person)
Sofa (alone)
Sofa (with another person)
Floor
Other place (please specify)
Not known

Figure 7.6 (Continued) Form B4: Sudden death. (Continued)


94 Deaths and injury in infancy

If sharing a sleep surface with another person who was that person?
Mother
Father
Both parents
Sibling
Other (please specify)
Not known
If sharing a bed/other sleeping place with another person had that person taken
the following in the past 8 hours:

Alcohol (2 or more units) Y N Not Known

Cannabis Y N Not Known

Sedative drugs (prescribed or not) Y N Not Known

Opiates Y N Not Known

Other prescribed drugs (specify) Y N Not Known

Other illicit drugs/substances (specify) Y N Not Known

Did the child have a dummy when put down for last sleep? Y N Not Known

If sharing a sleep environment with another person was there any evidence of
overlying? Y N Not Known

If yes, please specify what this evidence was.


Was the sleeping place thought by those conducting the scene examination to be
hazardous? Y N Not Known

If so please specify what was thought to be hazardous.


Was resuscitation attempted when the child was found? Y N Not Known

Was a spontaneous circulation and/or breathing re-established?


Y N Not Known
How long after initial presentation to medical attention was the child declared
dead?
<1 hour
1–2 hours
2–6 hours
6–24 hours
>24 hours
Not known

Figure 7.6 (Continued) Form B4: Sudden death. (Continued)


Child abuse 95

What samples/investigations were taken at time of presentation/resuscitation


or after death identified but before transfer to mortuary?
Blood culture Y N Not Known
CSF Y N Not Known
Blood for metabolic investigations Y N Not Known
Blood for toxicology Y N Not Known
Skin biopsy for fibroblast culture Y N Not Known
X-ray skeletal survey Y N Not Known
Other (specify)
Was an initial multi- agency discussion meeting held (telephone or face to face) in
the first 24 hours after the death? Y N Not Known

Which agencies were involved in the initial discussion meeting?

Secondary (hospital) paediatrics Y N Not Known


General practitioner Y N Not Known
Health visitor Y N Not Known
Community Paediatrics Y N Not Known
Other health professionals (specify) Y N Not Known
Police Child Abuse Investigation Team Y N Not Known
Other police (specify) Y N Not Known
Children’s services (Social care) Y N Not Known

Other Social Care (specify) Y N Not Known

Other professional agencies (specify) Y N Not Known

Was a home/scene visit carried out by professionals after the death?


Y N Not Known
If a visit was carried out, how long after the death was this?
<4 hours
4–12 hours
12–24 hours
24–48 hours
48–72 hours
>72 hours
Not known
If a visit was conducted, who attended?
Police Y N Not Known
Paediatrician Y N Not Known
Social care Y N Not Known
GP Y N Not Known
Specialist HV Y N Not Known
Child’s own HV Y N Not Known
Other (specify) Y N Not Known

Figure 7.6 (Continued) Form B4: Sudden death. (Continued)


96 Deaths and injury in infancy

Was the death reported to the coroner? Y N Not Known


If not – please specify why not.
Who conducted the postmortem examination?
Specialist paediatric pathologist Y N Not Known
Adult pathologist Y N Not Known
Forensic pathologist Y N Not Known
Other (please specify) Y N Not Known
What was the cause of death as given by the pathologist?
1a
1b
1c
2
Were there any significant additional pathological findings noted by the
pathologist? Y N Not Known
If so, please specify

Final Case Review


For final completion by the CDOP Chair

Was a final case review meeting held? Y N Not Known


if so how long after the death was this meeting?
<2 months
2–3 months
3–4 months
4–6 months
>6 months

Who attended?
Police Y N Not Known

Paediatrician Y N Not Known

Social care Y N Not Known

Pathologist Y N Not Known

Coroner or coroner’s officer Y N Not Known

GP Y N Not Known

Specialist HV Y N Not Known

Child’s own HV Y N Not Known

Other (specify) Y N Not Known

What was the cause of death as ascribed by the local case review meeting?
1a
1b
1c
2

Figure 7.6 (Continued) Form B4: Sudden death. (Continued)


Child abuse 97

Were any significant contributory or causal factors identified at this meeting?


Y N Not Known

Was the postmortem report available to this meeting? Y N Not Known

Was the Avon Clinicopathological classification scheme used?


Y N Not Known
If so please give final classification of the death:

Was a report from this meeting sent to the relevant professionals?

Police Y N Not Known

Paediatrician Y N Not Known

Social care Y N Not Known

Pathologist Y N Not Known

Coroner or coroner’s officer Y N Not Known

GP Y N Not Known

Specialist HV Y N Not Known

Child’s own HV Y N Not Known

Other (specify) Y N Not Known


Were the parents/family offered the opportunity to meet with one or more of the
professionals after the case review meeting?
Police Y N Not Known

Paediatrician Y N Not Known

Social care Y N Not Known

Pathologist Y N Not Known

Coroner or coroner’s officer Y N Not Known

GP Y N Not Known

Specialist HV Y N Not Known

Child’s own HV Y N Not Known

Other (specify) Y N Not Known

Please provide any additional information that you think is relevant.

Figure 7.6 (Continued) Form B4: Sudden death.

fatal cases of physical child abuse. They are not always present and basal fractures are uncommon (Figure 7.12)
associated with brain injury although up to one-third and some fractures may be caused in settings other
may be. Abusive skull fractures are more likely to be than assault, such as birth trauma (Figure 7.13).
multiple, comminuted, bilateral or cross sutures. Less Skull fractures from falls may occur from relatively
often, fractures of the occipital or frontal bones are low heights, with studies suggesting that a head-first fall
98 Deaths and injury in infancy

Figure 7.7 Multiple ‘fingertip’ bruises on the front Figure 7.9 Ear bruising in an infant raises the possibility
of the trunk in an abused infant. (Reproduced with of NAI. Radiology revealed multiple rib fractures.
­permission from Saukko P and Knight B. Knight’s
Pathology 4E, London, CRC Press, 2016.)
Head injuries
from 0.9 m onto a concrete surface had a high likelihood Head injuries are the most frequent cause of death in
of fracture. Even a fall from that height onto a carpeted child abuse and, even when they are non-fatal, they may
surface has a significant risk of fracture. Skull fractures result in severe and permanent neurological disability.
in dead children can be caused by a fall from a height ‘Shaken Baby syndrome’ (SBS) has been the sub-
that is below 0.9 m, from a seat, a chair or a mattress, ject of intense controversy; the diagnosis has in the
for example, but the incidence of a fracture decreases past depended on the triad of subdural haemorrhage
with decreasing height and is, therefore, dependent on (SDH), retinal haemorrhage (RT) and encephalopathy.
the nature of the impacting surface and of the fall. Falls The hypothesis correlating the triad with shaking as the
from furniture onto the floor can cause skull fractures injurious mechanism has been hotly contested, and has
in children and low-height falls can occasionally cause been extensively reviewed in pathological, clinical and
fatal head injury. legal communities. There is no doubt that infants do suf-
fer abusive injury at the hands of their carers, and that
impact and shaking can cause physical effects, but it is
now generally agreed that the finding of the ‘triad’ alone
should not lead to an automatic assumption that it was
caused by NAI. Thus, as for all forensic cases, it is essen-
tial to be aware of all the evidence and relevant factors
before coming to any opinions about the causation.
Whether from direct blows or from ‘shaking’, it is
clear that if sufficient force is applied to the head of a
child, brain injury can occur, and that injury carries
with it a substantial risk of disability or death. The
terms ‘Abusive Head Trauma’ (AHT) and ‘Inflicted
Head Injury’ (IHI) have gained wider appeal, and allow
the c­ linico-pathological and radiological findings to
Figure 7.8 Fingertip grip marks to left buttock and lower be emphasised. In summary, the diagnosis of IHI or
back of infant. It is rare for grip marks and finger marks to accidental trauma (AT) in infants is based on clinical,
show distinct patterns of four fingers and a thumb. radiological and/or ophthalmological findings such as
Child abuse 99

Head, chest, spine and pelvis:


anterior posterior (AP) and lateral skull
AP chest (to include the shoulders) and both obliques (obliques to include all ribs, left and right, 1–12)
AP abdomen and pelvis
lateral views to include the whole spine (For children under one year, this may be possible with one
view, for larger children and those over one year, separate views will probably be required.)

Upper limbs (where possible):


AP of the whole arm (centred at the elbow, if possible)
Coned lateral elbow
Coned lateral wrist
Posterior anterior (PA) hand and wrist
In larger children where a single whole arm view is not possible:
AP humerus (including the shoulder and elbow)
AP forearm (including the elbow and wrist)
Coned lateral elbow
Coned lateral wrist
DP hand and wrist
Lower limbs, where possible:
Whole AP lower limb, hip to ankle
Coned lateral knee and ankle
Coned AP ankle (mortise view)
DP foot
For larger children:
AP femur
AP tibia and fibula
AP knee
AP ankle
Coned lateral knee
Coned lateral ankle
DP foot
Follow-up imaging: 11–14 days, no later than 28 days after initial skeletal survey.
Follow-up radiographs should be performed of any abnormal or suspicious areas on the initial skeletal
survey plus the following views:
Chest AP and both obliques (to include the shoulders and all ribs, left and right, 1–12).

Figure 7.10 Skeletal survey: standard views, including follow-up, to be obtained.

SDH, encephalopathy, RH, and signs of impact. Each following the death of a child suspected of being
case must be considered in its own context before con- abused. A recent study has described the presence
clusions are reached. of ‘cherry hemorrhages’ (isolated, elevated circular
bleeds, typically in the equatorial retina), and ‘peri-
macular ridges’ (elevated, circular retinal folds with a
Ocular injuries canopy of internal limiting membrane [ILM]) in asso-
The significance of ocular lesions – such as RH, reti- ciation with ILM tears in AHT. Survivors had optic
noschisis and orbital content haemorrhage – is a fur- nerve atrophy and macular ganglion cell loss, and the
ther area of controversy in the medical and scientific study authors thought that infants under 16 months
community. All children suspected of being physically of age were particularly susceptible to damage from
abused should have their eyes examined by an oph- vitreomacular traction by rotational and/or acceler-
thalmologist, and the eyes should be examined as an ation-deceleration forces. It is essential that a multi-
integral component of the post mortem examination professional team review all aspects of findings in the
100 Deaths and injury in infancy

(a)

(b)

Figure 7.12 Multiple skull fractures following blunt


force impacts against the floor. (Reproduced with
­permission from Saukko P and Knight B. Knight’s
Pathology 4E, London, CRC Press, 2016.)
Figure 7.11 Rib fractures in infancy. (a) X-ray of ribs and
part of the thoracic spine removed at autopsy. Note the Visceral injuries
right-sided posterior rib fractures showing evidence Visceral injuries are the second most frequent cause of
of healing (callus formation). NAI should be suspected death and it is the organs of the ­abdomen – the intestine,
in such cases, and thoroughly investigated by a multi- mesentery and liver – that are most commonly injured
disciplinary team. (b) A posterior rib fracture, with callus, (Figure 7.16a). The anterior abdominal wall of a child
following post mortem removal and fixation. Microscopy offers little or no protection against direct trauma from
of fractures assists in their ‘ageing’. (Reproduced from
Keeling J and Busuttil A. Paediatric Forensic Medicine and
Pathology. London: Hodder Arnold, 2008.)

context of the known facts of the case and of the current


state of the medical evidence base (Figure 7.14a and b).

Oral injuries
Lips may be bruised or abraded by impacts or pressure to
the face and, if the child is old enough to have teeth, the
inner side of the lips may be bruised, abraded or lacerated
by contact with the tooth edges. Tooth patterned marks
may be seen. A torn frenulum (frenum) inside the lip is
an occasional finding and this may be caused by a tan-
gential blow across the mouth or by an object, typically
a feeding bottle, being rammed forcibly into the mouth
between lip and gum (Figure 7.15a and b). The current
evidence indicates that a child with a torn frenum should
undergo a full child protection evaluation but, if no other
injuries nor any social concerns are identified, this find-
ing alone is not diagnostic of physical abuse. The intraoral Figure 7.13 Depressed skull fracture. Not all infant skull
hard and soft tissue should be examined in all suspected fractures are non-accidental in origin; instrumentation
abuse cases, and a dental opinion sought where abnor- and manual dis-impaction from the birth canal led to this
malities are found. fracture.
Child abuse 101

(a) (b)
(i)

(ii)

Figure 7.14 Retinal haemorrhages. (a) Macroscopic post mortem appearance and (b) microscopy showing widespread
haemorrhage within multiple layers of the retina. (i) Vitreous body; (ii) retinal pigment epithelium. ([b] Reproduced
from Keeling J and Busuttil A. Paediatric Forensic Medicine and Pathology. London: Hodder Arnold, 2008.)

fist or foot, and blows from the front can compress the chemicals (e.g., from acid). Some thermal injuries can
duodenum, the jejunum or the mesentery between the be accidentally sustained, but others reflect a degree
skin of the abdominal wall and lumbar spine. This com- of neglect (e.g., a child pulling a saucepan full of boil-
pression crushes the soft tissues and may even result in ing water from the top of a cooker or from an oven).
transection or perforation of the bowel, resulting in peri- Different burns have different patterns and character-
tonitis and shock (Figure 7.16b). Crushing or rupturing of istics. Cigarette burns from firm contact with the skin
the mesentery may lead to intra-abdominal bruising or are commonly depigmented, circular or oval deep
to frank intraperitoneal or retroperitoneal haemorrhage. partial thickness burns, 5–10 mm in diameter, with a
The liver is relatively large in a child and the liver pigmented rim. The differential diagnosis of such burn
edge is palpable below the costal margin. It can be rup- scars includes dermatological conditions such as impe-
tured by direct blows to the abdomen. Splenic injuries tigo, and vaccination scars.
are rare in physical child abuse because of its relatively Human bites are common in child abuse and can be
protected anatomical site (Figure 7.17). multiple. They must be differentiated from bites from sib-
lings, other children or even domestic pets. Swabs from a
new possible bite site should be taken as soon as possible,
Other injuries as DNA of the perpetrator may be recovered. If there is
Other injuries in physical child abuse include burns doubt about whether a mark or injury does represent
and human bites. There are a range of means of caus- a bite, a forensic odontologist should be asked to pro-
ing burns/thermal injury including the application of vide an opinion. The forensic odontologist may be able
heated metal objects or lighted cigarettes to the skin, to compare the bite with a suspected biter’s dentition,
forced immersion in hot water, and contact with some although this aspect of their practice is controversial,

(a) (b)

Figure 7.15 (a) Torn frenum due to forced bottle feed to mouth; (b) Bruising to upper lip (with intact frenum) caused
by same mechanism. ([a] Reproduced from Keeling J and Busuttil A. Paediatric Forensic Medicine and Pathology.
London: Hodder Arnold, 2008.)
102 Deaths and injury in infancy

(a)

Liver

Stomach
Pancreas
Duodenum Transverse
colon
Small
intestine
Urinary
bladder
Urethra

(b) Heavy blow Anterior abdominal


wall

Intestine

Spine Figure 7.17 Non-accidental, blunt force, intra-­abdominal


visceral injury (same infant as in Figure 7.7). Note the
liver laceration leading to an intra-abdominal haemor-
Figure 7.16 (a) Diagrammatic representation of sagittal sec- rhage. (Reproduced with permission from Saukko P and
tion showing relative positions of intra-abdominal organs in Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.)
female. (b) Transection or perforation of the bowel.

and has suffered from severe criticism in the USA, where Child sexual abuse
conclusive matches have been shown to be erroneous, Despite increased awareness of the nature and extent of
leading to several high-profile exonerations. sexual abuse in children it remains a worldwide prob-
Accidental injury in children occurs far more often lem. Data as to its extent is difficult to interpret as it is
than acts of child physical abuse. However, it can be likely that there is increased reporting. In the UK it is
extremely difficult to distinguish between them. All believed that up to 1 in 20 may have experienced some
healthcare professionals who work with or assess children form of sexual abuse as a child according to current defi-
must always bear in mind the possibility of child abuse. nitions (Box 7.2).

Box 7.2 Child sexual abuse classification


Child Sexual Abuse is divided into contact and non- children to perform sexual acts over the internet and
contact abuse flashing. It includes:
Contact abuse involves touching activities where
• Encouraging a child to watch or hear sexual acts.
an abuser makes physical contact with a child, includ-
• Not taking proper measures to prevent a child
ing penetration. It includes:
being exposed to sexual activities by others.
• Sexual touching of any part of the body whether • Meeting a child following sexual grooming with
the child’s wearing clothes or not. the intent of abusing them.
• Rape or penetration by putting an object or body • Online abuse including making, viewing or distrib-
part inside a child’s mouth, vagina or anus. uting child abuse images.
• Forcing or encouraging a child to take part in sex- • Allowing someone else to make, view or distribute
ual activity. child abuse images.
• Making a child take their clothes off, touch some- • Showing pornography to a child.
one else’s genitals or masturbate. • Sexually exploiting a child for money, power or
status (child exploitation).
Non-contact abuse involves non-touching activi-
Source: From the NSPCC - https://www.nspcc.org.uk/preventing-
ties, such as grooming, exploitation, persuading abuse/child-abuse-and-neglect/child-sexual-abuse/
Bibliography and information sources 103

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Haynes RL. Biomarkers of Sudden Infant Death Syndrome (SIDS)
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8 Assessment, classification
and documentation of injury
▪▪ Introduction ▪▪ Mechanisms of death following trauma
▪▪ Terminology of injury ▪▪ Self-inflicted injury
▪▪ Injury and the law ▪▪ Torture
▪▪ Non-fatal violence-related injury ▪▪ Documentation of injury or marks of injury
in England and Wales ▪▪ Bibliography and information sources
▪▪ Types of injury ▪▪ Further general resources
▪▪ Survival after injury

Introduction determining the nature of and degree of seriousness of


an injury.
The assessment, classification and documentation Most harm or injury can be embraced by one of the
of injury are key elements of forensic medicine. Any following broad groups, (using terms used within the
healthcare professional working in any aspect of foren- England & Wales jurisdiction).
sic medicine must be able to appropriately document Those with a fatal outcome:
injury in a way that can be understood and interpreted
by others. Most non-forensic healthcare profession- • Murder (homicide)
als will not be trained in the interpretation of injuries • Manslaughter (homicide)
and wound causation, but accurate documentation can
Those without a fatal outcome:
greatly assist the legal process at a later stage.
There are a variety of criminal offences of physical • Assault, assault occasioning actual bodily harm
assault against individuals, not all of which cause visible • Common assault
evidence of injury (e.g., some poisoning, some infec- • Battery, or common battery
tion). The role of the forensic pathologist and forensic • Wounding or wounding with intent
physician is to ensure that the medical relevance of • Poisoning
findings, or absence of them, is understood by a court • Inflicting grievous bodily harm or causing griev-
or tribunal in the context of the particular case at issue. ous bodily harm with intent
Sexual offences:
Terminology of injury
Words to describe injury or harm are used non-spe- • Penetrative
cifically by lay persons and non-forensic healthcare • Non-penetrative (both with or without extra-gen-
professionals. In a legal setting, the use of a particular ital injury)
word may have a specific meaning that can influence
the nature of the charge and the penalties or sentence Injury and the law
related to an offence. In England & Wales, murder and manslaughter are two
One frequent error in English-speaking jurisdictions of the offences that constitute homicide. Manslaughter
is the use of the word ‘laceration’ in the context of a cut can be committed in one of three ways:
to the skin. In the forensic setting, as discussed below,
a laceration is a split or tear in the skin caused by blunt 1. Killing with the intent for murder but where a
impact. If the word laceration is used wrongly in court partial defence applies, namely loss of control,
or in written evidence to describe a cut caused by a knife diminished responsibility or killing pursuant to
(an incised wound) this may have implications with a suicide pact.
regard to the credibility of the witness. 2. Conduct that was grossly negligent given the risk
Each jurisdiction will have its own specific legal of death, and did kill, is manslaughter (‘gross
classification of injury or wounding, and again the use negligence manslaughter’).
of such terms may have its own particular relevance. 3. Conduct taking the form of an unlawful act
Forensic practitioners must be familiar with such clas- involving a danger of some harm, that resulted
sifications in their own jurisdiction (and others if they in death, is manslaughter (‘unlawful and danger-
also practise elsewhere) in order to assist the courts in ous act manslaughter’).
106 Assessment, classification and documentation of injury

The term ‘involuntary manslaughter’ is commonly maximum prison sentence of 5 years. The key element
used to describe a manslaughter falling within (2) and of this offence is the causing of grievous bodily harm or
(3) while (1) is referred to as ‘voluntary manslaughter’. wounding but without having had the intent to do so.
The crime of murder is committed, where a person: of
sound mind and discretion (i.e., sane); unlawfully kills Section 47
(i.e., not self-defence or other justified killing); any rea- This section of the Act creates the offence of assault
sonable creature (human being); in being (born alive occasioning actual bodily harm. It encompasses those
and breathing through its own lungs - Rance v Mid- assaults that result in substantial injuries, typically
Downs Health Authority (1991) 1 All ER 801 and AG Ref requiring a degree of medical treatment for the victim
No 3 of 1994 (1997) 3 All ER 936; under the Queen’s Peace; and provides the penalty to which a person is liable on
with intent to kill or cause grievous bodily harm (GBH). conviction of that offence on indictment. A periorbital
In the England & Wales jurisdiction a ‘wound’ (used haematoma with a superficial laceration after a punch,
in the colloquial setting interchangeably with ‘injury’) or a broken tooth, are the types of injury that could be
has a specific legal meaning: a wound is an injury that considered a Section 47 assault.
breaks the continuity of the skin. There must be a divi-
sion of the whole skin structure and not merely a division
of the cuticle or upper layer. A bruise (or subcutaneous Non-fatal violence-related injury in
rupture of blood vessels) is not a wound as the skin is not
broken. A broken bone is not (legally) a wound, unless it
England and Wales
is a comminuted fracture. A variety of sources is available for information on non-
The Offences Against the Person Act 1861 which has fatal (and fatal) violence-related injury. The Violence
been amended over the years, sets out a range of offences and Society Research Group based at Cardiff University
for which an individual, in England & Wales, can be in Wales reports on Emergency Department atten-
prosecuted when that individual is alleged to have dances for ­v iolence-related injuries each year via the
caused injury to another person. This statute excludes National Violence Surveillance Network. These data
homicide and sexual offences (which are ­covered by the are available online and are continuously updated, as
Sexual Offences Act 2003). are the Office for National Statistics data for crime in
The language used in a law whose origins go back England & Wales which include data for all types of
almost one and half centuries can sometimes be difficult violent crime. Figures published in 2018 showed a rise
to understand. The main offences relevant to injury assess- in the number of offences (n = 40,147) involving knives
ment by forensic practitioners are found in the follow- or sharp instruments (a 16% increase compared with
ing sections of the Offences Against the Person Act 1861. 2017) and provisional NHS data showed admissions for
assaults involving a sharp instrument increasing by 14
Section 18 per cent for England. There had been a rise of 2 per cent
in recorded offences involving firearms (n = 6492). The
Section 18 of the Offences Against the Person Act 1861 number of homicides recorded by the police showed a
created the offences of wounding and causing grievous fourth consecutive rise, increasing by 12 per cent com-
bodily harm, with intent to cause grievous bodily harm, pared with 2017 after a long-term decline (n = 736).
or to resist arrest. It is punishable with life imprison-
ment. The specific wording of the offence is: How does the body respond to injury?
Whosoever shall unlawfully and maliciously by When an injury is sustained, tissue damage is accompa-
any means whatsoever wound or cause any griev- nied by a disturbance of cellular function, and the host
ous bodily harm to any person … with intent … to do
inflammatory response is initiated, resulting in cascade
some … grievous bodily harm to any person, or with
of tightly regulated physiological and behavioural pro-
intent to resist or prevent the lawful apprehension or
detainer of any person, shall be guilty of felony, and cesses which have evolved to rapidly destroy or isolate
being convicted thereof shall be liable … to be kept in the cause of the disturbance, remove damaged or dead
penal servitude for life … . tissue, and restore normal function.
Damaged or dead cells express molecules
The key element of this offence is the intent to cause (Damage-Associated Molecular Patterns (DAMPs),
grievous bodily harm. Types of injury would include and ‘Alarmins’) that are recognised by cells of the immune
stabbings or shootings, but may also include trying to system – principally neutrophils and monocytes/macro-
poison or infect a person. phages – which produce chemicals (cytokines and che-
mokines) which recruit more immune cells to the injured
Section 20 area, and thereby create a cytotoxic environment which
This section creates the offences of wounding and aims to kill invading pathogens. However, this process
inflicting grievous bodily harm. They are less serious also causes further cellular/tissue damage. The blood
than the offences created by Section 18 and carry a clotting system is also activated to stop bleeding at the site
Non-fatal violence-related injury in England and Wales 107

of injury, and vascular alterations take place to facilitate • The nature and severity of the injury(s) (the
the delivery of immune cells to the injury location. ‘trauma load’): some injuries (such as decapita-
The outcome of the host response to trauma depends tion) are obviously incompatible with life, and
on the nature and the severity of the injurious insult, severe injury to vital organs such as the brain and
the presence of pathogens and the extent of the body’s heart can be rapidly (but not invariably) fatal.
physiological response(s). An efficient and effective • The mechanism of injury: the nature of the transfer
coordinated localised response leads to resolution of the of energy to a vital organ can influence survivabil-
inflammatory environment, healing/repair of damaged ity (a low-energy penetration by a knife might be
tissue, and restoration of normal function. survivable, for example, if emergency medical and
These processes assist in the microscopic ‘ageing’ surgical care is provided rapidly, whilst a higher
of injuries which is reliant on the recognition of, and energy gunshot wound to the same organ might
subjective assessment of, the nature and extent of the lead to a rapid death).
inflammatory response to trauma, and of the healing • The rapidity with which emergency medical care is
processes that may have followed. provided, and the availability of modern trauma
Severe (or multiple) insults, lead to an exaggerated, care/intensive care facilities: if the injury is sus-
systemic (throughout the body) inflammatory response, tained in a rural location – poorly served by pre-
which can set the scene for major organ dysfunction, hospital personnel – or the injurious event is
organ failure and death. unwitnessed, potentially survivable injuries can
Modern pre-hospital trauma care, advanced trauma become fatal.
life support-based resuscitation, and ‘damage-control • The age and health status of the injured p ­ erson:
surgery’ aim to minimise the adverse physiological con- increasing age influences the survivability of
sequences of trauma, and sustain life for long enough individuals sustaining multiple rib fractures fol-
to enable that injured person to receive artificial organ lowing blunt force chest impact in a road traffic
support in an intensive care unit and definitive surgi- collision, for example, and pre-existing cardiac or
cal repair. Trauma management has traditionally been respiratory disease tends to reduce the ability of
aimed at preventing the so-called ‘triad of death’: meta- the body to maintain vital functions in the face of
bolic acidosis, hypothermia and coagulopathy (abnor- a traumatic insult.
mal blood clotting), thought to be caused by a complex • The body’s physiological response to injury:
interaction between the physiological responses to ­medical/surgical intervention, and infection/
trauma and haemorrhage, environmental factors, and sepsis.
resuscitation/surgical interventions.
The following factors may all influence whether the The significance of physiological complexity and the
trauma sustained is likely to have a fatal outcome: host response to injury is considered in Box 8.1.

Box 8.1 Physiological complexity and the body’s response to injury


The physiological response to injury is not only com- • Components exhibit a variety of properties or
plicated (it involves multiple individual components), behaviours, ranging from the stable to chaotic,
but complex (it represents the orchestrated response with some demonstrating complex, self-similar-
of multiple interacting components), and the ‘behav- ity at multiple scales in space and time (so-called
iour’ of the response is non-linear; the behaviour of fractals).
the whole is something other than that which can be • Small alterations in components can lead to expo-
predicted by analysing the individual components. nential changes in the behaviour of the system
This leads to difficulties in treating severely injured (there is extreme ‘sensitive dependence on initial
patients – and preventing their death – as well as a rec- conditions’).
ognition that a ‘systems approach’ needs to be taken • Even though the behaviour of the system is com-
if our understanding of medicine and science is to be plex, simple rules govern the behaviour of the indi-
advanced. Such an approach has been influenced by vidual components (the system is ‘deterministic’).
the mathematics of ‘chaos theory’ and complexity sci- • The interactions between those individual com-
ence, and has been taken forward by the emerging dis- ponents is capable of producing unexpected
ciplines of Systems Biology and Network Medicine. behaviour (so-called ‘emergence’).
The key properties of so-called ‘complex non-linear
In the context of trauma patients, the undesired
systems’ are:
‘emergent properties’ of the host response to injury
• The relationships between highly inter-­connected include multiple organ dysfunction and failure, and
system components are not linear. death.
108 Assessment, classification and documentation of injury

Types of injury Blunt force injury


Injury caused by the application of physical force can Blunt force injury (trauma) refers predominantly to
be divided into two main groups: blunt force and sharp injury that is not caused by instruments, objects or
force. These make up the predominance of injury seen by implements with cutting edges. The nature of the force
forensic pathologists and forensic physicians but there applied may include direct blows (impacts), traction,
are a number of other means of causing injury which torsion and oblique or shearing forces. Blunt force
may be significant. These include ballistic, ­thermal, trauma may have a number of outcomes:
chemical, and electrical injury.
• No injury
• Tenderness
• Pain
• Reddening (erythema; Figure 8.1)
• Swelling (oedema; Figure 8.2)
• Bruising (contusion; Figure 8.3)
• Abrasions (grazes; Figure 8.4)
• Lacerations (Figure 8.5)
• Fractures (Figure 8.6)
The amount of force applied in blunt force injuries
can be described as weak (for example a ‘gentle’ slap on
the face), weak/moderate, moderate, moderate/severe
or severe (for example, a full punch as hard as possible).
The more forceful the impact, the more likely that visible
marks will be evident.
The term ‘tenderness’ is used to describe pain or
discomfort experienced on palpation by the examining
clinician of an area of injury. Both pain and tenderness
are subjective findings and are thus dependent on (1)
the pain threshold of the individual and (2) their truth-
fulness. Other features of blunt force injury are visible
effects of contact. Reddening (sometimes referred to as
erythema) describes increased blood flow to areas that
have been subject to trauma, but not to the extent that
Figure 8.1 Reddening (erythema) from having been the underlying blood vessels are disrupted. Reddening
struck to the upper arm with a flat piece of wood. The red can be distinguished from bruises by its ability to blanch
colour disappeared after a few hours and blanched on from finger pressure and its usual resolution within 6
pressure distinguishing it from bruising. hours or so.

(a) (b) (c)


2

3
1

Figure 8.2 (a) Visible swelling to the right side of face and eyelids after repeated punches. (b) Periorbital haematoma
(black eye) caused by direct impact from fist. (c) Diagrammatic representation of potential bleeding and tracking sites
after direct impact to nose or orbital region (1) around globe, (2) beneath skin and scalp anatomical planes, (3) intra-
cranial. Each can result in visible bruising if tracked via tissue planes or via bone fractures.
Types of injury 109

(a) (a)

(b)

(b)

(c)
(c)

Figure 8.4 (a) Variable depth abrasions (grazes) caused


by impact against concrete surface. (b) Superficial
­fingernail abrasions to the right lower thigh and knee. (c)
Superficial fingernail abrasions to the right and left back.
([a] Courtesy of Jason Payne-James.)

Bruises
Figure 8.3 (a) Bruising (contusion) to thigh (a) following Bruises are discolouration of the skin surface caused
direct blunt force (fall between iron girders); (b) shows by leakage of blood from damaged blood vessels, often
resolution of bruising 5 days after injury as seen in 8.3a; small-diameter vessels such as venules or arterioles,
(c) bruising to scrotum and penis after direct kicks with into underlying tissues. The degree, nature and colour
shod foot. (Courtesy of Jason Payne-James.) of the bruise is, in part, related to the colour of the over-
lying skin. Bruising is most commonly seen in the skin,
but it can also occur in the deeper tissues, including
110 Assessment, classification and documentation of injury

now be used as it does not assist in understanding the


type or mechanism of injury. The word bruising is best
used to describe visible external marks caused by leak-
age of blood into skin and subcutaneous tissues, while
‘contusion’ can be used to describe leakage of blood into
tissues in body cavities, (using the word bruise in this
context is also acceptable). The term ‘haematoma’ can
be used to refer to a palpable collection of liquid blood
under the skin (and one which, could be aspirated by a
needle or surgically incised and drained).
‘Petechiae’ are small bruises, often described as ‘pin-
point haemorrhages’, and, in the past, have been said
to be <2 mm in size. However, that is an arbitrary fig-
Figure 8.5 Laceration, with irregular edges, maceration
ure and, like all bruises, petechiae can develop, evolve
and skin bridging caused by direct impact to forehead
and coalesce, and the use of a rigid size measurement is
with wooden pole. (Courtesy of Jason Payne-James.)
inappropriate (Figure 8.7a and b).
Direct blunt force, in addition to unambiguous
impacts such as strikes with fists, kicks or weapons,
also includes mechanisms such as poking, squeezing
and gripping. Indirect blunt force may be represented
by suction (as in ‘love bites’; Figure 8.8a and b) or fol-
lowing compression.

(a)

Figure 8.6 Hand with abrasions, swelling, redden-


ing and underlying fracture of 5th metacarpal caused
by repeated punching of cell door. (b)
(Courtesy of Jason Payne-James.)

muscle and internal organs (and may not be evident


until surgical intervention or post mortem). The extent
of damage to the blood vessels is generally proportion-
ate to the force applied: the greater the force, the more
blood vessels are damaged, the greater the leakage of
blood and the larger the bruise.
Once outside the confines of the blood vessel, blood
is broken down, resulting in the various colour changes
seen. Eventually, all of the blood is removed and the
overlying skin returns to its normal colour. Figure 8.7 (a) Close up of cheek after manual
A number of terms have been used in the past to s­ trangulation – multiple petechiae present 2 hours
describe bruises, which unnecessarily complicates the after event. (b) Scleral blood, caused by coalescence of
understanding of their nature. The term ‘ecchymosis’ multiple petechiae, 36 hours after manual strangulation.
has been used for specific types of bruise but should not ([b] Courtesy of Jason Payne-James.)
Types of injury 111

(a) (a)

(b)

(b)

Figure 8.8 (a) Classical love or ‘hickey’ bite - bruising


to neck caused by suction. (b) Circumferential suction
bruise to nipple. (Courtesy of Jason Payne-James.)

Compression may produce petechiae at the level of, Figure 8.9 Extensive bruising following tissue planes and
or above, the compressing force (e.g., in ligature stran- contours, one week after multiple blunt force impacts
gulation, or by crushing/chest compression in a crowd). to (a) head and (b) face (neck was spared impacts).
Bruises evolve and can ‘migrate’. The effects of grav- (Courtesy of Jason Payne-James.)
ity and anatomical tissue planes are two of the factors
that may determine how the position of a bruise might during a stamp or a kick (Figure 8.10a–c). The depth
change (Figure 8.9). Thus, the presence of a bruise in one of such bruises can only be confirmed at post mortem
place does not always imply that the blunt impact was examination.
applied at that particular site. Some superficial bruises Certain types of blunt injury commonly cause evi-
(often called intradermal bruises), caused by leak- dentially useful patterns. Single patterned bruises may
age of blood confined to the epidermis and the upper indicate the nature of the impacting object. ‘Tramline’
strata of the dermis, can remain in the position in which (or ‘tram-track’ or ‘railtrack’) bruises (Figure 8.11) are
the impact occurred, and ‘patterned’ bruises, which those caused by impacts from longitudinal, generally
reproduce the nature of the object that caused them, cylindrical or rod-like, objects (where blood is forced
often have such an ‘intradermal’ element. Intradermal laterally from the point of impact, rupturing blood ves-
bruises are often associated with diffuse compression sels either side of the impacting object) and shoeprint
forces such as pressure from a car tyre or from a shoe bruises may be seen from stamp injuries (Figure 8.12).
112 Assessment, classification and documentation of injury

(a) The distribution (pattern) of a number of bruises may


also help corroborate the nature of the causative force.
A row of four 1–2 cm oval or roundish bruises may be
caused by the impact of knuckles in a punch; groups of
small oval or roundish bruises could also be caused by
fingertip pressure, as in gripping, and there is some-
times a single, larger, thumb bruise on the opposite
side of the limb (Figure 8.13). In clinical practice this
so-called typical appearance is rarely seen, because
of movement of the victim and assailant and re-siting
of the gripping hand during a struggle, repeated pok-
ing with a single finger may also create such a pattern
of bruising. Fingertip bruises on the neck or along the
jaw line are commonly seen in manual strangulation.
(b)
Often they may appear as single long, linear bruises as
the bruising from the individual fingertips coalesces.
Examination of injuries must always be undertaken
in the best available light and, in the case of bruises,
such is required in order to ensure that small or subtle
skin colour changes are not missed. Particularly with
darker skin tones, good lighting is essential to identify
all areas of bruising.
Age estimation based on the colour of bruising is
not now considered appropriate, with one e­ xception –
the appearance of yellow is indicative of early healing
change in the injury occurring over a timeframe of some
hours. A study that followed colour changes of multiple
bruises, of known age, over a couple of weeks found that
(c) yellow colouration in a bruise did not appear before 18
hours after the blunt contact. However, the colour of a
bruise must not be assessed from photographic images
– where colour reproduction may be inaccurate – and
it must also be understood that the perception of yel-
low colour may be influenced by the visual capability
of the viewer, interobserver variation and underlying
skin tone. In addition, bruises known to be older than
18 hours may be associated with no yellow colouration.
Studies in children suggest that estimation of ageing of
bruising cannot be reliably achieved by colour interpre-
tation alone, and this principle also generally applies to
adults.
Estimating the age of a bruise (and other injuries) at
post mortem examination is enhanced by microscopy,
in which inflammatory and healing changes are sought,
although this technique can still only allow a patholo-
gist to give a broad timeframe for when that injury was
likely to have been sustained.
Bruising can appear after death: blood vessels are
just as easily damaged by the application of force and,
Figure 8.10 (a) Patterned bruise to right forearm – provided that there is blood with some pressure within
pattern matched to trainer of assailant. (b) Patterned those vessels, bruising can occur. Such pressure may
bruise caused by impact of dog chain. (c) Patterned exist at the lowermost vessels because of the static
bruise (bruise obliquely towards midline) caused by weight of the column of blood. Post mortem bruises
impac of 2 × 2 inch length of wood. are generally small and lie on the dependent parts of
(Courtesy of Jason Payne-James.) the body. Bruising may also be found in areas of post
mortem dissection and extreme care must be taken in
Types of injury 113

(a) (b)

(c)

Stretching Tramline bruises

Compression

Figure 8.11 (a) Tramline bruise caused by impact from cylindrical firm object (in this case, a police baton). (b) Tramline
bruise to right hip region caused by impact from broom handle. (c) Creation of parallel bruises with central sparing by
impact from cylindrical object – ‘tramline’, ‘tramtrack’ or ‘railtrack’ bruises. ([a & b] Courtesy of Jason Payne-James.)

interpreting ‘new’ bruises when a post mortem exami- scuff (brush) abrasions (very superficial abrasions, with
nation has been performed. no bleeding, Figure 8.17) and point or gouge abrasions
(deeper linear abrasions caused by objects such as metal
Abrasions nails, often with bleeding; Figure 8.18).
An abrasion (or graze) is a superficial injury involving As the epidermis does not contain blood vessels,
(generally) outer layers of skin without penetration of superficial abrasions might not bleed, but the folded
the full thickness of the epidermis. They are caused nature of the junction between the dermis and the epi-
when there is contact between a rough surface and dermis, and the presence of loops of blood vessels in the
the skin, often involving a tangential ‘shearing’ force dermal folds, will mean that deep abrasions have a typi-
(Figure 8.14). They can also be caused by crushing of the cal punctate or spotty appearance. Deeper abrasions
skin when the force is applied vertically down onto the may therefore bleed, resulting in subsequent scabbing
skin. Bites and the grooved, often parchmented, abra- and possible scarring.
sion found in hanging, can cause typical ‘crush’ abra- The size, shape and type of abrasion depends upon
sions (Figure 8.15). the nature of the surface of the object which contacts the
The appearance of abrasions always represents the skin, its shape and the angle at which contact is made.
exact contact area (unlike bruises) and the nature of the Contact with the squared corner of an object (e.g., a
abrasion itself may assist in determining the direction of brick) could result in a linear abrasion, whereas contact
the contact from the blunt, abrasive object, or the direc- with one face of the same object will cause a larger area
tion of the body when making contact. A variety of abra- of ‘brush’ abrasion.
sions have been described including scratches (linear Contact with a rough surface, such as a road, espe-
abrasions, e.g., caused by fingernails; Figure 8.16a–c), cially when associated with the higher levels of force
114 Assessment, classification and documentation of injury

Figure 8.14 Abrasion to right face and cheek caused


by kick from shod foot. Linearity of abrasion assists
in determining direction of movement.
(Courtesy of Jason Payne-James.)

Figure 8.12 Shoeprint bruise following stamping injury


to face. It may be possible to match the footwear pat-
tern and assist in the identification of the shoe owner.
(Courtesy of Jason Payne-James.)

Figure 8.15 Ligature mark with parchmented abrasion


posterior part of the neck.
(Courtesy of Jason Payne-James.)

found in traffic accidents, can result in deep areas


of often discoloured areas of ­abrasion – ‘gravel rash’
(Figure 8.19).
Tangential contact with a relatively smooth surface
can also result in such fine, closely associated, linear
abrasions that the skin may simply appear reddened
and roughened. This may be termed a ‘friction burn’;
close examination will usually reveal the true nature
of the wound. A closely woven carpet will cause such a
lesion, although the term ‘carpet-burn’ may be applied
in that setting.
The direction of the causative force can be identi-
fied by close inspection of the injury; (magnification
of a high-resolution digital image can be useful when
changes are subtle) and for identifying the elevated frag-
ments of the epidermis which are pushed towards the
Figure 8.13 Grip marks from fingers of assailant: bruises furthest (distal) end of the abrasion (Figure 8.20).
from grip and abrasions from fingernails seen on upper Crush abrasions – often associated with ‘intrader-
inner arm. (Courtesy of Jason Payne-James.) mal’ bruising – are important because they may retain
Types of injury 115

(a) (c)

(b)

Figure 8.16 (a) Multiple fingernail scratches with wheal reaction and superficial abrasions. (b) Deeper abrasions
caused by fingernails. (c) Large abrasions caused when climbing over brick wall whilst being pursued by police dog.
([a & b] Courtesy of Jason Payne-James.)

Figure 8.17 A very superficial abrasion. (Courtesy of


Figure 8.18 Deep linear point or gouge abrasions to
Jason Payne-James.)
forehead. (Courtesy of Jason Payne-James.)
the pattern of the causative object. As for all marks, inju-
ries and scars in the forensic setting, written descrip- Photographs of injuries should be taken from a dis-
tions accompanied by body diagrams and images (both tance (to locate the site of the lesion), close up (to see
still and moving) enhance and clarify the evidence for the detail of the lesion) and then close up with a ruler or
the courts. scale (to ensure the accuracy of the description). Scales
116 Assessment, classification and documentation of injury

Lacerations
A laceration is a ‘split or tear’ in the skin caused by blunt
force compressing or stretching the skin, or applying
a shear force to it. Lacerations often extend through
the full thickness of the skin and, depending on the
anatomical site, can bleed profusely (e.g., the scalp).
Because the skin is composed of many different tis-
sue types, some of the more resilient tissues will not
be damaged by the forces that split the weaker tissues.
This is what enables a distinction to be made between
Figure 8.19 Deep and extensive abrasion (’gravel rash’) an open wound apparently made by a blunt object and
caused by contact with road surface after motorcycle one made by a sharp object. Those most resilient tis-
accident. sues are often nerves, fibrous bands of fascial planes
and, sometimes, at the base of the laceration, an occa-
that include colour standards are also available (e.g., sional medium-sized elastic blood vessel. These struc-
Forensigraph). tures are seen to extend across the defect in the skin
Scaled photographs of injuries are also essential and are often referred to as ‘bridging fibres’. The same
to allow subsequent comparison to be made between blunt force causing such a laceration may also cause
those injuries and scaled photographs of ‘suspected irregular splits, bruising and abrasion at the margins
injury causing implements or surfaces’. Many differ- of the wound (Figure 8.21). These features are generally
ent injury causing objects have been identified in this absent in sharp force injuries.
way, such as car radiator grills, the tread of escalator Lacerations are most common where the skin can
steps, plaited whips (see Box 8.2) and the lines from be compressed between the applied force and underly-
floor tiles. ing bone (e.g., over the scalp, face, elbows, knees, and

(a)

(b) Terminal
Direction Tags epidermal tag
of impact

Figure 8.20 (a) Directional scuff – note raised skin layers on left side of abrasion: yellow arrow indicates direction
of abrasive movement; red arrow indicates line of terminal epidermal tags. (b) Direction of tangential force can be
determined by position of raised epidermal skin layers. ([a] Courtesy of Jason Payne-James.)
Types of injury 117

Box 8.2 Patterned injuries and the forensic pathologist – R v V Neville Heath 1946
The body of Marjorie Gardiner was discovered in bed for grouping, was found on the whip. When the pathol-
in a hotel in London, England, in June 1946. Her ankles ogist, Keith Simpson, examined that whip, he thought
were bound by a handkerchief and her left arm lay that the pattern of the weave ‘corresponded in fine
diagonally under her back to lie close to the right wrist, detail’ with the marks on the body, saying ‘it is identical,
and the wrists appeared to have been tied, although no in my view, and the mark of the tip corresponds with
restraint was present. Heavy bloodstaining was pres- the projecting metallic tip’.
ent at the scene and, on releasing the ankle bindings, a Heath was charged with murder (and that of a simi-
large amount of blood issued from her vagina. lar murder in Bournemouth), and found guilty. He was
At autopsy, blunt force injuries were present on executed in October 1946.
the face and lower jaw, and there were 17 patterned Comparisons and overlays of scaled photographs of
injuries to the trunk and breasts which appeared as the patterned injuries with scaled photographs of the
stippled intradermal bruises with abrasion, having implement would be made in modern investigations,
parallel linear components and diamond-shaped in order to see whether the whip could be excluded
intervening components, and a rounded ‘end’; they as having caused the patterned injury, and the whip
had the appearance of having been caused by a flex- would also be examined by forensic scientists for fin-
ible cane or whip, having a patterned surface. There gerprints and DNA (of the assailant and victim) in order
were bite marks to the breasts, and the vagina was to allow the jury to decide whether or not the whip has
lacerated. caused the injuries, and who had wielded it. The bite
A search of Heath’s belongings revealed a leather marks would have been examined and compared with
riding whip with a hard tip; human blood, insufficient Neville Heath’s own dentition.

(b)

(a)

Skin
Bone

Figure 8.21 (a) Laceration to ear following impact with baseball bat – note irregularity of laceration and associated
swelling bruising masked by dry blood. (b) Mechanism of causation of laceration. (Courtesy of Jason Payne-James.)
118 Assessment, classification and documentation of injury

shins). They are very rare (unless severe force has been (a)
applied) over the soft, fleshy areas of the body such as
the buttocks, breasts and abdomen.
The margins of a laceration are usually ragged; how-
ever, if a thin, regular, object inflicts an injury over a
bony area of the body, the wound caused may look very
sharply defined and can be mistaken for an incised
injury. Careful inspection of the margins will reveal
some crushing or tearing and bruising, and examina-
tion of the inner surfaces of the wound will reveal the
presence of bridging fibres.
The shape of the laceration (e.g., linear, curvilinear
or stellate) rarely reflects the nature of the impacting
object (unless accompanied by other patterned blunt
force injury).
When significant tangential blunt force is applied to
the skin, for example owing to the rolling or grinding
action of a vehicle wheel, the laceration may be hori- (b)
zontal and result in a large area of separation of skin
from the underlying tissues (often called ‘flaying’ or
‘degloving’).

Sharp force injury


Injuries caused by sharp force need to be distinguished
(but are sometimes indistinguishable) from blunt force
injuries such as lacerations or gouge and point abra-
sions. In general, sharp force injuries have cleanly
divided, distinct wound edges, which may span irregu- Figure 8.22 (a) Sutured incised wound caused by razor
lar surfaces, and penetrate different types of tissue with blade – note how wound follows contours. (b) Incised
the same contact. There are no bridging fibres (Figure wound caused by knife drawn across surface of
8.22). They are referred to as ‘incised’ wounds. ­fingers. In this case contours are spared.
(Courtesy of Jason Payne-James.)

Incised, slash and stab wounds surface. A surgical operation wound is an example of an
Incised wounds are caused by objects with a sharp or incised wound. There is an artificial distinction between
cutting edge, often a knife but other examples include a stab and slash wound in forensic terms.
shards of glass, broken glass and bottles, the edges of A stab wound is (like a slash wound) caused by a sharp
pieces of broken pottery or ceramics, or the edge of a implement and is generally said to have penetrated the
broken tin can (Figure 8.23). The edges of the wound will body deeper than its length on the skin surface. A stab
give some indication as to the sharpness of the weapon wound can, however, be quite shallow if its progress
causing it. A sharp-edged object/implement will leave into the body is impeded, for example by the presence
no bruising or abrasion of the wound margins. Careful of bone or cartilage, in which case its depth may not
inspection of the depths of the wound will reveal that exceed its length on the skin surface. Classifying such
no bridging fibres are present because the cutting edge a wound as a stab is relatively straightforward in the
divides everything in its passage through the skin and deceased, but in the living (1) the depth of the wound
underlying tissues. may not be accessible and (2) if it has been recorded at
Incised wounds, by their nature, are only life-threat- all, the measurement of the skin surface wound may be
ening if they penetrate deeply enough to damage a blood inaccurate.
vessel of significant size. Thus, incised wounds over the Forensic pathologists may also have the advan-
wrist or neck, where major arteries lie in more superfi- tage of being able to determine the direction of such
cial tissues, can prove fatal. An incised wound caused wounds. The direction or depth of a wound in the liv-
by an object sweeping or moving across the skin surface ing may not be clear (or indeed recorded at all) when
is sometimes referred to as a ‘slash’ wound or a ‘slice’ interpreting medical or operative notes in survivors of
wound (Figure 8.24). In contrast, a stab wound is caused stab injuries. This lack of detail may be aggravated by
by a motion down through (rather than across) the skin the move from open to laparoscopic surgery. However,
Types of injury 119

(a) (c)

(d)

(b)

Figure 8.23 (a) Sutured incised wound across right side of head and face. (b) Incised wound to neck caused by use of
knife. (c) Irregular incised wounds after broken bottle slashed twice across back of head and neck. (d) Glass broken on
impact near upper left nose. Sutured. Multiple satellite superficial shard cuts. (Courtesy of Jason Payne-James.)

imaging techniques (CT, US and MRI) may all provide • The geometry of the knife, including the radius of
detailed wound track length information, and if such the blunt edge at the tip.
information is not recorded in the clinical notes, it • The sharpness of the ‘cutting edge’ of the imple-
may be determinable by further review of the imaging. ment.
The depth of the injury and its direction are of great • The nature of the force applied: stabbing incidents
importance when considering different accounts of are usually dynamic, involving complex relative
causation of stab wounds and so the more information movements between victim and assailant.
recorded at the time of treatment, the more helpful it • Whether clothing has been penetrated: some
can be to the justice system. items of clothing, such as thick leather jackets,
Any weapon with a point or tip can cause a stab may offer significant resistance to penetration.
wound; the edge of the blade does not need to be • Whether bone has been injured: skin offers little
sharp. For example, a ballpoint pen or a screwdriver resistance to penetration by a sharp knife, but
can cause stab injuries. Stab-like wounds may also injury to bone tends to suggest that a greater
be caused by other (relatively) blunt objects such as force has been used to inf lict the wound.
car keys. For penetration of the skin to occur, a vari- Significant penetration of bone may also dam-
ety of factors determine how much force is required, age the knife.
including:
Once a knife or other sharp implement has pen-
• The sharpness of the tip of the weapon: this is often etrated the skin, subcutaneous tissues (except bone)
the most important factor and the sharper the tip, offer little further resistance to deeper penetration and,
the easier it is to penetrate the body. to an assailant, it may appear that the rest of the weapon
120 Assessment, classification and documentation of injury

(a)

(b)

Figure 8.25 Knife wound with knife tip in the bottom


right of figure. (Courtesy of Jason Payne-James.)
Figure 8.24 (a) Slash wound across left forearm from
knife, penetrating skin, muscle and tendon. (b) Slash-
type wound to forearm; wound is wider than it is deep. punches, kicks, bites, scratching, holding or gripping
(Courtesy of Jason Payne-James.) injuries and defence injuries can sometimes be identi-
fied by their patterns (Figure 8.27).
‘follows through’ with almost no additional effort or
force being applied. The insertion of a sharp knife into Punching
the body, especially through the skin stretched across A punch is a blow delivered by the clenched fist. The
ribs, requires only moderate force and can be easily blow can be directed anywhere, and the effects are,
achieved, and pressure from a single finger may be suf- in part, dependent on force of delivery. Visible injury
ficient to push a very sharp implement through the chest is more likely to be seen over those areas of the body
wall at this site. where the skin is closely applied to bone, as in the face
The nature of a stab entrance wound on the skin sur- and skull. The entire range of blunt force injuries can
face can assist in determining the size and the cross- be caused, including reddening, swelling, bruises,
sectional shape of the weapon used (Figure 8.25). If a abrasions, lacerations and fractures. These findings
blade of some sort is used, the general comments in Box may also be present on the hand delivering the punch.
8.3 apply. On the face, the lips may be compressed against the
teeth, resulting in bruising, abrasion and lacerations
Chop injury inside the lips. An imprint bruise or abrasion of the
Chop injuries may be caused by a variety of implements teeth may be present. Any examination following a
that are generally heavy, and relatively blunt, bladed blow to the face or mouth always requires intraoral
instruments. These include some machetes, Samurai examination. A single punch to the nose or forehead
swords and axes. Because of the variability of the ‘blade’, can cause bilateral periorbital bruising (black eyes).
injuries sustained may be a mixture of sharp and blunt Severe force punches can break ribs. Intra-abdominal
force wounds, typically involving bruised, crushed and injury, including mesenteric laceration, intestinal
abraded wound margins. These are often referred to as rupture and injury to the major abdominal organs,
‘chop’ wounds. Fractures and amputations may also may result, particularly if punches of adequate force
result from the use of such implements and substantial are delivered to a vulnerable (i.e., untensed) abdomen.
scarring may ensue (Figure 8.26). It is with implements
such as these that interpretation of the nature of wounds Kicking and stamping
(sharp vs blunt, slash vs stab) may be particularly chal-
Kicking and stamping injuries from shod or unshod
lenging.
feet may also exhibit the entire gamut of blunt force
injury. However, kicks and stamps can be more pow-
Other types of injury pattern erful than punches, and more so if delivered to an
Documentation of the site, orientation and pattern(s) of individual already vulnerable (e.g., lying on the floor
the wounds will often reveal useful indications about or unconscious). Stamping to the chest, head, thorax,
the causation of the wound. Particular actions such as abdomen and limbs can cause substantial bony and
Types of injury 121

Box 8.3 E xamples of features to consider which can influence the appearance of a
possible stab wound
A slit-like wound will distort, after removal of the Provided that clothing has not intervened, skin
weapon, because of the action of elastic fibres present adjacent to the stab wound may be bruised and/
in the skin. If the fibres are orientated at right angles to or abraded as a consequence of forcible contact
the skin surface wound, it will be pulled outwards and between the skin and, for example, the hilt/blade
get shorter and wider; if they run parallel to the skin sur- guard of a knife, or the ‘knife-wielding’ hand of the
face wound, it will be pulled lengthways and the edges assailant.
will tend to close and the wound elongate slightly. The depth of a wound within the body may be
Even if the edges of the wound are gently pushed greater than the length of the blade if a forceful stab is
together, the resulting defect is rarely the exact size as inflicted. This is because the abdomen and, to a lesser
the knife. extent, the chest, and other soft tissues can be com-
The dimensions of the wound on the skin surface pressed by the force of the knife hilt or knife-wielding
and depth of the wound also depend on the shape/con- hand against the skin.
figuration of the blade and how deeply it was inserted. A blunt object such as a screwdriver or ‘spike’ will
Movement of the knife in the wound, as a conse- tend to indent, split and bruise the skin on penetra-
quence of relative movement between the assailant tion. Different types of screwdriver can cause different
and victim, may cause the wound to be enlarged. If the patterns of injury, for example ‘cross-head’ or ‘Phillips’
knife is twisted or rotated within the body, an irregu- screwdrivers can cause very distinctive cruciate skin
larly-shaped, or even triangular, skin surface wound surface wounds.
may be result. Unusually shaped stab wounds may be caused by
Many knives have only one cutting edge; the other implements less commonly encountered in stabbing
being blunt. This design may be reproduced in the assaults; scissors, for example, may cause a ‘Z-shaped’
wound where one wound apex is sharp or ‘V’-shaped, skin surface injury, while chisels may cause rectangular-
while the other is blunt, or rounded. The blunt wound shaped stab wounds. When such injuries are encoun-
apex may ‘split’ at each side, an appearance commonly tered, it is important to consider unusual causative
referred to as a ‘fishtail’. implements.

Figure 8.27 Typical severe fingernail scratching injuries


to the face. (Courtesy of Jason Payne-James.)

organ damage, and can result in life-changing or fatal


injury. Stamps to the abdomen, for example, can result
Figure 8.26 Multiple hypergrophic scars to left in liver, spleen, pancreas and intestinal rupture, leading
arm and shoulder caused by machete. to internal haemorrhage and peritonitis. Kicking and
(Courtesy of Jason Payne-James.) stamping may leave areas of intradermal bruising that
122 Assessment, classification and documentation of injury

reflect the pattern of the sole of the shoe which may lead (a)
to identification of the assailant.

Bite injuries
A bite mark can be described as a mark caused by
teeth alone, or by teeth in combination with other
mouth parts. Biting is a dynamic process and bite
marks can be complex injuries. Bites can be human
or animal.
Bite damage can be caused by a mixture of ­c utting –
predominantly from the incisor teeth – and tearing
when teeth clamp down on skin and other tissue.
The appearance of bite marks made by human teeth/
mouths can vary significantly from there being little
to no visible injury, to reddening, swelling, bruising,
abrasions/cuts and substantial skin and tissue loss. (b)
In some cases, the pattern of individual teeth marks
is very clear as these leave an imprint or impression
at the site of injury.
Bite marks may be seen in all crimes of violence
including sexual assaults, child and elder abuse, and
also on the sports field.
Bite marks may be found on almost any surface of
the body; specific sites are associated with specific
forms of assault (Figure 8.28a–c). The neck, breasts and
shoulders are often bitten in a sexually motivated attack,
while in child abuse bites to the arms and the buttocks
are ­common.
A forensic odontologist should review any possible
bite marks when confirmation of identity of the biter is
required. There have, however, been many judicial con-
cerns about the practice of bite mark-suspect dentition
comparisons by forensic odontologists, and even the
ability of forensic practitioners to reliably recognise that
an injury is, in fact, a human bite mark. (c)
Despite these concerns, it is essential that forensic
practitioners, and all healthcare professionals caring for
the vulnerable, consider whether the injury that they are
examining could be a bite mark so that the injured area
can be swabbed for DNA recovery, and so that it may be
photographed with a scale by a trained forensic photog-
rapher.

Defence injuries
In situations of assault and attack it is a normal reflex to
protect oneself. In many instances, that reflex inevita-
bly results in the individual being assaulted sustaining
injury, albeit whilst potentially reducing the extent of
injury that might otherwise have been sustained.
When a knife or a stabbing implement is directed at Figure 8.28 (a) Human bite with tissue loss to the right
an individual, the head and face may be protected by ear. (b) Bite mark with bruising, skin lifts and teeth
raising the hands and arms to cover the head and face. marks to chest. (c) Bite causing tissue loss to chin – no
The hand may attempt to grab or deflect a weapon. The identifiable teeth marks are evident.
arms and hands sustain injuries but the head, face and (Courtesy of Jason Payne-James.)
Survival after injury 123

(a)

(b)

Figure 8.30 Bruising to extensor aspect of left arm –


raised to ward off impact from baseball bat.
(Courtesy of Jason Payne-James.)

surfaces of arm and upper arm (Figure 8.30) which may


be raised to protect against blows, and on the back,
Figure 8.29 (a) Defence injuries to right hand causing or the back of the legs, if an individual is taken to the
by knife. (b) Example of how trying to fend off a knife – ground and, for example, kicked. The victim will tend to
or grasp it – may result in defensive injuries to palm. curl up in a ball with hands and arms over the head and
(Courtesy of Jason Payne-James.) legs tucked up towards the chest.
Defence injuries may also be absent following an
eyes are protected. In addition, in incidents involving assault. This may be for a number of reasons including
knives where a knife may be thrust towards an indi- unconsciousness from assault, or incapacity through
vidual, he may try and defend himself by grabbing the drugs or alcohol or restraint by another person or
knife blade and deflecting it away from, for example, ­persons.
the chest and abdomen. Grabbing of the cutting edge
of the blade can result (if the knife is sharp enough)
in cuts to the part of the hand that seizes that blade Survival after injury
(generally the palm or gripping side of the hand and The length of survival following infliction of an injury
fingers; Figure 8.29). Both the assailant and victim is difficult to determine: every human being is different
can sustain incised wounds if there has been a strug- and this variability in survival and post-injury activity
gle. It is generally suggested that the dominant hand is to be expected. It is, however, a subject on which any
may automatically be used to defend onself but, if the forensic pathologist or forensic physician should expect
dominant hand (most commonly the right) is other- to be asked. Any expression of either survival time or of
wise engaged, the non-dominant hand may be used. the ability to move and react must be given on the basis
Multiple defence wounds may be sustained during an of the ‘most likely’ scenario, accepting that many dif-
assault, and such wounds to the hands may be of vari- ferent versions are possible. The court must be advised
able depth, or discontinuous, as the hand is not a flat of the difficulties of this assessment based on medical
surface. Distinguishing between defence wounds to findings alone. The medical evidence should be taken
the palm of the hand from fending of an attack, and in context with all other evidence including eyewitness
wounds to the hands caused by the assailant’s own accounts, CCTV and body worn video.
hands slipping down to blade when undertaking the It must be remembered that survival for a time after
assault may be very difficult to distinguish. injury and long-term survival are not one and the same
Defence-type injury after blunt weapon assault thing. The initial response of the body to haemorrhage
will be seen in the same regions, namely the extensor is ‘compensatible shock’, shutting down peripheral
124 Assessment, classification and documentation of injury

circulation; if blood loss continues, the homeostatic


mechanisms may be overwhelmed and the individual Box 8.4 E xamples of mechanisms
enters the phase of ‘uncompensated shock’, which leads of death following trauma
inexorably to death.
• Pulseless electrical activity (PEA) cardiac arrest
Many examples exist of individuals with apparently
potentially immediately fatal wounds who have per- due to massive haemorrhage (internal and
formed purposeful movements/actions for some time external).
• Ventricular arrhythmias following brain swell-
after what subsequently turns out to be a ‘fatal’ injury.
Forensic practitioners should always be very wary about ing and internal herniation due to blunt force
allotting fixed times after which somebody could not have head injury.
• Ventricular arrhythmias following traumatic
survived, as they will almost invariably be confronted
with other evidence showing that they clearly did do so. basal subarachnoid haemorrhage (caused by
blunt impact to head, usually at the level of the
skull base).
Mechanisms of death • Ventricular fibrillation following alternating cur-
following trauma rent electrocution.
• Ventricular fibrillation following blunt impact to
Given the complexity of the physiological responses to
the front of the chest.
injurious insults, evaluating why an individual died at a
particular time is extremely difficult, unless, for exam-
ple, their physiological status was being monitored in an
intensive care unit. (e.g., insurance fraud). Such injuries may not always fol-
All injurious insults lead to a disturbance of function low the pattern of ‘typical’ self-harm injury. Cases have
at varying levels/scales (i.e., sub-cellular, cellular, tis- been described of single self-stab wounds to the heart
sue, organ and whole organism), and to varying degrees, and head.
and a fatal outcome depends on the interaction between Fatal self-inflicted blunt force injuries may be
the disturbance in function and the physiological resil- inflicted following, for example, jumping from a height
ience of the injured person. Systems biologists refer to or under a train. In the absence of witnesses, or CCTV
complex physiological systems – the central nervous evidence, consideration must be given to a question
system, or cardiovascular system, for example – as being such as ‘were they pushed?’ or other alternative sce-
‘robust yet fragile’, meaning that healthy physiologi- narios. There may be no specific features to the injuries
cal function can withstand remarkably diverse insults that identify them as self-inflicted. Self-inflicted bite
and disturbances up to a threshold beyond which they marks may occasionally be seen on the arms of an indi-
fail. When viewed in this light, death following trauma vidual who claims to have been assaulted or blunt force
occurs when the degree of injury is such that it over- injuries to the head or other parts of the body. Abrasions
whelms the physiological limit of the organ(s)/systems might be created by using objects such as abrasive pads
disturbed by the traumatic insult. to fabricate injury.
The common final pathways of fatal injuries are usu- Self-inflicted incised or stabbing injuries, however,
ally mediated by disturbances in the electrical activity often show specific patterns that vary depending on the
in the brain, leading to impaired cardiovascular and intention of the individual. In suicidal individuals, self-
respiratory function, and heart, leading to abnormal inflicted sharp force injuries are often found at specific
heart rhythms (arrhythmias); both of which can termi- sites on the body referred to as ‘elective sites’; for slash
nate in cardiac arrest. See Box 8.4 for some examples of type wounds these are most commonly on the front of
mechanisms of death following trauma. the wrists and neck, whereas stab wounds are often
inflicted over the precordium and the abdomen. In indi-
viduals who are not intending to commit suicide, the site
Self-inflicted injury can be anywhere on the body that can be reached by the
All types of injury can be self-inflicted, accidentally individual (Figure 8.31a and b). Generally, the eyes, lips,
inflicted or deliberately inflicted by another. Many self- nipples and genitalia tend to be spared.
inflicted injuries are caused by those with psychiatric or The other features of self-inflicted injuries lie in
mental health issues, or in association with stressful life the multiple, predominantly parallel, nature of the
situations and anxiety. Patterns of injury are well docu- wounds and, in suicidal acts, the more superficial inju-
mented in such individuals. In the forensic setting there ries are referred to as ‘hesitation’ or ‘tentative’ injuries
is a small, but important, group of individuals who self- (Figure 8.32).
injure for other reasons, such as staging an assault for The forensic practitioner has an important role in
attention-seeking and similar motives, or to deliberately the evaluation of the nature and pattern of injuries that
implicate others in criminal acts or for financial gain might be self-inflicted. In the absence of an admission of
Torture 125

(a) self-harm from an individual, it may be possible to come


to a view as to whether injuries are likely to have been
self-inflicted if the characteristics listed in Table 8.1 are
considered. Some or all of these characteristics, com-
monly inflicted by some form of implement such as a
knife or a nail, may be present, but it is important to note
that only some, and rarely all, may be present in an indi-
vidual case. The absence of a particular feature listed
does not preclude self-injury; neither does its presence
necessarily imply self-injury.
For some cases, it may not be possible to exclude
(b) assault, and evidence of self-harm, rather than assault,
must come from alternative sources, such as other wit-
ness evidence.
The staging of assault or injury may also involve other
individuals complicit in the process. In such a setting,
injuries that are unusual (although not unknown) as
‘self-harm’ injuries (e.g., black eyes or deep abrasions)
may have been inflicted by an accomplice. In such
cases, the detail of the accounts given (or not given) can
be crucial in determining the actual course of events.

Torture
Article 3 of the European Convention on Human Rights
states that no-one shall be subjected to torture or to
Figure 8.31 (a) Multiple linear burn marks (caused by inhumane or degrading treatment or punishment.
heated knife blade applied to the skin) – note healed Unfortunately, such treatment and punishment is still
lesions between acute lesions. (b) Multiple incised widely found throughout the world.
wounds to forearm caused by a male with a psychotic The International Committee of the Red Cross uses
episode harming himself with a knife blade. definitions for torture and other forms of ill-treatment
(Courtesy of Jason Payne-James.) which are: torture consists of severe pain or suffering,
whether physical or mental, inflicted for such purposes
as obtaining information or a confession, exerting pres-
sure, intimidation or humiliation; cruel or inhumane
(synonymous terms) treatment consists of acts which
cause serious pain or suffering, whether physical or
mental, or which constitute a serious outrage upon indi-
vidual dignity. Unlike torture, these acts do not need to
be committed for a specific purpose; and humiliating
or degrading (synonymous terms) treatment consists of
acts which cause real and serious humiliation or a seri-
ous outrage upon human dignity, and whose intensity is
such that any reasonable person would feel outraged; ill-
treatment is not a legal term, but it covers all the above-
mentioned acts.
Forensic physicians and pathologists may be asked
to assess individuals claiming torture or other forms
of ill-treatment and human rights abuse. Such assess-
ments can be complex and it may be necessary to assess
and interpret physical findings for which there may be
a number of explanations. The doctor’s role is to assess
these findings impartially. In order to make an assess-
Figure 8.32 Multiple new incised wounds with smaller ment for physical evidence of torture a structured exam-
and more superficial tentative injuries (arrowed). ination must take place, which involves the history, the
(Courtesy of Jason Payne-James.) medical history and then the physical examination.
126 Assessment, classification and documentation of injury

Table 8.1 Some characteristics that may be associated with self-inflicted injury
Characteristic Additional Comments
On an area of the body that the individual can access Sites less accessible to reach (e.g., the middle of the
themselves back) are less likely
Superficial or minor injury Although more severe injury can be caused – particularly
in those with psychiatric disorder or suicidal intent
If there is more than one cut they are of similar Typically self-inflicted cutting injuries are more
appearance, style and orientation superficial, numerous and similar than those sustained in
an assault by another person – where the natural
reaction of the injured person is to avoid repeated injury,
and both assailant and victim will be moving
If there are other types of injury (e.g., scratches, cigarette As above – more than one similar injury should raise an
burns) they are of similar appearance, style and index of suspicion as to the possibility of self-infliction
orientation
Multiple similar injuries Raise a high index of suspicion as to the possibility of
self-infliction
Parallel injuries As above
Injuries grouped in a single anatomical region As above
Injuries are grouped on the contralateral side to the A right-handed person is more likely to create injury on
patient’s handedness the left-hand side of the body
Tentative injuries Smaller or lesser injuries grouped with the main injuries
suggest the initial ‘tentative’ attempts at self-harm
Old healed scars in similar sites May indicate previous attempts at self-harm
Scars or healing wounds of different ages in similar sites May indicate repeated previous attempts at self-harm
Slow-healing injuries Persistence of wounds that would otherwise have been
expected to heal – in the absence of any other factors.
Psychiatric and related issues – such as eating disorders,
drug and alcohol misuse

The physical examination must involve systematic • Beating of the soles of the feet (falanga, falaka or
examination of the skin, face, chest and abdomen, mus- bastinado; Figure 8.33).
culoskeletal system, genitourinary system and the central • Amputation (Figure 8.34).
and peripheral nervous systems. Specific examination • Positional torture – e.g., cheera (legs stretched
and evaluation are required following specific forms of apart) or Parrot’s Perch (wrists tied over knees –
torture which include: beatings and other blunt trauma; a pole placed under the knees).
beatings of the feet; suspension; other positional torture; • Suspension – e.g., Palestinian hanging (arms and
electric shock torture; dental torture; asphyxiation; and wrists tied and elevated behind the back; Figure
sexual torture, including rape. Specialised diagnostic 8.35), which can result in disruption of shoulder
tests can be used to assess damage (e.g., radiological joint complexes and subsequent deformity.
imaging, nerve conduction studies). • Electrical burns (Figure 8.36).
The history taking should include direct quotes • Wet submarino – immersing the victim’s head in
from the victim, establishment of a chronology, where a container full of water until the person almost
possible backing it up, for example, with old medical drowns.
records and photos. A summary of detention settings • Dry submarino – placing the victim’s head inside
and abuses, must be obtained with details of the condi- a plastic bag until nearly suffocated.
tions within those settings and methods of torture and
ill-treatment. Attention must also be paid to, and may Each of these may have short- and long-term sequelae.
require specialist assessment of, the psychological sta- It is extremely important to recognise that there
tus of the victim. Specific torture techniques that may may be no physical evidence of torture. Where scars or
be described include: marks are present it is important, for the credibility of
Documentation of injury or marks of injury 127

Figure 8.33 Bruising to feet caused by repeated


blunt impact to feet – falanga.
(Courtesy of Jason Payne-James.)
Figure 8.36 Electrical burns – scarring to scrotum
as a result of application of electrodes.
(Courtesy of Jason Payne-James.)

and Other Cruel, Inhuman or Degrading Treatment or


Punishment, a set of international guidelines for docu-
mentation of torture and its consequences. It became a
United Nations official document in 1999 and provides
a set of guidelines for the assessment of persons who
allege torture and ill-treatment, for investigating cases
of alleged torture, and for reporting such findings to the
judiciary and any other investigative body. It is the most
appropriate means by which robust evidence can be pre-
sented in a standardised manner to the relevant authori-
Figure 8.34 Amputation of right thumb as a form of
ties. It is in the process of revision and the new version is
­torture. (Courtesy of Jason Payne-James.)
likely to be available in 2020.
Interpretation of findings regarding scars or marks is
undertaken using the following scale (this scale is also
useful in criminal and other trial settings):

• Not consistent: could not have been caused by the


trauma described.
• Consistent with: the lesion could have been caused
by the trauma described but it is non-specific and
there are many other possible causes.
• Highly consistent: the lesion could have been
caused by the trauma described, and there are few
other possible causes.
• Typical of: this is an appearance that is usually
found with this type of trauma.
Figure 8.35 Visible abnormality subsequent to • Diagnostic of: this appearance could not have
joint d
­ isruption after Palestinian hanging. been caused in any way other than that described.
(Courtesy of Jason Payne-James.)

the examination, to distinguish between alleged torture


Documentation of injury or marks
scars and injuries and non-torture scars and injuries. of injury
Doctors and other healthcare professionals outside the
Istanbul Protocol forensic setting tend to use medical terminology within
In order to address the issues of torture and human reports and statements. This approach is generally not
rights abuses it is important that there are effective ways helpful, either to colleagues attempting to interpret
of documenting and comparing findings. The Istanbul their meaning or to courts, (including non-medically
Protocol is the shortened term to describe the Manual qualified judges and juries), unless a concurrent expla-
on Effective Investigation and Documentation of Torture nation in lay terms is provided.
128 Assessment, classification and documentation of injury

Forensic pathologists may be dependent on avail- (e.g., ForensiDoc ®). Such documentation will ensure
able information, from police, from witnesses, from that the opportunity for proper interpretation is max-
medical records, from family and many other sources imised. Thus, any clinical notes should: record the
to determine what may or may not have caused fatal appropriate history; record accurately and clearly all
injury. Forensic physicians dealing with the injured findings – positive and negative; record legibly; sum-
living person may be able to get a history directly from marise findings with clarity; use consistent terminol-
that person, but may not have access to other materi- ogy; and interpret within the limits of your experience.
als. If it is possible to take a history, then the relevance If the healthcare professional is not able to interpret
of each factor listed below should be considered: findings then this should be stated clearly in any report.
There is frequently an ‘evidence gap’ for those who
• When did the injury or injuries happen?
are seriously injured, and who require immediate
• Have they been treated (e.g., at hospital or at home)?
resuscitation and immediate surgery or ventilation,
• Are there any pre-existing illnesses (e.g., skin
when compared with those with relatively minor inter-
disease)?
personal assaults, where the complainant can give a
• Are there any pre-existing (but unrelated) sites of
full account and injuries can be documented, and the
injury?
deceased, who will have a full post mortem examina-
• Does the individual take any regular physical
tion carried out by a forensic pathologist. The need to
activity which puts them at risk of injury (e.g., at
save life and stabilise the critically injured is the prior-
work, or whilst participating in contact sports)?
ity, rather than the need to document injury accurately,
• Is the person taking regular medication (e.g., anti-
or to retrieve crucial evidence, and lack of forensic skills
coagulants, steroids)?
mean that often hugely important evidence (e.g., nature
• What is the handedness of the complainant and
of injury or important trace materials) is lost. There is
suspect?
a clear argument for those involved in the care of the
• Were drugs and/or alcohol used?
severely or critically injured to have access to forensic
• What weapon or weapons was/were used (if still
physicians who can (with the consent of the clinical
available)?
teams) gather evidence at the earliest opportunity.
• What clothing was worn?
Forensic pathologists must document and record
Most of this information should be easily obtainable all injuries identified at post mortem examination in
from the history and documented in the contemporane- detail, sufficient to enable subsequent review of their
ous medical notes. findings, and to demonstrate the reliability of their con-
The following characteristics should be recorded clusions in any legal forum.
wherever possible for each injury identified:
Forensic photography
• Location (anatomical – measure distance from
landmarks) Forensic photography is a specialised area embracing a
• Presence of pain or tenderness range of imaging techniques that allow best presentation
• Reduced mobility/altered function of visually relevant evidence in an appropriate format. The
• Nature of injury (e.g., bruise, laceration, abrasion) principles are straightforward, and ensure that interpre-
• Size (measure, do not estimate. Use a ruler or a table images are retained. Photographic techniques have
scale – which could include a colour standard e.g., included the use of ultraviolet, infrared and polarised light
Forensigraph®) photography, which have been said to enhance or identify
• Shape items or injuries of interest. Data are somewhat lacking as
• Colour to the utility of these techniques which in general enhance
• Orientation or show features which may not ordinarily be visible to the
• Possible age (is it consistent with account?) naked eye. Caution should be used when reviewing such
• Causation (is it consistent with account?) images. An essential element of forensic photography is
• Handedness (of complainant and suspect) data management of images and how these are appropri-
• Time (that injury was caused) ately stored, reproduced and shared. Forensic practitio-
• Transientness (has it changed in appearance?) ners need to work closely with forensic photographers to
ensure that the relevance of images taken is best suited
The recording of such information in the clinical set- to the requirements of the evidential and court process.
ting should ideally be in three forms: first in a written All forensic practitioners should consider undertaking
form, appropriately describing the injury; second as a training in forensic photography. Poor-quality imaging
hand-drawn body diagram; and third, ideally, to sup- is now unacceptable and it is appropriate that those most
plement the first two, in digital image form. There are skilled in producing robust evidence are used to provide it
some Apps which can record all this type of information for courts and other agencies. Guidelines are available on
and data (via tablet or smartphone) which can generate best practice. Boxes 8.5 and 8.6 describe 2D and 3D pho-
immediate reports summarising all such information tography of patterned injuries in more detail.
Documentation of injury or marks of injury 129

Box 8.5 2D photography of patterned injuries


The utilisation of conventional 2D photography for the photographer fails to do this correctly, angular dis-
image-capture of a patterned injury often results in tortion occurs.
some form of visual distortion which can change the • Type 2. The scale must be placed on the surface
appearance of the patterned injury in the image. Further of the skin to ensure that the scale is on the same
error is introduced by the use of inappropriate measur- plane as the injury.
ing scales and poor placement of the correct scale next • Types 3 and 4. Applying too much pressure on the
to the injury. scale when it is placed next to the injury can warp
The following method is recommended for obtain- a portion of the scale. Tilting the scale will cause
ing photographic evidence of patterned injuries to distortion.
a sufficient standard for analysis and presentation to
The scale should be close to the injury, but not so
court.
close as to obscure any less obvious peripheral marks.
A. Equipment
For best practice in obtaining sufficient images, there C. The sequence of images of an injury
are basic equipment requirements: 1. Image of the person’s means of identification (e.g.
• Digital Single Lens Reflex (DSLR) camera. DSLRs patient label, consent form, etc.).
are advisable as smartphones in general produce 2. A locator shot, showing the injury an identifiable
Images that are of poor quality. anatomical area, without a scale (e.g. the whole
• Prime (macro) lens e.g. 60 mm or 105 mm. A arm, full face, or leg).
shorter focal length than 60 mm will cause barrel 3. Close-up shots of the injury, including the whole
distortion. of the scale (e.g. all 3 circles of an ABFO No. 2 scale
• Use of a suitable single flashgun or ringflash, must be shown, helping to identify any angular
properly positioned so as not to cause unwanted distortion).
shadows. 4. If an injury is on a curved surface, then multiple
• A rigid L shaped scale (ABFO No.2), and a lon- views (at least 3) will be needed.
ger straight scale if required for large patterns. 5. If an injury is on an area such as the chest, the posi-
Without this scale being placed correctly, and tion of the body should be taken into account.
photographed with the injury, further analysis is 6. Detailed shots of specific features of an injury, if
affected, and the photograph being inadmissible required.
in court. The use of tape or adhesive scales should 7. An image of the person’s means of identification
be avoided. again, to ‘close the sequence’.

B. Correct positioning of the camera to the injury D. Photography of a suspected implement


Forensic analysis of patterned injuries is severely In some situations, it is relevant to the investigation to
affected by distortion. Photographic distortion is one examine the implement suspected to have caused the
of the few controllable variables in this process. There patterned injury. In this case the striking edge of the
are three main types of photographic distortion: implement should be photographed employing the
same technique used to photograph the injury. This
• Type 1. When taking the photographs, the film will enable the trained professional to compare scaled
plane (CCD or CMOS sensor) of the camera must photographs of the suspect implement and patterned
be perpendicular to the plane of the injury. If the injury using photographic ‘overlay’ techniques.

Box 8.6 3D imaging in bite-mark photography


Bite marks are frequently discovered on curved parts practice utilises a digital single lens reflex (DSLR) cam-
of the body which creates a problem for their accurate era, and requires strict adherence to protocols devised
documentation by forensic practitioners. A 3D anatom- to minimise distortion, as described above. It is inevi-
ical structure has to be recorded in a 2D image which table, however, that some distortion to the bite mark
is free of visual distortion. Current best photographic will be introduced in the image, and this may lead to
(Continued)
130 Assessment, classification and documentation of injury

Box 8.6 (Continued) 3D imaging in bite-mark photography


inaccurate measurements being made in the subse- Currently, a laser scanner creates the most precise
quent image analysis. This error is introduced in two 3D model of a dental cast. However, the lack of por-
ways: tability of most of these systems makes them difficult
to use in capturing the actual bite mark, particularly in
• Camera operator error – caused by not adhering
children who are unable to stay still for a long time.
to protocol (angular distortion) and poor choice of
Passive stereo-photogrammetry devices are more
camera lens (a short focal length will cause barrel
portable, and often use a DSLR camera with a specif-
distortion).
ically-designed stereo lens attached. Two strategi-
• Incorrect placement of the scale in relation to the
cally placed mirrors collect two images from slightly
bite mark.
different angles on to one sensor (CCD or CMOS). The
These errors are common in forensic imaging. To scanner’s software compares the different points of ref-
reduce error, it has been proposed that practitioners erence to apply the principles of triangulation, and cre-
employ 3D image capture. Stereo-photography, and ate a 3D model. While the portability and relatively low
laser scanning, have been shown to be more precise, cost of this device makes it a viable option for capturing
robust and accurate forms of recording bite marks than bite marks, to date, such devices provided inadequate
2D photography. 3D image capture, however, is still in 3D models of a dental cast.
its infancy. Complete 3D bite-mark analysis requires 3D 2D imaging, and the subsequent analysis, requires
capture of both the injury and the dental cast of the sus- correct scale placement for consistent measurements
pected biter(s). To date, no one system has been shown of the bite mark. 3D imaging devices are calibrated to
to perform the task for both applications adequately. fixed distances and do not require any scale placement.
There are two methods of 3D image capture: active In addition, poor camera positioning does not have a
and passive. Active methods use laser scanning to gather significant effect on the data set.
the data for reconstruction, and involve reasonably There is a lack of published data as to what consti-
expensive equipment. Most of these systems employ a tutes the true shape and extent of a patterned injury
red laser light to scan the object’s surface, which then which might provide a credible baseline against which
reflects back to a digital sensor. As the sensor and the to compare the accuracy of patterned injury imaging
laser are calibrated to capture the object at a known measurements; 3D imaging has the potential to control
distance, the scanner’s software can interpret the data at least the measurement variable in the process of bite
using trigonometry to create a 3D model of the object. mark analysis.

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9 Ballistic injuries

▪▪ Introduction ▪▪ Evidence recovery


▪▪ Types of firearms ▪▪ Blast injuries
▪▪ Firearms injuries ▪▪ Mass disasters
▪▪ Air weapons, unusual projectiles and other weapons ▪▪ Bibliography and information sources
▪▪ Determination of accident, suicide or murder ▪▪ Further general resources

Introduction that propel the projectile(s). Airguns and air rifles form
a separate group of weapons that rely upon compressed
The unlawful use of firearms as weapons of assault gas to propel the projectiles. These weapons, and more
continues to increase. Firearms are relatively easy to unusual forms of projectile or firearm, such as the rub-
obtain, whether in jurisdictions where their possession ber bullet, stud (also known as power-actuated or nail)
is controlled and use is permitted or not. Legislation guns and humane killers, are considered at the end of this
intended to reduce availability often seems to have section.
an impact only on those with a lawful need or reason Modern propellants consist of nitrocellulose or
for possession, rather than on those intent on using other synthetic compounds prepared as small coloured
firearms for criminal purposes. In whichever jurisdic- flakes, discs or balls. During the process of firing a bullet
tion the forensic practitioner practices, he or she will or shotgun cartridge the following sequence of events
encounter injury and death caused by a wide variety of occurs: the firing pin strikes the primer cup and the
firearms. Often the availability and control of firearms primer compound explodes; small vents between the
is a focus of intense political debate. The nature of the primer cup and the base of the cartridge case allow the
firearm is often dependent on the jurisdiction. Firearm flame of this detonation to spread to the propellant; the
injury may be deliberate (as in conflict or assault) or propellant burns rapidly, producing large volumes of
accidental or unintentional (e.g., hunting injuries). gas, which are further expanded by the very high tem-
peratures of the ignition; and the pressure of this gas
Types of firearms propels the shot or bullet from the barrel.
The speed with which the projectile leaves the end of
Within England & Wales a firearm is ‘a lethal barreled the barrel (the muzzle velocity) varies from a few hun-
weapon of any description from which any shot, bullet or dred metres per second in a shotgun to a thousand or
other missile can be discharged’ (section 57 (1) Firearms more in a high-velocity military weapon. The energy of
Act 1968). It includes: the projectile is proportional to the speed at which it
• Any prohibited weapon (see below in this guid- travels and is calculated from the kinetic energy (½MV2)
ance section 5 Firearms Act 1968), whether it is of the bullet. Higher muzzle velocities are considerably
such a lethal weapon as aforesaid or not. more effective at delivering energy to the target than
• Any component part of such a lethal or prohibited larger bullets. The extent of injury, and wound pattern,
weapon. created by a firearm is, in part, directly related to the
• Any accessory to any such weapon designed or muzzle velocity.
adapted to diminish the noise or flash caused by
firing the weapon. Shotguns
The term ‘lethality’ itself is a complex issue and Shotguns, commonly used in the sport, hunting and
although case law exists (Moore v Gooderham [1960] 3 farming sectors, are long-barrelled, smooth-bore fire-
All E.R. 575), only a court can decide whether any par- arms that are used to discharge cartridges that usually
ticular weapon is a ‘firearm’ for the purposes of the Acts. contain a number of shot. These guns may have single
There are two main types of firearm: those with or double barrels, commonly 26–30 inches (66–76 cm)
smooth barrels, which fire groups of pellets or shot, and in length; the double-barrelled weapons are arranged
those with grooved or rifled barrels, which fire single pro- either ‘side by side’ or ‘over and under’. The length of the
jectiles or bullets. Both of these types of weapon rely upon barrel makes handling and concealing shotguns dif-
the detonation of a solid propellant to produce the gases ficult and so it is not uncommon for the barrels to be
134 Ballistic injuries

(a) (b) calibre, shot size and distance at which the shotgun was
Case discharged from the target (see below).

Rifled firearms
Shot This group of firearms usually fire one bullet at a time
through a barrel that has had a number of spiral grooves
Wad cut into the bore. The resultant projections, referred to
as ‘lands’, engage with the bullet and impart gyroscopic
Powder spin that produces a more stable and accurate trajec-
charge tory. Rifled weapons fall into two main groups: hand
guns and rifles.
Brass head Revolvers and pistols are short-barrelled hand guns.
Revolvers contain a rotating cylinder into which car-
Primer
tridges are manually loaded. Pistols, or semi-automatic
Figure 9.1 Shotgun cartridge structure: (a), image of a hand guns, usually contain a magazine enclosing the
shotgun cartridge; (b), diagram of structure of typical cartridges located within the grip. The firearm is dis-
cartridge. charged when the cocked firing pin, or striker, impacts
on to the primer cup in the base of the cartridge by pull-
ing the trigger. The main difference in the two types of
shortened for criminal activities. This shortening of the firearm is the method of operation (Figure 9.2).
barrel has little impact on the effectiveness of the gun, In the revolver, the cylinder rotates to align a new
especially over short to middle distances. A shotgun cartridge with the firing pin and the barrel, which is
generally has an effective range of about 30–50 m. achieved by either pulling the trigger (double action)
The cartridges for shotguns (Figure 9.1) consist of a or by manually cocking the hammer and subsequently
metal base, or head, containing a central primer cap, pulling the trigger (single action). The fired cartridge
supporting a cardboard or plastic tube containing the cases remain in the gun until they are manually
propellant charge and the shot, which is closed by a thin unloaded.
disc or a crimp at the end of the tube. The shot may be In a pistol, the forces generated each time a cartridge is
contained within a plastic wad or there may be discs of discharged are used to recycle the weapon, which involves
felt, cork or cardboard, acting as wads above and below extracting and ejecting the fired cartridge case, resetting
the shot. The plastic wads open into a petal-shape the firing mechanism and loading a new cartridge from
in flight and may themselves contribute to an injury, the magazine into the chamber. For semi-automatic
especially at close range. weapons this occurs each time the trigger is pulled.
Shotgun cartridges are designated according to the Rifles are long-barrelled weapons that are designed to
size of the individual shot contained within and can accurately fire projectiles at targets at a much greater dis-
vary significantly in number depending on the shot tance than revolvers or pistols. Rifles have been designed
size (typically 6–850 in number for a 12-bore cartridge). to use many different types of operating mechanism,
There are also cartridges that contain a single heavy ranging from single shot bolt-action rifles to fully auto-
projectile, commonly referred to as a ‘slug’. The types of matic gas-operated assault rifles, some of which are
wound produced by a shotgun will be dependent on the capable of firing in excess of 700 cartridges per minute.

(a) (b)

Figure 9.2 Revolvers and pistols. (a) Heckler & Koch USP (Universal Service Pistol), Germany, 1993. Calibre 9 mm para-
bellum. (b) Ruger GP–100, USA, 1987. Calibre .357 Magnum.
Firearms injuries 135

Firearms injuries
Injuries sustained from discharge of firearms can origi-
nate from the smoke, flame and gases of combustion
(as well as the projectile). These exit the barrel, together
with portions of unburned, burning and burnt pro-
pellant and other items such as wadding and plastic
containers for the pellets. These items and particles
will usually follow the projectile(s), but in some guns
they may also precede them. The distance they will
travel from the end of the muzzle is extremely variable,
depending mainly on the type of weapon and the type
of propellant. They can also escape from small gaps
around the breech and will soil hands or clothing close
to the breech at the time of discharge. The presence,
location and distribution of such items and particles
may have substantial evidential value in the forensic
investigation of a shooting incident, and determining
who fired or handled the weapon (see Box 9.1).

Injuries from smooth-bore guns


Discharge from a cartridge forces pellets along the
barrel by the gases of detonation. The pellets leave the
muzzle in a compact mass, the components of which
spread out as it travels away from the gun. The shot pat-
Figure 9.3 A 9 × 19 mm Luger semi-automatic pistol
tern expands as a long, shallow cone with its apex close
cartridge (left), and a NATO 5.56 × 45 mm automatic rifle
to the muzzle of the shotgun. The further away from the
cartridge (right).
gun the victim is situated, the larger the pellet spread,
and the larger the area of potential damage (Figure 9.4).
The cartridges for rifled weapons consist of a metal
cartridge case, usually constructed of brass, steel or alu-
minium, a primer cup located in the base, propellant
contained within the cartridge case and a single bullet Box 9.1 The forensic investigation of
fitted into the mouth of the case. The size and design of shooting incidents
the cartridge is dependent on the weapon in which it is The forensic recovery of evidence generated at
to be used and the desired ballistic performance of the the scene of the discharge of a firearm assists with
projectile. Rifle cartridges usually have a larger case to reconstruction of the incident, and in particular, the
bullet ratio, thus a larger propellant load, than hand gun assessment of projectile trajectory and range-of-fire.
cartridges. This is due to the fact that rifle cartridges are The examination of fired bullets and cartridge cases
required to be effective over a much greater distance (up recovered from the shooting scene can be used to
to 2 km) (Figure 9.3). compare the marks observed with those produced
Bullet size (or calibre) and design vary and are pri- from the discharge of a firearm suspected to have
marily concerned with ballistic performance and the been used in the crime. This information can then
ability of the projectile to transfer its kinetic energy to be entered into a firearms database that allows the
the target on impact. The formation of wounds is related determination of links between scenes at which the
to the transfer of the energy of the bullet to the body tis- same firearm may have been used and to establish
sues, and many types of ammunition are specifically gun crime trends, both nationally and internationally.
designed to result in specific wound patterns. In addition, forensic scientists can use specialist
Expanding bullets, also known as Dum-Dum bullets, equipment to determine the velocity and kinetic
are projectiles designed to expand on impact, increasing energy of a projectile in flight, which can be used to
in diameter to limit penetration and/or produce a larger establish the ballistic performance of a projectile and
diameter wound for faster incapacitation. Two typical the lethality of a weapon/ammunition combination.
designs are the hollow-point bullet and the soft-point In the UK, this is routinely used to determine if air
bullet. The Hague Convention of 1899, Declaration III weapons have lethal potential or are especially dan-
prohibits the use of expanding bullets in international gerous according to current UK firearms legislation.
warfare.
136 Ballistic injuries

(a)

(b)

4 3 2 1(a)
6 5

1(b)

Figure 9.4 Variation in appearance of a shotgun wound at Figure 9.6 Firm contact entrance wound just above the
increasing range of discharge: (a)/1(a), split wound from umbilicus from a twelve-bore shotgun. Clothing pre-
contact over bone; (b)/1(b), usual round contact wound; vented soot soiling, but minor peripheral abrasions were
2, close but not contact range up to approximately 30 cm caused by impact of a belt. Gas expansion in the disten-
(variable); 3, ‘rat hole’ (scalloped) wound from 20 cm sible abdomen has prevented skin splitting at the wound
to approximately 1 m (variable); 4, satellite pellet holes edges. (Reproduced with permission from Saukko P and
appearing over approximately 2 m; 5, spread of shot Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.)
increases, central hole diminishes; 6, uniform spread with
no central hole over approximately 10 m. All these ranges may usually be recovered from the wound track. The tis-
vary greatly with barrel choke, weapon and ammuni- sues along the wound track may be blackened and the
tion. (Reproduced with permission from Saukko P and surrounding tissues are said to be pinker than normal
Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.) supposedly as a result of the carbon monoxide contained
within the discharge gases creating carboxyhaemoglo-
Contact wounds are created when the gun muzzle bin. As with most colour descriptions in forensic medi-
abuts the skin and usually results in a circular entrance cine, the theory is not always clearly backed up by the
wound that approximates the size of the muzzle (Figures findings.
9.5 and 9.6). The wound edge will be regular and often A close discharge, within a few centimetres of the
has a clean-cut appearance with no individual pellet skin surface, will also produce a wound with a similar
marks apparent. Often there will be smoke soiling of at appearance, but as for the muzzle gases can escape,
least some of the margin of the wound. There may be a there will be no muzzle mark (Figure 9.7). More smoke
narrow, circular rim of abrasion around some or all of soiling can occur, and burning of skin, with singe-
the entrance wound, caused when the gases of the dis- ing and clubbing of melted hairs, may be seen around
charge enter through the wound and balloon the tissues the wound (Figure 9.8). Powder ‘tattooing’ of the skin
upwards so that the skin is pressed against the muzzle. around the entry wound may be evident. This tattoo-
If the discharge was over an area supported by bone, ing results from burnt and burning flakes of propellant
the gases cannot disperse as readily as they would in causing tiny burns on the skin and cannot be washed
soft, unsupported areas such as the abdomen, and the off. As with contact discharges, wads will often be found
greater ballooning of the skin results in splits (lacera- in the wound track.
tions) of the skin, which often have a radial pattern. In At intermediate ranges (between 20 cm and 1 m),
contact wounds, any wadding or plastic shot containers there will be diminishing smoke soiling and burning of

Figure 9.5 Suicidal twelve-bore shotgun entrance wound,


with soot soiling. The wound shows the outline of the Figure 9.7 A close-range shotgun entrance wound with
non-fired muzzle, indicating that the weapon was a minimal scalloping of the edges, some soot staining,
double-barrelled shotgun pressed against the skin at dis- and peripheral stippling. (From Burton J, Saunders S,
charge. (Reproduced with permission from Saukko P and Hamilton S. Atlas of Adult Autopsy Pathology. Boca Raton:
Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.) CRC Press; 2015 (Fig. 2.38a page 47), with permission.)
Firearms injuries 137

Figure 9.8 Suicidal close range discharge of a twelve-


bore shotgun wound to the chest. This wound has torn Figure 9.10 Upper left thigh injury caused by interme-
a large ragged defect in the chest wall and there is soot diate discharge of both barrels of sawn-off shotgun
discolouration at the medial wound edge because of the to outer leg – bruising, swelling, massive soft tissue
tangential orientation of the discharge. ­disruption caused by discharge.

on generalisations about the ratio of the diameter of


the skin, but powder tattooing may persist. The spread
this spread to the range are unreliable. At long ranges
of shot will begin, first causing an irregular rim to the
(>20–50 m), there is a uniform peppering of shot, and
wound. This is called a ‘rat-hole’ because of the appear-
this is rarely fatal although lifechanging injuries can
ance of the wound edge; the term ‘scalloping’ may also
occur, such as loss of eyes (Figure 9.11a–c).
be used. Additional injuries, sometimes remote from
Shotguns rarely produce an exit wound when fired
the entrance wound, caused by the wads or plastic shot
into the chest or abdomen, although single-pellet exit
containers may be seen (Figure 9.9). Substantial tissue
wounds can occasionally be seen. Exit wounds can
damage may occur when both barrels are fired simul-
be seen when a shotgun is fired into the head, neck or
taneously (Figure 9.10).
mouth. The exit wound in these cases may be a huge
At a range of over 1 m, smoke damage and tattooing
ragged aperture, especially in the head, where the skull
are generally absent and the nature of such longer
may virtually explode with the gas pressure from a con-
range injuries will depend upon the spread of the shot,
tact wound, ejecting part or even all of the brain from
which in turn is ­dependent upon the construction of
the cranial cavity (Figure 9.12).
the barrel. With a normal length barrel shotgun, satel-
lite pellet holes begin to be seen around the main cen- Wounds from rifled weapons
tral wound at a range of about 2–3 m. It is important to
­document the spread of the shot so that if the weapon Bullets fired from rifled weapons, generally at a higher
is recovered, test firings using identical ammunition velocity than pellets from a smooth-bore weapon, will
can be performed to establish the range at which a commonly cause both an entry and an exit wound.
particular spread of shot will occur. Estimates based However, many bullets are retained within the body
because they did not possess enough energy to com-
plete the passage through it, or energy was dissipated
on contact with other structures (e.g., bone). A bullet
has an upper limit of wounding potential derived from
its mass and velocity. Wound severity is related to the
bullet construction and its trajectory, as well as the
properties of the body tissues traversed.

Entrance and exit wounds


Contact wounds from a rifled weapon are generally cir-
cular, unless over a bony area such as the head, where
splitting caused by the propellant gas is common (Figure
9.13). There may be a muzzle mark on the skin surface if
Figure 9.9 Abraded bruise surrounding an intermediate- the gun is pressed hard against the skin, and a pattern
range homicidal shotgun entrance wound, caused by may be imprinted from a foresight or self-loading mech-
impact against the skin from the opening up of the plas- anism. There may be slight escape of smoke, with some
tic wadding. Note the scalloping of the wound edges. local burning of skin and hair, if the gun is not pressed
138 Ballistic injuries

(a)

Figure 9.12 Suicidal twelve-bore shotgun entrance


(b) wound in a ‘site of election’ under the chin. The cir-
cular soot discoloration on the skin surface indicates
a very close (or even ‘loose’ contact) discharge. Note
the extensive destruction reflecting the explosive
effect of shotgun discharges to the head. (Reproduced
­ ermission from Saukko P and Knight B. Knight’s
with p
Pathology 4E, London, CRC Press, 2016.)

tightly. Bruising around the entry wound is not uncom-


mon (Figures 9.14 and 9.15).
At close range (up to about 20 cm), there will be some
smoke soiling and powder burns, and skin and hair may
(c) be burnt, although this is variable and depends upon
both the gun and the ammunition used. The shape of
the entry wound gives a guide to the angle that the gun
made with that area of skin: a circular hole indicates that
the discharge was at a right angle to the skin, whereas an

Bone

Figure 9.11 (a) Distant-range shotgun entrance wound,


with a central hole surrounded by peripheral satellite
pellet holes. This wound was caused by discharge from
Cratered on
approximately 4 m; measurement of shot-spread can be inner surface
compared with that created from test-firing the suspect
weapon and ammunition to provide a more accurate
assessment of range of fire. (b) Pellet injuries from a
medium range twelve-bore shotgun discharge (approxi-
mately 7–9 m, excluding the possibility of a suicidal dis-
charge). (c) Shotgun pellet injury to skin from discharge Figure 9.13 A firm contact discharge of a fired weapon
about 12 m away. ([b] From Saukko P, Knight B. Knight’s against tissue overlying bone (e.g., the skull) causes
Forensic Pathology, 4th ed. Boca Raton: CRC Press; 2016, expanding hot gases to be forced backwards towards the
Figure 8.20 with permission.) barrel, raising a dome under the skin, causing it to split.
This can give rise to a ragged entrance wound. (From
Saukko P, Knight B. Knight’s Forensic Pathology, 4th ed.
Boca Raton: CRC Press; 2016 [Fig 8.38 page 256].)
Firearms injuries 139

Figure 9.16 Circular distant gunshot entrance wound


from a rifle bullet. There is no associated soot soiling
or burning of the wound edges, with only minimal
­marginal abrasion and bruising. (Reproduced with
Figure 9.14 Close-range gunshot entrance wound from
­permission from Saukko P and Knight B. Knight’s
a pistol, with powder tattooing on the adjacent skin.
Pathology 4E, London, CRC Press, 2016.)
The eye is blackened as a result of bleeding ‘tracking’
down from fracturing of the anterior cranial fossa in the
(Figure 9.17). No burning, smoke or powder soiling will
skull base. (Courtesy of Richard Jones.)
be evident. If the bullet has been distorted or fragmented,
or if it has fractured bone, the exit wound may be consid-
oval hole, perhaps with visible undercutting, indicates
erably larger and more irregular, and those fragments of
a more acute angle.
bullet or bone may cause multiple exit wounds, poten-
Examination of the entry wound will show that
tially leading to difficulties in interpretation.
the skin is inverted; the defect is commonly slightly
Where skin is firmly supported, as by a belt, tight
smaller than the diameter of the missile because of the
clothing or even a person leaning against a partition
elasticity of the skin. Very commonly, there is an ‘abra-
wall, the exit wound may be as small as the entrance and
sion collar’ or ‘abrasion rim’ around the hole, which is
may fail to show the typical eversion. To increase the
caused by the friction, heating and dirt effect of the mis-
confusion, it may also show a rim of abrasion, although
sile when it indents the skin during penetration. Bruising
this is commonly broader than that of an entry wound.
may or may not be associated with the wound.
The internal effects of bullets depend upon their
When the discharge was from >1 m or so, there may
kinetic energy. Low-velocity, low-energy missiles, such
be no smoke soiling, burning or powder tattooing. At
as shotgun pellets and some revolver bullets, cause
longer ranges (which may be up to several kilometres
simple mechanical disruption of the tissues in their
with a high-powered rifle), the entrance wound will
path. High-velocity bullets, however, cause far more
have the same features of a round or oval defect with an
damage to the tissues as they transfer large amounts of
abrasion collar (Figure 9.16). At extreme ranges, or fol-
energy, which results in the formation of a temporary
lowing a ricochet, the gyroscopic stability of the bullet
cavity in the tissues. This cavitation effect is especially
may be lost and the missile begins to wobble and even
pronounced in dense organs, such as liver and brain,
tumble, and this instability may well result in larger,
but occurs in all tissues if the energy transfer is large
more irregular wounds.
enough and can result in extensive tissue destruction
The exit wound of a bullet is usually everted with
split flaps, often resulting in a stellate appearance

Figure 9.17 Typical exit wound with everted, split edges,


Figure 9.15 Suicidal contact gunshot entrance wound with no soiling of the surrounding skin. (Reproduced
to the temple. The skin is burnt and split because from Saukko P, Knight B. Knight’s Forensic Pathology,
of the effects of the discharge products. 4th ed. Boca Raton: CRC Press; 2016, Figure 8.31,
(Courtesy of Richard Jones.) with p
­ ermission.)
140 Ballistic injuries

Box 9.2 The death of President J.F. Kennedy


At approximately 1230 hours on Friday, 22nd November Series); Dr. Peter Cummings, a Forensic Pathologist,
1963, the President of the United States of America, examined the original autopsy photographs and X-rays,
John F. Kennedy, was shot whilst travelling in an open- and clothing worn by JFK (the brain has not been found)
top car being driven through Dallas, Texas. He was and considered the skull f­racture pattern – linear frac-
taken to the nearby Parkland Hospital where he was tures radiating forwards and upwards from the back of
pronounced dead at 1300 hours. Medicolegal investi- the right side of the head, with perpendicular curved
gation into his death has been the subject of intense fractures connecting them – to ­represent the effects of
controversy ever since; his body was taken out of the a shot to the back of the right side of the head, and not
jurisdiction of Dr. Earl Rose, the Dallas County Medical from the front of the head as many commentators have
Examiner, without his agreement, and an autopsy was claimed. The ballistics examination of the rifle, and full
performed by two Navy Pathologists and one Forensic metal jacket ammunition used, showed convincingly
Pathologist with limited practical experience in a mili- that wounds to JFK and Governor John Connelly could
tary hospital in Bethesda, between 2000 and 2300 be explicable on the basis of two ­gunshots from the
hours on the same day of his death. Texas Book Depository.
The autopsy documentation has been heavily criti- The consequences of an inadequate foren-
cised – few photographs were taken, blood-stained sic autopsy in such a high-profile death have been
contemporaneous notes were destroyed, and there immense and, following the publication of the Warren
was confusion as to the interpretation of the wounds Commission Report in 1964, and that of the House
found. The main source of dispute is in relation to the Select Committee on assassinations in 1979, there is
number of gunshot wounds, their tracks within the continued speculation about the exact nature of events
head and neck, and whether they represent entrance leading to JFK’s death, which is likely to continue indefi-
or exit wounds. nitely due to the absence of key evidence and trusted
The absence of detailed dissection contributed to documentation. This is the case for many historically
the confusion regarding a set of wounds to the back and important but historically remote deaths, and provides
front of the neck (altered by emergency surgical inter- much opportunity for documentary makers, authors
vention to create a tracheostomy) and the p ­ recise loca- and amateur sleuths.
tion of an entrance wound at the back of the head. The
ballistic and forensic pathological evidence has been Source: Wilber CG. Medicolegal Investigation of the President
recently scrutinised on behalf of PBS America (the p
­ ublic John F. Kennedy Murder. Springfield: Charles C Thomas
broadcasting service, and broadcasted via the NOVA Publisher; 1978.

away from the wound track itself. The cavitation effect common ways in which the gas is compressed. The sim-
may be exacerbated by the radial stretching of tissues plest method employs the compression of a spring which,
creating a temporary wound cavity. when released, moves a piston along a cylinder; more
The importance of an adequate description of gun- powerful weapons use repeated movements of a lever
shot wounds at autopsy is illustrated very well by the to pressurise an internal cylinder. The third type has an
ongoing controversy surrounding the death of US internal cylinder which is ‘charged’ by connecting it to a
President John F Kennedy in 1963 (Box 9.2), and sub- pressurised external source. The barrel of an air weapon
stantial tissue damage and loss, and unknown other may or may not be rifled; the more powerful examples
factors (e.g., d
­ irection of wound track, distance from have similar rifling to ordinary handguns and rifles.
weapon) all impact on the extent to which reliability The energy of the projectile will depend mainly on
can be placed on the conclusions drawn. This, how- the way in which the gas is compressed: the simple
ever, does not appear to prevent people coming up with spring-driven weapon is low powered, while the more
their own theories, in which speculation and general complex systems can propel projectiles with the same
assumptions play a large part. energy, and hence at approximately the same speed, as
many ordinary handguns.
The injuries caused by the projectiles from air weap-
Air weapons, unusual ­projectiles ons will depend upon their design, but entry wounds
and other weapons from standard pellets are often indistinguishable from
those caused by standard bullets in that they have a
Air guns and rifles defect with an abrasion rim. The relatively low power of
Air weapons rely upon the force of compressed air to pro- these weapons means that the pellet will seldom exit,
pel the projectile, usually a lead or steel pellet although but if it does do so, a typical exit wound with everted
darts and other projectiles may be used. There are three margins will result.
Air weapons, unusual ­projectiles and other weapons 141

Miscellaneous firearms and weapons


A number of other implements may fulfil the criteria
for firearms while others may mimic their effects. It is
appropriate to have an understanding of the nature and
mechanics of such implements to take their possible
effects into consideration when determining injury cau-
sation. In public disorder situations, a variety of Kinetic
Energy Devices (KED) are available to law-enforcement
or security organisations. These ‘impact devices’ are
intended to deliver an impact of sufficient force to dis-
suade or prevent an acutely behaviourally disturbed
person from harming others (or themselves). A wide
range of KEDs are available around the world. They
are not intended to cause serious, life-changing or life-
threatening injury, although serious injury and fatalities
do occur. KEDs are known by a variety of names, includ-
ing plastic bullets, rubber bullets, baton rounds, impact
rounds and attenuating energy projectiles (AEP). The
Figure 9.18 Attenuated energy projectile (AEP).
names are not used consistently in the literature. Impact
rounds are made from materials of lower density than
standard bullets, are larger, and fired at lower velocities. diameter and when discharged has a muzzle velocity of
Impact rounds have a complex balance between effec- ~69 ms -1. Marks left on the skin surface by KEDs may
tiveness and unintended consequences. Many rounds be patterned and distinctive to that particular device.
may be safe and effective when they strike one part of The most vulnerable areas in terms of potential for seri-
the body, but may cause serious injury or even death if ous or life-threatening injury from KEDs are: the head,
they strike a vulnerable area of the body. facial skeleton, brain, eyes: the thorax, rib fractures,
Accuracy of targeting is thus a key attribute of these lung contusion/laceration, heart injury; the abdomen
types of round if unintended injuries are to be mini- and all intra-abdominal organs (solid and hollow) are
mised. The projectiles are often cylinders made of rub- vulnerable to some forms of non-penetrating impact.
ber, plastic, wood, or foam, and can be as large as the Injuries and deaths from stud guns (or power-acti-
full-bore diameter of the launcher. Another type of KED, vated or nail-guns) are well recorded. Stud guns are
is the ‘beanbag projectile’ which consists of a tough fab- devices used in the building industry to fire steel pins
ric bag filled with compliant material. The beanbag flat- into masonry or timber by means of a small explosive
tens on impact maximizing the area of surface contact. charge. They have been used for suicide and even homi-
Since 2005, the UK Home Office currently permits the cide, but accidental injuries are more common often to
police the use of a bespoke blunt impact round referred the eye and head. The skin wound often appears similar
to as the Attenuating Energy Projectile (AEP) as a less to many small-calibre entry wounds, although the find-
lethal support to firearms operations (see Figure 9.18). ing of a nail on exploration or from imaging techniques
The approved AEP (designated as L60A2) is fired from a will usually solve the diagnostic problem.
37 mm breech loaded weapon. The approved launcher Humane killers are devices used in abattoirs, and by
is the Heckler and Koch L104A2, equipped with an veterinary surgeons, to stun animals before slaughter.
approved L18A2 optical sight. The projectile has been They may fire either a small-calibre bullet or a ‘captive
designed with a nose cap that encloses a void. This bolt’, where a sliding steel pin is fired out for about 5 cm
design feature is intended to attenuate the delivery of the by an explosive charge. The skin injury will depend on
impact energy by extending the duration of the impact the type of weapon used. These weapons have been used
and minimising the peak forces. It thereby delivers a for both homicide and suicide, but accidental discharges
high amount of energy to maximise its effectiveness, are also recorded and may cause serious injury or death.
while reducing the potential for life-threatening inju- Bows and crossbows are used recreationally but
ries. Operational use of the AEP in the UK police service may also be used as weapons of assault and cause both
is limited to authorised officers who have been specifi- fatal and non-fatal injuries. These weapons fire arrows
cally trained in use of the system. They are rarely fired or bolts, which are shafts of wood or metal with a set of
in mainland UK; perhaps 10–20 occasions per annum flights at the rear to maintain the trajectory of the projec-
although the most recent (2018) date indicate they were tile. The tips of these projectiles may have many shapes
deployed on 530 occasions in the preceding year. These from the simple point to complex, often triangular,
data are published regularly by the UK government. A forms. The shape of the entrance wound depends on the
typical impact round is about 100 mm long, 35 mm in type of arrowhead: broadheads produced star-shaped
142 Ballistic injuries

Sight
(style varies)

Serving Latch
String Arrow retention
spring

Flight groove
Stock
Riser
Sight
bridge
Trigger

Foregrip

Cocking Barrel Limb


stirrup

Figure 9.19 A typical crossbow.

to triangular wounds, field-tips caused circular, oval or


slit-like injuries (Figure 9.19). Box 9.3 Human Rights law and a
The energy produced is extremely variable, depend- ­firearms-related death
ing on the construction of the weapon. The injuries
caused depend on the energy of the projectile as well Abdulmenaf Kaya was shot dead in 1993. His brother
as on its construction. However, if the projectile has a alleged that he was deliberately killed by security
simple pointed tip, and if it has been removed from the forces, but the government stated he had been
body, the entry wounds can appear very similar to those killed in a gun battle between security forces and a
caused by standard bullets, with a central defect and group of terrorists.
surrounding abrasion rim. A case was brought to the European Court of
Human Rights against the Turkish government
under Article 2 (‘Right to Life’) alleging unlawful kill-
Determination of accident, s­ uicide ing but the Court found no violation. The govern-
or murder ment did, however, fail to comply with an obligation
to make an effective investigation into the death, in
The determination of the circumstances in which an
violation of procedural obligations inherent in the
individual has died from a firearm injury is crucial.
article.
Where a firearms-related death occurs in circum-
Specific deficiencies in the medicolegal investiga-
stances in which the police or security service personnel
tion of this death were: performing a hasty autopsy
may be involved, an effective investigation by the State –
‘in the field’; failure to record the number of bullets
including an adequate autopsy – is a requirement under
striking the deceased, and a failure to determine
human rights law (Box 9.3).
range of fire; and failure to test for gunpowder traces
Those who investigate deaths and those who contrib-
on the deceased’s clothing or body; failure to con-
ute to the investigation, including forensic pathologists
sider any scenario other than ‘lawful killing’ by secu-
and forensic physicians, must always consider the possi-
rity forces, rather than an arbitrary killing by agents
bility of ‘staging’ of homicide in order to give the appear-
of the State.
ance of death having occurred as a result of accident or
suicide. For those who have killed themselves, it should
be expected that the wounds are both in an accessible Source: Kaya vs Turkey, 158/1996/777/978 Judgement of
site and range of the deceased’s arm, unless some other 19th February 1998.
device has been used to reach and depress the trigger. The
Evidence recovery 143

Box 9.4 Activity capability following gunshot wounds


Activity capability following a gunshot wound to the It had started to snow about an hour and a half before
head* the man returned to his accommodation, and footprints
An elderly man with financial and domestic difficulties, were present in snow, as well as blood spots around the
who erroneously thought he had cancer, left his private shelter and to the private hotel. Letters written by him
hotel, on a winter’s night, returning the next morning the day before indicated his intention to kill himself.
with blood on his face. He told the maid that he was
going upstairs to the bathroom, where he collapsed and Activity capability following a shotgun wound to the
lost consciousness. He died a few hours later, and was chest**
found to have a gunshot wound under his chin; powder Forensic pathologist DiMaio recounted a case involv-
was found in the wound (but not on the skin) and the ing substantial injury to the heart of a young man
wound track passed upwards through the mouth and shot in the chest with a 12-gauge shotgun, at a range
into the skull just behind the roof of the left orbit, where of 3–4 feet, which ‘literally shredded’ the heart; he
it continued through the left cerebral cortex to exit the was capable of running 65 feet (20 metres) before
skull through the left frontal bone, causing extensive lac- collapsing.
eration to his brain.
On retracing his steps, the man’s 45 Colt revolver was * Smith S. Voluntary acts after a gunshot wound of the brain.
Police J 1943;16:108–110.
found on a seat in a shelter in nearby gardens, at the site
** D iMaio VJM. Bloody bodies and bloody scenes. In: DiMaio
of a large pool of blood, and there was a bullet hole and VJM. Gunshot Wounds: Practical Aspects of Firearms, Ballistics
fragments of bone and brain on the roof of the shelter and Forensic Techniques, 2nd ed. Boca Raton: CRC Press; 1999,
above the seat. 254.

weapon must be present at the scene, although it may be fatal, as is demonstrated by the cases described in
at a distance from the body because it may have been cat- Box 9.4. It is most likely that severe damage to the brain,
apulted away from the body by the gun recoil, or by move- heart, aorta and any number of other vital internal
ment of the individual if death was not instantaneous. organs will lead to rapid collapse and death; however,
The deceased’s DNA or fingerprints should be present many forensic practitioners will have seen cases of sur-
on the weapon (unless gloves were worn). Suicidal gun- vival (sometimes long-term) following a contact dis-
shot i­ njuries are most commonly in the ‘sites of e­ lection’, charge of a firearm into the head.
which vary with the length of the weapon used.
Both long-barrelled and short-barrelled weapons
can be used in the mouth, below the chin, on the front Evidence recovery
of the neck, the centre of the forehead or, more rarely, In the living, all efforts must be directed to saving life but,
the front of the chest over the heart. Discharges into the if at all possible, the emergency medicine specialist, and
temples are almost unique to handguns and are usu- surgeon, should make good notes of the original appear-
ally on the side of the dominant hand, but this is not an ances of the injuries and preferably take good-quality
absolute rule. People rarely shoot themselves in the eye images of any entry or exit wounds before any surgical
or abdomen or in inaccessible sites such as the back. It cleaning or operative procedures are performed. Intra-
is unusual for females to commit suicide with guns and operatively it is useful to record the nature and direction
females are rarely involved in firearms accidents. of possible wound tracks, and their length. Any foreign
If suicide can be ruled out by the range of discharge, objects such as wads, bullets or shot, and any skin removed
by absence of a weapon or by other features of the injury from the margin of a firearm wound during treatment,
or the scene, a single gunshot injury could be either should be carefully preserved for the police. The presence
accident or homicide. Multiple firearm wounds strongly of a forensic physician at the time can be helpful in ensur-
suggest homicide. However, there have been a number ing that appropriate documentation is made, for presenta-
of published reports of suicidal individuals who have tion at a later stage in court. Ideally, the police should be
fired repeatedly into themselves even when each wound contacted (with the individual’s consent) should surgical
is potentially fatal. The distinction between homicide, intervention be required so that a ‘chain of custody’ for
suicide and accident can sometimes be extremely dif- evidence can be established.
ficult and a final conclusion can only be reached after a Those arrested for possible involvement in firearms
full medicolegal investigation. offences will need detailed examination and taking of
It is as unwise to state that a gunshot wound, as with samples, including skin and hand swabs, and nasal
any other sort of injury, must have been immediately samples, to identify any firearms residue. Standardised
144 Ballistic injuries

and approved processes should be applied to all these vicinity solely from the effects of the wave of high pres-
forms of trace evidence collection. sure and hot gases striking the body. A minimum pres-
The same general rules apply to the post mortem sure of about 700 kPa (100 lb/inch 2) is needed for tissue
recovery of exhibits. The skin around the wounds may damage in humans. There will also be pressure effects
be swabbed for powder residue if this is necessary, but upon the viscera and these effects are far more damag-
the retention of wounds themselves is no longer consid- ing where there is an air–fluid interface, such as in the air
ered to be essential. Swabs of the hands of the victim passages, the lungs and the gut. Rupture and haemor-
should be taken. The pathologist must ensure that accu- rhage of these areas represent the classical blast lesion.
rate drawings and measurements of the site, size and Blast injuries can be categorised as primary to qua-
appearance of the wound are obtained and that distant ternary injuries. Primary injuries result from the effect
and close-up photographs are taken of each injury with of transmitted blast waves on gas-containing structure
an appropriate scale in view. (e.g., thorax); secondary injuries result from the impact
In many countries, all firearm wounds, whether or of airborne debris; tertiary injury results from transpo-
not they are fatal, must be reported to the police, irre- sition of the entire body due to blast wind or structural
spective of the consent of the injured individual. The collapse, and quaternary injuries make up the remain-
UK General Medical Council advises, having reiterated der, including burns. Quinary blast injuries have also
the duty of confidentiality, ‘the police should usually be been proposed: the clinical consequences of post-deto-
informed whenever a person presents with a gunshot nation environmental contamination such as bacteria.
wound. Even accidental shootings involving lawfully Although the primary effect of blast is large, in
held guns raise serious issues for the police about, for most cases many more casualties, fatal and otherwise,
example, firearms licensing’. are caused by secondary and tertiary effects of explo-
sive devices, especially in the lower-powered terrorist
Blast injuries bombs. These effects include:
Armed conflict and terrorist activity lead to many deaths • Burns – directly from the near effects of the explo-
from explosive devices. Domestic and international sion and secondarily from fires started by the
terrorist activity is now present in many countries and bomb.
therefore there has been an increase in the experience • Missile injuries from parts of the bomb casing,
of medical personnel in the assessment and treatment of contents or shrapnel or from adjacent objects.
blast (explosive) injuries. They may derive from a number • Peppering by small fragments of debris and dust
of sources including improvised explosive devices (IEDs), propelled by the explosion (Figure 9.20).
car bombs and suicide bombers. The nature of the explo- • Various types of injury owing to collapse of struc-
sive device may alter the nature of injury, and the position tures as a result of the explosion.
or activity of the individual (e.g., in a vehicle, on foot) at • The body impacting against other structures or
the relevant time may also have substantial influence on objects.
injury and outcome. Experience with IEDs has resulted • Injuries and death from vehicular damage or
in substantial research and drivers for revised coding of destruction, such as decompression, intrusion
injury such as the Military Combat Injury Scale. of occupant space, fire and ground impact of
In military bomb, shell and missile explosions, the bombed aircraft and crash damage to cars, trucks,
release of energy may be so great that death and disrup- and buses.
tion from blast effects occur over a wide area. In con-
trast, terrorist devices, unless they contain very large
amounts of explosive, are generally of less power and
the pure blast effects are far more limited. However,
the locations in which such devices are often detonated
may be within relatively confined spaces (e.g., subways
and buses), influencing the subsequent pattern of injury
caused. The energy generated by an explosion decreases
rapidly as the distance from the epicentre increases.
When an explosion occurs, a chemical interaction
results in the generation of huge volumes of gas, which
are further expanded by the great heat that is also gener-
ated. This sudden generation of gas causes a compres-
sion wave to sweep outwards; at the origin, this is at
many times the speed of sound. Figure 9.20 Multiple abrasions and lacerations caused
The pure blast effects can cause either physical frag- by flying debris projected in a bomb blast. (Courtesy of
mentation or disruption of those within the immediate Professor T K Marshall, Queens University, Belfast.)
Mass disasters 145

Mass disasters
Most mass disasters are now either natural disasters
or terrorist and criminal events. For the non-specialist
doctor at the scene of a mass disaster of any kind, the
first consideration is the treatment of casualties, for
which the first, and often most testing, role is on triage.
Those faced with triaging patients in mass disasters are
faced with a number of practical and ethical decisions.
Box 9.5 illustrates the widely accepted colour-code sys-
tem used to categorise disaster victims in the field. The
Figure 9.21 Massive disruption of the body of an ‘expectant’ category can be the most challenging for
individual who had constructed an explosive device. caregivers from an ethical and emotional standpoint.
(Courtesy of Richard Jones.) In 2017, the World Medical Association (WMA) revised
its Statement on Medical Ethics in the Event of Disasters.
The investigation of the scene of an explosion is a The key points are summarised in Box 9.6.
huge and technically complex exercise with a number The International Committee of the Red Cross and
of factors to be considered, including triaging to pre- other bodies have provided advice on the appropriate
serve life and evacuating casualties, whilst concurrently and dignified management of the dead which is con-
attempting to establish and maintain a crime scene (or sidered to be one of the three key pillars of humani-
scenes) for the identification, sampling and preserva- tarian response to disaster. The investigation of the
tion of evidence. causes of death, the causes of the incident (such as a
Full assessment of both the living and the dead bomb), and the identification of the dead, are specialist
following an explosion is essential, with careful operations involving individuals from a wide variety of
documentation of the sites and sizes of all injuries. professional backgrounds, including those with exper-
Multiprofessional teams including forensic patholo- tise in the provision of emergency mortuary accom-
gists, forensic physicians, forensic scientists, forensic modation, pathologists, dentists, the police and the
anthropologists, forensic odontologists and crime usual state agencies responsible for sudden death; in
scene investigators are required to ensure the integ- England & Wales this is the Coroner. A team of patholo-
rity and proper interpretation of evidence. For the gists, assisted by police officers and mortuary staff, and
deceased, post mortem radiology is essential, in order backed up by dental and radiological facilities, inspects
to identify unexploded ordinance, and items com- each body and records all clothing, jewellery and per-
prising components of the explosive device, which sonal belongings still attached to the bodies. The body,
may assist in determining its source. Identification or body part, is then carefully examined for every aspect
of deceased individuals is important, not only from a of identity, including sex, race, height, age and personal
moral and ethical standpoint for families, but also to characteristics. All these details are recorded on stan-
enable the relevant medicolegal authority to discharge dard forms and charts and the information is sent back
their responsibilities. The identification of suicide to the identification teams, who can compare this post
bombers, whose bodies are frequently extensively dis- mortem information with ante mortem information
rupted following the explosion, can be extremely chal- obtained from others including relatives, friends and
lenging, particularly if previously unknown to security work colleagues. A post mortem examination is usually
services (Figure 9.21). performed to determine the cause of death, retrieve any

Box 9.5 Triage Levels and Colour Coding to categorise disaster victims in the field
• Red Triage Tag (‘Immediate’ or T1 or Priority 1): • Black Triage Tag (‘Expectant’ or No Priority):
Patients whose lives are in immediate danger and Patients who are either dead or who have such
who require immediate treatment. extensive injuries that they cannot be saved with
• Yellow Triage Tag (‘Delayed’ or T2 or Priority 2): the limited resources available.
Patients whose lives are not in immediate danger
and who will require urgent, not immediate, medi-
cal care. Adapted from Kennedy K, Aghababian RV, Gans
Source: 
• Green Triage Tag (‘Minimal’ or T3 or Priority 3): L, Lewis CP. Triage: techniques and applications in
Patients with minor injuries who will eventually decision making. Ann Emerg Med 1996;28(2):136–144.
require treatment.
146 Ballistic injuries

Box 9.6 Recommendations from the WMA Statement on Medical Ethics


in the Event of Disasters (2017)
The medical profession is at the service of the patients patients compassion and respect for their dignity,
and society at all times and in all circumstances. for example, by separating them from others and
Therefore, the physicians should be firmly committed administering appropriate pain relief and seda-
to addressing the health consequences of disasters, tives, and if possible, ask somebody to stay with
without excuse or delay. the patient and not to leave him/her alone.
• The physician must act according to the needs
• The WMA reaffirms its Declaration of Montevideo of patients and the resources available. He/she
on Disaster Preparedness and Medical Response should attempt to set an order of priorities for
(2011) recommending the development of ade- treatment that will save the greatest number of
quate training of physicians, accurate mapping of lives and restrict morbidity to a minimum.
information on health system assets and advocacy
towards governments to ensure planning for clini- Relation with the patients
cal care.
• In selecting the patients who may be saved, the
• The WMA recalls the primary necessity to
physician should consider only their medical sta-
ensure the personal safety of physicians and
tus and predicted response to the treatment, and
other responders during the event of disasters
should exclude any other consideration based on
(Declaration on the Protection of Health Care
non-medical criteria.
Workers in situation of Violence, 2014). Physicians
• Survivors of a disaster are entitled to the same
and other responders must have access to appro-
respect as other patients, and the most appropri-
priate and functional equipment, both medical
ate treatment available should be administered
and protective.
with the patient’s consent.
• Furthermore, the WMA recommends the following
ethical principles and procedures with regard to the Aftermath of disaster
physician’s role in disaster situations:
• A system of triage may be necessary to deter- • In the post-disaster period, the needs of survivors
mine treatment priorities. Despite triage often must be considered. Many may have lost fam-
leading to some of the most seriously injured ily members and may be suffering psychological
receiving only symptom control such as anal- distress. The dignity of survivors and their families
gesia, such systems are ethical provided they must be respected.
adhere to normative standards. Demonstrating • The physician must make every effort to respect
care and compassion despite the need to allo- the customs, rites and religions of the patients and
cate limited resources is an essential aspect of act in impartiality.
triage. Ideally, triage should be entrusted to • As far as possible, detailed records should be kept,
authorised, experienced physicians or to physi- including details of any difficulties encountered.
cian teams, assisted by a competent staff. Since Identification of patients, including the deceased,
cases may evolve and thus change category, it should be recorded.
is essential that the official in charge of the tri-
age regularly assesses the situation. Media and other third parties
• Physicians should take into consideration that
The following statements apply to treatment beyond
in any disaster media is present. The work of
emergency care:
the media should be respected and facilitated
• It is ethical for a physician not to persist, at all as appropriate in the circumstances. If needed,
costs, in treating individuals ‘beyond emergency physicians should be empowered to restrict the
care’, thereby wasting scarce resources needed entrance of reporters and other media represen-
elsewhere. The decision not to treat an injured tatives to the medical premises. Appropriately
person on account of priorities dictated by the trained personnel should handle media relations.
disaster situation cannot be considered an ethi- • The physician has a duty to each patient to exer-
cal or medical failure to come to the assistance of cise discretion and to seek to ensure confidential-
a person in mortal danger. It is justified when it is ity when dealing with third parties. The physician
intended to save the maximum number of indi- must also exercise caution and objectivity and
viduals. However, the physician must show such (Continued)
Bibliography and information sources 147

Box 9.6 (Continued) Recommendations from the WMA Statement on Medical Ethics


in the Event of Disasters (2017)
respect the often emotional and politicised atmo- personal damages to which physicians might be
sphere surrounding disaster situations. Any and all subject when working in disaster or emergency
media, especially filming, must only occur with the situations. This should also include life and disabil-
explicit consent of each patient who is filmed. With ity coverage for physicians who die or are harmed in
regard to social media use, p
­ hysicians must adhere the line of duty.
to these same standards of discretion and respect
The WMA requests that governments
for patient privacy.
• Ensure the preparedness of healthcare system to
Duties of paramedical personnel
serve in disaster settings.
• The ethical principles that apply to physicians • Share all information related to public health
in disaster situations should also apply to other timely and accurately.
healthcare workers. • Accept the participation of demonstrably quali-
fied foreign physicians, where needed, without
Training discrimination on the basis of factors such as
• The WMA recommends that disaster medicine affiliation (e.g., Red Cross, Red Crescent, ICRC, and
training be included in the curricula of university other qualified organizations), race, or religion.
and post-graduate courses in medicine. • Give priority to the rendering of medical services
over anything else that might delay necessary
Responsibility treatment of patients.
• The WMA calls upon governments and insurance
companies to cover both civil liability and any

foreign objects that, for example, may be related to an Haag LC. Base deformation of full metal-jacketed rifle bullets as
explosive device, and to seek any further identifying fea- a measure of impact velocity and range of fire. Am J Forensic
tures, such as operation scars and prostheses. Med Pathol 2015;36(1):16–22.
Karger B, Billeb E, Koops E, Brinkmann B. Autopsy features rel-
evant for discrimination between suicidal and homicidal
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Karger B, Bratzke H, Grass H, et al. Crossbow homicides. Int J Legal
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Bilukha OO, Leidman EZ, Sultan AS, Jaffar Hussain S. Deaths due to Knudsen PJT. Ballistic trauma: overview and statistics. In: Payne-
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Breitenecker R. Shotgun wound patterns. Am J Clin Pathol open-globe injuries: a 10-year retrospective review. Retina
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A, Smock W (eds). Forensic Medicine: Clinical and Pathological injuries. Am J Forensic Med Pathol 2006;27(3):​274–276.
Aspects. London: Greenwich Medical Media; 2003, 149–168. Lawnick MM, Champion HR, Gennarelli T, et al. Combat injury cod-
DiMaio VJM. Bloody bodies and bloody scenes. In: DiMaio VJM. ing: a review and reconfiguration. J Trauma Acute Care Surg
Gunshot Wounds: Practical Aspects of Firearms, Ballistics and 2013;75(4):573–581.
Forensic Techniques, 2nd ed. Boca Raton: CRC Press; 1999, 254. Ling SN, Ong NC, North JB. Eighty-seven cases of a nail gun
Fackler ML. Wound ballistics: a review of common misconcep- injury to the extremity. Emerg Med Australas 2013;25(6):
tions. J Am Med Assoc 1988;259:2730–2736. 603–607.
Fowler KA, Dahlberg LL, Haileyesus T, Annest JL. Firearm injuries Loder RT, Farren N. Injuries from firearms in hunting activities.
in the United States. Prev Med 2015;79:5–14. Injury 2014;45(8):1207–1214.
General Medical Council 2017. Confidentiality: reporting Maiden N. Ballistics reviews: mechanisms of bullet wound
gunshot and knife wounds, https://www.gmc-uk.org/ trauma. Forensic Sci Med Pathol 2009;5(3):204–209.
ethical-guidance/ethical-guidance-for-doctors/confidenti- Marri MZ, Bashir MZ. An epidemiology of homicidal deaths due
ality---reporting-gunshot-and-knife-wounds/reporting-gun- to rifled firearms in Peshawar Pakistan. J Coll Physicians Surg
shot-and-knife-wounds#paragraph-4 (Accessed 8 April 2019). Pak 2010;20(2):87–89.
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Marshall TK. Deaths from explosive devices. Med Sci Law Thali MJ, Kneubuehl BP, Dirnhofer R, Zollinger U. The dynamic
1976;16:235–239. development of the muzzle imprint by contact shot: high-
Mathews ZR, Koyfman A. Blast Injuries. J Emerg Med speed documentation utilizing the ‘skin–skull–brain model’.
2015;49(4):573–587. Forensic Sci Int 2002;127:168–173.
Mehta A, Khosa F. Firearms, bullets, and wound ballistics: an Volgas DA, Stannard JP, Alonso JE. Ballistics: a primer for the sur-
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Milroy CM, Clark JC, Carter N, et al. Air weapon fatalities. J Clin Weinberger SE, Hoyt DB, Lawrence HC, et al. Firearm-related injury
Pathol 1998;51:525–529. and death in the United States: a call to action from 8 health
National Archives. President John F Kennedy assassination records professional organizations and the American Bar Association.
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Payne-James JJ. Restraint techniques, injuries, and death: impact Kennedy Murder. Springfield: Charles C Thomas Publisher;
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Forensic and Legal Medicine, 2nd ed. Vol. 4. Oxford: Elsevier; Yeh DD, Schecter WP. Primary blast injuries: an updated concise
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PBS. Cold Case JFK. NOVA (aired 13/11/2013). https://www.www.
pbs.org/wgbh/nova/video/cold-case-jfk (Accessed 3 June
2019).
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Rosenfeld JV, Bell RS, Armonda R. Current concepts in penetrat- CPS. Guidance on Firearms. https://www.cps.gov.uk/legal-guid-
ing and blast injury to the central nervous system. World J ance/firearms (Accessed 8 April 2019).
Surg 2015;39(6):1352–1362. Firearms Act 1968. http://www.legislation.gov.uk /
Santucci RA, Chang YJ. Ballistics for physicians: myths about ukpga/1968/27/contents (Accessed 8 April 2019).
wound ballistics and gunshot wounds. J Urol 2004;171:1408– Police & Crime Act 2017 http://www.legislation.gov.uk/
1414. ukpga/2017/3/part/6/crossheading/firearms/enacted
Saukko P, Knight B. Gunshot and explosion deaths. In: Saukko P, (Accessed 8 April 2019).
Knight B (eds). Knight’s Forensic Pathology, 4th ed. Boca Raton: International Committee of the Red Cross. Management of dead
CRC Press; 2016, 241–275. bodies after disasters: a field manual for first responders.
Singleton JA, Gibb IE, Bull AM, et al. Primary blast lung injury prev- https://www.icrc.org/en/publication/0880-management-
alence and fatal injuries from explosions: insights from post- dead-bodies-after-disasters-field-manual-first-responders
mortem computed tomographic analysis of 121 improvised (Accessed 8 April 2019).
explosive device fatalities. J Trauma Acute Care Surg 2013;75(2 World Medical Association. WMA statement on medical ethics in
Suppl 2):S269–S274. the event of disasters. https://www.wma.net/policies-post/
Smith S. Voluntary acts after a gunshot wound of the brain. Police wma-statement-on-medical-ethics-in-the-event-of-disas-
J 1943;16:108–110. ters/ (Accessed 8 April 2019).
Thali MJ, Kneubuehl BP, Zollinger U, Dirnhofer R. A study of the
morphology of gunshot entrance wounds, in connection
with their dynamic creation, utilising the ‘skin–skull–brain’
model. Forensic Sci Int 2002;125:190–194.
10 Regional injuries and
­patterns of injury
▪▪ Introduction ▪▪ Chest injuries
▪▪ Head injuries ▪▪ Abdomen
▪▪ Neck injuries ▪▪ Bibliography and information sources
▪▪ Spinal injuries ▪▪ Further general resources

Introduction prominent oedema because this normal tissue response


cannot spread and dissipate as easily as in other areas
Specific regions of the body may be particularly suscep- of the body. The easiest way to detect scalp injuries is
tible to types of trauma that may not cause serious or by finger palpation, but shaving is often required for
fatal injury elsewhere. One example of this is the single optimal visual assessment, documentation and pho-
stab wound. If this penetrates the limbs then a serious tography of injury in the deceased, and sometimes in
or fatal outcome is very unlikely, unless a large artery is the living. In the living, a good history from the consent-
penetrated. If a single stab wound penetrates the heart or ing, cooperative individual, examined in good lighting,
the abdominal aorta a fatal outcome is much more likely. can normally localise any injury. It is surprisingly dif-
Consideration of patterns of injuries according to the body ficult to identify the site of profuse bleeding from the
region, and the potential complications of those injuries, scalp in an individual with abundant head hair. In the
is therefore a relevant component in both the clinical and living, if there is evidence of stamping or assault by an
pathological evaluation of trauma. implement it may also be necessary to shave the hair so
that potential ‘patterned injury’ can be identified and
Head injuries recorded for overlay comparison.
Lacerations of the scalp can usually be distinguished
Any trauma to the head or face that has the potential
from incised wounds; careful examination often reveals
for damaging the brain can have devastating conse-
crushed, abraded or macerated wound edges and tissue
quences. Normally the brain is protected within the
bridging in the wound depths (Figure 10.1).
bony skull, but it is not well restrained within this
Occasionally such a distinction is more difficult, and
compartment and injuries to the brain result from dif-
it may be that the nature and properties of the scalp, its
ferences between the motion of the solid skull and the
relative ‘thinness’ and tethering to the skull, contributes
relatively ‘fluid’ brain. There are three main compo-
to the appearance of an incised wound following blunt
nents of the head: the scalp, the skull and the brain.
impact.
Tangential forces or glancing blows, either from an
Scalp implement or from a rotating tyre (e.g., in a road traf-
The scalp is vascular, hair-bearing skin; at its base is a fic incident), may tear large flaps of tissue, exposing the
thick fibrous membrane – the galea aponeurotica. Lying underlying skull. If hair becomes entangled in rotating
between the galea and the skull is a very thin sheet of machinery, portions of the scalp may be avulsed. These
connective tissue penetrated by blood vessels (emissary are referred to as ‘scalping’ injuries.
veins) emerging through the skull. Beneath this con-
nective tissue is the periosteum of the outer table of the Skull fractures
skull. Injury to the vascular scalp can lead to seemingly The skeleton of the human head is divided into three main
dramatic haemorrhage which can usually be stopped by parts: the mandible, the facial skeleton and the closed
local application of pressure but, in some circumstances container that contains the brain – the calvarium. The cal-
(e.g., acute alcohol or drug intoxication), can lead to varium is made up of eight plates of bone, each of varying
physiological shock and death. Bleeding scalp injuries thickness, with buttresses passing through and across the
can continue to ooze after death, particularly when the bony margins. The skull is designed in part to protect the
head is in a dependent position. brain and in part to provide a mobile but secure platform
The scalp is easily injured by blunt trauma as it can be for the receptor organs of the special senses.
crushed between the weapon or object and the under- The complexity of the skull structure means that
lying skull. Bruises of the scalp are associated with mechanisms of skull fracture can be extremely complex
150 Regional injuries and p
­ atterns of injury

(a)

(b)

Figure 10.1 Scalp laceration caused by a heavy torch.


Following shaving of hair from around the injury, the
crushed and abraded wound edges can clearly be (c)
seen. (Reproduced with permission from Saukko P and
Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.)

as a result of both direct force (e.g., direct impact to the


parietal bone causing a linear fracture) and indirect
force (e.g., an orbital blowout fracture caused by impact
to the eyeball). These mechanisms have been studied (d)
extensively and much is known about the way the skull Secondary fracture
behaves when forces are applied to the head. The skull, in anterior fossa floor
although rigid, is capable of some distortion and if the
forces applied exceed the ability of the skull to distort, Transverse
‘hinge’ fracture
fractures will occur. The site of fracture therefore rep-
resents that point at which the delivered energy has Ring fracture
around foramen
exceeded the capability of the skull to distort, which magnum
may not necessarily be at the site of impact, unless that
applied force has resulted in a localised depressed frac-
ture. The skull’s capability to distort before fracturing
varies with age, and an infant skull may permit signifi- Figure 10.2 Types of skull fracture. (a) Linear fracture; (b)
cant distortion following impact without fracturing. ‘spiders web’ fracture; (c) depressed fracture; and (d) base
Apart from depressed fractures underlying major, fractures.
localised areas of trauma, skull fractures alone are not
necessarily life threatening. The presence of a skull frac-
ture indicates the application of blunt force to the head, identification of the point of contact/impact. Bruises,
and it is the transmission of such force to the intracranial however, may develop and move across tissues planes,
contents – i­ ncluding the brain – that has the potential and may not precisely represent the site of contact/
to cause life-threatening injury. Fatal brain injury can impact by the time the scalp is examined. Abrasions do
occur in the absence of externally visible scalp injury, identify sites of impact. A direct blow to the nose can
or skull fracture and, conversely, scalp injury overly- cause blunt force injuries to the nose itself, but may also
ing skull fracture may be associated with minimal (or cause bilateral periorbital bruising, as may impacts
no recognisable) brain injury or neurological deficit. In to the central forehead, even though no impact was
clinical practice, however, intracranial injury should applied to the eyes or orbital region.
always be suspected in the presence of skull fracture. There are a variety of fracture types to the skull, often
A pathologist can only make broad comments about dependent on the nature of the impacting force (Figure
the possible effect upon an individual of a blow to the 10.2). Blows to the top of the head commonly result in long,
head. As with all injuries, a wide spectrum of effects is to linear fractures that pass down the parietal bones and may,
be expected in a population sustaining the same injury if the force was severe enough, pass inwards across the
in exactly the same way. floor of the skull, usually just anterior to the petrous tem-
Scalp abrasions, bruises or lacerations represent poral bone in the middle cranial fossa. If the vault fractures
contact injuries, and their presence may assist in the extend through the skull base from both sides, they may
Head injuries 151

meet in the midline, at the pituitary fossa, and produce


a complete fracture across the skull base, referred to as a
hinge fracture (Figure 10.3). This type of fracture indicates
the application of very severe force and may be seen, for
example, in traffic accidents or falls from high buildings.
Falls from a height onto the top of the skull or onto
the feet, where the force is transmitted to the base of the
skull through the spine, may result in ring fracture of the
base of the skull around the foramen magnum, whereas
significant ‘broad surface’ blows to the skull vault, par-
ticularly the parietal bones, may result in a ‘spider’s web’
type of fracture composed of radiating lines transected
by concentric circles.
Depressed fractures result in fragments of skull
being forced inwards and, because of the bilayer con-
struction of the skull, the degree of inner table fragmen-
tation may be much greater than that of the outer table
and fragments of bone can be driven into the underlying
meninges, blood vessels and brain tissue. Blows to the
head by implements such as round-headed hammers Figure 10.3 A ‘hinge fracture’ of the skull base caused
may cause depressed vault fractures that have a curved by impact to the left side of the head after the v­ ictim
outline with dimensions and a profile similar to that of was thrown to the ground, having been hit by a car.
the impacting surface of the implement (Figure 10.4). (Reproduced with permission from Saukko P and
The orbital plates, the upper surfaces of the orbits Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.)
within the skull, are composed of extremely thin sheets
of bone which are easily fractured, and these ‘blow-out’ The anatomy of the blood vessels within the skull
fractures may be the only indication of the application has a major influence on the type of bleeding that will
of significant force to the skull. They may be seen as a occur following trauma (Figure 10.5). The meningeal
consequence of a fall onto the back of the head. arteries run in grooves in the inner table of the skull and
Skull fractures in children and infants have great lie outside the dura. They are generally protected from
significance in the forensic setting and their interpre- the shearing effect of sudden movement but are dam-
tation can be extremely difficult. It is self-evident that aged by fracture lines that cross their path. The venous
skull fractures may be the result of either deliberate or sinuses lie within the dura and the connecting veins
accidental acts and differentiation will depend on the pass between the sinuses and the cortical veins; these
consideration of as much relevant information as possi- vessels are at particular risk of ‘shearing’ injury when
ble. The assessment of such injury is now seen as essen- there is differential movement between the brain and
tially multiprofessional and may require the expertise the skull. The effective blood supply to the brain (the
of others such as radiologists, paediatricians and endo- cerebral arteries and veins), lies beneath the arachnoid
crinologists. membrane and is generally protected from all but pen-
etrating injuries.

Intracranial haemorrhage
The clinical significance of any space-occupying lesion
within the cranial cavity is the effect that the resultant
raised intracranial pressure has on brain structure and
function.
Intracranial bleeding, which in effect creates a
space-occupying lesion, is the cause of many deaths
and disability following head injury, often as a result of
delayed or missed diagnosis. Bleeding can compress the
brain and, if it ­continues for sufficient time, and in suffi-
cient quantity, can raise the pressure within the cranial
cavity. As the intracranial pressure increases, blood flow Figure 10.4 Depressed skull fracture, with rounded
to the brain decreases and, if the intracranial pressure contours in the centre of the image, closely replicating
reaches a point where it equals or exceeds arterial blood the dimensions of a round-headed hammer. Additional
pressure, the blood flow to the brain will cease. fracture lines also seen. (Courtesy of Richard Jones.)
152 Regional injuries and p
­ atterns of injury

Periosteum
Scalp
Thicker
outer table
Emissary vein
Diploe
Dura
Thinner inner
Cortical vein table

Meningeal
Cerebral artery
artery
Venous sinus

Arachnoid Pia mater


granulation
Arachnoid
mater
Subarachnoid
space Brain

Falx

Figure 10.5 Anatomy of the blood vessels and structures related to cranial bones in diagrammatic form.

Two main types of haemorrhage within the skull but begin to turn brown after several days; microscopi-
cavity, each resulting in haemorrhage in different tis- cally, haemosiderin can be identified with Perls’ stain
sue planes, are extradural and subdural haemorrhage. (Figure 10.8). Older subdural collections (chronic sub-
Extradural haemorrhage is associated with damage to dural haematoma) may be enclosed in gelatinous ‘mem-
the meningeal artery, particularly the middle menin- branes’, which can harden into a firm rubbery capsule
geal artery, in its course in the temporal bone (Figure in extreme cases. Such old collections of subdural blood
10.6a and b). Damage to this vessel leads to arterial are most commonly seen in the elderly, whose cerebral
bleeding into the extradural space. As the blood atrophy allows space for the formation of the haematoma
accumulates, it separates the dura from the overlying without apparent significant clinical effect. Chronic
skull and forms a haematoma (a collection of blood). subdural haematomas are also seen in those prone to
Arterial bleeding is generally rapid, and the develop- frequent falls, such as those with alcohol dependencies.
ment of the haematoma will result in a rapid displace- Occasionally, subdural haemorrhages may be present for
ment of the brain and the rapid onset of symptoms. many months or even years before diagnosis, which can
Extradural haemorrhages may present in the clinical be difficult because of the often non-specific neurologi-
setting with head trauma followed by a ‘lucid period’ cal changes. Spontaneous subdural haemorrhages can
of half an hour or more, before sudden, rapid dete- occur without trauma (although there may be underly-
rioration occurs. Rarely, extradural haemorrhage can ing pathology such as sepsis, bleeding diathesis or vas-
develop as a result of venous bleeding from damaged cular malformation).
perforating veins or dural sinuses, in which case the The effects of both extradural and subdural haem-
development of symptoms will be slower. orrhages are essentially the same: they can act as
The second most important cause of traumatic intra- space-occupying lesions compressing the brain and,
cranial haemorrhage is damage to the communicating as discussed below, and at their most severe, can cause
veins as they cross the (potential) ‘subdural space’, caus- internal herniation (e.g., through the tentorium cer-
ing subdural haemorrhage (Figure 10.7). This venous ebelli, or the foramen magnum – ‘coning’). There may
damage is not necessarily associated with fractures of also be resultant traumatic brain contusion and swell-
the skull. In many instances, particularly in the very ing, which compounds the clinical deterioration and
young and the very old, there may be no apparent pre- can hasten a fatal outcome in the absence of medical
vious history or evidence of any trauma to the head. and neurosurgical intervention.
These venous injuries are associated with rotational or
shearing forces that cause the brain to move relative to Traumatic subarachnoid haemorrhage
the inner surface of the skull; this motion is thought to Small areas of subarachnoid haemorrhage are common
stretch the thin-walled veins, causing them to rupture. where there has been direct trauma to the brain, either
The venous bleeding lies in the subdural space. Recent from an intrusive injury, such as a depressed skull frac-
subdural haemorrhages are dark red in colour and shiny, ture, or from movement of the brain against the inner
Head injuries 153

(a) (a)
Fracture line Skull
Skull Dura
Dura Arachnoid
Pia and brain
Meningeal artery surface
Dura sinus
Haematoma Ruptured bridging vein

Haematoma

(b) (b)

Figure 10.7 Subdural haemorrhage. Schematic repre-


sentation of the formation of a subdural haematoma (a)
and autopsy appearance of an acute right-sided subdural
haemorrhage (b). (Courtesy of Richard Jones.)

Figure 10.6 Extradural haemorrhage. Schematic repre- Most basal subarachnoid haemorrhages are non-
sentation (a) of the formation of an extradural haemor- traumatic in origin and arise from the spontaneous
rhage and autopsy appearance (b) of a large right-sided, rupture of a berry aneurysm of one of the arteries in the
temporoparietal, extradural haemorrhage associated circle of Willis. In the deceased, particular care must be
with deep scalp bruising at the site of impact. There taken to exclude this natural cause, and special autopsy
was a linear skull fracture on the right passing through dissection techniques are required to evaluate the
the middle meningeal artery. (Reproduced with permis- integrity of the vertebral arteries.
sion from Saukko P and Knight B. Knight’s Pathology 4E,
London, CRC Press, 2016.)

surface of the skull as a result of acceleration or decel-


eration injuries. These small injuries are usually asso-
ciated with areas of underlying cortical contusion and
sometimes laceration.
Large basal subarachnoid haemorrhages can be
of traumatic origin and follow direct blows or kicks to
the neck, particularly to the upper neck adjacent to the
ear. However, any blow, or even movement to avoid an
impact which results in rapid rotation and flexion of the
head on the neck can cause such damage. The vertebral
arteries are confined within foraminae in the lateral
margins of the upper six cervical vertebrae and are sus-
ceptible to trauma either with or without fracture of the
foramina. It is considered that arterial injury leading Figure 10.8 Microscopy of a ‘healing’ acute subdural
to basal subarachnoid haemorrhage most likely occurs haemorrhage, of approximately 4 days’ duration, with
in the intracranial portions of the vertebral arteries iron-pigment-laden macrophages demonstrated by
(Figure 10.9a and b). Perls’ staining. (Courtesy of Richard Jones.)
154 Regional injuries and p
­ atterns of injury

(a) Traumatic brain injury


Injuries that have resulted in skull fractures or intra-
cranial haemorrhage are clear macroscopic markers of
significant force having been applied to the head and
therefore to the brain. Sometimes, however, these mark-
ers are absent but, as a result of acceleration or decelera-
tion forces, the brain has been significantly traumatised.
Whatever the precise cause of the trauma, the effects on
the brain of traumatic brain injury (TBI) are the same
and, as a consequence of the body’s response to primary
TBI, cerebral oedema develops the effects of which give
rise to secondary brain injury. The mechanism of cere-
(b)
bral oedema is complex, but is in part caused by transu-
dation of fluid into the extracellular space.
As oedema develops, the brain swells and, because it
cannot expand beyond the confines of the cranial cavity
to compensate for this swelling, the intracranial pres-
sure rises and the brain is ‘squeezed’ around meningeal
folds (under the tentorium cerebelli, causing injury to
the temporal lobe unci and exerting pressure on the
brain-stem, for example), and downwards through the
foramen magnum. This type of internal herniation is
known as coning and exerts pressure on the brain-stem
(Figure 10.10).
The oedema increases the brain weight and the sur-
Figure 10.9 Traumatic basal subarachnoid haemorrhage. face of the brain becomes markedly flattened, often with
(a) Autopsy appearance of basal subarachnoid haemor- haemorrhage and necrosis of the unci and the cerebellar
rhage, covering the brain-stem, visualized following tonsils; sectioning reveals compression of the ventricles,
removal of the cerebral hemispheres and tentorium cer- sometimes into thin slits.
ebelli. The basilar artery has been ligated. (b) The source Direct injuries to the brain from depressed or com-
of the bleeding is a tear in a vertebral artery, confirmed minuted skull fractures can result in areas of bruising
following visualisation of fluid leakage from the cannu- and laceration of the cortex, often associated with larger
lated injured vessel. (Courtesy of Richard Jones.) sites of haemorrhage. These injuries can occur at any

(a) Normal Oedematous (b)


Normal weight
(<1500 g) Increased weight
(>1500 g)
Palpable sulci
Flattened gyri
Filled sulci
Rounded gyri

Normal hippocampal Grooved uncus,


gyrus and uncus swollen hipocampal
gyrus

Normal cerebellar Herniated cerebellar


tonsil tonsil

Midliner shift if
oedema is unilateral

Figure 10.10 (a) Schematic representation of the effects of brain swelling and ‘internal herniation’ caused by raised
intracranial pressure. (b) Transtentorial herniation in brain trauma. Compression of the medial temporal lobes against
the tentorium edges has caused bilateral haemorrhagic necrosis (arrows). Haemorrhagic infarcts in the left temporal
lobe (asterix) followed compression of the left posterior cerebral artery, and there is slight midline shift to the right (of
the vertical white line).
Head injuries 155

site, above or below the tentorium. Penetrating injuries


from gunshots or from stab wounds can cause injuries
deep within the white matter, and the tissue adjacent to
the wound tracks will often be contused and lacerated.

Axonal injury
The terminology of axonal injury is in flux. However, dif-
fuse axonal injury (DAI) is one of the most common and
important pathological features of TBI. Neuronal axons Figure 10.11 Microscopy of axonal injury. The immunohis-
in the white matter of the brain appear to be particu- tochemical staining of β-amyloid precursor protein (β-APP)
larly vulnerable to injury due to mechanical loading of demonstrates axonal injury in white matter (corpus cal-
the brain during, for example, blunt impact head injury. losum). Discrete axonal swellings and ‘axonal retraction
Traumatic DAI has been found in all severities of TBI bulbs’ can be visualised following traumatic brain injury if
and is even thought to underlie concussion associated the injured person survived for some hours after sustain-
with mild head injury. The transmission of mechani- ing their head injury. (Courtesy of Richard Jones.)
cal energy following blunt impact head injury, which
may be accompanied by rotational head movement phenomena including hypoxia-ischaemia (Figure 10.11).
and acceleration/deceleration forces, damages axonal Progressive axonal injury, resulting in the formation of
processes. Traumatic DAI encompasses mechanical axonal retraction ‘bulbs’, can easily be recognised by
disruption of axonal cytoskeletal components as well silver staining techniques after some 12 hours following
as subsequent physiological abnormalities that follow axonal injury, and subsequently on routine haematoxylin
disturbances of function. The clinical manifestation of and eosin (H&E) staining.
DAI ranges from confusion and concussion to cognitive It has been recognised for many decades that some
dysfunction and persistent coma. Recent research has boxers developed the disabling progressive neurode-
highlighted links between TBI and the development of generative ‘punch drunk syndrome’ (called dementia
neurodegenerative disorders – such as Alzheimer’s dis- pugilistica). Repetitive mild TBI led to the abnormal
ease – later in life. accumulation of another protein in the brain – tau – and
When the brain is subjected to the forces described recent research has identified neurofibrillary tangles
above, traumatic injury to axons within the brain sub- and neuropil threads containing this protein in distri-
stance can occur as a consequence of ‘shearing’ effects butions different to those seen in other neurodegen-
because of the differential movement of the various com- erative diseases, prompting the description of a new
ponents of the brain which move in different ways, or at entity – Chronic Traumatic Encephalopathy (CTE). CTE
different speeds, relative to each other. This shearing can has been described in the brains of American Football
cause contusions and lacerations deep within the sub- players, military personnel exposed to explosive blasts
stance of the brain, and differential movement of com- and, most recently, soccer players (from ‘heading the
ponents of the brain results in damage at the interface ­football’).
between those structures.
The shearing effects are also identifiable on micros-
copy, where damage to axons can be visualised with the Coup and contrecoup injuries
aid of special staining techniques. These changes have A coup injury to the brain is one that occurs at the site of
been termed traumatic axonal injury which, when pres- primary impact, when deformation of the skull contacts
ent at multiple sites throughout vulnerable areas of the the underlying brain. The site of scalp injury will gener-
cerebral hemispheres and brain-stem, may be described ally approximate the site of brain injury. Such a coup
as diffuse traumatic axonal injury. Axonal injury takes injury to the brain is often represented by localised sub-
a variable time to develop, or at least to become appar- arachnoid haemorrhage and cortical surface contusion
ent under the microscope, and in cases of immediate or with, or without, laceration.
very rapid death following brain injury the microscopic In a ‘moving head injury’, such as might be expe-
changes may not be identifiable. β-amyloid precursor rienced following a fall onto the back of the head, for
protein (β-APP) takes part in the axoplasmic transport example, impact causes the skull to stop moving sud-
system and accumulates at sites of interruption of axo- denly, while movement of the brain continues momen-
plasmic flow. Where there has been survival for sev- tarily before also stopping. As a consequence of such
eral hours, immunohistochemical staining for β-APP relative movement, and the effects of deceleration
may identify injured axons, although interpretation of forces acting on the skull and the cranial contents, a
such staining may be problematic, given that this stain distinctive pattern of head/brain injury can be recog-
also highlights axonal injury caused by non-traumatic nised (Figure 10.12a and b).
156 Regional injuries and p
­ atterns of injury

(a)

Scalp injury
(fracture)
brain damage

(b)

May suffer
secondary fracture
Figure 10.13 Contrecoup contusions on the inferior-­
Temporal and surface of the brain. (Courtesy of Richard Jones.)
frontal contusion

A definitive opinion regarding the nature of head


Scalp injury and brain injuries in a difficult case will require close
(fracture) clinico-pathological correlation, a neuropathological
­
assessment (if deceased) and an evaluation of witness
Figure 10.12 Example of schematic representation of the and other evidence. Examples of causes of death following
formation of coup and contrecoup brain injury. (a) Impact head injury are listed in Table 10.1.
to the non-moving head causing coup injuries, and (b) a
fall onto the back of the head – a ‘moving head injury’ –
causing contrecoup injuries.
Neck injuries
The neck is the site of many different types of injury,
some minor, some completely incapacitating and result-
The site of impact is characterised by contact inju- ing in death. These can be blunt (direct and indirect)
ries to the scalp (bruising, abrasion and laceration, and sharp force/penetrating in nature. Their relevance
for example), skull (linear or depressed fractures) and in forensic medicine results from the presence of a large
sometimes cerebral contusion, although these are less number of vital structures – the upper respiratory and
commonly seen when the impact site is on the back of gastrointestinal tracts, major blood vessels, major nerve
the head. Intracranial bleeding, particularly subdural trunks, the vertebral column and the spinal cord. It is
and subarachnoid haemorrhage may be present and, of particularly prone to injury as a consequence of assault
particular significance in interpreting the nature of the or accidents as it can be grasped easily and the weight
head injury, there are frequently cerebral contusions at of the head means that rapid movement of the head on
sites remote from the primary impact. These are referred the neck (e.g., sudden deceleration in a road traffic colli-
to as contrecoup injuries and may be, for example, on sion) can result in substantial trauma. Protection of the
the under-surfaces of the frontal and temporal lobes fol- integrity of the neck in the living, following severe trau-
lowing a fall onto the back of the head (Figure 10.13). The matic insults, likely to have caused skeletal damage, is
precise mechanism by which they are caused remains imperative prior to clinical and radiological assessment.
controversial, suggestions being that they represent the Layered dissection of the anterior (and often posterior)
effects of contact against the irregular surfaces of the neck structures is an integral part of the forensic post
anterior and middle cranial fossae (of the skull base), mortem examination.
or perhaps the effect of differential pressures within the Penetrating trauma – sharp force or ballistic –
brain following deceleration. The ability to distinguish to the neck has the potential to injure a variety of com-
between coup and contrecoup injuries is often impor- plex structures and requires careful evaluation in the
tant in the criminal setting, for example when attempt- living as well as at post mortem examination. Of partic-
ing to determine sites of weapon impact, as opposed to ular forensic significance in incised wounds to the neck
impact caused by a subsequent fall. is the pattern of injury (self-inflicted versus assault), the
Spinal injuries 157

Table 10.1 Examples of causes of death following head injury


Timing after head injury Cause of death
Immediate • decapitation
• brainstem disruption
Very rapid • diffuse cerebral vascular injury
• traumatic basal subarachnoid haemorrhage
• severe diffuse traumatic axonal injury
Rapid • diffuse traumatic axonal injury
• cerebral substance disruption
• haemorrhage: e.g., external from scalp wounds; internal via injured cerebral
vessels (including into nose/throat/lungs)
Delayed • mass effect of intracerebral haemorrhage with internal cerebral herniation
• global brain swelling (oedema) with raised intracranial pressure and internal
herniation
• hypoxic-ischaemic encephalopathy
• cerebral infarction
• infection: meningitis; pneumonia (aspiration or hypostatic following
intubation/mechanical ventilation)
• post-traumatic epilepsy
Remote (long delay post injury) • post-traumatic epilepsy
• post-traumatic dementia (pugilistica)/chronic traumatic encephalopathy (cte)
• infection as a complication of persistent vegetative (or minimally conscious)
state: ‘bed sores’, pneumonia, renal tract infection etc.

presence of arterial injury capable of explaining blood estimated by bystanders. Sometimes the spinal injuries
patterns such as ‘arterial spray’ or ‘arterial rain’ at the are more subtle and at post mortem it is only after care-
scene of a suspicious death and venous injury raising ful dissection that damage to the upper cervical spine
the possibility of death having been caused by cardiac and, in particular, disruption of the atlanto-occipital
air embolism. joint will be revealed.
The application of pressure to the neck, whether it For the survivors of trauma, spinal injuries may have
be manual or by means of a ligature, and the pattern of some of the most crucial long-term effects because the
injury seen in such a scenario, is considered separately spinal cord is contained within the spinal canal and
in Chapter 11. there is little, if any, room for movement of the canal
before the cord is damaged. The sequelae of spinal
damage will depend upon the exact anatomical site and
Spinal injuries mechanism of injury.
The spine is a complex structure with interlocking but The type of injury to the spine will depend upon
mobile components often described as having anterior, the degree of force and the angle at which the spine is
middle and posterior ‘sub-columns’. Damage to one of struck. A column is extremely strong in compression
the sub-columns is unlikely to result in instability: if and, unless the force applied is so severe that the base
the middle column is damaged then the likelihood of of the skull is fractured, vertically applied forces will
instability, neural damage is increased, and if all three generally result in little damage if the spine is straight.
columns are involved then fracture-dislocations and Angulation of the spine will alter the transmission of
spinal cord damage is expected. The spine is designed to force and will make the spine much more susceptible to
flex to a great extent but lateral movement and extension injury, particularly at the site of the angulation.
are more limited. The spine is very commonly injured Force applied to the spine may result in damage to
in major trauma such as road traffic collisions or falls the discs or to the vertebral bodies. The other major
from a height, and severe injury with discontinuity is components of the vertebrae – the neural arches and the
easily identified. The history of the event (e.g., the height transverse processes – are more likely to be injured if the
fall distance) is often very important in predicting the direction of the force of the trauma is not aligned with the
potential injury patterns, but distances may be poorly spine.
158 Regional injuries and p
­ atterns of injury

rendered immobile through alcohol or drugs and may be


seen following restraint in custodial settings; it may also
be seen in the healthy, for example, attempting to climb
through a small window to gain access to a property.
Blunt injury may result in fractures of the ribs. The
fracture of a few ribs is unlikely to have much effect,
other than causing pain, in a fit adult. In an individual
with respiratory disease (e.g., chronic obstructive pul-
monary disease) there are greater risks for the develop-
ment of respiratory compromise or infection. If there are
numerous rib fractures, and particularly if they are in
adjacent ribs, the functional integrity of the chest wall
may be compromised, limiting respiratory capabili-
Figure 10.14 Crushed vertebral body as a result of a ties even in fit individuals. Two fractures to a number
hyperflexion injury. of adjacent ribs may result in the so-called ‘flail’ chest
where, clinically, the area between the fractures may
Whiplash injuries associated with road traffic fatali- be seen to move inwards on inspiration – paradoxical
ties are very common and are caused by hyperextension respiration (Figure 10.15). The clinical effects of such
of the neck; hyperflexion is less likely to cause damage. injuries depend on their extent and on the respiratory
Hyperflexion injuries can be caused if heavy weights are reserve of the individual: an elderly man with chronic
dropped onto the back of a crouching individual; this lung disease may be tipped into terminal respiratory
scenario may be seen in roof falls in the mining industry. failure by injuries that would only be a painful irritant
Hyperflexion injuries are also seen in sports – particu- to a fit young man. Trauma that has fractured left sided
larly rugby scrums and diving. Such injuries can cause 10th, 11th and 12th ribs may be substantial enough to
fatalities or substantial disability such as quadriplegia. cause injury to the underlying spleen.
Forceful extension of the spine can be seen, although Rib fractures may have other more serious conse-
rarely now, in the cervical injuries associated with judi- quences. If the irregular ends of the fractured bones are
cial hanging where there is a long drop before the sud- driven inwards, they may penetrate the underlying pleu-
den arrest and forceful extension of the neck. Forceful ral lining of the chest wall cavity, or even the underlying
flexion of the spine will commonly lead to the ‘wedge’ lung itself, resulting in a pneumothorax (an abnormal col-
fracture or compression of the anterior aspect of a ver- lection of air in a chest cavity). If subcostal, or pulmonary,
tebral body (Figure 10.14). Lateral forces will lead to frac- blood vessels are also injured, the resulting haemorrhage
ture dislocations where one vertebral body passes across associated with the leakage of air will produce a haemo-
its neighbour; this displacement will seriously compro- pneumothorax (an abnormal collection of air and blood in
mise the integrity of the vertebral canal. Damage to the a chest cavity). Pneumothoraces may also develop if frac-
intervertebral discs can occur as a solitary lesion or it tured rib margins are forced outwards through the skin.
may be part of a more complex spinal injury. Children are, in general, more resilient and better
able to cope with rib fractures. However, rib fractures
in children have a particular place in forensic medicine,
Chest injuries as they can be a marker for non-accidental injury.
The chest can be subject to all kinds of injury and is Rib (and sternal) fractures in adults are frequently
particularly susceptible to both blunt and penetrating identified at post mortem examination following car-
injuries. diopulmonary resuscitation (CPR) or cardiac massage.
Adequate respiration requires freedom of movement They are usually located anteriorly, or laterally, and
of the chest, functioning musculature and integrity of the involve those ribs underlying the regions that experience
chest wall. Any injury that impairs or prevents any of these most compression during CPR. They are frequently sym-
activities will result in a reduction in the ability to breathe, metrical and, if there has been no survival following CPR
which may result in asphyxiation. External pressure on attempts, they lack associated haemorrhage. Posterior
the chest may result in traumatic asphyxia by restricting rib fractures, or fractures of the first rib, for example,
movement; this may occur during road traffic collisions would be unusual as a consequence of CPR. The nature
or following collapse of structures such as mine tun- of rib fractures thought to be related to CPR may become
nels, or buildings in earthquakes. Pressure on the chest the subject of argument in court and, in an individual
that restricts movement may also occur if the individual with a history of chest trauma who subsequently receives
simply gets into, or is placed into, a position in which the CPR attempts, microscopic examination of rib fractures
free movement of the chest is restricted. This positional identified at post mortem examination – for evidence of
asphyxia occurs most commonly in individuals that are ‘healing changes’ – may be of assistance.
Abdomen 159

may be confined to the soft tissues of the mediastinum or


(a) enter the pleural cavities. Haemorrhage from penetrat-
ing injuries to the chest may remain concealed with little
external evidence of bleeding and it is not unusual to find
several litres of blood within the chest cavity at post mor-
tem examination. It is possible to exsanguinate into the
thoracic cavity. Following penetrating chest injury, and
when an injured person is capable of purposeful move-
ments following infliction of such an injury, external
blood loss may not be apparent at the locus of infliction of
that injury, resulting in potential difficulties in the inter-
pretation of the scene of an alleged assault. It follows that
(b) the lack of any evidence of external bleeding at such a
scene does not imply that infliction of the – subsequently
Rib fractures
Costal fatal – injury could not have occurred at that locus. The
cartilage answer to the question commonly asked in court, ‘Would
you not have expected immediate bleeding from such a
Flail
serious injury’, must be ‘Not necessarily’.
Sternum
segment
Abdomen
Rib The anatomy of the abdominal cavity plays a major
role in determining the type of injuries that are found.
The vertebral column forms a strong, midline, verti-
cal structure posteriorly, and blunt trauma, especially
Fracture in the anterior/posterior direction, may result in com-
separation pression of the organs lying in the midline against the
vertebral column. This compressive injury may result
(c) in substantial blunt force injury to intra-abdominal
organs, including bruising (or even transection) of the
duodenum or jejunum, rupture of the pancreas, rupture
of the liver, and disruption of omentum and mesentery
(Figures 10.16 and 10.17).
The forces generally required to cause these inju-
ries in an adult are severe and they are commonly
encountered in road traffic collisions. In an otherwise
healthy adult, it would be unusual but not impossible
for a simple punch to the abdomen to cause significant
intra-abdominal injuries, but kicks and stamps are
commonly the cause of major trauma. The kidneys and
Figure 10.15 Multiple rib fractures (a) following a road the spleen are attached only by their hila and are sus-
traffic collision. There were many ’flail’ segments (b) ceptible not only to direct trauma but also to rotational
and fractures rib ends pierced the underlying lung (c). and shearing forces that may result in avulsion from
([a & c] Courtesy of Richard Jones.) their vascular pedicles. Blunt trauma to the spleen is
sometimes associated with delayed rupture leading to
Penetrating injuries of the chest, whether caused by
sharp-force trauma (stab wounds) or gunshot wounds,
may result in damage to any of the organs or vessels
within the thoracic cavities. The effect of the penetra-
tion will depend mainly upon which organ(s) or vessel(s)
are injured. Penetration of the chest wall can lead to the
development of pneumothorax, haemothorax or a com-
bination (haemopneumothorax).
Damage to the lungs can also result in the develop-
ment of pneumothoraces, and damage to the intratho- Figure 10.16 Mesenteric bruising and laceration follow-
racic blood vessels will result in haemorrhage, which ing blunt force trauma in a road traffic collision.
160 Regional injuries and p
­ atterns of injury

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Gurdjian ES, Webster JE, Lissner HR. The mechanism of skull frac- 2018;110:403–406.
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Hampson D. Facial injury: a review of biomechanical studies Arch Neurol Psychiatry 1936;35:64–78.
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1995;28:1–7. injury: observations on the mechanics of visible brain injuries
Hein PM, Schulz E. Contrecoup fractures of the anterior cranial in the rhesus monkey. J Neurosurg 1971;​35:503–516.
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Neurochir (Wien) 1990;105:24–29. pathology of adult and paediatric head injury. Br J Neurosurg
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Hill CS, Coleman MP, Menon DK. Traumatic axonal injury: mech- Prakash A, Harsh V, Gupta U, et al. Depressed fractures of skull: an
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11 Pressure to the neck
and asphyxia deaths
▪▪ Introduction ▪▪ Obstruction or occlusion of the airways
▪▪ Classification of asphyxia ▪▪ Pressure to the chest or abdomen
▪▪ Phases and signs of ‘asphyxia’ ▪▪ Bibliography and information sources
▪▪ Types of mechanical asphyxial mechanisms ▪▪ Further general resources

Introduction metabolites) which deprive the body of oxygen by sim-


ple displacement of oxygen from the lungs, or more
The translation of the word ‘asphyxia’ from the Greek systemically where the transport of oxygen by haemo-
means ‘absence or lack of pulsation’. It is now a word globin or mitochondrial oxidative phosphorylation is
commonly used to describe an interference in the trans- interfered with, can be termed asphyxiants.
fer of oxygen from the air to cells, tissues and organs by a A simple classification of asphyxial mechanisms is
variety of mechanisms. That interference might be par- described below.
tial (leading to hypoxia) or complete (leading to anoxia) Mechanical: Figure 11.3:
(Table 11.1).
In forensic medicine, asphyxia often describes a • Strangulation (pressure applied to the neck by
situation where there has been a physical obstruction means of a ligature, or by hands etc.) (Figure
between the mouth and nose to the alveoli, although 11.3b–d).
other asphyxial mechanisms exist, in which there is an • Hanging (pressure applied to the neck by means of
inability to utilise oxygen at the cellular level without a ligature combined with the weight of the body)
there being a physical airway obstruction. The term (Figure 11.3e).
asphyxia is a term frequently misunderstood in non- • Choking (physical obstruction within the airways).
forensic medicine and attempts have been made to stan- • Compression asphyxia (pressure applied to the
dardise the classification of ‘asphyxia-related deaths’ chest or abdomen, resulting in a physical interfer-
seen in forensic practice. ence with the ability to breathe effectively).
• Smothering (physical obstruction of the mouth/
Classification of asphyxia nose preventing effective breathing).
There are almost as many classification schemes Non-mechanical:
for the forensic aspects of asphyxia-related deaths
as there are textbooks, and definitions for types of • Carbon monoxide poisoning (chemical interfer-
asphyxia deaths are equally varied, with attempts ence with respiration at a cellular level.
made to correlate post mortem findings with the • Cyanide poisoning (Table 11.1).
known circumstances of death. No single system has • Other asphyxiants.
been formally adopted.
Two examples of proposed classification schemes Miscellaneous:
are shown in Figures 11.1 and 11.2, the latter of which
• Drowning (physical interference with effective
is based on pathophysiological criteria. As with all clas-
respiration by a liquid).
sifications, the key element is that those using them, and
those interpreting them, are clear about the clinical and
pathological relevance of each, and how a particular Phases and signs of ‘asphyxia’
case fits into a particular classification scheme. Forensic medicine textbooks have traditionally described
This chapter focusses on those circumstances in a stereotypical sequence of events following obstruction
which there has been a physical interference with the of the airways leading to fatal asphyxia (see Box 11.1). The
oxygenation of blood, by occlusion of the airways or origins of this description are unclear and it is best con-
the application of pressure to the neck or chest. Any sidered to be of historical interest, as such a sequence is
compromise of oxygenation due to immersion in water not relevant to all obstructive asphyxia events, or specific
(drowning) or toxins (e.g., carbon monoxide) will be to a particular event, and the pathophysiology of airway
explored elsewhere. Gases, liquids or solids (and their obstruction remains incompletely understood.
Phases and signs of ‘asphyxia’ 163

Table 11.1 Examples of asphyxia conditions and some terminology applied


Underlying cause of death Name
Lack of oxygen in the inspired air Suffocation
Blockage of the external orifices (nose/mouth) Suffocation/smothering
Blockage of the internal airways by physical obstruction Gagging/choking
Compression of the internal airways by external pressure Strangulation/hanging
Limitation of chest movement Traumatic asphyxia
Failure of oxygen transportation (For example, carbon monoxide poisoning)
Failure of oxygen utilisation (For example, cyanide poisoning)

Asphyxia (forensic situations where a body does not


receive or utilise adequate amounts of oxygen)

Suffocation (a broad term encompassing Strangulation (asphyxia by closure Mechanical asphyxia (asphyxia by Drowning (asphyxia by
asphyxia due to vitiated atmosphere and of the blood vessels and/or air restriction of respiratory movements immersion in a liquid)
smothering associated with deprivation passages of the neck as a result of either by position of the body or external
of oxygen) external pressure on the neck) chest compression)

Smothering Choking Confined Positional (or postural) Traumatic asphyxia


(obstruction of (obstruction spaces/ asphyxia (the position of the (caused by external
the air of the air entrapment individual compromises the chest compression
passages passages vitiated ability to breathe) by a heavy object)
above the below the atmosphere
epiglottis, epiglottis)
including the
nose, mouth
and pharynx)
Ligature strangulation (pressure Hanging (pressure on Manual strangulation
on the neck is applied by a the neck is applied by a (external pressure on neck
constricting band tightened by a constricting band structure by hands, forearms
force other than the body tightened by or other limbs)
weight) gravitational weight of
the body or part of the
body)

Figure 11.1 Classification of asphyxia in forensic contexts. (Adapted from Sauvageau A, Boghossian E. 2010,
Classification of asphyxia: the need for standardisation.)

Asphyxia

Failure in supply of Failure to transfer oxygen Failure of transport of oxygen Failure of cells to take up Complex cases/
adequate amounts of from the environment into due to a breakdown in supply oxygen (e.g., cyanide combined mechanisms
oxygen (e.g., due to the blood (e.g., external/ or uptake, or a problem with impeding cellular utilisation (e.g., drowning and
displacement of internal obstruction in blood flow due to local vascular of oxygen by damaging hanging: combined
environmental oxygen by smothering, choking and compression reducing cerebral enzyme systems - chemical venoarterial occlusion,
other gases; consumption hanging; extrinsic/intrinsic blood flow (e.g., hanging and asphyxia) upper airway
of oxygen without compromise of thoracic cage strangulation) obstruction from lifting
replacement; confinement function in mechanical/ of the tongue, and
in sewers etc.) traumatic asphyxia or chest tracheal compression
wall trauma; and reduced etc.)
oxygen binding capacity of
the blood in carbon monoxide
toxicity)

Figure 11.2 Classification of asphyxia by pathophysiological mechanism. (Adapted from Byard 2011, Commentary on
Sauvageau.)
164 Pressure to the neck and asphyxia deaths

(a)
Impermeable plastic
(b)
Irrespirable atmosphere
Blocked
Smothering pad
pharynx or glottis
Manual strangulation
Ligature
strangulation Blocked trachea

Inverted
posture

Pressure on chest

(c) (d)

(e)

Figure 11.3 (a) Examples of the causes of


mechanical asphyxia. (b) Grip marks to the
neck and (c) jaw following attempted manual
strangulation. (d) Ligature mark after attempted
garrotting – note congestion (‘tide mark’)
above double ligature. (e) Male suspended from
ligature.

Research into the pathophysiology of asphyxia con- • Congestion and oedema of the face.
tinues, and has been assisted by attempts to analyse • Cyanosis (blue discolouration) of the skin of the
the sequence of events depicted in documented filmed face.
recordings made by individuals who have hung them- • Right heart congestion and abnormal fluidity of
selves. Agonal sequences of movements have been the blood.
described, together with timings of their appearance
(see Table 11.2). However, none of these signs is specific to ‘asphyxia’
The ‘classic signs of asphyxia’ were traditionally (however defined). Ambroise Tardieu was convinced that
described as: petechiae (Tardieu spots) were pathognomonic of suffo-
cation, but they are not. They may be frequently seen, for
• Petechial haemorrhages in the skin of the face and example, in those dying from congestive cardiac failure
in the lining of the eyelids. deaths. Raised intravascular pressure in blood vessels
Phases and signs of ‘asphyxia’ 165

Box 11.1 Sequence of events that may


be seen in asphyxia episodes
Dyspnoea phase: Increased respiratory rate and
effort, cyanosis, and increased heart rate and blood
pressure.
Convulsive phase: Loss of consciousness, laboured
respiratory movements, facial congestion/petechiae,
altered heart rate and blood pressure (variable), and
involuntary micturition/defecation.
Pre-terminal respiratory phase: Irregular respirations,
alternating apnoea and gasps, failure of respiratory
and circulation centres in the brain, and transient
tachycardia.
Figure 11.4 Petechial (and more confluent) haemor-
Terminal phase: Respiratory arrest, hypotension, fee- rhages in the facial skin and conjunctivae following
ble, irregular heart rate, then asystole; pupils dilate manual strangulation.
and reflexes are lost.

after 10–30 seconds of compression. In the absence of


in the head/neck explains the first three signs, and right petechiae (caused by the leakage of blood from vessels),
heart congestion and fluidity of blood can be considered it follows that if death resulted from the application of
irrelevant to ascribing death to ‘asphyxia’. Of these clas- pressure to the neck, death must have supervened before
sic signs, the finding of petechiae in the face/neck is of petechiae could be produced. The absence of petechiae
most importance to the forensic pathologist; it is a finding does not exclude compression, often an important factor
that requires an explanation, and a careful search for any in criminal trials.
evidence capable of supporting a diagnosis of ‘pressure Where the event or assault has resulted in death,
having been applied to the neck or chest’ (Figure 11.4). examination by a forensic pathologist is required to iden-
Additional non-specific findings in asphyxial deaths tify potentially subtle evidence of assault. Determining
include congestion of the viscera and the presence of the nature of an asphyxial death can be very challeng-
petechiae (Figure 11.5). ing and requires a detailed review of known pre-mortem
The length of time that pressure to the neck/chest events, death scene findings, autopsy findings, and the
must be maintained to produce congestion and pete- results of other post mortem investigations including
chiae in a living victim is a matter of continued con- toxicological analysis.
troversy, but it is generally accepted, from experience Asphyxial insults are not necessarily fatal, the out-
with the living victim, that it may be rapid, perhaps come being largely dependent on the nature of the

Table 11.2 Sequences of events in filmed hangings


Feature observed Average time after hanging
Rapid loss of consciousness 10 +/− 3 s
Mild generalised (tonic-clonic) convulsions 10 +/− 3 s
Decerebrate rigidity (limb extension/extensor rigidity) 19 +/− 5 s
Deep rhythmic abdominal respiratory movements 19 +/− 5 s
Decorticate rigidity (upper limb flexion/lower limb extension) 38 +/− 15 s
Loss of muscle tone 1 min 17 s +/− 25 s
End of deep abdominal respiratory movements 1 min 51 s +/− 30 s
Last muscle movement 4 mins 12 s +/− 2 mins 29 s
Source: Sauvageau et al. Agonal sequences in 14 filmed hangings with comments on the role
of the type of suspension, ischaemic habituation, and ethanol intoxication on the
timing of agonal responses. Am J Forensic Med Path 2011;32:104–107.
166 Pressure to the neck and asphyxia deaths

• Congestion (manifest as discolouration) and


oedema of the structures above any level of com-
pression.
• Petechiae above the level of the compressive force
that has caused the asphyxia.
• Haemorrhage from the mouth, nose and ears.
• Incontinence of faeces and urine.

Types of mechanical asphyxial


mechanisms
Pressure to the neck
Three types of the application of direct pressure to the
neck are of particular importance in forensic medi-
cine: manual strangulation, ligature strangulation and
Figure 11.5 Tardieu spots (subpleural petechial haemor-
hanging. In each of these it is not possible to predict how
rhages) following manual strangulation. These are no
rapidly death will occur; in some cases, death will be
longer considered to be specific for asphyxia.
relatively ‘slow’, allowing time for the development of
the classic signs of asphyxia (although such signs may
insult, its degree and its length of time. It is possible for be evident following the application of pressure to the
some survivors to suffer no significant adverse long-term neck for a matter of seconds), while in other cases such
health effects, although others (if oxygen deprivation is signs will be entirely absent.
prolonged) may survive but with neurological sequelae. The application of circumferential pressure to the
A persistent vegetative state may develop following irre- neck or direct pressure to the sides of the neck may lead
versible hypoxic–ischaemic brain injury, depending on to any of the following, the precise nature of which is
the length of time inadequate oxygenation was experi- dependent upon the type, site, force and time period of
enced. In the living survivor, appropriate examination, the pressure applied:
documentation, sampling (e.g., for DNA at the site of • Obstruction of the jugular veins, causing impaired
compression) and investigations (which may include venous return of blood from the head to the heart
radiological imaging) will optimise the recovery of foren- (leading to cyanosis, congestion, petechiae).
sically useful evidence in order to assist subsequent legal • Obstruction of the carotid arteries which, if severe,
proceedings. If such an individual presents to hospital, causes cerebral hypoxia and collapse.
it is appropriate for such an examination to be made by • Stimulation of carotid sinus baroreceptors at the
a suitably experienced forensic physician at the earliest bifurcation of the common carotid arteries result-
opportunity. It is important to remember that there may ing in a neurologically mediated cardiac arrest
be additional injuries unrelated to the asphyxia mech- (see Box 11.2 and Figure 11.6).
anism that may have forensic significance. They may • Elevation of the larynx and tongue, closing the air-
require review by an o ­ torhinolaryngologist (an ear, nose way at the level of the pharynx (the cartilaginous
and throat [ENT] specialist). Cervical arterial injuries trachea is more resistant to compression, unless
may also be documented resulting in stroke. severe force is applied to the neck).
In survivors of an ‘asphyxial episode’, a thorough
history and clinical examination may exhibit a range of Following mechanical pressure to the neck, loss of
signs and symptoms including some or all of: consciousness can occur rapidly, perhaps by 10 sec-
onds, and such a timeframe would generally seem to
• Hoarseness. be confirmed by analysis of filmed hangings. The use
• Stridor (noisy breathing due to obstructed airflow of a sleeper hold (vascular neck restraint) has suggested
in the upper airway). that loss of consciousness can occur in just under 10
• Pain and tenderness around the neck and struc- seconds. The time taken to produce a fatal outcome,
tures within the neck. however, has never been satisfactorily established, and
• Damage to the larynx and associated cartilages. is hugely variable although filmed hanging analysis sug-
• Fracture to the hyoid bone. gests a lack of recognisable respiratory movements after
• Dried saliva around the mouth. about 2 minutes and a lack of muscle movements after
• Cyanosis (in the immediate period after the about 7.5 minutes. These effects must relate in part to
attack). the physical application of pressure, as free divers, in
Types of mechanical asphyxial mechanisms 167

Box 11.2 ‘Vagal inhibition’ or reflex cardiac arrest


It has been recognised for some time that the mechani- system, and possibly inherited genetic susceptibilities
cal stimulation of the carotid sinus baroreceptors in to cardiac arrhythmias during stressful events (such as
the neck can result in an unpredictable, and some- channelopathies).
times fatal, outcome. Fatalities have been described,
for example, following apparently minimal pressure
being applied to the neck, and such events have been (a)
attributed to vagal inhibition or reflex cardiac arrest
(Figure 11.6). Therapeutic carotid sinus pressure is car- Internal
ried out on individuals with an arrhythmia, while being jugular vein
Hyoid bone
closely monitored, and is considered to be generally
safe. The clinical response, however, has also been
described as being unpredictable, and deaths have
occurred because of ventricular arrhythmias/asystole.
Stimulation of the carotid sinus baroreceptors
results in impulses being transmitted via the carotid Carotid
bifurcation
sinus nerve (a branch of the glossopharyngeal nerve)
to the nucleus of the tractus solitarius, and vagal nuclei, Common
in the medulla. Parasympathetic impulses descend to carotid artery
the heart via the vagus nerve leading to a profound
(b)
bradycardia and potentially asystole.
Death may supervene at any time following the
application of pressure to the neck, and it is thought
that such ‘vagal inhibition’ may explain why many indi-
viduals found hanging show none of the classic signs
of asphyxia.
Whether or not such a mechanism can explain some
cases of sudden death following neck compression on
its own remains a matter of debate. There is substan-
tial (unevidenced) support for the possibility of such
an explanation for death, although a systematic review
of reported fatalities purporting to be explicable on
the basis of reflex cardiac arrhythmia following carotid
bifurcation stimulation found no support for such an
explanation in the vast majority of cases. Figure 11.6 The carotid sinus baroreceptor and pres-
It is likely that the pathophysiology of fatal neck sure to the neck: (a) the location of the carotid sinus
compression is multifactorial, incorporating com- at the bifurcation of the common carotid artery in the
plex heart–brain interactions, emotional stress/ neck, and (b) pressure to the neck causing compres-
adrenaline-mediated effects on the cardiovascular sion of the carotid sinus.

the absence of pressure applied to the neck, can breath- The external signs of manual strangulation (Figure 11.7)
hold in static apnoea settings for more than 10 minutes. can include bruises and abrasions on the front and sides
Historic animal experiments indicated the potential for of the neck, and the lower jaw; the pattern of skin sur-
their survival up to 14 minutes following obstructive face injuries is often difficult to interpret because of the
asphyxiation. dynamic nature of an assault, and the possibility of the
repeated re-application of pressure during strangula-
tion. These signs are often florid in the survivor and may
Strangulation be more pronounced in the fatality where death has not
Manual strangulation is used to describe the applica- been immediate. It is generally not possible to reliably
tion of pressure to the neck using the hands (although determine which of an assailant’s hands caused a par-
some would add forearms/limbs), and is a relatively ticular set of injuries or how much pressure must have
common mode of homicide, particularly where there is been exerted by an assailant during the process of stran-
disparity between the sizes of the assailant and victim. gulation based on the injury pattern (as was illustrated
168 Pressure to the neck and asphyxia deaths

Petechiae

Ear bleed
Congestion
Nose bleed

Petechiae

Bruises, abrasions
and fingernail marks
Ligature mark
Paler skin below neck

Figure 11.7 Potential signs of strangulation when cardiac arrest is delayed and circulation persists.

in the ‘Barleycorn Public House Murder’, described in level of the constricting ligature, and there is usually a
Box 11.3). Bruises caused by fingertip pressure (rounded ligature mark on the neck at the site of constriction. This
or oval-shaped bruises up to approximately 2 cm in size) mark may be formed by a combination of compression
and fingernail scratches (linear or crescent-shaped and abrasion of the skin, and often reflects the nature
abrasions, imprints or skin breaches) may be seen, the of the ligature itself, sometimes replicating the pattern
latter being made either by the assailant or the victim of the ligature. Precise documentation (including mea-
(Figure 11.8). surement and scaled photography) of any pattern visible
Ligature strangulation may be homicidal, suicidal within a ligature mark, may enable comparison to be
or accidental and involves the application of pressure made with putative ligature in that case at a future date.
to the neck by an item capable of constricting the neck, Ligatures that are wide, or of a soft, non-abrasive mate-
for example, a scarf, a neck-tie, a belt, a pair of tights, or rial, however, may leave very little evidence of compres-
cable tie (Figure 11.9). There is frequently a clear demar- sion on the skin of the neck, or even injury to underlying
cation of congestion, cyanosis and petechiae above the structures, because of pressure dispersal.

Box 11.3 Manual strangulation: ‘The Barleycorn Public House Murder’


The Licensee of a public house was found dead on the A man was subsequently arrested, confessing to the
floor of her bedroom. At autopsy, a bruise was present murder by strangling her with his right hand. He had a
on the right side of the neck just below the angle of deformed right hand; he had lost the greater part of the
the jaw, with a curved scratch at its upper border, and distal two phalanges of each finger, although his thumb
three bruises lay in a group (and in a line with each was intact. The defence called Sir Bernard Spilsbury,
other) on the left side of the neck over the thyroid car- who did not consider that the defendant could have
tilage. Two scratches were on the mid-line of the neck. strangled her with that hand. He was acquitted of mur-
On dissection, there was a fracture of the right der but subsequently was arrested and convicted for a
superior horn of the thyroid cartilage and bruising separate burglary. Many years later, he confessed to the
behind the larynx. Bruising was present at the back of murder to ‘The People’ newspaper.
the head, over the shoulder blades, and the back of
the trunk and the crest of the left hip.
Types of mechanical asphyxial mechanisms 169

hanging, in which the individual’s body weight against


a ligature leads to pressure being exerted on the neck.
At post mortem examination, ligature marks are fre-
quently seen as brown parchmented bands, reflecting
post mortem drying of the abraded skin. While acci-
dental and suicidal ligature strangulation does occur, it
is recommended that such cases are treated with great
caution until homicide can be excluded by thorough
­i nvestigation.
Pressure can be applied to the neck by means other
than the hands or a ligature. A variety of restraint tech-
niques are described that involve applying force to the
neck. These are often by means of the neck being placed
in the crook of the arm, when substantial pressure can
be applied. Such techniques have a variety of descrip-
tive names (e.g., vascular neck restraint; choke-hold;
sleeper hold; arm-lock). Each has the potential for fatal-
ity and investigations into deaths following police/secu-
rity service contact frequently involve the evaluation of
potential effects of restraint techniques used prior to
death. Such techniques may or may not result in the
production of asphyxial signs or neck injury. Many law-
Figure 11.8 Surface injuries on the neck and jaw in man- enforcement bodies prohibit these techniques.
ual strangulation. Note multiple bruises and abrasions; The ‘choking game’ is a relatively new phenomenon
some of these injuries are caused by the victim trying to of non-suicidal, non-autoerotic self-strangulation often
release the grip of the assailant. undertaken by young adolescents in order to experience
fleeting euphoric sensations. This activity has attracted
many participants worldwide, with images and videos
Marks on the neck in ligature strangulation may being posted on assorted social media. As with all neck
encircle the neck horizontally, although clothing, or compression, there is an unquantifiable risk of fatality.
hair, may be interposed between the ligature and skin, The extent of injury to soft tissues, muscles and the
resulting in discontinuities in the mark. There may be skeleton of the neck (hyoid bone and thyroid cartilage)
marks suggestive of crossover of the ligature, or knots, following strangulation varies depending upon the
but there will be no pattern suggestive of a suspen- nature of the pressure applied to the neck. Post mortem
sion point, distinguishing ligature strangulation from dissection of neck structures should always be carried
out following ‘drainage’ of the vasculature of the neck,
which can be achieved by carrying out the dissection
after removal of the brain and heart. Such a technique
avoids the production of artefactual haemorrhage at the
back of the larynx (Figure 11.10). Box 11.4 describes a
controversial historic case in which artefact may have
been erroneously attributed to trauma caused by neck
compression. There may be bruising within the ‘strap
muscles’ in the neck and injury to the superior horns
of the thyroid cartilage, which are particularly vulner-
able to compressive injury (Figure 11.11). Suspected
fractures should be confirmed under the microscope as
triticeous cartilage mobility at the tips of the horns may
simulate fractures. The greater horns of the hyoid bone
may also be injured, albeit less frequently than the thy-
roid cartilage. Radiological techniques are effective at
identifying such injuries in the deceased. Calcification
Figure 11.9 Ligature mark from a nylon scarf. Although and ossification of the hyoid bone and thyroid cartilage
the fabric was broad, tight stretching of the fabric occurs with increasing age, and such change is associ-
resulted in a well-defined linear ‘band’ that could be ated with less flexible structures that are more prone
mistaken for that made by a cord or wire. to injury following neck compression. Internal neck
170 Pressure to the neck and asphyxia deaths

Figure 11.11 Fracture of the left superior horn of the


thyroid cartilage following strangulation.

injuries are commonly less extensive in ligature stran-


gulation, with haemorrhage often being more localised
to the site of ligature application.

Hanging
Figure 11.10 Layered in situ dissection of the anterior neck Hanging describes suspension of the body by the neck.
structures is essential in order to evaluate injuries follow- Any material capable of forming a ligature can be used
ing pressure to the neck. Such dissection must be carried for hanging. The pressure of the ligature on the neck is
out following ‘drainage’ or ‘decompression’ of the blood produced by the weight of the body; it is not necessary
vessels in the neck to avoid artefactual haemorrhage. for the body to be completely suspended, with the feet

Box 11.4 The disappearing bruise


In 1929 Sidney Fox’s mother, Rosaline, died in a fire in bruising to the formalin-fixed larynx, and thought that
her room in a Margate hotel. An inquest recorded acci- Spilsbury may have misinterpreted post mortem disco-
dental death verdicts, but suspicion was raised when louration. In addition, no microscopic sampling of this
Sidney claimed on insurance policies entered into by ‘bruise’ had taken place. At trial, Spilsbury insisted he
his mother. He was arrested and forensic pathologist Sir had seen a bruise but had probably cut it away during
Bernard Spilsbury examined her exhumed body, find- the dissection process.
ing evidence of significant cardiac disease but no soot in The defence view was that Mrs. Fox had died of
the air passages and no carbon monoxide in the blood. heart failure and fright during an accidental fire, and
There were no petechiae or injuries on the surface of the that anyone, even Spilsbury, could mistake post mor-
neck. Spilsbury discovered bruising of the left edge of tem discolouration for a bruise to the naked eye. Fox,
the tongue, a pinpoint haemorrhage in the lining of the however, was convicted and hanged.
epiglottis, ‘bruising’ of the congested left thyroid lobe, This case highlights the need for photographic doc-
and a recent ‘bruise’ in loose soft tissue at the back of umentation of findings at post mortem examinations,
the larynx, and ascribed these findings to pressure to and the need for confirmatory microscopy of critical
the neck, giving the cause of death as ‘asphyxia due injuries. This disputed bruise in this case could repre-
to manual strangulation’. There was no bruising in the sent an example of what is now called the ‘Prinsloo-
strap muscles of the neck, and there were no laryngeal Gordon’ artefact – apparent bleeding from congested
fractures, save for post mortem fractures of the hyoid vasculature in loose soft tissue at the back of the lar-
bone that Spilsbury admitted to making. Sydney Fox ynx – and pathologists now take active steps to drain
was charged with the murder of his mother. blood as far as possible from the neck, by removing the
Defence pathologists Sir Sidney Smith and brain and chest organs/heart, prior to neck dissection
Dr. Robert Bronte were alarmed to find no evidence of in case there is suspected neck compression.
Types of mechanical asphyxial mechanisms 171

takes for such signs to appear, raising the possibility that


carotid sinus pressure and neurogenic cardiac arrest
has played an important role.
Hanging by judicial execution involves a drop, for
example through a trapdoor, calculated to result in
cervical spinal cord injury and fracture-dislocation of
the cervical spine, but without decapitation. However,
excluding judicial execution hangings, internal injury
to neck structures in hangings is frequently inconspicu-
ous, and may be entirely absent.
Non-judicial hanging is frequently a suicidal act of
males. Some cases are accidental and entanglement
with cords and ropes can occur, for example with
Figure 11.12 Suicidal hanging: the rope rises to a point, restraint harnesses or window-blind cords in children.
leaving a gap in the ligature mark – the suspension point Occasionally, a homicide is staged to resemble a suicidal
– on the neck. hanging, and the investigators and pathologist must be
alert to the presence of injuries not capable of being
off the ground and the body hanging free under grav- explained by hanging, or being atypical for hanging.
ity, as death may result from hanging where the body Post mortem toxicological analysis should be performed
is slumped in a sitting, kneeling or half-lying position, in all hangings in order to determine whether the indi-
with the point of suspension occurring at the level of, for vidual was capable of self-suspension. A controversial
example, a door-handle. As with ligature strangulation, hanging death, said to have been a staged homicide, is
a ligature mark is commonly present – often accompa- described in Box 11.5.
nied by a deep indentation or furrow in the skin – but In survivors of accidental or suicidal hanging there
discontinuous at some point around the neck. This dis- may be no adverse sequelae. For some there may be
continuity reflects the suspension point, which may be residual hypoxic brain damage that may be profound,
at the sides or back of the neck, or even at the front of the or only detectable by neuropsychological assessment.
neck. If the ligature mark is seen to rise at the sides of the Others have motor and/sensory loss as a result of brain
neck, for example, to form an inverted V-shaped mark damage. In addition, attempts to breathe when the
at the back of the head, the suspension point was at the upper airway is blocked by an elevated tongue, due to
back of the head (Figures 11.12 and 11.13). ligature pressure to the neck, raises intrathoracic pres-
The precise mechanism of death in hanging is prob- sure and can lead to the escape of air into the medias-
ably multifactorial, involving venoarterial occlusion, tinum (pneumomediastinum) and the tracking of air in
upper airway occlusion due to lifting of the tongue and the soft tissues of the neck (cervical emphysema).
adjacent soft tissues, and tracheal compression. In the
absence of classical signs of asphyxia, even in hangings Autoerotic asphyxia
in which there is complete suspension, the inference Autoerotic asphyxia is the term used to describe those
must be that death has occurred more rapidly than it fatalities occurring during some form of solitary sexual
activity. Many other terms have been used to describe
deaths such as these including sexual asphyxia, sex
hanging, asphyxiophilia, Kotzwarrism, autoasphyxio-
philia and hypoxyphilia. The recurrent feature tends to
be the use of a device, appliance or restraint that causes
neck compression, leading to cerebral hypoxia, with the
aim of heightening the sexual response. Such deaths,
which generally but not exclusively involve men, occur
predominantly as a result of failure of safety devices,
or their judgement/belief that they can terminate the
activity before losing consciousness.
The presence of some or all of the following features
should be considered when concluding that death
occurred as a result of autoerotic asphyxia:

Figure 11.13 Partial parchmented ligature mark with • Evidence of solo sexual activity.
sparing to left side of neck at site of suspension. • Private or secure location.
172 Pressure to the neck and asphyxia deaths

Obstruction or occlusion of the


Box 11.5 A forensic controversy: A suicidal
hanging or a staged homicide? airways
In 1992, Mr. Gilfoyle’s heavily-pregnant wife was Choking, suffocation and smothering
found hanging in the garage of their home. He was Accidental ingestion of objects or food can cause chok-
convicted of her murder and lost his first appeal. ing with internal obstruction of the upper air passages
His case was referred to the Court of Appeal by the by an object or substance impacted in the pharynx or
Criminal Cases Review Commission. The case for the larynx below the epiglottis. This is referred to as bolus
Crown was that Mr. Gilfoyle had murdered his wife obstruction. Choking is, most commonly, acciden-
and ‘staged’ the scene to simulate suicide. A steplad- tal and common causes include misplaced dentures
der was next to the body; one foot was resting on the in adults and inhaled objects such as small toys, and
bottom rung of the ladder. No suspicion was aroused marbles in children. In medical practice there are risks
initially, and the body was cut down without photo- associated with individuals who are sedated or anaes-
graphs being taken. At autopsy, a single ligature mark thetised, when objects such as extracted teeth or blood
was present and two small scratches immediately from dental or ear, nose and throat (ENT) operations
above it. may occlude the airway without provoking the normal
A disputed ‘suicide letter’ had been found. protective reflex of coughing. In the law-enforcement
Defence pathologists giving evidence at the sec- setting, deaths may occur when individuals attempt to
ond appeal indicated that there was nothing in the swallow wraps or packages of illicit drugs. Obstruction
pathology that was inconsistent with suicide – it was commonly leads to respiratory distress with congestion
neutral – and the Crown admitted that the patho- and cyanosis of the head and face.
logical evidence could not prove murder. The pros-
ecution evidence, however, suggested that it would Café coronary
have been impossible for her to have physically tied
the rope to the beam from which she was found Café coronary is a term used to describe complete and
hanging and other circumstantial evidence raised abrupt upper airway obstruction by a bolus of food, often
suspicion of Mr. Gilfoyle’s involvement in the death. meat, which occludes the oesophagus and larynx. It is so
The original verdict was considered safe, and the named as the sudden onset of symptoms simulates acute
2000 appeal dismissed. myocardial infarction. If food enters the larynx during
In 2010, Mr. Gilfoyle’s solicitor gained access to swallowing, it usually causes gross choking symptoms
unused exhibits and found diaries of the deceased of coughing, distress and cyanosis, which can be fatal
indicating attempts at suicide. He was released from unless the obstruction is cleared by coughing or some
prison on licence in 2010, but the CCRC declined to rapid treatment is offered. However, if the piece of food
refer his case to the Court of Appeal. is large enough to occlude the larynx completely, it will
prevent not only breathing but also speech and coughing.
The individual may die silently and quickly, the cause of
death remaining hidden until the autopsy (Figure 11.14).
• Evidence of previous similar activity in the past.
• No apparent suicidal intent.
• Unusual props including ligatures, clothing, and Suffocation and smothering
pornography. Suffocation is a term usually used to describe a fatal
• Failure of a device or set-up integral to the activity reduction of the concentration of oxygen in the respired
causing death, or their judgement. atmosphere, and often incorporates smothering. A
reduction in atmospheric oxygen can occur, for exam-
Death often results from the application of pres- ple, in a decompressed aircraft cabin, or in a grain silo.
sure to the neck, and as with other ligature-related Mechanical obstruction of the upper airways can lead
deaths, the presence of classic asphyxial signs is vari- to suffocation, as is seen when plastic bags are acciden-
able. The presence of gags or other means of occluding tally, h
­ omicidally, or suicidally placed over the head
the airways may lead to a death more akin to upper (Figure 11.15). Post mortem examination in such cases
airway occlusion than pressure to the neck, and the rarely reveals any of the classic asphyxial signs.
addition of an asphyxiant substance (such as nitrous Similarly, smothering, the physical occlusion of the
oxide gas) within coverings over the head may lead nose and mouth, may leave no asphyxial signs in sur-
to suffocation. The presence of injuries suggestive of vivors or the deceased. If the individuals are unable to
assault must be looked for carefully, and the possibil- struggle, owing to extremes of age or intoxication, for
ity of third-party involvement must always be consid- example, they may have no evidence of injury, including
ered in such cases. around the mouth or nose. Occasionally, examination
Pressure to the chest or abdomen 173

Pressure to the chest or abdomen


Compressional and positional asphyxia
Pressure on the trunk (chest and/or abdomen) can
result in an inability to breathe effectively and result in
death. Workmen trapped in collapsed earth trenches,
or buried in grain silos, for example, can find that they
are unable to expand their chests, leading to marked
‘asphyxial signs’ (Figure 11.16). Similarly, individuals
trapped under heavy machinery experience an inabil-
ity to breathe effectively. Sometimes, individuals are
crushed by the weight of many other people fleeing
danger, such as during a fire in a sports stadium, or
compressed against walls and fences whilst still stand-
ing. These examples of ‘compression asphyxia’ are
commonly referred to as traumatic or crush asphyxia
(Box 11.6).
A less dramatic presentation of asphyxial signs is
commonly seen in individuals who find themselves
in such an awkward body position that they too are
unable to breathe effectively. They may, for example,
attempt to squeeze through small gaps in railings, or
small open windows, and become wedged preventing
Figure 11.14 Impaction of food in the larynx – a café expansion of the chest (Figure 11.17). Others may find
coronary. themselves hanging head first over the side of a bed,
with their head flexed into their chest, restricting air
will reveal intraoral injury (including bruising, abrasion
or laceration to the lips and inside the mouth or bruising
of the gums in an edentulous individual) and soft tissue
(a)
dissection of the face may reveal subcutaneous bruising
around the mouth and nose. As with manual strangling,
smothering may be very difficult to diagnose at post mor-
tem examination.
Retention of items/objects alleged to have been used
to smother individuals that survive, for example, may
have evidential value. Saliva, for example, may be iden-
tified on a pillow used in an attack and DNA matching
may corroborate the account given.

(b)

Figure 11.16 Traumatic asphyxiation in the workplace: (a)


Figure 11.15 Suicidal plastic bag asphyxia. Suffocation by there is gross congestion of the head and face, with pete-
plastic bag often leaves no autopsy asphyxial signs, and chiae following burial, up to the axillae, in an avalanche
removal of the bag by another individual prior to autopsy of iron ore, and (b) gross conjunctival haemorrhages
would cause significant interpretation problems. following chest compression by ash.
174 Pressure to the neck and asphyxia deaths

Box 11.6 Traumatic (‘crush’) asphyxia


The Bethnal Green Tube Disaster The Hillsborough Stadium Disaster
During World War Two, the East End of London was a On 15th April 1989, Liverpool and Nottingham Forest
frequent target for aircraft bombing raids, and civilians football teams played the semi-final of the Football
sought shelter in deep-level underground train sta- Association Cup (FA Cup) in Hillsborough Stadium,
tions like that at Bethnal Green. Sheffield.
Warning sirens sounded during the night-time on Six minutes into the match, it was stopped because
3rd March 1943, and a large crowd of people started it became apparent that fans were being crushed in
to make their way down a dimly-lit dark staircase at one of the stands, and were being pulled onto the
the station entrance. Panic set in when a nearby anti- pitch. Ninety-six men, women and children died (one
aircraft battery fired, and a man tripped over a woman dying two days later and one dying four years later).
who fell holding a small child. One hundred and sev- ‘Traumatic asphyxia’ or ‘crush asphyxia’ was causal in
enty-three men, women and children died, and autop- 94 of the deaths. The time of death in these cases was
sies of the bodies of four individuals, representing the the subject of controversy, as was the management of
age groups of the victims, were performed. the access to the ground by fans. Verdicts of accidental
Whilst the cause of death in each was attributed to death were given at the conclusion of the first inquest
‘asphyxia due to suffocation by compression’, three of in 1991, but this verdict was quashed in 2012 and a sec-
the four ‘showed changes quite out of keeping with ond inquest was opened into the deaths in March 2014.
prolonged asphyxia’, such that the pathologist, Keith On 26th April 2016, the jury in that inquest concluded
Simpson, thought that ‘death could have occurred very that all 96 people had been unlawfully killed.
quickly, perhaps within 30 seconds of being crushed’.

entry. Others (e.g., in law-enforcement settings) may


be restrained in positions that prevent them from
breathing adequately. Such scenarios are referred to
as positional or postural asphyxia, and those involved
are usually unable to extricate themselves from the
position in which they find themselves because of
impaired cognition or consciousness as a result of
intoxication, or those restraining them misinterpret
their struggle to breathe as resistance. Controversy
exists in the forensic community regarding the poten-
tial role of restraint techniques by police, in particu-
lar, where arms are being secured behind the back and
the subject is being placed in a face-down position.
Deaths in such a scenario rarely involve restraint in
isolation but occur on a background of intense exer-
tion, substance misuse and mental health problems;
it is likely that such deaths represent the culmina-
tion of a number of adverse physiological factors, and
determining cause of death is often complex and chal-
lenging. For some cases, the relevant contribution of
position vs other factors is impossible to determine.
Nevertheless, restraint techniques used by police/
security forces and others must minimise the risk of
positional asphyxia.
Individuals with impaired neurological function
owing to neurological disease may also succumb to
Figure 11.17 This male slipped through some attic stairs positional asphyxia, for example, by attempting to
and became wedged and unable to breathe. Note the post get out of a hospital bed with cot sides, and becoming
mortem-dependent hypostasis visible on the exposed trapped between the bed and a wall. Diagnostic criteria
lower torso. for positional asphyxia can be seen in Box 11.7.
Bibliography and information sources 175

Box 11.7 Criteria for diagnosing ­positional asphyxia


1. The deceased is discovered in a position that pre- 4. There is no evidence of internal obstruction of the
vents adequate breathing/respiration (including airways e.g., by aspirated food or a poorly chewed
confined positions, flexion of the head on the impacting food bolus.
chest, partial or complete external airway com- 5. There is no evidence of carbon monoxide toxicity
pression, and neck compression). or any other suffocating gas inhalation.
2. An examination of the scene, and a review of the 6. There is no evidence of significant natural disease
circumstances suggest that the deceased placed which could, on its own, provide an explanation
her/himself in that position, and that there is no for death.
evidence of the involvement of another individual.
3. The deceased could not remove her/himself from Source: Modified criteria described by Bell MD, Rao VJ, Wetli
CV, Rodriguez RN. Positional asphyxiation in adults: a
the position in which they were found (due to, for
series of 30 cases from the Dade and Broward County
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12 Heat, cold and ­electrical
trauma
▪▪ Introduction ▪▪ Electrical injury
▪▪ Injury caused by heat ▪▪ Bibliography and information sources
▪▪ Cold injury (hypothermia) ▪▪ Further general resources

Introduction Severity of burn


Heat, cold and electricity are examples of some the Several systems of classification of burn severity exist,
physical agents that can cause non-kinetic injuries to which can sometimes lead to confusion as there may be
the body. some overlap of terms (Figure 12.1). Perhaps the most
widely used historically is:
Injury caused by heat • First degree – erythema and blistering (vesicula-
Burns are caused by the transfer of energy from a physi- tion).
cal (e.g., hot water, an iron) or chemical (e.g., bleach or • Second degree – burning of the full-thickness of
acid) source into living tissues that causes disruption of the epidermis and exposure of the dermis.
their normal metabolic processes and commonly leads • Third degree – destruction down to subdermal tis-
to irreversible changes that end in tissue death. Burns sues, sometimes with carbonisation and exposure
may be superficial or cause deep charring of ­tissue of muscle and bone.
including muscle and bone. The skin can tolerate a high
surface temperature as it is able to dissipate heat rap- Some classifications extend this classification to 4th,
idly. If the rate of absorption of heat exceeds dissipation 5th and 6th degree burns which simply reflect more
rate then burn injury will occur when the temperature extensive tissue damage.
rises high enough to disrupt cellular processes. Little In recent years another classification has been used
local cellular damage occurs with a surface skin tem- to reflect potential treatment options and this describes
perature below 44°C unless exposed for >6 minutes. three main categories of burn, full thickness (destroying
Skin surfaces exposed to temperatures in the range the full thickness of skin) and partial thickness which
44°C–51°C can suffer increased damage with limited divide into superficial and deep (see Box 12.1).
exposure time, the rate of cellular destruction doubling
with each degree rise in temperature. The epidermis is Extent of burn
rapidly destroyed above 51°C and full-thickness skin
The size of the area of burning may be more important
destruction above 70°C. The degree of damage is there-
in the assessment of the dangers of the burn than the
fore related to temperature and how long the heat source
depth. Mapping the area of skin burned on body charts
is applied to the skin.
may be helpful, although body surface area affected by
The heat source may be dry or wet; where the heat is
burns may be conveniently expressed as a percentage
dry, the resultant injury is called a ‘burn’, whereas with
of the total body surface area (TBSA) using the ‘Rule of
moist heat from hot water, steam and other hot liquids it
Nines’. The Rule of Nines (also known as the Wallace
is generally known as ‘scalding’. Certain settings, such
Rule of Nines) is a tool used to assess the TBSA involved
as war zones or terrorist attacks result in particular types
in burn patients, which is essential in estimating fluid
of thermal injury, from improvised explosive devices,
resuscitation requirements and aids the clinician in
which may be associated with all other features of blast
rapidly assessing the severity of burns and intravenous
injury, posing particular management problems.
fluid needs. Alterations to the Rule of Nines may be made
based on body mass index (BMI) and age. The Rule of
Burns Nines estimation of body surface area burned is based on
Dry burns may be conveniently classified by their sever- assigning percentages to different body areas. The entire
ity (degree of burn injury and depth of tissue burned) head is estimated as 9% (4.5% for anterior and posterior).
and extent (burn area). The entire trunk is estimated at 36% and can be further
178 Heat, cold and e
­ lectrical trauma

are estimated at 36%, 18% for each limb. An alternative


is the Lund and Browder Chart published in 1944, cre-
ated by Dr. Charles Lund, Senior Surgeon at Boston City
Hospital, and Dr. Newton Browder. Both these and other
estimates may overestimate the TBSA and apps have
been created to ensure a more accurate assessment to
refine resuscitation measures (Figure 12.2a and b).
Factors influencing mortality risk include burn area,
increasing age and the presence of inhalation airway
injury; the presence of multiple risk factors substantially
increases the risk of death from burns. There is consid-
erable individual variation and the speed and extent of
emergency treatment will play a significant part in the
morbidity and mortality from burns. Improved thera-
pies in recent years mean that there are improved mor-
tality figures for those even with >75% TBSA. In dry
burns, any clothing can offer some protection against
heat, unless it ignites. Scars or burns from such injury
may reflect the pattern or style of clothing worn at the
time of burn (Figure 12.3).

Scalds
The general features of scalds are similar to those of
burns, with erythema and blistering, but charring
of the skin is only found when the liquid applied is
extremely hot, for example, with molten metal. The
Figure 12.1 The extensiveness of burns on a body recov-
pattern of scalding will depend upon the way in which
ered from a fire may be varied. This individual had sec-
the body has been exposed to the fluid: immersion
ond and third degree burns after dousing himself with
into hot liquid results in an upper ‘fluid level’, whereas
petrol before setting himself on fire ­(self-immolation).
poured, splashed or scattered droplets of liquid result
Note the molten and singed hair, carboxyhaemoglobin
in scattered punctate areas of scalding. Runs or streams
levels may be low in rapid flash petrol fires leading to dif-
of hot fluid will leave characteristic areas of scalding.
ficulties in assessing vitality at the time of the fire.
These will generally flow under the influence of grav-
ity and this can provide a marker to the orientation or
broken down into 18% for anterior components and 18% position of the victim at the time the fluid was moving
for the back. The anterior aspect of the trunk can further (Figure 12.4). This may be useful for corroboration when
be divided into chest (9%) and abdomen (9%). The upper two different accounts of how the injury was sustained
extremities total 18% and thus 9% for each upper extrem- are given.
ity. Each upper extremity can further be divided into If only small quantities of hot liquid hit the skin,
anterior (4.5%) and posterior (4.5%). The lower extremities cooling will be rapid, which will reduce the amount of

Box 12.1 A practical classification of burns related to extent of tissue damage


Very superficial burns, for example, those caused by are damaged and the burn is very painful. New
sunburn, may simply cause reddening with mild epithelium grows quickly and the burn heals in
blistering that may occur after 12–18 hours. After 10–14 days with little or no scarring.
5–10 days the damaged layers of cells peel off Deep partial-thickness burns are often less painful as
without residual scarring. nerve endings are destroyed and scarring is likely
Partial-thickness burns destroy the whole of the epi- to be marked if the wound is allowed to heal spon-
dermis and possibly part of the next cellular layer: taneously without skin grafting.
the dermis. Full-thickness burns destroy all skin elements and may
Superficial partial-thickness burns result in fluid pro- require substantial reconstructive surgery because
duction which lifts off the dead epidermis forming of the potential for incapacitating scarring.
blisters and subsequently scabs. Sensory nerves
Injury caused by heat 179

(a) (b) Lund and Browder Chart

9% xxxx
A A Simple erythema

1
1
Partial thickness loss
Front 18% (PTL)
13 13 Full thickness loss
Back 18% (FTL)
2 2 2 2

%
1½ 1½ 1½ 1½
Region PTL FTL
9% 9% Head
1 2½ 2½
1½ 1½ 1½ 1½
Neck
B B B B Ant. trunk
Post. trunk
1% Right arm
Left arm
C
Buttocks
C C C
18% 18% Genitalia
Right leg
1¾ 1¾
Left leg
1¾ 1¾
Total burn

Relative percentage of body surface area


affected by growth
Area Age 0 1 5 10 15 Adult
A – ½ of head 9½ 8½ 6½ 5½ 4½ 3½
B – ½ of one thigh 2¼ 3¼ 4 4½ 4¼
C – ½ of one leg 2½ 2½ 2¼ 3 3¼ 3½

Figure 12.2 (a) The ‘Rule of Nines’. (b) Lund and Browder Burns Chart.

damage done to the skin. However, if clothing is soaked in toddlers who pull kettles and saucepans down upon
by hot fluid, the underlying skin may be badly affected, themselves by grabbing the handle of the vessel.
as the fabric will retain the hot liquid against the skin Scalds are also seen in child physical abuse and are
surface. Scalding is seen typically in industrial settings the most common intentional thermal injury in chil-
where steam pipes or boilers burst. It may also be seen dren. In a systematic review of the medical literature,
several characteristics of the history and burn injury
were associated with a significantly higher perceived
likelihood of abuse, including children with reported
inflicted injury, absent or inadequate explanation,
hot water as agent, immersion scald, a bilateral/sym-
metric burn pattern, TBSA ≥10%, full thickness burns,
and concurrent injuries. Accidental scalds (e.g., from
hot beverages/liquids being pulled off a cooker) are
predominantly spill injuries from flowing liquid, char-
acterised by scalds with irregular margins and burn

Figure 12.3 Dark areas represent burn from


water, pale areas spared by clothing. Figure 12.4 Pattern of scalding from running water
(Courtesy of Richard Jones.) poured over head and back.
180 Heat, cold and e
­ lectrical trauma

(a) Pathophysiological consequences


of thermal injury
Tissue exposed to burn or scald trauma elicits an acute
inflammatory response, leading to increased capillary
permeability at the injured site; tissue fluid loss associ-
ated with thermal injury can be severe enough to cause
dehydration, electrolyte disturbance and hypovolaemic
shock and, if the burn area exceeds 20% of the TBSA, the
release of systemic inflammatory mediators which may
lead to acute lung injury and multiple organ dysfunc-
(b) tion/failure. Burned skin provides no protection against
infection, increasing the risk of sepsis in survivors.

Exposure to heat/hyperthermia
Hyperthermia, a condition where the core body tem-
perature is greater than 40°C (100°F), occurs when heat
is no longer effectively dissipated, leading to exces-
sive heat retention. Its development may be associated
with those who have taken prescribed drugs including
some anti-psychotics and those who have taken illicit
stimulants including cocaine and amphetamine and
some novel psychoactive substances. These appear to
elevate metabolic rate/heat production or reduce sweat-
ing. It may also occur in those with medical conditions
(e.g., hyperthyroidism), or in those who are resisting
restraint. It may occur in those exposed to high ambi-
ent temperatures (heat stroke) and has a high risk of
mortality or morbidity, which can occur in the young
and fit (exertional heat stroke) as well as the elderly and
(c)
infirm (non-exertional heat stroke). Other examples
may include children trapped in hot cars. Exertional
heat illness is recognised within military training pro-
grammes. Autopsy findings in such cases are non-spe-
cific but can include diffuse petechial haemorrhages of
serosal membranes and lung congestion as well as fea-
tures in keeping with ‘shock’ and multiple organ failure
in those who survive for a short period, if resuscitative
measures are ineffective.

Pathological investigation of bodies


Figure 12.5 (a) Pattern of scalding from forced recovered from fires
­immersion in a hot bath. Note the clear demarcation
When a fire results in a fatality, there must be a low
between scalded and uninjured skin representing the
threshold for treating the death with caution, in view of
fluid level of the bath. (b) Sparing of skin on the but-
the potential for there to have been an attempt made to
tocks reflects firm contact between those parts and the
conceal a homicide. The need for safety of investigators
base of the bath. (c) Scarring on a 4-year-old placed in a
after events such as gas explosions, is a very important
scalding bath.
consideration in the examination of fire scenes.
The fire scene must be examined by specialist inves-
depth, and lacking a ‘glove and stocking’ distribution. tigators with expertise in the interpretation of the causes
Intentional scalds are predominantly those caused by and identification of the point of origin or seat of the
forced immersion in hot water, giving rise to symmetri- fire. They will have expertise in the use of accelerants,
cal glove and stocking injuries to the limbs, sparing skin such as petrol (see Box 12.2). Attendance at the scene
folds (and buttocks in those forced to sit in hot water), by a pathologist is important and assists subsequent
which are of uniform depth (Figure 12.5). interpretation of post mortem findings (Figures 12.6
Injury caused by heat 181

Box 12.2 Fire scene investigation


Fires are investigated by a wide range of professionals An understanding of these fundamental mecha-
with a range of objectives, including the identification nisms is essential to correctly identify the origin of the
of any ‘defect, act or omission’ that led to the fire, in fire and not be misled by false indications. For example,
order to inform fire protection and prevention methods, a fire in a typical domestic lounge will spread across the
the detection of a criminal act (arson), or to establish lia- ceiling and may ignite the tops of the curtains. If these
bility for the purposes of an insurance policy. Two prin- then fall to the floor, the casual observer might mistak-
cipal factors will be considered during the investigation: enly infer a second seat of fire.
what/where was the origin (seat) of the fire, and how did Although a fire may damage or destroy items of
it start? If the seat of the fire can be identified with preci- interest this is not inevitably the case. It may be pos-
sion, the list of potential causes can be narrowed down. sible, by careful observation and the use of excavating
All fires require a combination of oxygen, fuel and and reconstruction techniques, to determine the cause
heat. Oxygen is normally freely available in air and fuel of a fire despite severe damage.
is provided by almost any material given the right con- Several complementary methods are used to deter-
ditions. The heat, initially, is provided by a source of mine the origin of the fire. As a general rule, fires will
ignition, such as from a lit match, cigarette or heating tend to spread upwards and outwards. A good place to
appliance. Thereafter, the fire provides its own source of start, therefore, is by finding the lowest area of severe
heat in a chain reaction. damage. Heat and flames are quite directional and
Once ignited, a fire spreads through a number of will leave patterns of charring in some places and pro-
mechanisms. These include radiation (or direct flame tected areas in others. All of these will assist in deter-
impingement), convection (the movement of hot air mining the origin of the fire.
currents) and conduction (the transfer of heat energy The area of origin can be determined by scorch or
through a material). Two types of fire are recognised: char patterns, comparing the relative damage of simi-
smouldering combustion and flaming combustion. lar items, the distortion or melting of metals and other
Typical examples of smouldering combustion include heat- and time-related observations. It may sometimes
a lit cigarette or a barbeque; a garden bonfire would be be necessary to determine the cause, or probable
described as an example of flaming combustion. cause, by a process of elimination.
Smouldering is a form of flameless combustion. Exposed surfaces can become charred during a fire
Certain materials are prone to this when ignited. These or smoke may be deposited. Other surfaces may be
are principally natural materials that produce a rigid protected from the effects of heat and smoke leaving
char on combustion, such as ­cotton and cellulose-based ‘cleaner’, less damaged areas. These ‘protected’ areas
materials (e.g., wood). Smouldering combustion can also enable the investigator to reconstruct items and estab-
be produced when the oxygen levels are reduced during lish their position and condition at the time of the fire.
burning, such as in a sealed room. Smouldering fires can, Having established, with reasonable accuracy, the
however, transform into flaming fires and vice versa. The origin of the fire, it is then necessary to consider the
rate of smouldering will vary depending on the nature of potential causes. The presence of electrical or heating
the materials involved. Due to the nature of smouldering items needs to be established and may require further
fires, they can produce intense but quite localised burn- laboratory examination and testing for appliance mal-
ing patterns. This assists in distinguishing the burning function or misuse. Consideration would also be given
patterns produced by flaming and smouldering fires. to the possible involvement of a discarded lit cigarette
Smouldering fires spread by direct contact and or a naked flame, such as from a match, lighter or can-
hence result in severe yet localised damage. In con- dle. The presence of a severe, yet localised pattern of
trast, flaming fires spread by a variety of mechanisms damage may be indicative of a smouldering fire, such
including direct flame impingement, radiation and con- as initiated by a lit cigarette.
vection. Flames and radiated heat can therefore ignite There are some typical indications of a deliberate
materials such as paper several feet away from the origi- fire, such as multiple points of ignition, the use of a
nal fire. Hot gases rise from the flaming fire to ceiling flammable liquid, a modified fuel load (e.g., the arm-
height and then spread throughout a room or rooms. chairs stacked on top of the sofa!) the presence of an
This layer of hot air and gases can reach temperatures of incendiary device or timing mechanism. A deliberate
several hundred degrees centigrade. The heat from this act may also be inferred by indirect forensic evidence.
layer radiates down from the ceiling and can ignite items The presence of a broken window at a point of entry,
well away from the original fire. By this mechanism, light footwear or tool marks, a drop of blood or snagged
shades and the tops of curtains can be ignited. fibres could all indicate a suspicious event.
182 Heat, cold and e
­ lectrical trauma

The pathological investigation of bodies recovered


from fires should attempt to:
• Confirm the identity of the deceased.
• Determine whether the deceased was alive at
some time during the fire (or was dead before it
started).
• Determine why the deceased was in the fire (and
why they could not get out of it).
• Determine the cause of death.
• Determine (or give an opinion as to) the manner
of death.
Visual identification from facial features may be pos-
sible if there has been limited fire damage to the body,
but heat damage can cause major distortion of such fea-
tures even in the absence of direct burns.
Personal effects may assist identification, as will
unique medical features and factors such as the pres-
ence of scars and tattoos, but where there is severe
Figure 12.6 Charred body at the scene of a fire showing charring of the body more robust means of identifica-
the ‘pugilist attitude’ and post mortem skin splits on the tion must be relied on such as dental examination and
chest. Extreme care must be taken to preserve the teeth in comparison of the dentition with available ante mortem
such cases, in order to assist identification of the deceased. records or DNA analysis.
(Reproduced with permission from Saukko P and Knight B. Post mortem radiography should usually be per-
Knight’s Pathology 4E, London, CRC Press, 2016.) formed before dissection, with particular emphasis on
radiographs to assist identification (e.g., dentition, sur-
and 12.7). The site of the deceased when discovered is gical prostheses), to identify fractures (including heal-
important because sometimes, when flames or smoke ing fractures with callus) and to exclude projectiles such
are advancing, the victim will retreat into a corner, as bullets and shrapnel (Figure 12.8).
a cupboard or other hiding place, or they may simply Determining whether a person was alive during the
move to a place furthest away from the fire or to a door- fire at post mortem examination may be possible by
way or window, all of which may indicate that the vic- the finding of soot in the airways, oesophagus and/
tim was probably still alive and capable of movement for or stomach; the implication being that active respira-
some time after the start of the fire. tion was required to inhale the soot. The presence of
soot below the level of the vocal cords, often accom-
panied by thermal injury of the epithelial lining of the
airways, is particularly useful, and may be confirmed

Figure 12.7 The finding of a body or apparent human


remains in a burnt-out car always requires full investiga-
tion which may involve pathologists, anthropologists,
scientists and specialists including odontologists and Figure 12.8 Radiography of charred remains is
police. Carboxyhaemoglobin levels may be low in rapid always recommended. The X-ray of remains shown
flash petrol fires leading to difficulties in assessing vitality here i­dentifies part of a disposable lighter.
at the time of the fire. (Courtesy of Richard Jones.) (Courtesy of Richard Jones.)
Injury caused by heat 183

under the microscope (Figures 12.9–12.11). Blood


samples can be taken for a rapid assessment of car-
boxyhaemoglobin levels, as a convenient marker of
the inhalation of the combustion products of fire, that
is, the inhalation of carbon monoxide, a product of
incomplete combustion.
While carboxyhaemoglobin levels are commonly
elevated in fire deaths (a level of >50% often being con-
sidered reliable evidence of death having occurred as a
consequence of breathing in the combustion products
of fire), lower levels do not necessarily mean that the Figure 12.10 Soot staining can be seen in the oesopha-
deceased was not alive at some time during the fire. In gus in this body recovered from a house fire. Such stain-
some circumstances, such as flash-over fires and petrol ing indicates that the deceased was alive – and able to
conflagrations in vehicles, for example, it is not uncom- swallow – at the time of the fire.
mon to find low post mortem carboxyhaemoglobin lev-
els. Other factors may raise carboxyhaemoglobin levels.
Cigarette smokers, for example, may ‘tolerate’ an elevated
background carboxyhaemoglobin saturation level which
although <5% in the majority of smokers may be as high
as 20% in heavy cigar smokers, whereas individuals with
chronic heart and/or lung disease may not tolerate even
very low levels before succumbing in a fire (Box 12.3).

(a)

Figure 12.11 Thermal injury to the back of the throat


provides evidence of the inhalation of hot gases ­during
a fire, and provides a useful sign of vitality at the time
of a fire.

Box 12.3 Examples of reasons for


­failure to escape from a fire
(b) • Deceased was already dead before the start of
the fire.
• Deceased was intoxicated (alcohol and/or
drugs).
• Deceased was elderly and/or disabled.
• Deceased was immobile.
• Deceased was rapidly overcome by fumes/
smoke because of ‘poor physiological reserve’
(e.g., ischaemic heart disease or chronic obstruc-
tive airways disease).
• Deceased had insufficient time to escape the
fire owing to the nature of the fire itself (an
explosion or ‘flash fire’).
• There was panic/confusion.
Figure 12.9 Pathological evidence of vitality at the • Escape routes were obstructed (deliberately or
time of the fire. Soot staining following inhalation of accidentally).
the combustion products of fire is clearly visible to the • Deceased was in an unfamiliar environment (and
‘naked eye’ in this trachea (a), and such a finding can be did not know where the escape route was).
confirmed under the microscope (b).
184 Heat, cold and e
­ lectrical trauma

Deaths occurring during a fire


Most bodies recovered from fires with burns will not
have died from the direct effect of burns, but from
exposure to the many products of combustion (smoke,
carbon monoxide, cyanide and a cocktail of toxic com-
bustion by-products) and/or the inhalation of hot air/
gases (Box 12.4).
For those who survive the initial burn trauma and
exposure to products of combustion, death may occur
because of the large variety of potential complications
of thermal injury such as hypovolaemic shock follow-
ing fluid loss, overwhelming infection, the inhalation Figure 12.12 ‘Pugilistic positioning’ post mortem caused
of combustion products (causing acute lung injury and by heat having more effect on flexor muscles than
respiratory failure), renal failure or bleeding diatheses. ­extensors.
While the determination of ‘manner of death’ usu-
ally rests with the appropriate medicolegal authority,
an opinion from the forensic pathologist is frequently Careful consideration of all apparently traumatic
sought. The interpretation of injury in bodies recovered lesions must be made in order to determine the true
from fire is complicated by artefacts related to exposure nature of such post mortem lesions; the lack of naked
to fire: eye or microscopic evidence of vitality (such as ery-
thema, blistering, tissue swelling, bruising or an acute
• The so-called ‘pugilist attitude’ of the body reflects inflammatory reaction) will frequently distinguish
differential heat-related contraction of muscle, artefact from trauma inflicted before death, unless they
leading to flexion of the forearms, hands and were inflicted at, or around, the time of death. In cases
thighs (Figure 12.12). where there is doubt, an evaluation of the overall pat-
• Post mortem splitting of fragile burnt skin (Figure tern and distribution of such lesions may assist in the
12.13). interpretation of artefact versus ante mortem trauma.
• Fire- and heat-related fractures. The manner of death may be homicide (following
• Heat-related ‘extradural haemorrhage’, caused arson or where death was caused by violence before the
when severe heat has been applied to the scalp, fire being set), accident (e.g., an intoxicated individual
resulting in expansion of the blood in the skull
diploë and the intracranial venous sinuses, which
rupture, resulting in the formation of a collection
of brown and spongy blood outside the meninges
(Figure 12.14).
These artefacts may cause concern to non-forensic
professionals attending the scene, and may be misin-
terpreted as signs of ante mortem violence.

Box 12.4 Examples of mechanisms


of death in fires
• Interference with respiration (owing to a reduc-
tion in environmental oxygen and/or the pro-
duction of carbon monoxide and other toxic
substances).
• Inhalation heat injury leading to laryngospasm,
bronchospasm and so-called ‘vagal inhibition’
and cardiac arrest.
• Exposure to extreme heat and shock. Figure 12.13 Post mortem artefactual skin splitting is
• Trauma. seen on the left-hand side of the face and scalp. No
• Exacerbation of pre-existing natural disease or haemorrhage is apparent in these splits and care must
burns. be taken not to interpret these inappropriately as ante
mortem injuries.
Cold injury (hypothermia) 185

other physiological processes will attempt to prevent


any further heat loss. These processes include shivering
(which keeps the major organs at normal temperature),
restricting blood flow to the skin and releasing hor-
mones to generate heat. After prolonged exposure to the
cold, these responses are not enough to maintain body
temperature. At this point, shivering stops and heart
rate decreases. This can happen quickly. Alcohol con-
sumption enhances hypothermia as it causes peripheral
vascular dilatation and increased heat radiation. Wind
and rainfall exacerbate the drop in body temperature.
The body may rapidly lose temperature when immersed
in cold water, as water has a cooling effect that is 20–30
times that of dry air. Hypothermia may confer a protec-
tive effect on survival following cold water immersion,
Figure 12.14 Post mortem fire-related skull fractures in but survival may be accompanied by severe hypoxic
a severely charred body. There is a reddish-brown heat brain injury.
haematoma/extradural haemorrhage on the inner sur- In some patients, there may be an underlying medi-
face of the carbonised cranial vault. cal cause (such as thyroid or pituitary dysfunction), or it
may be associated with immobile or demented patients
attempting to cook, or from a discarded cigarette) or, or conditions such as pneumonia. Hypothermia is char-
rarely, suicide (self-immolation). acterised by depression of the cardiovascular and ner-
vous systems, the latter causing cognitive impairment.
Generally, the elderly, children and trauma patients
Cold injury (hypothermia) are susceptible to hypothermia. Hypothermia can be
Cold injury (hypothermia) has both clinical and foren- classified into mild (core temperature 32°C–35°C com-
sic aspects; death from hypothermia occurs even in pared with a normal of 37.5°C), moderate (30°C–32°C),
temperate climates in winter. In marine disasters or or severe (<30°C). Below a core temperature of 32°C,
water immersion, hypothermia may be as common a shivering ceases and thus this extra muscle activity
cause of death as drowning. In cold seas and oceans, will no longer generate heat, worsening the situation.
and lakes in high latitudes, death from immersion may Unconsciousness may occur between core tempera-
occur within a few minutes from sheer heat loss and tures of 27°C and 30°C, while ventricular fibrillation and
before true drowning can occur. apnoea occur at core temperatures below 27°C. Those
Deaths from exposure occur through heat loss from who may be prone to developing hypothermia are those
a mixture of radiation, convection, conduction, respi- in extreme weather conditions (e.g., climbers, walkers,
ration and evaporation. Environmental temperatures skiers, sailors), homeless people who are unable to find
below 10°C are probably sufficient to cause harmful shelter, heavy drug and/or alcohol users (collapsing in
hypothermia in vulnerable individuals. the open) and those who have been immersed in cold
Hypothermia occurs when a person’s normal body water. Those who have been subject to severe trauma
core temperature of around 37°C (98.6°F) drops below (e.g., trapped in a motor vehicle requiring extrica-
35°C (95°F). Core temperature is best measured by an tion) are prone to hypothermia whilst they are being
oesophageal probe. If core temperature cannot be mea- ­recovered.
sured, the degree should be estimated using clinical signs. Hypothermia is usually diagnosed on the basis of
Treatment is to protect from further heat loss, minimise typical symptoms and environment, and can be divided
afterdrop – the continued fall of deep body temperatures into mild, moderate and severe cases (Box 12.5). When
during rewarming – and prevent cardiovascular collapse unconscious, a person’s pulse may be difficult to iden-
during rescue and resuscitation. It is usually caused by tify or locate and they may not appear to be breathing.
being in a cold environment, and can be triggered by a Treatment of severe hypothermia may not be success-
combination of factors, including prolonged exposure to ful. The key to treatment is a controlled rewarming that
cold (such as staying outdoors in cold conditions or in a must be under medical supervision with full resuscita-
poorly heated room for a long time), inadequate cloth- tion facilities, and may require other therapeutic inter-
ing, rain, wind, sweat, low BMI, inactivity or being in cold ventions such as dialysis.
water. It is important to remember that the weather does not
If a body gets cold, the normal response is to warm up have to be unusually cold for hypothermia to develop
by becoming more active, putting on more clothing lay- and, even in moderately cold winter weather, many
ers or moving indoors. If exposure to the cold continues, elderly individuals will become hypothermic.
186 Heat, cold and e
­ lectrical trauma

Box 12.5 Features of mild, moderate and severe hypothermia


Mild cases • Drowsiness
• Shivering • Slurred speech
• Feeling cold • Apathy
• Lethargy • Slow, shallow breathing
• Cold, pale skin • Weak pulse
Moderate cases Severe cases
• Violent, uncontrollable shivering • Loss of control of hands, feet and limbs
• Cognitive impairment • Uncontrollable shivering that suddenly stops
• Confusion • Unconsciousness
• Loss of judgement and reasoning • Shallow or no breathing
• Loss of coordination, including difficulty moving • Weak, irregular or no pulse
around or stumbling • Stiff muscles
• Memory loss • Dilated pupils

Children have a high body surface-to-weight ratio necrosis following microvascular injury and thrombo-
and lose heat rapidly. In some cases of deliberate neglect sis (Figure 12.17).
or careless family circumstances, infants may be left in Hypothermia may cause behavioural abnormali-
unheated rooms in winter and suffer hypothermia. ties that can lead to death-scene findings that appear
In an unrefrigerated body, the finding of indistinct suspicious. Paradoxical undressing is a phenomenon
red or purple skin discolouration over large joints, that describes the finding of partially clothed, or naked,
such as the elbows, hips or knees (and in areas of skin individuals in a setting of lethal hypothermia. The
in which such discolouration cannot be hypostasis)
raises the possibility of hypothermia and is found in
approximately 50 per cent of presumed hypothermia (a)
deaths (Figure 12.15). The nature of such discoloura-
tion (‘frost erythema’) is not completely understood,
but may reflect capillary damage and plasma leakage;
microscopy reveals no red blood cell extravasation, dis-
tinguishing it from bruising.
Classically, haemorrhagic gastric lesions (Wisch­
newsky spots) may be seen in hypothermia deaths. It
has been hypothesised that cooling of the body in the
setting of cold ambient temperatures primarily leads
to circumscribed haemorrhages of the gastric glands
in vivo or in the agonal period. Subsequently, due to
autolysis, erythrocytes are destroyed and haemoglobin
is released. Following exposure to gastric acid, haemo- (b)
globin is hematinised, leading to the typical blackish-
brownish appearance of Wischnewsky spots seen at
gross examination (Figure 12.16). Like Tardieu spots
and asphyxia, Wischnewsky spots are not specific to
hypothermia as they are identical to those lesions seen
in some deaths following sepsis and shock, as well as in
cases of alcohol misuse.
Other gastrointestinal lesions sometimes found in
deaths caused by hypothermia include haemorrhagic
erosions and infarction in the small bowel (because of Figure 12.15 (a) Pinkish discolouration over the large
red blood cell ‘sludging’ and submucosal thrombosis), joints in fatal hypothermia. (b) When a partially-clothed
and haemorrhagic pancreatitis with fat necrosis. body is found outdoors, caution is needed in order
Cold injury to the extremities may be severe enough to exclude foul play. This scene, however, illustrates
to cause frostbite, which reflects tissue injury that hypothermia-related disrobing (‘paradoxical undressing’)
varies in severity from erythema to infarction and and the so-called ‘hide and die’ phenomenon.
Electrical injury 187

domestic circumstances. The essential factor which


causes harm is the current (electron flow) measured in
milliamperes (mA). This current is determined by the
resistance of the tissues in ohms (Ω) and the voltage of
the power supply in volts (V). According to Ohm’s Law,
to increase the current (and hence the damage), either
the resistance must fall or the voltage must increase,
or both.
Most cases of electrocution, fatal or otherwise, origi-
nate from public power supplies, which is delivered
throughout the world at either 110 V or 240 V. It is rare
for death to occur at less than 100 V. The current needed
to produce death varies according to the time during
Figure 12.16 The black lesions seen in the stomach are which it passes and the part of the body across which it
superficial haemorrhagic gastric ‘erosions’ often seen flows. Usually, the entry point is a hand that touches an
in hypothermia. These are sometimes referred to as electrical appliance or live conductor, and the exit is to
‘Wischnewski’ spots. earth (or ‘ground’), often via the other hand or the feet.
In either case, the current will cross the thorax, which is
the most dangerous area for a shock because of the risks
of cardiac arrest or respiratory paralysis.
When a live metal conductor is gripped by the hand,
pain and muscle twitching will occur if the current
reaches about 10 mA. If the current in the arm exceeds
about 30 mA, the muscles will go into spasm, which
cannot be voluntarily released because the flexor mus-
cles are stronger than the extensors: the result is for the
hand to grip or to hold on. This ‘hold-on’ effect is very
dangerous as it may allow the circuit to be maintained
for long enough to cause cardiac arrhythmia, whereas
the normal response would have been to let go so as to
stop the pain.
If the current across the chest is 50 mA or more, even
Figure 12.17 Frostbite of the knuckles. (Reproduced for only a few seconds, fatal ventricular fibrillation is
with permission from Saukko P and Knight B. Knight’s likely to occur, and alternating current (AC, common in
Pathology 4E, London, CRC Press, 2016.) domestic supplies) is much more dangerous than direct
current (DC) at precipitating cardiac arrhythmias.
The tissue resistance is important. Thick dry skin,
pathophysiology of this is uncertain but it may reflect cog-
such as the palm of the hand or sole of the foot, may
nitive dysfunction and abnormal processing of periph-
have a resistance of 1 million ohms, but when wet, this
eral cutaneous stimuli in a cold environment, leading the
may fall to a few hundred ohms and the current, given a
individual to perceive warmth and thus to shed clothing.
fixed supply voltage, will be markedly increased. This is
The phenomenon of ‘hide and die syndrome’
relevant in wet conditions such as bathrooms, exterior
describes the finding of a body that appears to be hid-
building sites or when sweating.
den, for example, under furniture or in the corner of a
The mode of death in most cases of electrocution is
room, often surrounded by disturbed furniture, clothes
ventricular fibrillation caused by the direct effects of
or other artefacts. In these cases, the individual has
the current on the myocardium and cardiac conduct-
placed themselves in the location. It is thought that this
ing system. These changes can be reversed when the
phenomenon reflects a terminal primitive ‘self-protec-
current ceases, which may explain some of the remark-
tive’ behaviour and may be more commonly observed
able recoveries following prolonged cardiac massage
where there is a slow decrease in core body temperature.
after receipt of an electric shock. The victims of such
It may be difficult to differentiate between ‘hide and die’
an arrhythmia will be pale, whereas those who die as
and deliberate concealment by another.
a result of peripheral respiratory paralysis are usually
cyanosed. Even rarer are the instances in which the
Electrical injury current has entered the head and caused primary brain-
Injury and death from the passage of an electric cur- stem paralysis, which has resulted in failure of respira-
rent through the body is common in both industrial and tion. This may occur when workers on overhead power
188 Heat, cold and e
­ lectrical trauma

supply lines or electric railway wires touch their heads


against high-tension conductors, usually 660 V.
The scene of a suspected electrical death should
be reviewed to try and identify causative agents and
ensure that no risk persists. Health and safety legisla-
tion may require that an electrical death (e.g., in the
work setting) should be fully reviewed to prevent fur-
ther electrical exposure.

The electrical lesion


Unless the circumstances are accurately known, it can
be difficult to know whether a dead victim has been
Figure 12.19 Multiple electrical marks/burns on the
in contact with electricity. When high voltages or pro-
hand, associated with scorching and blistering.
longed contact have occurred, extensive and severe
burns can be seen, but a few seconds of contact with a
faulty appliance may leave minimal signs. Where the sometimes accompanied by a hyperaemic rim. The blis-
skin is wet or where the body is immersed, as in a bath, ter may vary from a few millimetres to several centime-
there may be no signs at all, as the entrance and exit of tres. The skin often peels off the large blisters leaving
the current may be spread over such a wide area that no a red base. The other type of electrical mark is a ‘spark
focal lesion exists. burn’, where there is an air gap between metal and skin.
Usually, however, there is a discrete focal point of Here, a central nodule of fused keratin, brown or yel-
entry and, as the electrical current is concentrated at low in colour, is surrounded by the typical areola of pale
that point, enough energy can be released to cause a skin. Both types of lesion often lie adjacent to each other.
thermal lesion. The entry points may be multiple and In high-voltage burns, multiple sparks may crackle
obvious, or they may be single and very inconspicuous. onto the victim and cause large areas of damage, some-
As the most common place is on the hands, these should times called ‘crocodile skin’ because of its appearance
always be examined with particular care (Figures 12.18 (Figure 12.20).
and 12.19). Internally, there are no characteristic findings in
The focal electrical lesion is usually a blister, which fatal electrocution. Deaths from electricity, gener-
occurs when the conductor is in firm contact with the ally, do not have specific findings at the autopsy. The
skin and which usually collapses soon after inflic- diagnosis is commonly based on the circumstances of
tion, forming a raised rim with a concave centre. the death and the morphologic findings, above all the
Characteristically, the skin is pale, often white, and there current mark. The skin lesions are mainly thermal in
is an areola of pallor (owing to local vasoconstriction), nature, but opinions vary as to whether histological
appearances are specific to electricity. It has been said
that the cell nuclei line up in parallel rows because of
(a)

Pale zone
Metal Collapsed blister
with raised edge
and pale areola
240 V

(b)

Pale areola
Fused nodule
Spark of keratin
240 V
Figure 12.20 Thigh of a victim showing high-voltage
Figure 12.18 Electrical mark on the skin: collapsed blister burns. The appearance is sometimes called ‘crocodile
formation following firm contact (a) and a ‘spark burn’ skin’ and is caused by arcing of the current over a consid-
across an air gap (b). erable distance.
Bibliography and information sources 189

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purely thermal burns. Metallisation of the skin may be a
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13 Immersion and drowning

▪▪ Introduction ▪▪ The role of alcohol and drugs in drowning


▪▪ Evidence of immersion ▪▪ Other investigations in bodies recovered from water
▪▪ Post mortem artefact and immersion ▪▪ Bibliography and information sources
▪▪ Pathological diagnosis of drowning ▪▪ Further general resources
▪▪ Alternative mechanisms of death in immersion

Introduction evidence capable of supporting a diagnosis of drown-


ing. The death investigation must also address other
Drowning has been defined as ‘…the process of expe- questions such as: how did the individual get into the
riencing respiratory impairment from submersion/ water; and what prevented survival? Other important
immersion in liquid’. There are over 400,000 drown- factors such as post mortem drug and alcohol levels
ing deaths worldwide per annum. The finding of a in the drowning victim may have considerable sig-
body in water does not necessarily mean that they nificance in determining what happened. Local poli-
have drowned. The majority of bodies found in water cies (e.g., education of children about water hazards)
are there as a result of an accident (e.g., slipping from may influence the demographics of unintentional fatal
a river bank, or falling in when intoxicated) or suicide. drowning deaths of children. Similarly, if risks of drug
When investigating it is important that all features and and alcohol intoxication whilst in or near water are rec-
known history are taken into account when a body is ognised, incidences may be reduced in the adult popu-
recovered. For example, ligatures to the hands or feet, lation. The Royal College of Pathologists has published
or weights within clothing may be the responsibility of guidelines on autopsy for bodies recovered from water.
the person themselves, or may indicate a criminal act.
Obvious questions to be addressed include: was the
individual dead before they entered the water; do they Evidence of immersion
have any physical health problems (e.g., epilepsy); is Water immersion results in a number of changes to the
there any history of self-harm or mental health issues? body, and these changes are dependent on a variety of
Fatal drowning can occur in water only a few centime- factors including: water temperature, the nature of the
tres deep. Unintentional bathtub drowning deaths are water (i.e., salt vs fresh), bacterial contamination, tidal
well-recognised in the elderly population. When inves- flow, the nature of the sea or river bed, the presence of
tigating a possible drowning death as much knowledge marine life, the habits of the individual, and clothing
as possible of the circumstances and locus is needed to worn.
make a proper and accurate determination of the cause Generally, if immersed for long enough, the skin
of death. Jumping or diving into water may result in of the hands and feet will become irregular and mac-
limb, neck or head injuries that render a person inca- erated. The fingertips become opaque and wrinkled
pable of swimming and extracting themselves from the (‘washerwoman’s fingers’; Figure 13.1) within a few
water. Bodies are frequently retrieved from water; this hours of immersion. The speed of these changes is deter-
process in itself may be hazardous for those in recovery mined by the nature of the immersant water. As immer-
teams and may, because of its complexity, result in loss sion time increases, macerated skin begins to separate
of important evidence. Accurate documentation and from underlying tissues, leading to skin and nail peeling
photographic and video evidence may assist in ensur- and apparent ‘degloving’ of the skin of the hands and
ing as much relevant evidence as possible is available. feet (Figure 13.2). Loss of pigment layers may be appar-
The medicolegal investigation of deaths following ent, causing colour change in skin, which often misleads
the recovery of a body from water is complex, given that as to the ethnic origin of the deceased.
a wide range of scenarios for death exist; some exam- It is not possible to estimate the post mortem interval
ples are given in Box 13.1. The potential role of inherited from signs of immersion and decomposition in a body
cardiac disease in drowning is described in Box 13.2. recovered from water, as there are so many factors that
The pathologists and other investigators must attempt may influence the appearance. There is an oft-quoted
to address all of these potential explanations for death (but not evidence-based) ‘rule of thumb’ recognising
and determine whether there is any pathological that decomposition in water in temperate climates
192 Immersion and drowning

Box 13.1 Examples of reasons for death


in a body recovered from
water
• Died of natural causes before falling and enter-
ing the water (e.g., myocardial infarction or
stroke).
• Died of natural causes whilst swimming (e.g.,
myocardial infarction or stroke).
• Died of natural causes while in the water, having
entered the water either voluntarily or acciden-
tally (e.g., under the influence of drugs and/or
alcohol and micturating into a canal and losing Figure 13.1 ‘Washer woman’s hands’. Typical appearance
balance). after a few days in water.
• Died from exposure and hypothermia in the
water (particularly those with low BMIs, the
young and the elderly). occurs at roughly half the rate of a body left in air. This
• Died of injuries or other unnatural cause before does not assist in providing appropriately reliable evi-
entering the water (e.g., physical assault). dence. Henssge’s temperature-time of death nomogram
• Died of injuries following entering the water method may be useful (within the limitations already
(e.g., diving into unrecognised shallow water, discussed), with the application of the required ‘correc-
causing cranial or cervical fracture). tive factor’.
• Died of injuries whilst in the water (e.g., being Bloating of the body (face, abdomen and genitals)
hit by a boat or jet ski, shark attack). owing to gas formation in soft tissues and body cavities
• Died from submersion, but not drowning. is often evident after approximately a few days’ immer-
• Died from true drowning as a result of aspira- sion in temperate conditions, after which skin and hair
tion of water into the lungs. loosening leads to their detachment. However, the
skin and hair can be found in place many weeks after
immersion.
Gaseous decomposition and bloating often causes
the body to float to the surface of the water in which it is
Box 13.2 Drowning and inherited submerged after a few days, leading to its discovery. If
c­ ardiac disease the body is obese with much adipose tissue it may sink
Post mortem genetic testing (‘molecular autopsy’) for only a short period, even in the absence of bloating.
for the inherited cardiac channelopathies congenital
Long QT Syndrome (LQTS), and Catecholaminergic
Polymorphic Ventricular Tachycardia (CPVT), by
researchers at the Mayo Clinic in 35 unexplained
cases of drowning in the USA revealed that almost
29% of those drowning whilst swimming were
mutation positive. Women were disproportionately
affected, and none had previously been diagnosed
with a channelopathy in life. This study highlights
the need to consider inherited cardiac diseases in
the medicolegal investigation of immersion/ sub-
mersion deaths, and for material to be retained at
autopsy that will facilitate genetic mutation analysis
relevant to the death investigation and to the future
health of surviving family members. Mapping an
individual’s genome will be of great relevance, but
in terms of cause of death in medicolegal investiga-
tion, it must be recognised that it adds additional
pieces of evidence, but does not necessarily solve
the problem. Figure 13.2 Peeling of the epidermis from the foot
(degloving) following a few weeks of immersion.
Pathological diagnosis of drowning 193

Post mortem artefact and fragments/limbs may become detached and lost due to
decomposition and movement of the body in water.
immersion
Bodies immersed in water may be subject to movement
from tidal flow, wind and waves and come into con- Pathological diagnosis of drowning
tact with sand/silt, rocks, piers and other underwater Pathophysiology of drowning
objects, all of which cause injury to the skin and under-
lying structures (Figure 13.3). Specific injury patterns Drowning is a complex phenomenon embracing a range
may be identified. For example, contact of a body with of psychological, physical, clinical and pathological
moving propeller blades classically leads to deep ‘chop’ mechanisms. Some of these relate to the upper airway
wounds and/or lacerations and sometimes traumatic being out of the water, and others relate to the upper
amputation. Artefactual post mortem injuries produced airway being underwater. Immersion in water causes
in such circumstances must be differentiated from ante an interplay between cardiorespiratory responses to
mortem injuries suggestive of assault. skin and deep body temperature, including cold shock,
Other artefactual injuries characterised by immer- physical incapacitation, and hypovolaemia, as precur-
sion include damage to the body by marine life (e.g., sors of collapse and submersion. These are combined
shark, alligators, fish, crustaceans, molluscs and insects; with the diving response, autonomic processes, fear of
Figure 13.4). As the post mortem interval increases, drowning, upper airway reflexes, water aspiration and
swallowing, emesis, and electrolyte disorders. The out-
come is determined by a mixture of cardiac, pulmonary,
and neurological insults. Regardless of the composition
of water/fluid, drowning, the process of experiencing
respiratory impairment from submersion in a liquid,
may also result in pulmonary surfactant insufficiency/
damage, pulmonary oedema, alveolitis, hypoxaemia
and metabolic acidosis. In addition, as the popularity of
water-based sports advances, specific conditions such
as swimming-induced pulmonary oedema are being
recognised.
As time in cold water continues, so does the likelihood
of hypothermia (core body temperature <35°C). As hypo-
thermia develops, cognitive function becomes impaired
Figure 13.3 Post mortem injuries predominantly to the increasing the risks of (1) poor decision-making and (2)
back of the hand of a body recovered from a shallow aspiration of water.
river. Such injuries are likely to have been caused by Drowning reflects a combination of the physical
contact against the river bed. presence of water within the respiratory system (caus-
ing a mechanical asphyxia) and fluid and electrolyte
changes which vary according to the medium (sea vs
fresh water) in which immersion has occurred.
Fresh water is hypotonic compared with blood plasma
and, when inhaled, is rapidly absorbed into the blood-
stream, causing transient (but probably clinically irrel-
evant) electrolyte dilution and hypervolaemia. It results
in alveolar collapse/atelectasis because of changes in
the surface tension properties of pulmonary surfactant,
resulting in intrapulmonary (left to right) shunts.
Seawater is generally three times more hyperosmolar
than blood plasma, and following inhalation the hyper-
osmotic seawater can result in serious effects to the
lung and alveoli. These effects may be predominantly
categorised into insufficiency of pulmonary surfactant,
blood–air barrier disruption, inflammation, oxidative
Figure 13.4 Post mortem injuries caused by marine stress, autophagy and apoptosis. Aspiration of fresh or
creature predation. This body was recovered from the sea water therefore leads to systemic hypoxaemia caus-
sea and the circular skin defects are likely to have been ing myocardial depression, reflex pulmonary vasocon-
caused by crustaceans such as crabs. striction and altered pulmonary capillary permeability,
194 Immersion and drowning

contributing to pulmonary oedema. There is an inverse Alternative mechanisms of death in


relationship between survival and the volume of aspi-
rated fluid but even small quantities (i.e., as little as immersion
30 mL) can cause arterial hypoxaemia. Explanations for the death of individuals recovered from
water without autopsy signs of aspiration of water led
Signs of drowning to the concept of ‘dry drowning’, although alternative
explanations for such deaths include trauma, the effects
Post mortem findings ascribed to drowning reflect the
of intoxication, arrhythmia, laryngospasm or some other
pathophysiology of submersion, immersion and aspira-
neurologically mediated mechanism. The need for this
tion of the drowning medium (Box 13.3). It is important
terminology has been questioned and the use of the term
to be aware that none of these findings are diagnostic of
‘dry drowning’ is obsolete and confusing.
drowning or present in all verified drownings, and so
Stimulation of trigeminal nerve receptors by immers-
the autopsy diagnosis of drowning is one that requires
ing the face (and pharyngeal/laryngeal mucosa) in water
considerable reflection and a definitive answer may not
has been shown to elicit reflex apnoea, bradycardia
always be established. Boxes 13.4 and 13.5 give exam-
and peripheral vasoconstriction in humans, the ‘diving
ples of how deaths initially ascribed to drowning can be
response’, which is augmented by anxiety/fear, a water
the subject of ongoing controversy, and prompt reviews
temperature of less than 20°C and possibly alcohol,
many years after the death.

Box 13.3 Findings that may be associated with drowning


External foam/froth and frothy fluid in the airways
reflects an admixture of bronchial secretion/mucus,
proteinaceous material and pulmonary surfactant with
aspirated fluid (Figure 13.5). This froth/foam has been
likened to ‘whisked egg white’ in texture and consis-
tency, with a different quality to that seen in, for exam-
ple, cardiac failure.
Emphysema aquosum/heavy lungs describes hyper-
expanded and ‘water-logged’ lungs, whose medial
margins meet in the midline and which do not collapse
on removal from the body. There may be rib imprints
on the surface of the lungs, and copious frothy fluid
may exude from their cut surfaces. Combined lung Figure 13.5 Frothy fluid exuding from the mouth
weights of over 1 kg has been said to indicate fresh- following drowning.
water drowning (Figure 13.6).
Pleural fluid accumulation has been associated with
drowning, the volume of which controversially being
said to reflect the post mortem interval.
Subpleural haemorrhages Paltauf’s spots, named
after Arnold Paltauf (1860–1893) an Austrian medi-
cal examiner who described petechial haemorrhages
located beneath the pulmonary pleura, probably
reflect haemolysis within intra-alveolar haemorrhages,
and have been described in 5%–60% of drownings).
Miscellaneous signs including middle ear conges-
tion/haemorrhage, bloody/watery fluid in the intra-
cranial sinuses, engorgement of solid organs, reduced
weight of the spleen and muscular haemorrhages in
the neck and back have all been proposed as additional
physical signs of drowning. Figure 13.6 Emphysema aquosum following drown-
Microscopy of the lungs revealing alveolar distension, ing. The lungs are hyperinflated, crossing the midline
haemorrhage and rupture, and narrowed capillaries, and obscuring the pericardial sac. There are sub-
has been proposed as a sign of drowning but remains pleural haemorrhages in the right lung middle lobe
open to debate. (Paltauf’s spots).
The role of alcohol and drugs in drowning 195

Box 13.4 The death of Natalie Wood Wagner


The body of actress Natalie Wood was found floating cut surfaces of the voluminous and heavy lungs was in
face-down in the ocean at Catalina Island, near Los keeping with drowning, and post mortem toxicology
Angeles, on 29th November 1981. She had been with showed an alcohol level of 0.14 gms% (140 mg/dL).
her actor husband, Robert Wagner, on their boat, to The death was thought to have been accidental but a
which they had returned after a meal the night before. review of the autopsy findings was undertaken in 2012,
She was last seen alive at 2245 hours by Mr. Wagner, in view of conflicting statements regarding the circum-
who noticed that she was missing at around midnight. stances leading up to the discovery of the body, and
A dinghy was missing, and subsequently found nearby concerns that death might have occurred earlier than
with the key in the ignition, but in the ‘off position’ and when the alarm had been raised.
appeared not to have been used. That review concluded that, in the presence of
Life was pronounced extinct at 0744 hours, and bruising to the arms and a scratch on the neck, a non-
a scene examiner found rigor mortis to be present, accidental mechanism could not be excluded for these
with very slight blanching hypostasis on the back of injuries prior to entry into the water. The manner of
the trunk. Core body temperature was almost at water death was considered undetermined, and the cause
temperature. She was clothed in a ‘down jacket’, night- of death was changed to drowning and other unde-
gown and socks. termined factors. This case intermittently comes under
At autopsy, the presence of white froth in the mouth further review, most recently in 2018 and as a subject
and nostrils, filling the airways and exuding from the for broadcast documentaries.

increasing the likelihood of the development of a fatal Co-stimulation of both diving and cold shock
arrhythmia. Cardiac arrest has also been documented responses may precipitate arrhythmias including atrial
following entry of water into the nose. fibrillation and those associated with drug-induced pro-
The cold shock response, which is initiated by periph- longed QT intervals.
eral subcutaneous receptors, causes respiratory effects
(inspiratory gasp and uncontrolled hyperventilation, The role of alcohol and drugs in
respiratory alkalosis and cerebral hypoxia) and cardio-
vascular effects (tachycardia, increased cardiac output, drowning
hypertension and ‘heart strain’ potentially leading to Alcohol and drugs are often frequently found in the
cardiac irritability and ventricular fibrillation), which blood of drowning victims and their contribution to the
appear temperature dependent. death may be difficult to determine. but there is a strong

Box 13.5 Death in a bathtub


Henry Keogh was convicted of murdering his fian- due to forcible drowning. There were three bruises on
cée, Anna-Jane Cheney, in August 1985, in Adelaide, the outside of the leg and a single bruise on the inside
South Australia. She had been found by Mr. Keogh – a combination said to be classic for grip. The patholo-
slumped in the bath, with her face submerged in water. gist hypothesised that the legs had been forced over
Resuscitation efforts were unsuccessful. The death was the head and the head pushed under the water.
not treated as suspicious and an initial autopsy revealed Autopsy photographs, which were in black and
a bruise on the top of the head. A further examination white, had no identifying features and did not show
of the body revealed two further bruises at the back of the whole body. The presence of bruising in the photo-
the head/neck. graphs was later disputed. Some of the bruising to the
Following cremation of the body, the pathologist’s scalp could also have been an artefact of the initial post
report described bruising on the lower left leg, and mortem examination.
that this was ‘an important part of the examination Histological sampling was limited, and a review of a
as to cause of death; which was drowning’. Mr. Keogh sample of bruise from the inside left ankle suggested
was arrested and stood trial in March 1995; the jury was that bruising to the ankle was some days old and that
unable to agree a verdict, and a second trial took place death may have been caused by anaphylactic reaction
in August 1995. to the antihistamine drug Hismanal. His conviction was
The Prosecution argued that the bruising on the overturned in 2014 and Mr. Keogh was released from
lower left leg represented a ‘grip mark’ and death was prison in 2015.
196 Immersion and drowning

association between substance use and ‘fall-related’ determining if a body recovered in water was due to
cases; concussive head injuries may be exacerbated by drowning or not. In particular, a diatom database of the
alcohol, with immersion/submersion contributing to a rivers, seas, and lakes is essential as is collection of a
fatal outcome. Vasodilation from alcohol and other sub- water sample from the putative site of drowning to allow
stances may initiate and worsen hypothermia. The use a rigorous comparison of the diatom species in water
of alcohol and drugs may encourage risk-taking behav- and biological samples. It must be emphasised however
iour. Additionally, a person intoxicated through alcohol that the interpretation of diatom testing remains con-
(or other drugs) has a reduced ability to respond appro- troversial, as diatoms have been found to be ubiquitous
priately and may be hampered by confusion, ataxia and in food and the environment, have been found in non-
incoordination as a direct result of the substance use. drowning deaths and have been absent in confirmed
cases of drowning. The use of diatomology in the foren-
sic diagnosis of drowning must currently be used with
Other investigations in bodies caution and in the light of available evidence, but may
recovered from water be useful to corroborate other findings.
Strontium (Sr) concentration in tooth samples has
been used for the diagnosis of seawater drowning, and
research continues on this. Although there are no other
Bibliography and information
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pretation may be complicated by uncertainties about the toms’ biodiversity in Douro river estuary. J Forensic Leg Med
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Copeland AR. An assessment of lung weights in drowning cases:
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Diatoms are microscopic organisms present in sea and Datta A, Tipton MJ. Respiratory responses to cold water immer-
fresh water, and have a siliceous capsule that survives sion: neural pathways, interactions, and clinical consequences
acid digestion in the laboratory (Figure 13.7). The pres- awake and asleep. J Appl Physiol 2006;100:2057–2064.
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and bone marrow is considered by some to be sup- analysis of strontium in human teeth by laser-induced break-
down spectroscopy: application to diagnosis of seawater
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drowning. Int J Legal Med 2015;​129(4):807–813.
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Golden FS, Tipton MJ, Scott RC. Immersion, near drowning and
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Further general resources 197

Kenny D, Martin R. Drowning and sudden cardiac death. Arch Dis Royal College of Pathologists. Guidelines on Autopsy Practice:
Child 2011;96:5–8. Autopsy for Bodies Recovered from Water. London: RCP, 2018.
Lee DH, Park JH, Choi SP, et al. Clinical characteristics of elderly Rutty GN, Bradley CJ, Biggs MJ, et al. Detection of bacterioplank-
drowning patients. Am J Emerg Med 2018;37(6):1091–1095. ton using PCR probes as a diagnostic indicator for drowning:
Lukaszyk C, Mittal S, Gupta M, et al. The impact and understand- the Leicester experience. Leg Med (Tokyo) 2015;17(5):401–408.
ing of childhood drowning by a community in West Bengal, Sarode GS, Sarode SC, Choudhary S, et al. Dental records of
India, and the suggested preventive measures. J Acta Paediatr forensic odontological importance: maintenance pattern
2019;108(4):731–739. among dental practitioners of Pune city. J Forensic Dent Sci
Lunetta P. Autopsy findings: drowning and submersion deaths. 2017;9(1):48.
In: Payne-James JJ, Byard RW (eds). Encylopedia of Forensic and Saukko P, Knight B. Immersion deaths. In: Knight’s Forensic
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Modell JH, Davis JH. Electrolyte changes in human drowning molecular autopsy series. Mayo Clin Proc 2011;86:941–947.
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children and adolescents aged 5–17 years. J Paediatr Child and near drownings, active component, U.S. Armed Forces,
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Further general resources
Reijnen G, van de Westeringh M, Buster MC, et al. Epidemiological Payne-James JJ, Byard RW. Encyclopedia of Forensic and Legal
aspects of drowning and non-fatal drowning in the waters of Medicine. Oxford: Elsevier; 2016.
Amsterdam. J Forensic Leg Med 2018;58:78–81.
14 Identification of the living
and the dead
▪▪ Introduction ▪▪ Age estimation in the living
▪▪ Methods of identification ▪▪ Bibliography and information sources
▪▪ Identity of decomposed or skeletalised remains ▪▪ Further general resources
▪▪ Mass disasters

Introduction individuals have no records with them, and the estima-


tion is required to determine, for example, if they have
Loss of identity and proof of identity is a common prob- achieved the age of criminal responsibility in the rel-
lem in the medicolegal setting. Such loss of identity evant jurisdiction or if are they classed by age as chil-
might be deliberate, for example, if someone wishes to dren, in which case different legal principles may apply
conceal their own identity or that of another for criminal to their situation. Estimation of age is simpler in children
or other personal reasons, or it might be unintentional, and young people where developmental milestones may
for example, due to natural disaster (e.g., tsunami, wild- be relevant and is more difficult and far less precise in
fire, volcanic eruption) or terrorist or accidental events mature adults. However, recent advances in DNA analy-
(e.g., 9/11). Individuals (themselves or relatives) or legal sis and in particular the recognition that the epigenetic
and national authorities may require that identity to be signature of DNA methylation changes during an indi-
established. This may apply to living or deceased indi- vidual’s lifespan means that DNA methylation age-cor-
viduals. related changes have the potential to act as a (relatively)
Formal, correct identification of a body is a key ques- accurate means of age estimation.
tion to be answered when a body is found in any medi- There are additional means of identification such as
colegal investigation of death. In England & Wales, it fingerprint or DNA databases, but these will only be of
represents the first question to be answered at the relevance where the databases are well established and
Coroner’s inquest. Often visual identification by an where the individual has been convicted of, or is being
appropriate person may not be possible due to factors investigated for criminal offences. For these reasons, the
such as facial trauma, decomposition, loss of body parts person or body with no previous criminal record may
or deliberate mutilation and other techniques must be prove to be more difficult to identify than those with such
employed to confirm identity. a record with, or exposure to, a justice system. The pro-
All governments require systems to be in place for liferation of genealogical databases has however created
the rapid implementation of mass disaster responses an additional potential source of DNA profiles that can
in situations of multiple deaths so that casualties and be accessed by police and other bodies, and is likely to
deceased can be identified expeditiously. This is for result in complex human and civil rights concerns over
legal process, reassurance and support for relatives of the coming years.
the injured and deceased.
Assessment of the deceased to establish identity is
a specialised task for a multiprofessional team which Methods of identification
may include forensic pathologists, forensic odontolo-
gists, forensic anthropologists, forensic physicians and Identification criteria
radiologists. Their work will be often set in challenging Identification criteria used are referred to as primary or
and difficult conditions, in the midst of humanitarian secondary. Primary identification criteria are 1) finger-
work and investigations for possible criminal cases. All prints, 2) DNA, and 3) dental.
those working in the forensic setting should be aware of It must be recognised that in recent years the speci-
the general principles to establish identity in the living ficity of some aspects of fingerprint and dental assess-
and deceased. ments have been brought into question. Secondary
This same group of practitioners may be called criteria include features such as unique medical char-
upon (individually or together) to assist in establishing acteristics, deformity, marks and scars, radiological
a person’s age. The two main settings where this may evidence, personal effects and distinctive clothing.
be relevant is in criminal cases and asylum applica- Examples of other features that may also provide
tions. Reasons to know age are manifold, and frequently some assistance in identification include clothing,
Methods of identification 199

photographs and location. Additional techniques such elements of forensic science) that the use of DNA should
as gait analysis or facial profiling from CCTV can be use- be considered as another piece of the jigsaw in the over-
ful when other features cannot be used, although their all puzzle of solving crime and identifying unknown
accuracy is less consistent. individuals.
Comparison of DNA profiles with assumed or known
family members or against known databases can ensure
DNA profiling a person’s identity is established. If these comparisons
The specificity of individual DNA profiles means that cannot be done, other tests must be used.
from a statistical point of view it can be considered spe- As forensic DNA analysis continues to progress,
cific to any given individual. identifying, extracting and amplifying smaller and
The molecule of DNA has two strands of sugar and smaller amounts of genetic material, so the risks of
phosphate molecules that are linked by combinations contamination from other sources increase. Crime
of four bases, adenine, thymine, cytosine and gua- and mass disaster scenes have great potential for cross
nine, forming a double helix structure. Only about 10 contamination and standard operating procedures to
per cent of the molecule is used for genetic coding (the avoid contamination must always be in place to mini-
active genes), the remainder being ‘silent’. In these mise this risk. Appropriate protective clothing must be
silent zones, there are between 200 and 14,000 repeats worn to prevent the investigators obscuring any rel-
of identical sequences of the four bases. Sir Alec Jeffreys evant DNA by their own material being inadvertently
found that adjacent sequences were constant for a shed from exposed skin, or by sneezing, or perhaps
given individual and that they were transmitted, like even by touching. In many jurisdictions, it is now a
blood groups, from the DNA of each parent. The statis- requirement for all those involved in the identification,
tical analysis of DNA identification is extremely com- collection and analysis of samples to provide exclusion
plex and it is important that any calculations are based DNA samples in the same way as exclusion fingerprints
upon the DNA characteristics of a relevant population were once provided.
and not upon the characteristics of a ‘standard’ popu-
lation somewhere else in the world. Forensic genetics Examination of dental structures
developed from protein-based techniques and brought Forensic odontology is one of the most important
with it the term ‘DNA fingerprinting’, this being based specialties available to establish or confirm identity
on restriction fragment length polymorphisms (RFLPs) of unknown bodies whether in isolation, after terror-
of high-­molecular-weight DNA. Development of ana- ist events, in mass graves or after natural disasters.
lytical techniques resulted such as the amplification The success of such identification is very dependent
of much smaller short tandem repeat (STR) sequences on access to ante mortem records from general den-
using the polymerase chain reaction (PCR) which soon tal practitioners. Pre-existing (ante mortem) dental
replaced RFLP analysis and became standard in genetic records and charts and radiographic images can be
identification. STR multiplexes are now available which compared with examination of the dentition of the
simultaneously amplify up to 30 STR loci from as little as deceased (Figure 14.1). If these are not immediately
15 cells or fewer. The huge volume of information asso- available an odontologist will construct dental charts
ciated with the great range of observed STR genotypes of bodies whose identity remains unknown or uncon-
allows for genetic individualisation (with the exception firmed despite a police investigation, so that, should
of identical twins). dental information become available at a later date,
Unlike before, there is now no need to match blood the two sets of records may be then be compared. The
with blood, and semen with semen, as all the DNA in essence of the identification by dentition is compari-
one individual’s body must of necessity be identical. son. This implies that the dental chart has to be com-
Buccal swabbing permits simple sampling of a sus- pared with, and found to match, a chart whose origins
pect. A suspect in any crime leaving cells or biological are known (Figure 14.2). Unfortunately, studies suggest
fluids at a scene leaves proof of their presence at the that the recording of accurate dental charts by general
scene. The continued ability to analyse smaller and dental practitioners is sometimes inadequate.
smaller amounts of DNA and to recover and analyse The forensic odontologist is of prime importance in
historical samples means that many old crimes can mass disasters where trauma is likely to make visual
be investigated (or reinvestigated) and there is now a identification impossible. The great advantage of den-
considerable number of individuals being found guilty tal identification is that the teeth are the hardest and
of a crime decades later as a result of DNA advances. most resistant tissues in the body and can survive total
Additionally, and some might argue more impor- decomposition and even severe fire, short of actual cre-
tantly, there is a considerable body of those who were mation and thus DNA samples (e.g., from teeth pulp)
incorrectly convicted, being exonerated, as a result of which can be collected by the forensic odontologist can
these newer techniques. It is important (as with most be stored for future analysis (Figure 14.3).
200 Identification of the living and the dead

Figure 14.1 Identification from the teeth: post mortem X-rays (outlined in red) are compared with ante m­ ortem radi-
ography which, in this case shows a good match. (From Saukko P, Knight B. Knight’s Forensic Pathology. 4th ed. Boca
Raton: CRC Press, 2016 [Fig. 26.8].)

Teeth are in fact very well protected by the hard and


soft tissues of the oral cavity. It is not uncommon for
a body to show signs of incineration, while the molar
teeth have only slight damage, if any, from fire. As the
temperature of the environment and, hence, the body
in question, rises the tongue will swell protecting the
surfaces of the teeth facing the inside of the mouth. The
ramus of the mandible will also offer some protection
to the outer surfaces of the molar teeth, as will the soft
tissue of the cheek.
The anterior teeth (upper and lower incisors and
Figure 14.2 Example of completed dental chart. canines) are the most susceptible to fire damage. Again,
as the temperature of the environment rises, soft tissues
will start losing moisture, and the lips being only soft
tissue will therefore shrink away, leaving the front teeth
unprotected. In cases where the fire has been fierce or
prolonged these teeth will be calcined, in other words,
turned into ash.
These teeth will maintain their shape for as long as
they remain undisturbed but the slightest force will
cause them to crumble and disintegrate. While the
posterior teeth anatomy and restorations often provide
most of the information for identifying a deceased indi-
vidual, in a time when people may have less dental treat-
Figure 14.3 Despite soft tissue destruction, dentition ment due to better dental care, the shape and position of
is retained after fire. anterior teeth could be vital for facial comparison with a
smiling photograph of the presumed deceased.
The forensic odontologist attending the scene would
Where no previous records are available, exami- stabilise the incinerated teeth using transparent cold
nation of the mouth and the teeth can still give some cure acrylic (Figure 14.4a and b). This material is found
general information on age, sex, diet and ethnic origin, in most surgeries and comes in a liquid monomer and
and some dentures may have the name or initials of the powder which will solidify within minutes of being
individual printed on them. mixed together. Thus, powder and liquid can be mixed,
at the scene, to a runny consistency and then dripped
Dental identification of a burnt body gently over the incinerated teeth and allowed to seep
The discovery of a body involved in a fire is one of two through and set. This only takes a few minutes. The teeth
types of scenarios; the first being when it is useful for can then be examined properly at the mortuary once the
the forensic odontologist to attend the scene before the body has been moved. It is still worth covering the head
body is moved, the other being when fetal or newborn with a plastic bag tied at the neck to ensure any frag-
remains are suspected to be present. ments that fall off during transit are not lost.
Methods of identification 201

(a)

(b)

Figure 14.4 Preserving fire-damaged teeth at the scene. A forensic odontologist applies cold cure acrylic liquid to
teeth (a), which sets and helps protect the teeth during transportation to the mortuary (b).

Fingerprints can only be established by matching the parameters that


can be measured or seen on an individual with the same
The recovery of the fingerprints from decomposing and
parameters that were known to apply to, or to be present
damaged bodies requires the use of specialised tech-
on, a named individual. Identification is established by
niques which are the province of the fingerprint experts.
matching a range of general observations made about
Prints may often be obtained from desquamated skin
the body to a range of general information known to be
or from the underlying epidermis after shedding of the
true about that particular individual. The finding of a
stratum corneum following prolonged submersion.
unique medical feature (e.g., a previous uncommon sur-
Their accuracy has been called into question recently
gical procedure), or a combination of specific features,
but they retain their usefulness in many cases where
that is known to be possessed by that individual alone
identification is required, such as air disasters, in partic-
will add considerable weight to the conclusions.
ular with intact trauma victims with few burn injuries.
In both the living and dead, the height, weight,
Body Mass Index (BMI) and general physique must
Morphological characteristics be recorded and compared. Hair colour and length,
Identity cannot be established by the simple measure- including bleaching or dyeing, the presence of a beard
ment of a set of parameters of an individual or a body. It or moustache and the amount and distribution of other
202 Identification of the living and the dead

body hair, including genitalia and other sites that are


commonly shaved, all need to be established. Skin pig- Box 14.1 The ‘Sydney Shark Case’ (1935)
mentation should also be recorded as far as possible. All A shark in a Sydney, Australia aquarium vomited
clothing, jewellery and other ornaments on the person a human arm, severed at the shoulder, with rope
must be recorded and photographed as they may pro- around the wrist. It was well preserved despite hav-
vide useful information about the sex, race and even ing been in the shark’s digestive tract for the week in
occupation and social status of the body, even if they which it had been in the aquarium. The arm bore a
are not sufficient for identification. Surgical scars, old tattoo of two boxers in fighting poses on it, enabling
injuries, congenital deformities, striae from childbirth police to identify a man who had gone missing some
or rapid weight changes, cultural or tribal scars or nine days before the shark’s capture. Examination of
markings, circumcision, female genital mutilation, pig- the arm revealed that it had been cut off the body
mented lesions, papillomata and other skin marks or rather than being bitten off by a shark. A man was
abnormalities must all be recorded. Appropriate pho- arrested and subsequently acquitted.
tography of such features should always be done so that
others (e.g., a relative, friend or doctor) may be able to
confirm an identity from these features.
In a living person or recently deceased intact body, identification by relatives if visual identification is not
the facial appearance may be of great significance from possible.
ethnic and racial aspects and from individual appear-
ances. High-quality frontal and profile photographs
should be taken for comparison.
Identity of decomposed
or skeletalised remains
Tattoos and body piercings When apparent human skeletal remains are discovered,
Tattoos and piercings that have been individualised a number of questions need to be asked. The answers to
(e.g., by site, design, or specific personal information) these questions may require the expertise of patholo-
may provide unique features for identification. The gists, anthropologists, odontologists, radiologists, anat-
main use of tattoos and piercings in forensic medicine is omists and scientists. Box 14.2 shows the questions and
in the identification of the bodies of unknown persons. answers that may arise.
Once again, the simple presence of a tattoo does not gen- Where pre mortem clinical radiological images are
erally confirm identification and ideally there has to be available comparison of these with the post mortem
a comparison with, for example, images of that person films may give a definite identity.
where the tattoos are visible. Good quality ante mortem
images can be very helpful when compared with images
of the deceased, and can be used if a visual identifica- Mass disasters
tion is not possible or so that they can be circulated Mass disasters require systematic collection of foren-
when the identity is not known. sic evidential samples; a chain of custody ensuring
Worldwide there is a vast range of tattoos. Some continuity and integrity of the sample trail; and once
designs have specific meaning or significance within analysed, the application of appropriate evidential and
certain subgroups of society. Others may, for example, interpretative standards. At the time of the disaster it
indicate previous or current military service, or street may initially be unclear whether an event has happened
gang membership. Others are personalised to that indi- by accident, natural disaster or following a crime. Ante
vidual. However, nowadays designs originating from mortem data from potential decedents, including den-
throughout the world are purely used as body decora- tal, fingerprint and DNA samples should be sought at the
tion, and they provide little assistance in assessing the earliest opportunity for later comparison. Comparator
region or nationality or cultural group of origin of the fingerprints can be obtained from personal items, in
individual. Names and dates of birth within tattoos the home, workplace or crime databases. DNA samples
may be useful. Decomposing bodies should be exam- can be obtained from items such as toothbrushes, hair-
ined carefully for tattoos, which may be rendered more brushes and razors. Possible family members may be
visible when the superficial desquamated stratum cor- asked to provide samples for DNA analysis. General
neum is removed. Prior to current techniques of identi- dental practitioners should be approached to provide
fication the discovery of a tattoo on a body part provided dental charts, radiographs and dental impressions
a means of identification (Box 14.1). where available. Matching of the ante mortem data with
Body piercing is widespread, and the site and type the post mortem samples may be done using specialised
of piercing should be noted and piercings can be used software systems when available so that identities can
as part of visual identification or can be recovered for be confirmed.
Mass disasters 203

Box 14.2 Issues arising following the discovery of apparently human remains
Are the remains actually bones? What was the age of the person at death?
Sometimes objects such as stones, plastic models or This will require a multiprofessional approach utilising
even pieces of wood are mistaken by the public or the skills of the forensic pathologist, anthropologist,
police for bones: the anatomical shape, character and odontologist and radiologist, each contributing to the
texture may not always be obvious to someone who is overall picture.
medically trained, but in most cases will be.
What was the height (stature) of the person?
Are the remains human? The head to heel measurement of even the newly
This is a more difficult question to answer. Differentiating deceased is rarely the same as the person’s standing
human from animal bones is not always easy. A foren- height in life, owing to a combination of factors, including
sic pathologist or forensic physician should be able to muscle relaxation and shrinkage of intervertebral discs.
identify almost all of the human skeleton, although If a whole skeleton is present, an approximate height
phalanges, carpal and tarsal bones can be extremely can be obtained by direct measurement but, because of
difficult to positively identify as human because some a range of factors (e.g., changes in joint spaces, articu-
animals have extremity bones with features similar lar cartilage) this can only be an approximation. If only
to the human hand and wrist. Identifying the source some bones are available, calculations can be made
of fragmented or burned/cremated bones generally from established tables, of which there are many. Height
requires the skill of a forensic anthropologist or com- can be estimated from a range of long bones including
parative anatomist. the humerus, ulnar and femur. Other bones such as the
sternum have also been used in this setting.
Do the remains represent one or more bodies (is there What is the ancestry of the deceased?
co-mingling of body parts)?
This is a very complex area of much controversy and sits
Clearly, if there are two intact skulls or two intact left firmly within the realm of anthropologists whose main
femurs then specific expertise is not required. If there focus lies within the field of craniometrics.
is no obvious duplication, it is important to examine
each bone carefully to assess whether the sizes and Can a personal identity be discovered?
appearances match. Excluding the possibility of co- The previous criteria can assign bones broadly to vari-
mingling of skeletal remains is the realm of the forensic ous groups of age and sex but putting a name to the
anthropologist. individual depends, as does all identification, upon hav-
ing reliable, corroborative ante mortem data. There are
What is the biological sex? occasions when foreign bodies such as bullets or other
There is a vast anthropological literature on these metallic fragments may be found embedded in the skel-
matters with norms established for a range of popu- eton; these may either relate to the cause of death or
lations. The skull and the pelvis offer the best informa- may simply be an incidental finding. Sometimes these
tion on sexing; although the femur and sternum can can assist in identification. Surgical or other implant
provide assistance. There are, however, many studies procedures (e.g., pacemakers, arthroplasty implants,
which explore these and other structures including implantable defibrillators) have a unique reference
the maxillary sinus volume, and the nature of teeth number which may identify the maker; these and other
and the size of the patella. It is important to attempt unique medical data are often useful in establishing
to determine the sex of each of these structures and identity, and can frequently be seen after radiological
not to rely on the assessment of just one. Examination imaging and tracked, following referral to the implant
by a forensic anthropologist or anatomist is vital. manufacturer, to the named patient.

An emergency or major incident may result in fatali- process involves bringing together ante mortem and
ties. Disaster victim identification (DVI) is the interna- post mortem information to make a positive identi-
tionally accepted term for the processes and procedures fication by scientific means in a dignified manner,
for recovering and identifying deceased people and taking into account the needs of the investigation pro-
human remains in multiple fatality incidents. The cess, the needs of the bereaved and the needs of the
204 Identification of the living and the dead

community. Within the UK, the National Disaster Victim purposes. This also requires that the practitioner has a
Identification Unit coordinates the national capability realistic understanding of the variation expressed by
of the police service to respond to mass fatality inci- the human form and the extrinsic and intrinsic factors
dents in the UK. The team works with police services, that may affect any age estimation process.
government departments, local authorities and other Four main means of age estimation are available,
agencies to do this. The Coroner in England & Wales (or and the more of these that are used the more likely
Procurator Fiscal in Scotland), is responsible for chair- it is that the result of the examination will correlate
ing the Identification Commission, where the identity of well with the chronological age of the individual.
the deceased is confirmed. It is the Coroner’s responsi- Underestimation of age is unlikely to raise any issue in
bility to establish the deceased’s identity and how, when relation to an infringement of human rights (as younger
and where the death occurred. They have the power to: persons tend to be treated more advantageously in the
take lawful possession and control of deceased persons legal process) but an over-estimation of age can have
or human remains from when the death is reported adverse effects. It is essential that the final estimation
until all enquiries are complete; authorise removing the is robust and conveys a realistic range within which
deceased from their place of death to a mortuary; and the chronological age is most likely to occur. As yet,
authorise a post mortem examination. Body recovery the use of DNA for age estimation is not a feature of the
teams will identify the deceased wherever they may be legal process. Any element of doubt must result in an
found. They will then be photographed before they are increased range of possibilities. It is not possible in any
moved to assist any criminal investigation and to assist circumstance to ascertain with certainty whether an
the Coroner in establishing cause of death. At the mor- individual is 20 or 21 years of age. An assessment of 20
tuary, any personal items will be retrieved. These will be years ranges from a specific calendar date (birthday) to
used as indicators of the potential identity of the person. a date that is 364 days beyond that date and only one
Investigators will then go with a family liaison officer to day short of the assessment of an age of 21 years. The
recover items that could assist the identification, such as means of assessment that should be used now to esti-
personal items from the deceased’s home that may yield mate age in the living are:
fingerprints or DNA, or their dental records from their
dentist. Once identification evidence has been collected
• Social and psychological evaluation: This
this will be presented to the Identification Commission
requires evaluation by a highly trained clinician
which will decide if it meets the standards required to
or social work practitioner.
confirm identity. Further evidence may need to be col-
• External estimation of age: This evaluation must
lected. If identity reaches the standard of proof required
be undertaken by a qualified clinician (a forensic
then the evidence will then inform an inquest into the
physician, or a paediatrician for the child and geri-
death.
atrician for the elderly; examination by more than
one practitioner may be appropriate).
Age estimation in the living • Skeletal estimation of age: This investigation can-
not be undertaken visually and therefore relies
For the deceased, investigation of identity and age is on technology to assist the process (exposure to
generally undertaken by order of, and with the con- much of the relevant technology has risk from ion-
sent of, legal authorities, for example, the Coroner in ising radiation and can only be undertaken with
England & Wales. informed consent).
In the living, other constraints apply. The essential • Dental estimation of age.
element of any age estimation procedure is to ensure
that it complies with, and fulfils, all local and/or Certain aspects of each of these means of assessment
national legal and ethical requirements. All practitio- are well recognised. External estimation of age should
ners, clinical or forensic, must take full responsibility use Tanner staging to assess child maturity (Figure
for their actions in relation to the human rights of the 14.5). Skeletal estimation will assess hand/wrist radio-
subject undergoing investigation. It is essential that the graphs in the first instance, which are compared against
practitioner, clinical or forensic, undertaking the esti- standards previously published. A visual intraoral
mation is experienced in the interpretation and presen- inspection will inform the practitioner as to the stage
tation of data emanating from the investigation. They of emergence and loss of the dentition and is particu-
must have a current and extensive understanding of the larly useful for age evaluation in the pre-pubertal years.
limitations of their investigation both in relation to the Pubertal and post-pubertal individuals will, however,
physical technology available to them and to the nature require a radiographic investigation subject to their
of the database to which they will refer, for comparison local regulatory guidelines and statute.
Bibliography and information sources 205

Stage G = genitals (boys) B = breasts (girls) P = pubic hair (girls)

1 Pre-adolescent Pre-adolescent No hair

2 Scrotum pink and Breast bud Few fine


texture change, slight hairs
enlargement
of the penis

3 Longer penis Larger, but no Darkens,


larger testes nipple contour coarsens,
separation starts to
curl

4 Penis increases Areola and pailla Adult type,


in breadth, dark from secondary smaller
scrotum mound. area
Menarche usually
commeneces at
this stage

5 Adult size Mature (pailla Adult type


projects, areola
follows breast
contour)

Figure 14.5 Tanner staging for the assessment of child maturity.

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15 Restraint and control
techniques
▪▪ Use of force ▪▪ Irritant sprays
▪▪ Conflict resolution ▪▪ Impact rounds
▪▪ ‘Empty hands’: unarmed restraint ▪▪ Dogs
▪▪ Handcuffs ▪▪ Conducted energy devices
▪▪ Batons ▪▪ Bibliography and information sources

Use of force used with the intention of killing. Table 15.1 lists the
techniques and devices generally available to police
Law enforcement personnel and others are required on personnel in the UK.
some occasions to use restraint techniques to control
individuals who may be violent or suffering from some
form of acute behavioural disturbance. A key element of Conflict resolution
such force is that it requires a sensitive balance between All law enforcement personnel involved in restraint con-
the duty of care to the individual being restrained, pay- trol or public order settings should have an understand-
ing due attention to their safety and security, and those ing of conflict resolution and the factors that will affect
who may be harmed, including the behaviourly dis- how individuals respond to certain threats or actions. It
turbed person requiring restraint, the general public is important that any progression or escalation of force
and the law enforcement personnel. A general principle is reasonable in order that any adverse outcome may be
is that the least possible effective force should be used. justified at a later date. All law enforcement personnel
The determination of the level of force used to restrain should be taught de-escalation techniques to reduce
an individual often becomes a crucial element in a the need for physical means of restraint. The offender
criminal trial or an employment tribunal. Additionally, behaviour is characterised in a number of ways rang-
such determinations may be required in civil justice and ing from that of compliance, to verbal and gestured
coronial justice settings, where either the detained per- responses, passive resistance, active resistance, assault
son or the law enforcement officer has sustained harm, and aggression to the most serious category, aggravated
or the events have resulted in a fatality. Close analysis aggression (which may involve the use of a weapon).
will be undertaken of the type and means of restraint Many factors may affect the subsequent behaviour of an
that was used to secure that control. individual and how an officer responds (Box 15.1).
The phrase ‘use of force continuum’ is sometimes Around the world there are a wide variety of tech-
used to indicate the level of force appropriate for use niques, implements and weapons which may be used
against a non-compliant person by law enforcement, for control and restraint. Many are techniques used for
or security personnel, and under which circumstances. crowd control including the use of tear gas, water can-
Police and other law enforcement agencies will gener- non, horses, and ‘kettling’. The use of these techniques
ally have a published policy which will vary in nature will vary from country to country. Some may cause
but embraces the appropriate use of restraint tech- injury and some, either through inappropriate use or
niques and personal protection strategies for personnel. some other circumstance, may result in physical com-
Such policies can provide guidance about appropriate plications. Doctors, particularly forensic physicians and
actions in response to actual or perceived threats, bal- emergency medicine specialists, may become involved
ancing factors such as the safety of others, the presence in the assessment of the medical consequences of con-
of weapons, and the size of the non-compliant indi- trolling or restraining people. Forensic pathologists may
vidual, with the level of force used by law enforcement/ be involved in determining the cause of death. This often
security personnel. There is a risk of unintended harm becomes a major issue at inquest where other factors
with all restraint techniques, and there is a risk of death (apart from the use of the restraint technique) such as
with some of them. It is important to understand the drug or alcohol intoxication, associated self-harm and
intended effects, and risks to health, of each of these mental health issues commonly feature. When assess-
techniques and devices. The term less-lethal weapon ing a non-fatal restraint case, a full clinical assessment
is used to differentiate such devices from firearms used with documentation of injuries and, if necessary, appro-
by law enforcement personnel, which are generally priate referral to specialists is crucial. The history from
Handcuffs 209

Table 15.1 Techniques and devices used by police


services in the UK for personal restraint and control
• Use of force
• Conflict resolution
• ‘Empty hand’: unarmed restraint
• Handcuffs
• Batons
• Irritant sprays
• Impact rounds Figure 15.1 Scleral haemorrhage 2 hours after
• Dogs neck compression in a restraint setting.
• Conducted electrical energy devices/weapons (Courtesy of Jason Payne-James.)
• Spit guards (or spit hoods, or bite guards)
for signs of injury. Examination for petechiae is manda-
the injured person may need further clarification by tory in the skin of the head, neck, face, ears and scalp,
direct communication with the restraining personnel the intraoral mucosa and the eyes (Figure 15.1). Clothing
concerned. Review of available CCTV, body worn video can be grabbed in a scuffle and the tightening, ligature
or video recordings recorded on phones and broadcast effect of this can cause linear or patchy type bruising
on social media by members of the public may all assist around the neck.
in the proper determination of the facts in these cases. Positional asphyxia is a term that describes respi-
ratory impairment as a consequence of the position
‘Empty hands’: unarmed restraint in which a person finds themselves, including whilst
A variety of arm locks and holds, pressure-point control being restrained. It can occur as a result of the indi-
and knee and elbow strikes may be used. If excessive vidual being held down and being unable to maintain
force is used, either directly by the officer or as a result adequate respiratory movement either because of the
of the restrained person moving, joints such as the wrist, chest and/or the diaphragm being splinted, for exam-
elbow or shoulder can be strained to varying degrees. ple, because law enforcement/security personnel are
Other soft tissue injuries may be found. kneeling on the chest and thorax. The risk of death is
Neck hold and neck restraints (sometimes known further heightened by lying prone (face down), being
as vascular neck restraint or sleeper holds) are avoided handcuffed behind the back, being unable to change
by many law enforcement agencies, as there is a real, position, obesity, respiratory or cardiac disease, and
unpredictable risk of serious injury or fatality from struggling against restraint.
neck compression. If an individual is restrained in such
a hold the neck and head should be examined carefully Handcuffs
Three main means of handcuffing individuals exist: tra-
ditional handcuffs with two wrist pieces connected by a
Box 15.1 C
 onflict resolution: Factors short chain; rigid cuffs whereby the two wrist pieces are
affecting the behaviour of an connected by a bar and cannot move in relation to each
other; and plasticuffs, in effect, larger-size cable ties
individual and how an officer which are easy to store and easy to apply but less secure
responds than the first two types. The fixed connecting bar of the
• Presence of an imminent danger rigid handcuffs allows controlled application of force
• Comparative ages across the wrist to gain control. Once applied, simple
• Sex and size pressure against the wrist allows the single bar of the
• Strength cuffs to release over the top of the wrist and close with
• Skills a ratchet mechanism. If the individual is noncompliant
• Specialist knowledge and continues moving, the handcuffs can progressively
• Presence of drugs or alcohol tighten causing increasing pain and potentially increas-
• Mental state ing the risk of neurological and skin damage. A num-
• Relative position of disadvantage ber of injuries may be caused by handcuff application.
• Injury Soft tissue injuries may be produced by movement of
• Number of individual’s involved the wrist within the handcuff, movement of the hand-
• Whether weapons are present cuff on the wrist or by the handcuff being too tight. The
• Officer’s overall perception of the situation commonest injuries are blunt force injuries of redden-
ing, abrasions and bruising, particularly to the radial
210 Restraint and control techniques

and ulnar borders of the wrists. Superficial cuts, from Batons


the edge of the cuff, may be present in the same loca-
tions. Numbness or hyperaesthesia in the distribution Law enforcement and security agencies commonly use
of the cutaneous nerves distal to the applied cuff are batons to gain control. In the UK, two baton types are in
not uncommon. Specific handcuff neuropathies may be general issue: the three-part gravity friction lock baton
caused and single or multiple nerves may be affected, made of steel (an expandable baton with two telescopic
the extent being determined by a number of factors tubes that extend to a locked format with the flick of the
including the tightness of compression, the length of user’s wrists [e.g., ASP]) (Figure 15.3), and an acrylic
time compression has occurred and the degree of resis- patrol baton (APB), which is available in three lengths:
tance by the detainee. 22, 24 and 26 inches (approximately 56, 61 and 66 cm).
In most cases, the damaged nerves fully recover In the past, a 15-inch (38 cm) wooden patrol baton was
within a few weeks. Persistence of symptoms will available. Such batons can be used for defensive and
require nerve conduction studies. offensive activities: the long portion can be used for a
It is rare for handcuffs to cause fractures of the wrists direct strike, the baton can be held at both grip and long
secondary to the use of handcuffs. However, they should end and used to push back an individual and both ends
be considered when there is marked tenderness, loss of can be used to the front and back to jab against someone
movement or extensive bruising. The most vulnerable else. The potential for injury will vary with the amount
parts of the wrist are the styloid processes, particularly of energy transferred in a baton strike. The heavier,
on the ulna. Sometimes simple imprints will be seen, expandable baton will potentially cause more injury
and at other times, substantial and obvious blunt force than the lighter standard patrol baton. All batons have
injury is present (Figure 15.2a and b). the capability of causing significant injury including
skull fracture and death. If batons are deployed, ana-
tomical areas targeted are classified into low, medium
(a) and high risk of injury areas. Areas of low injury poten-
tial (and thus intended primary targets causing control
predominantly by pain infliction) are the lower limbs
(in the areas of the common peroneal, femoral and tib-
ial nerves) and upper limbs (in the areas of the radial
and median nerves) avoiding joints. Potential medical
complications of strikes in these areas include bruising

(a)

(b)

(b)

Figure 15.2 Handcuff injuries. (a) Imprint of handcuff


­following tight, prolonged application; (b) bruise,
­abrasion, laceration and underlying ulnar styloid
­fracture following struggle after handcuff applied. Figure 15.3 ASP baton. (a) Fully extended and (b) non-
(Courtesy of Jason Payne-James.) extended. (Courtesy of Jason Payne-James.)
Impact rounds 211

Figure 15.5 Example of CS spray containers.


(Courtesy of Jason Payne-James.)
Figure 15.4 Baton strike ‘imprint’ injury.
(Courtesy of Jason Payne-James.)
About 10% of people sprayed are not incapacitated by
exposure. It is not possible to predict who will respond
of the target area, occasional cortical fractures and
and who will not.
transitory motor dysfunction of the affected limb. The
PAVA (pelargonic acid vanillylamide) is the synthetic
medium injury potential areas (and therefore not pri-
equivalent of capsaicin (the active ingredient of natural
mary targets) are knees and ankles, wrist, elbow, hands,
pepper). It is intended to be directed towards the eyes
upper arms and the clavicles. Predictable medical com-
as it is generally utilised as a jet rather than a spray,
plications include bone fractures, joint dislocation and
and causes extreme discomfort and eye closure. Less
soft tissue damage. Higher injury potential areas (which
research has been done on PAVA, but the broad effects,
should not be targeted) are the head, neck/throat, spine,
treatment and management are similar to those of CS
loins (kidneys) and abdomen (small bowel, stomach,
spray. Effects on eyes, respiratory system, mouth or skin
liver, pancreas). Complications include damage to solid
that last for >6 hours should generally be referred for
and hollow organs, which could lead to serious injury
specialist assessment to the relevant department. The
(e.g., liver laceration, gastrointestinal perforation) and
most important action is to stop continued exposure by
death. Injuries from a baton strike can embrace the
removal of the affected individual from the contami-
full spectrum of blunt force injury. Tramline bruising
nated environment to a well-ventilated area, preferably
is a patterned bruise typical of having been struck by
with a free flow of air and removal of contaminated
a baton. Circular patterned bruising can occur as a
clothing. Each exposed individual should have a full
result of someone being struck by the end of the baton
clinical assessment with particular reference to eyes,
(Figure 15.4). Lacerations may be caused by baton blows
oral and nasal cavity, respiratory system and skin.
over bony surfaces. Fractures are rare but can occur, for
example from direct impact to the ulna.
Impact rounds
Irritant sprays A number of firearms are adapted to fire impact rounds
Irritant sprays (formerly referred to as incapacitant (known by a variety of names, including plastic bullets,
sprays) use a variety of agents to render individuals or rubber bullets, and baton rounds). The names are not
groups of individuals temporarily incapable of purpose- used consistently. A variety of projectiles of different
ful action. In the UK, two main irritant sprays are used types are available. In the UK, the ‘Attenuating Energy
by police services – CS and PAVA. Projectile’ is used. Figure 15.6 illustrates examples of the
The active ingredient of CS irritant spray, range of shapes and materials that may be used. Impact
o-­chlorobenzylidine malonitrile, is a solid at room tem- rounds are made from materials of lower density than
perature but is dissolved in an organic s­ olvent – methyl ‘normal’ bullets, are larger, and fired at lower velocities.
iso-butyl ketone (MIBK) – to be used as a liquid aero- The design, relatively large in size, low in weight, and low
sol. This is used to spray the face of a person from up to velocity, is intended to reduce the risk of skin penetration
3–4 m away, delivering CS to the eyes, nose and mouth while exerting severe pain on impact. This is intended
and causing immediate irritation to the eyes, upper to minimise severe or fatal injury. As with police
respiratory tract and skin (Figure 15.5). The effects on batons, the intended usage and effect may be achieved,
the eyes and the skin many last up to 2.5 hours, whilst but often, because of the dynamics of the situation,
those to the throat and respiratory tract usually last up the wrong area of the body may be hit or unintended
to 30 minutes. Table 15.2 lists the potential effects of increased force of impact is sustained and significant
exposure to irritant sprays. injury can result. Fatalities have been recorded. Some
212 Restraint and control techniques

Table 15.2 Effects of exposure to irritant sprays


Eyes: Clinical efects – generally expected duration of most intense effects
• Lachrymation (tears) (<15 mins)
• Pain (<30 mins)
• Blepharospasm (eyelids closed) (<30 mins)
• Conjunctival erythema (redness) (<30 mins)
• Reduced visual acuity (blurred vision) (<30 mins)
• Photophobia (sensitivity to light) (<60 mins)
• Periorbital oedema (swelling around the eye)
• Damage to the ocular surface from the direct trauma of a high-pressure jet
• Iritis may develop as a non-specific response
• Conjunctivitis
• Corneal abrasions due to rubbing the eyes
Mouth: Clinical effects
• Stinging or burning sensation
• Possible nausea and vomiting (rare)
Respiratory tract: Clinical effects
• Nose discomfort, pain and rhinorrhoea (<30 mins)
• Sneezing and coughing
• Sore throat
• Shortness of breath
• Bronchospasm (rare)
• Laryngospasm (rare)
• Tracheitis
• Bronchitis (rare)
• Pulmonary oedema may develop 12 to 24 hours after excessive exposure (rare)
NB: Patients with pre-existing respiratory disease, such as asthma or bronchitis, are more at risk of severe effects.
Skin: Clinical effects
• Burning sensation and erythema (<24 hrs)
• Chemical burns, blistering
• Allergic contact dermatitis (rare: but if law enforcement personnel are regularly exposed to irritant spray they may
require changes in work practice and referral to Occupational Health teams should be made)
• Leukoderma (rare)
• Initiation or exacerbation of seborrhoeic dermatitis (rare)
• Aggravation of rosacea (rare)
Cardiovascular: Clinical effects
• Pre-existing cardiac problems can be worsened and hypertension exacerbated after exposure. For example, angina
attacks may develop.
Other: Psychological effects
• In one study, one quarter of those exposed to CS spray were diagnosed with Post Traumatic Stress Disorder; a past
psychiatric history and a more external locus of control was associated with post-traumatic morbidity.
Source: Adapted from McGorrigan J, Payne-James JJ. Irritant sprays: clinical effects and management Recommendations
for Healthcare Professionals (Forensic Physicians, Custody Nurses and Paramedics). Faculty of Forensic & Legal
Medicine, 2017.

projectiles are intended to impact on the ground prior consist of a single, long round, or several shorter ones
to hitting the subject, dissipating the energy in advance. fired concurrently. One additional group is the ‘beanbag
The projectiles are frequently irregular cylinders made projectile’ which consists of a tough fabric bag filled with
from rubber, plastic, wood or foam, and can be as large compliant material (Figure 15.7). Baton rounds have two
as the full-bore diameter of the launcher. Projectiles may roles: public order and as another alternative to the use
Conducted energy devices 213

or vascular injury. In some circumstances, bites may of


such a degree that soft tissue defects requiring surgi-
cal intervention may be created. There are cases where
limbs have been lost from necrotising fasciitis following
infection after police dog bites. All those who sustain
such injuries must be advised to seek medical assis-
tance should apparent infection develop. Many health-
care professionals provide prophylactic antibiotics for
any penetrating injury. On occasions, the origin of the
bite injury may be disputed and a forensic odontologist
or forensic veterinarian may be required to provide a
definitive opinion.
Figure 15.6 Examples of baton rounds.
(Courtesy of Jason Payne-James.)
Conducted energy devices
of conventional firearms against individuals armed with Conducted energy devices have been developed and are
bladed weapons. For use in a public order role, the nor- part of the use of force continuum with the specific aim
mal operating range is 20–40 m. For use as a less-lethal of providing a less-lethal option of incapacitation of the
alternative to firearms, it may be used at 1 m range. acutely behaviourly disturbed, or violent, non-compli-
Because of their size and profile, they are only accurate ant individual. The most widely used by law enforce-
at short distances and the projectiles are prone to tumble ment agencies is the TASER (named after the fictional
after discharge, decreasing their accuracy. Deaths from Thomas A Swift’s Electrical Rifle). The TASER comes
baton rounds are very uncommon and principally result in a variety of models. Currently, the two most widely
from head and chest trauma. Impact to the lower torso used models are the X26 and X2, but newer versions are
and limbs results in bruising, abrasions and occasionally continually developed. (Figure 15.8a and b). TASER
skin lacerations. There is a very low reported frequency conducted energy devices are battery-operated, pistol-
of intra-abdominal trauma. Fractures to limbs do occur like devices which exert their effects by delivering brief
occasionally. The chest is regarded as a vulnerable area pulses of electricity into the body, and can be used in
and although the system has been designed to avoid two main ways: probe mode and drive-stun mode.
impact to this region, these may occasionally occur in
operational practice; rib fracture and pulmonary contu- (a)
sion may occur.

Dogs
Trained dogs from law enforcement agencies are capa-
ble of restraining and detaining individuals who need to
be controlled. In some cases, dogs bite. Bites all require
medical assessment as there may be, dependent on the
site and degree of injury, a risk of infection, neurological

(b)

Figure 15.7 Bean bag round. Figure 15.8 (a) TASER® X2 and (b) barbs.
(Courtesy of Jason Payne-James.) (Courtesy of Jason Payne-James.)
214 Restraint and control techniques

potential to increase the risk of cardiopulmonary arrest,


Table 15.3 Potential effects of TASER® discharge
even in the absence of TASER use. The UK govern-
Localised superficial burns and erythema at the ment’s independent advisory committee on the medical
probe sites implications of less-lethal weapons took the view that it
would be prudent to assume that there is a possibility
Probe penetration of organs or body cavities (all the
that, in some situations, it would be possible for rapid
following have been documented):
ventricular capture to be induced. This may be less of an
• Pleura issue for a young, healthy individual, but could be sig-
• Brain nificant in those with diseased hearts or who have taken
• Eye illicit or prescription drugs which have intrinsic effects
• Nasolacrimal duct on cardiac electrophysiology or coronary perfusion.
• Testis Such devices can assist in the safe and proper enforce-
• Urethra ment of law. However, it is important that any current
• Digital tendon and new technologies being introduced as less-lethal
• Pharynx options are appropriately and robustly tested and scru-
Musculoskeletal injury from the induced muscle tinised in a scientifically credible manner to reassure a
contraction sometimes appropriately cynical and sceptical general
public. Unfortunately, some devices are deployed with-
• Spinal compression fractures
out appropriate review.
• Ethmoid bone fracture
Secondary injury (from TASER-induced falls) Spit guards/hoods/masks
• Non-fatal and fatal head injury Spit guards (also known as spit hoods or spit masks) are
Epileptic seizures devices intended to cover the mouth, face and head of a
restrained person in order to prevent them spitting at,
Source: Adapted from Sheridan RD, Payne-James JJ.
or biting others. These devices generally comprise of a
TASER: Clinical effects and management of
synthetic mesh, placed over the head, with a reinforced
those subjected to TASER discharge. Faculty of
panel at the front which is used to cover the mouth and
Forensic & Legal Medicine, 2017.
nose area. There is substantial controversy about their
role, and whether they represent a type of restraint
device, with views polarised between human rights
Probe mode is when darts are fired at the subject from a
campaigners who express concerns about their utility,
cartridge fixed to the front of the TASER. These darts,
their safety, and their encroachment on human rights,
which travel at 40–50 metres per second, are designed
in contrast with (predominantly) law enforcement cam-
to embed in clothing or skin while remaining electri-
paigners who believe they reduce the possible risks of
cally connected to the TASER by fine insulated wires.
transmission of infection and subsequent need for pro-
Drive-stun mode is when the electrodes at the front of
phylaxis by law enforcement professionals so exposed.
the TASER are directly applied to clothing or to the
Parallels have been drawn to their resemblance to
skin. The effect of the discharge depends on the mode
hoods used in detention settings, as the practice of
of use. Because of the small separation of the electrodes
hooding has been recognised as a form of torture and/
in drive-stun mode, the principal action of the TASER
or cruel, inhuman and degrading treatment or punish-
is to induce pain. When the barbs are propelled, the
ment (CID) by a number of international and regional
greater barb separation allows the discharge to induce
human rights bodies.
involuntary (and painful) contraction of skeletal muscle
that results in temporary neuromuscular incapacita-
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Pinaud V, Leconte P, Berthier F, et al. Orbital and ocular 1991;41(1):145–147.
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2009;40(9):172–174. Prehosp Emerg Care 2006;10(4):447–450.
Pollanen MS, Chiasson DA, Cairns JT, Young JG. Unexpected Strote J, Walsh M, Angelidis M, et al. Conducted electrical weapon
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1998;158:1603–1607. Sutter FK. Ocular injuries caused by plastic bullet shotguns in
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Reay DT, Eisele JW. Death from law enforcement neck holds. Am related to use of less-lethal weapons during a period of civil
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Reay DT, Holloway GA Jr. Changes in carotid blood flow pro- VanMeenen KM, Lavietes MH, Cherniack NS, et al. Respiratory and
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Rehman TU, Yonas H, Marinaro J. Intracranial penetration of a Varma S, Holt PJ. Severe cutaneous reaction to CS gas. Clin Exp
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Ritchie A. Plastic bullets: significant risk of serious injury above Vilke GM, Sloane CM, Suffecool A, et al. Physiologic effects of
the diaphragm. Injury 1992;23(4):265–266. the TASER after exercise. Acad Emerg Med 2009;16:1–7.
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16 Police custodial healthcare

▪▪ Introduction ▪▪ Deaths and harm in police custody


▪▪ Principles of care ▪▪ Prevention of death and harm in police custody
▪▪ Healthcare in police custody ▪▪ Bibliography and information sources
▪▪ Risk assessment, risk identification and diversion ▪▪ Further general resources

Introduction dependent on an awareness of the police personnel of


the significant risk factors and a high­-quality healthcare
The care of detainees in short-term police custody is a professional team.
complex area and important in terms of forensic medi-
cine. The term ‘police custody’ is used here to mean that
time in which an individual is in the care of a police
Healthcare in police custody
service investigating an allegation of crime. This time Delivery of healthcare to detainees in police custody var-
is generally limited (in England & Wales to 24 hours) ies across the world. Healthcare services in this context
unless judicial permission is given to extend it, or for may include general medical services, and also more
certain offences (such as those that are terrorist-related) forensic and police-related processes such as forensic
where custody time limits may not apply. Longer term sampling of assault suspects and complainants, assess-
custody (in prison or other detention centres) is not con- ment of drivers suspected of driving under the influence
sidered here, although the patient profiles may be simi- of drugs and alcohol, documentation and management of
lar. In England & Wales, the Police & Criminal Evidence injuries, review of restraint-related injury, determination
Act 1984 (a law that determines how a detainee in police of ‘fitness to interview’ and ‘fitness to be charged’. In the
custody is dealt with and managed) attempts to identify UK, doctors, nurses and paramedics may provide some of
such risk factors at the earliest opportunity. All those these functions. Irrespective of the reason for assessment
who are arrested are asked a series of questions about of the detainee the duties of consent and confidentiality
their health and wellbeing. Such risk assessment tools apply, with few exceptions. Any breach of these duties
are administered by the police officers tasked with must be documented and the reasons for such a breach
ensuring the care of detainees. Positive responses to any recorded. Doctors in this setting are referred to as foren-
questions result in the seeking of advice from a health- sic physicians (sometimes forensic medical examiners
care professional (usually a doctor or a nurse). A num- or forensic medical officers), nurses as custody nurses
ber of studies from different countries identify a high (sometimes custody or forensic nurse practitioners), and
proportion of drug, alcohol and mental health issues, in paramedics as custody paramedics (sometimes forensic
addition to the more general physical problems that a paramedics). The term ‘clinical forensic medicine’ (foren-
population will have. sic medicine in the living) is used to differentiate it from
forensic pathology. In the UK, the Faculty of Forensic
Principles of care Legal Medicine of the Royal College of Physicians has
been tasked with, and has established, quality standards
The studies show that whilst ‘forensic’ healthcare issues for relevant healthcare professionals and provided guid-
(drugs, alcohol and mental health) are over-represented ance for the management of conditions and forensic
in the police custody patient group – which may change assessments required in custody.
subject to jurisdiction – the associated chaotic lifestyles
may also result in poor management and compliance
with treatment in what might be termed ‘general’
Nature of health problems of detainees
healthcare issues. Such inadequate or absent treatment In general, health problems in custody may be divided
may increase risks of harm to all those detainees with into ‘forensic healthcare’ issues which may directly
chronic conditions such as cardiovascular disease, relate to the reason for that person’s arrest and deten-
asthma, diabetes, epilepsy, thromboembolic disorder, tion and embraces mental health, drug and alcohol
and schizophrenia which have their own increased risks problems, and ‘general’ healthcare issues (e.g., diabe-
to an individual’s well-being. Such vulnerabilities and tes, asthma, epilepsy) that are not related to the reason
poor care can result in morbidity and mortality. Deaths for arrest but which may require management whilst in
and harm in custody are frequently avoidable but are custody. Additionally, specific harm or injury related to
218 Police custodial healthcare

There is a paucity of medical data on the outcome of the


Table 16.1 Typical profile and health issues of those in
use of restraint and control techniques. Deaths or inju-
police custody in UK*
ries inflicted using any restraint technique or weapon
• ~85% male always result in much public scrutiny, and systems for
• Mean age was ~34 years recording the use, and adverse outcomes, of such tech-
• 29% English not first language niques are needed to inform the public and medical
• ~14% no fixed abode professionals.
• ~30% not registered with primary care physician Because those exposed to restraint techniques –
• ~7% previously detained under the Mental Health but not arrested – may be reluctant to identify them-
Act 1983 selves, it is possible that exposure to these and others
• ~17% had previously self-injured forms of control and restraint cause more harm than is
• ~34% dependent on heroin documented. The use of assorted tear gas bombs and
• ~34% dependent on crack cocaine other compounds, and water-cannon in crowd control,
• ~25% dependent on alcohol also needs prospective research to identify risk for med-
• ~17% dependent on benzodiazepines ical complications. Often more information is available
in the media than in peer-reviewed medical literature.
* Adapted from Payne-James JJ, Green PG, Green N, et al.
Healthcare issues of detainees in police custody in
London, UK. J Forensic Leg Med 2010;Jan;​17(1):​11–17. Risk assessment, risk identification
and diversion
specific methods of restraint may be sustained as dis- Any individual detained in police custody in England &
cussed in the previous chapter. There are many studies Wales will have a risk assessment undertaken as soon
that identify the unique and extensive vulnerabilities as possible after arrival in police custody. Figure 16.2a
of this patient group. Table 16.1 illustrates some typical and b shows a typical risk assessment form, the first part
findings for detainees in police custody. With ageing of which comprises direct questioning of the detainee,
populations, it is likely that chronic medical conditions and the second the custody officer’s assessment. This
and mental health issues such as dementia will have risk assessment should be reviewed throughout the
increasing relevance in these populations. detainee’s time in custody. The purpose of screening is
Alcohol and all illicit (and some licit) drugs may to detect issues or risk factors for physical or mental ill-
present as some form of intoxication. The clinical skill health at an early stage so that an appropriate health-
of the healthcare professional is required to determine care professional’s opinion can be sought. Injuries
whether the current (or future) degree of intoxica- should be documented, and any use of force identified,
tion presents a risk to that individual whilst in, or after including the application of handcuffs. One of the aims
release from, police custody. The main risk is one of car- of any subsequent healthcare assessment should also be
diorespiratory arrest. Alcohol and some drugs (notably to identify conditions and brief interventions that may
heroin and benzodiazepines) all present potential risks be appropriate for the detainee’s health and welfare.
from withdrawal. Alcohol, in particular, poses a risk of This may include screening for addictive behaviours in
death from alcohol withdrawal syndrome. Figure 16.1a police custody and mental health conditions, and refer-
and b show scoring systems that identify the degree of ral to relevant teams.
withdrawal from respective substances and indicate Often contact is via a single, relatively brief, consul-
when intervention is required. tation, but opportunities should be sought to identify
In one study ∼55% police detainees had active medi- opportunities to intervene, and offer those interven-
cal conditions, 7% of whom were prescribed medication tions if available. For identifying alcohol issues, screen-
for those medical conditions but only 4% had access to ing processes such as the Fast Alcohol Screening Test
the medication, and of those, 40% were not taking their (FAST) and the Alcohol Use Disorders Identification Test
medication regularly and many were not taking it at all. (AUDIT) may be appropriate.
A wide range of diseases, including asthma, epilepsy,
diabetes, deep vein thrombosis, pulmonary embolism,
hepatitis, and hypertension, and poor concordance with Deaths and harm in police custody
medication, can all increase the risk of death and harm Death and harm in police custody are consistently
to those in custody. It has also been shown that sev- caused in five main ways: alcohol and drug intoxication,
eral other health-risk measures, including body mass alcohol withdrawal, self-harm, restraint-related injuries
index, smoking and healthcare use were worse for police and natural disease. The first three are the most common
detainees when compared with the general population. preventable causes of harm or death in custody in most
Finally, those who have been restrained by police or settings and it is essential that appropriate techniques
others, may have been harmed and may die in custody. are used to identify those at risk and to put in place
Deaths and harm in police custody 219

mechanisms for reducing and avoiding unwanted out- (which may include regulatory, employment and crimi-
comes. All countries should collect robust data regard- nal courts or tribunals). The Independent Office for
ing deaths and harm related to police custody but this is Police Conduct (IOPC) publishes data on deaths related
not currently the case. Any death in state custody should to police contact in England & Wales. In 2017–2018 in
be investigated independently and thoroughly and any England & Wales, there were the following number of
acts of commission or omission that contributed to the fatalities in each category of police related death: 29 road
death should be identified and dealt with appropriately traffic fatalities; four fatal police shootings; 23 deaths in

(a)

Clinical Opiate Withdrawal Scale (COWS)


Flowsheet for measuring symptoms over a period of time during buprenorphine induction.

For each item, write in the number that best describes the patient’s signs or symptom. Rate on just the apparent relationship to opiate withdrawal.
For example: If heart rate is increased because the patient was jogging just prior to assessment, the increased pulse rate would not add to the score.

Patient Name: Date:

Buprenorphine Induction:
Enter scores at time zero, 30 minutes after first dose, 2 hours after first dose, etc. Times of Observation:
Resting Pulse Rate: Record Beats per Minute
Measured after patient is sitting or lying for one minute
0 = pulse rate 80 or below • 2 = pulse rate 101–120
1 = pulse rate 81–100 • 4 = pulse rate greater than 120
Sweating: Over Past 1/2 Hour not Accounted for by Room Temperature or Patient Activity
0 = no report of chills or flushing • 3 = beads of sweat on brow or face
1 = subjective report of chills or flushing • 4 = sweat streaming off face
2 = flushed or observable moistness on face
Restlessness Observation During Assessment
0 = able to sit still • 3 = frequent shifting or extraneous movements of legs/arms
1 = reports difficulty sitting still, but is able to do so • 5 = Unable to sit still for more than a few seconds
Pupil Size
0 = pupils pinned or normal size for room light • 2 = pupils moderately dilated
1 = pupils possibly larger than normal for room light • 5 = pupils so dilated that only the rim of the iris is visible
Bone or Joint Aches if Patient was Having Pain Previously,
only the Additional Component Attributed to Opiate Withdrawal is Scored
0 = not present • 2 = patient reports severe diffuse aching of joints/muscles
1 = mild diffuse discomfort • 4 = patient is rubbing joints or muscles and is unable to sit still because of discomfort
Runny Nose or Tearing Not Accounted for by Cold Symptoms or Allergies
0 = not present • 2 = nose running or tearing
1 = nasal stuffiness or unusually moist eyes • 4 = nose constantly running or tears streaming down cheeks

GI Upset: Over Last 1/2 Hour


0 = no GI symptoms • 3 = vomiting or diarrhea
1 = stomach cramps • 5 = multiple episodes of diarrhea or vomiting
2 = nausea or loose stool
Tremor Observation of Outstretched Hands
0 = no tremor • 2 = slight tremor observable
1 = tremor can be felt, but not observed • 4 = gross tremor or muscle twitching
Yawning Observation During Assessment
0 = no yawning • 2 = yawning three or more times during assessment
1 = yawning once or twice during assessment • 4 = yawning several times/minute
Anxiety or Irritability
0 = none • 2 = patient obviously irritable/anxious
1 = patient reports increasing irritability or • 4 = patient so irritable or anxious that participation
anxiousness in the assessment is difficult
Gooseflesh Skin
0 = skin is smooth • 5 = prominent piloerection
3 = piloerection of skin can be felt or hairs standing up on arms
Score: 5–12 = Mild
Total score
13–24 = Moderate
25–36 = Moderately Severe
Observer’s initials
More than 36 = Severe Withdrawal

Figure 16.1 (a) Clinical Opiate Withdrawal Scale.  (Continued)


220 Police custodial healthcare

(b)

Figure 16.1 (Continued) (b) Assessment of alcohol withdrawal. (Reproduced from Sullivan JT et al. Assessment of
alcohol withdrawal: the revised Clinical Institute Withdrawal Assessment for alcohol scale [CIWA-Ar]. Br J Addict
1989;84:1353–1357.)
Deaths and harm in police custody 221

(a)

Figure 16.2 Example Risk Assessment Proforma for Detainees in Police Custody.
(Continued)
222 Police custodial healthcare

Figure 16.2 (Continued) Example Risk Assessment Proforma for Detainees in Police Custody.
(Continued)

or following police custody; 57 apparent suicides follow- a breath alcohol measurement. Missing a serious injury
ing police custody; and 170 other deaths following police can result in a fatal outcome. This principle, however,
contact that were independently investigated. Figure is a key issue in care and requires not only an initial
16.3 illustrates the number of fatalities following deaths awareness, but the need for appropriate monitoring
in police custody and following police contact from (e.g., rousing to ensure there has been no deterioration
2004 to 2018 in England & Wales. Figure 16.4 shows the in conscious level) so that treatable, potentially fatal
primary cause of death in custody – England & Wales – injuries are not missed. Failure to recognise high-risk
1998/9 to 2008/9. patients remains a common problem, in particular for
Work has been done worldwide by those involved in healthcare professionals who have little experience in
healthcare in custody settings to look at the nature and custodial medicine, and deaths or harm outcomes that
causes of deaths in custody and there are similarities could have been avoided may result in severe penalties
between many of these studies, irrespective of juris- to those who have failed in their duties. Complaints
diction. Sometimes the studies focus on all deaths in about healthcare professionals to their respective regu-
custody (e.g., in police custody, prison custody, secure latory bodies appear to be increasing.
mental health units) and others solely on police settings. Specific issues may arise which require an aware-
Detainees may be arrested for drink/drug driving ness of local trends and behaviours. Often these relate
offences after road traffic collisions (RTCs) and are taken to drug use (either due to the nature of the drug taken
to a police station. It is crucial that proper medical assess- or the means by which it was administered). Anthrax
ment is undertaken of such individuals, being aware of (caused by Bacillus anthracis) is rare in the UK but was
all the factors of any collision (e.g., type of impact, use identified in injecting drugs misusers. Ultra-potent
of seat belts, deployment of airbags, whether extraction opioids (e.g., fentanyl and carfentanil) are now widely
of the detainee was required, what the speed at impact available, and detainees (and police and healthcare
was, etc.) so that serious underlying injury is not missed professionals caring for them) may be at risk of expo-
whilst the police procedures are being undertaken. This sure to these potent narcotics necessitating guidance
ensures that risk factors over and above the use of alco- for scene safety and force protection from medical
hol and/or drugs are taken into account, and in particu- directors. The availability of novel psychoactive sub-
lar the risk that substance misuse is masking significant stances (NPS) with many different modes of action and
clinical conditions; a full clinical examination remains clinical effects often makes assessment difficult. Rare
essential. Particular attention should be paid to drink- medical conditions may also be responsible for deaths
drivers who have refused, or were not able to complete, in police custody.
Deaths and harm in police custody 223

(b)

Figure 16.2 (Continued) Example Risk Assessment Proforma for Detainees in Police Custody.

Cruel, inhuman and degrading to cruel, inhuman and degrading treatment or torture.
Such issues may be disclosed by the detainee, or may be
­treatment and torture established during the clinical assessment. Often those
The healthcare professional working in custodial set- who have fled oppressive regimes may come into con-
tings should be aware that this is often an opportunity tact with criminal justice or immigration systems. The
to identify and assist those who have – either during the healthcare professional should always be in a position
current period of detention, or previously – been subject to ask appropriate questions and refer to appropriate
224 Police custodial healthcare

Deaths in or following police custody


40
35
30
25
20
15
10
5
0
20 5

20 6

20 7

20 8

20 9

20 0

20 1

20 2

20 13

20 4

20 5

20 6

8
/0

/0

/0

/0

/0

/1

/1

/1

/1

/1

/1

/1

/1
/
04

05

06

07

08

09

10

11

12

13

14

15

16

17
20

20
Figure 16.3 Total number of deaths in police custody or following police custody in the UK from 2004 to 2018.

agencies or personnel if such issues are identified. The Excited delirium syndrome
Istanbul Protocol (described in Chapter 8) provides the
means to ensure that such allegations can be properly Unexpected deaths periodically occur in individuals
investigated. Appropriate enquiry or awareness may held in police custody. These decedents have usually
identify individuals who have been trafficked or sub- had significant physical exertion associated with vio-
ject to forced marriage or female genital mutilation lent and/or bizarre behaviour, have been restrained by
(FGM – described in Chapter 17). The relevance of such the police, and often have drug intoxication. An autopsy
issues will be dependent on the jurisdiction in which the in such cases may not provide a satisfactory explana-
healthcare professional is working. tion for the cause of death, and these deaths may then

35

30

25
Percentage

20

15

10

0
nt ed
e

siv sc te /

ed

ia

ow ty
s

de

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n
ay tat d/
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se

r
os

io

kn ali
he
rw t s ne

te in
at
ici

te pr
dr o n

ob ed

n
e e d

n
au

ct
rd

nc U s r l a

er

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io
de ta

Ot
el
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Su

ru
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lc

ve

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i
st

nt
ra

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po
lo

in

te
e
tu

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ra
ta

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in
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en

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sr

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Ac

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in

Figure 16.4 Primary cause of death in custody in England & Wales from 1998/9 to 2008/9. (Adapted from the
Independent Police Complaints Commission. Death in or following police custody: an examination of the cases 1998/99–
2008/09. IPCC, London, 2010.)
Prevention of death and harm in police custody 225

be attributed to the excited delirium syndrome (ExDS), Faculty of Forensic and Legal Medicine and the Royal
or an ‘acute behavioural disturbance’. The pathogen- College of Emergency Medicine have produced guide-
esis of excited delirium syndrome/acute behavioural lines on management in police custody of acute behav-
disturbance-associated deaths is likely to be multifac- ioural disturbance.
torial and includes a variety of factors such as positional
asphyxia, hyperthermia, drug toxicity, and/or catechol- Prevention of death and harm in
amine-induced fatal arrhythmias.
Generally, the forensic medical community has clas- police custody
sified patients who presented with altered sensorium and Any episode of death or harm in police custody is a trag-
aggressive agitated behaviour, and a combination of other edy. It is a tragedy for families of the deceased, but it can
symptoms including ‘superhuman’ strength, diaphore- also be hugely disruptive and traumatic for any of those
sis, hyperthermia, propensity to break glass, attraction who have been involved in the arrest, care and health-
to light or lack of willingness to yield to overwhelm- care assessment of that person. Adequate training of
ing force, who then died with a positive drug screen for law-enforcement personnel in relation to restraint plays
sympathomimetic agent, and no other anatomical cause a vital role in preventing deaths in custody. Concepts
of death, as an ‘Excited Delirium’ (or acute behavioural such as ExDS (or acute behavioural disturbance),
disturbance-associated) death. In recent years, it has and the potential dangers of vascular restraint holds,
become increasingly clear that many patients with this assist officers in making appropriate restraint deci-
constellation of symptoms and signs have been man- sions. Understanding the broad principles of positional
aged in emergency departments for decades and in only asphyxia, such as how some positions and some indi-
a minority of cases is the outcome fatal. Law enforcement viduals are more prone to respiratory compromise, and
and emergency medical services (EMS) in the USA have that kneeling on someone’s back may increase the risk of
many years of experience of dealing with ExDS patients. death, means that some potentially fatal situations are
Individuals with ExDS (or acute behavioural disturbance) avoided. Such training in ‘use of force’ tactics needs to
most frequently come to the attention of police, forensic include an understanding of the effects, and complica-
physicians and emergency departments because of the tions, of less-lethal weapons and personal protection
associated violent, agitated, and erratic behaviour. These systems including batons, irritant sprays and conducted
out-of-hospital ExDS (or acute behavioural disturbance) energy devices. Different means of providing healthcare
subjects have traditionally been transported to custody for detainees exist across the world. Some are compa-
and survived, transported to the hospital and survived, rable (or aim to be comparable) to healthcare for the
or have a sudden cardiac arrest with death ensuing. If non-detainee (e.g., UK, France, Netherlands) whilst
death occurs, a forensic autopsy is required. When the others have lower, or less consistent, standards of pro-
outcome is fatal, forensic pathologists may, in the absence viding healthcare for detainees. The standards of the
of other apparent causes of death, typically rule that death healthcare professionals are key, as certain skills may
is a consequence of excited delirium, although the use of be needed in general medical problems, but with a great
this diagnostic ‘label’ is not currently preferred in the UK. emphasis on mental health and substance misuse. All
Instead, a ‘narrative’ style cause of death is given, iden- countries should have minimum standards of training
tifying those factors thought to be most important. The and qualification for healthcare professionals working
concept of excited delirium remains controversial, but has with detainees in police custody. Over recent years sub-
become a matter of increasing concern for forensic and stantial advances have been made in setting standards
emergency physicians and other primary care health pro- for short-term custodial healthcare in a variety of ways
fessionals as many work with policing agencies respon- in different countries. It is essential that any practitioner
sible for the policy and procedures used in the field. has knowledge of, and is trained in, aspects of mental
Forensic physicians and healthcare practitioners who health, drug and alcohol misuse, medical law and eth-
encounter such individuals are generally supportive of ics, forensic sampling and police process in addition to
this diagnosis as a means to identify the at-risk patient. basic training. Police or law-enforcement officers tasked
The key practical element in care of the detained with the care of detainees must also have training in
(or about to be detained) individual is to differentiate order to identify those patients at risk. Non-medical
between an aggressive individual who is trying to avoid factors, such as the use of CCTV to monitor those iden-
arrest, and an individual with ExDS (or an acute behav- tified as being at risk of self-harm, and the availability
ioural disturbance). Such an individual represents a of ligature knives, should an individual gain access to a
medical emergency and requires immediate trans- ligature, are common-sense ideas that should be widely
port to a medical facility with full resuscitation and life disseminated (see Figure 16.6). Life signs monitoring
support capability. A Special Panel Review of Excited devices are available for use in police cells but are not
Delirium produced a simple ‘aide memoire’ to assist substitutes for appropriate staffing with appropriately
in making this crucial diagnosis (Figure 16.5). The UK trained and qualified healthcare professionals. Training
226 Police custodial healthcare

Figure 16.5 Excited delirium syndrome pocket card (front and back) for law enforcement and EMS providers created
by the work of the National Institute of Justice Technology Working Group (TWG) on Less-Lethal Devices (Reproduced
by permission of NIJ).

(a) (b)

(c) Figure 16.6 (a) A custody suite with CCTV monitoring facilities.
(b) Suspension point in a cell where detainee had torn a strip of
a blanket and attached it to a lighting frame. (c) A ligature knife:
this should be in the possession of all gaolers or detention officers
responsible for prisoners, so that they can immediately respond to
and deal with incidents of self-hanging or ligature application.
Bibliography and information sources 227

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sible for, the care of detainees in basic or immediate life healthcare use of detainees in police custody. J Forensic Leg
support or cardiopulmonary resuscitation should be Med 2014;26:24–28.
compulsory. Continuous professional development and Dyer C. Former police doctor is suspended after a death in cus-
update training is essential so that lessons learnt can tody. BMJ 2014;348:g2302.
Fablet D, Chariot P. Children detained in French police cells. J
be applied to day-to-day practice, in order to maximise
Paediatr Child Health 2018;54(7):788–792.
recognition of healthcare issues and minimise the risks Faculty of Forensic & Legal Medicine. Role of the healthcare
of death or harm as an outcome. professional. Faculty of Forensic & Legal Medicine, London,
2012. https://fflm.ac.uk/wp-content/uploads/document-
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Substance Misuse, 3rd Ed. Boca Raton: CRC Press, 2014.
17 Sexual assault, genitoanal
injury and female genital
mutilation
▪▪ Introduction ▪▪ Medical findings after sexual contact
▪▪ Examination requirements ▪▪ Care after sexual assault
▪▪ Definitions and the law ▪▪ Female genital mutilation
▪▪ Intimate partner violence ▪▪ Bibliography and information sources
▪▪ Medical assessment ▪▪ Further general resources
▪▪ Evidential samples and documentation of findings

Introduction Examination requirements


Adults and children, of any sex (and by whichever It is important the complainants of sexual assault are
gender they may identify themselves) may all be com- examined by those who are trained and competent in
plainants of sexual assault, but the incidence may sexual offences medicine. They are often forensic phy-
vary, including by geographical location and cultural sicians but may come from many other backgrounds
background. In many studies a significant propor- include genitourinary medicine, gynaecology, and
tion of the population may have been subject to sex- primary care. Their role is to provide independent,
ual assault (which may include sexualised touching, unbiassed evidence to courts, but also to manage the
attempted penetration [oral, anal, vaginal, other], or medical aspects of any assault and provide support
completed penetration). It is important to understand in the future. Complainants (and suspects of sexual
that all groups may be subject to sexual assault. One assault) should be offered, where possible, the choice of
study showed that compared to cisgender (i.e., non- a doctor of their own sex/gender. Sexual Assault Referral
transgender) men, cisgender women and transgender Centres (SARCs) – specialist centres for assessment of
people had higher odds of sexual assault. Among cis- complainants of rape and other forms of sexual assault
gender people, gays/lesbians had higher odds of sexual – have been established in most countries to provide an
assault than heterosexuals for men but not for women. effective and sensitive setting to optimise the identifica-
People unsure of their sexual identity had higher odds tion and recovery of evidence. They provide appropriate
of sexual assault than heterosexuals, but effects were assessment and sampling following the initial assault,
larger among cisgender men than cisgender women. and post-assault care with regard to issues such as gen-
Bisexuals had higher odds of sexual assault than het- itourinary health, contraception, prophylaxis against
erosexuals with similar magnitude among cisgender acquired infections and counselling. Emergency con-
men. Sexual assault occurs within families, or may traception may involve use of the oral contraceptive or
be by strangers, and may be associated with crimes insertion of an intrauterine device. Prevention of sexu-
against humanity, war crimes and genocide. The 2017 ally transmitted infection, for which there is a huge
data regarding sexual offences in England & Wales esti- range of potential risk, will require appropriate pre-
mated that 20% of women, and 4% of men, have expe- scribed medication for which standard prophylactic/
rienced some type of sexual assault since the age of 16 therapeutic regimens will apply. These regimens change
years, equivalent to an estimated 3.4 million female from time to time, and it is important that the most up to
victims and 631,000 male victims. An estimated 3.1% of date information is utilised. Human immunodeficiency
women (510,000) and 0.8% of men (138,000) aged 16 to virus (HIV) and hepatitis B infection in particular are
59 years experienced sexual assault in the year ending of great concern to patients and specialist advice must
March 2017. The data showed that around 5 in 6 victims be sought regarding post-exposure prophylaxis. Risks
(83%) did not report their experiences to the police. of infection are dependent on many additional factors
The increase in sexual offences recorded by the police including multiple assailants, associated injury, intra-
is thought to be driven by improvements in recording venous (IV) drug use, and high prevalence areas for cer-
practices and a greater willingness of victims to come tain infections.
forward to report such crimes, including non-recent Most SARCs now aim to provide complainants who
victims. do not wish to involve the authorities immediately an
230 Sexual assault, genitoanal injury and female genital mutilation

anonymised assessment and collection of samples, so • Relationship factors: marital conflict/instability,


that a complainant may later proceed with police inves- male dominance in the family, economic stress,
tigation if they change their mind. and poor family functioning.
• Community factors: weak community sanctions
against domestic violence, poverty, and low social
Definitions and the law capital.
Each jurisdiction has its own laws or statutes relating to • Societal factors: traditional gender norms, and
sexual assault. In England & Wales, the Sexual Offences social norms supportive of violence.
Act 2003 applies. Key definitions and offences from this
Act are listed in Box 17.1. The Act defines numerous other Medical assessment
specific offences including, for e­ xample, ‘rape and other
The purpose of a medical assessments for complainants
offences against a child under 13’.
and suspects of sexual assault is to identify and collect
evidence that may assist the courts to establish the facts
Intimate partner violence of the case and to identify and treat injury or other risk
A significant proportion of women experience physical issues (e.g., infection). Appropriate consent must be
and/or sexual violence from partners. sought. Figure 17.1 shows a sample consent form.
The World Health Organisation stated that between The medical needs should always take priority over
10% and 69% of women globally reported being physi- the evidential needs. The medical and scientific evi-
cally assaulted by an intimate partner during their dence may help confirm, or corroborate, the account
lifetime, and most women who are targets of physical of either the complainant or suspect. In many cases the
aggression generally experience multiple acts of aggres- medical evidence is neutral with regard to contrasting
sion over time. accounts given, and the determination of the facts in
In the UK, factors associated with a man’s risk for the case (e.g., was there valid consent, was there penile
abusing his partner are: penetration of the vagina?) is a matter for the court.
To avoid cross-contamination, different examiners
• Individual factors: young age, heavy drinking, should assess the complainant and suspect from the
depression, personality disorders, low academic same incident, in separate facilities. Disposable barrier
achievement, low income, and witnessing/expe- clothing should be worn to minimise the risk of con-
riencing violence as a child. tamination. Appropriate cleaning of the area/facility

Box 17.1 Key elements of offences under the Sexual Offences Act 2003
(England & Wales)
Section 1: Definition of the act of ‘rape’ • (A) does not reasonably believe that (B) consents.
• A person guilty of an offence under this section is
A person (A) commits an offence [of rape] if:
liable, on conviction on indictment, to imprison-
• He intentionally penetrates the vagina, anus or ment for life.
mouth of another person (B) with his penis
• (B) does not consent to the penetration, and Section 3: Definition of ‘sexual assault’
• (A) does not reasonably believe that (B) consents. A person (A) commits an offence if:
• A person found guilty of rape under this section
• He intentionally touches another person (B)
is liable, on conviction on indictment, to imprison-
• The touching is sexual
ment for life.
• (B) does not consent to the touching and
Section 2: Definition of the offence of ‘assault • (A) does not reasonably believe that (B) consents.
by penetration’ A person guilty of an offence under this section is liable:
A person (A) commits an offence if: a. On summary conviction, to imprisonment for a
• He intentionally penetrates the vagina or anus of term not exceeding 6 months or a fine not exceed-
another person (B) with a part of his body or any- ing the statutory maximum, or both
thing else b. On conviction or indictment, to imprisonment for
• The penetration is sexual a term not exceeding 10 years.
• (B) does not consent to the penetration and
Medical assessment 231

Name of Complainant Date

8. Consent to History, Examination and Report

I, _____________________________________________ consent to a forensic examination, as explained to

me by _____________________________________________________________________________________

I understand that the forensic examination will include (delete if not applicable)

a) A full medical history and complete examination;

b) Collection of forensic and/or medical specimens;

c) Taking of notes, photographs/videos/digital images for recording and evidential purposes (including
second opinions from medical experts and peer review). I have been told that any sensitive photographs,
videos and/or digital images will be stored securely and only be made available to other non-medical
persons on the order of a judge;

d) I understand and agree that the doctor/nurse may provide a statement/report for the police;

e) I understand and agree that a copy of the medical notes may be given to professionals involved in the
case (eg police or lawyers) and may be used in a court;

f) I agree to the use of my anonymised photographs/videos/digital images/medical notes for teaching;

g) I agree to the use of my anonymised photographs/videos/digital images/medical notes for audit and
research;

h) I have been advised that I may halt the examination at any time.

Signed _______________________________________ Date ___________________________________

If verbal consent Signature & Name of Witness ________________________________________

________________________________________

Figure 17.1 Consent to history, examination and report. (From the Faculty of Forensic & Legal Medicine pro forma
for adult female and male forensic sexual assault examination. [https://fflm.ac.uk/wp-content/uploads/2014/04/
Proforma-for-ADULT-female-and-male-forensic-sexual-assault-examination-JULY-2010.pdf].)

and equipment to be used for the examination should if an examination under anaesthetic for vaginal or anal
be carried out using suitable cleaning agents, pre- and injuries is necessary, the sexual offence examiner or
post-­examination. forensic physician should be present at that examina-
In some cases, the need for urgent medical care tion with the treating doctors to take relevant samples.
because of injury overrides the immediate need for a The sexual offence examiner must explain the
sexual assault examination. Healthcare aspects have nature, purpose and process of the assessment, in order
priority. Wherever possible, examinations should be that consent is fully informed and that chaperones
undertaken at the earliest opportunity in order to ensure are used when appropriate. An assessment for sexual
best opportunities for evidential sampling. For example, assault requires a detailed history and examination. The
232 Sexual assault, genitoanal injury and female genital mutilation

history of the alleged assault from the complainant is an might yield trace evidence including the DNA of that
extremely important part of the assessment, as it assists alleged assailant.
in ensuring the best opportunities for evidence recovery. The genito-anal examination may be undertaken
For example, apart from genito-anal assault or penetra- by naked eye or, depending on the available facilities,
tion, sites where there has been licking, kissing or biting with the assistance of specialist lighting, magnification
may allow DNA recovery. The examiner should ensure or colposcopes. Examination of a female complainant
that they record the briefing details from the referring (dependent in part on the history) will record the pres-
police team, and then compare those details with the ence of any abnormalities or the absence of any findings
account of the complainant themselves confirming or in the following anatomical sites: thighs, buttocks and
amending it as necessary. Discrepancies may become perineum; pubic area; pubic hair; labia majora; labia
very significant at a later stage of any legal proceed- minora; clitoris; posterior fourchette; fossa navicularis;
ings. Apart from a general medical history, detail of the vestibule; hymen; urethral opening; vagina and cervix.
full history of events and any specific physical contacts For the male (suspect or complainant) the buttocks,
must be identified (e.g., penis to mouth, mouth to geni- thighs, perineum, anus, perianal area, testes, scrotum
talia, penis to anus, penis to vulva/vagina, ejaculation, and penis (including shaft, glans and coronal sulcus)
object/implement penetration of mouth/vulva/vagina/ will be examined.
anus, kissing/licking/biting/sucking/spitting). Recent
drug and alcohol intake must be recorded in as much Evidential samples and
detail as possible, and this may be relevant in terms of
ability to recall events appropriately or if there is a pos- documentation of findings
sibility of drugs or alcohol having been administered in Appropriate samples in sexual assault will assist in
possible cases of drug-facilitated sexual assault. Specific determining the nature of sexual contact, the gender
questions are also asked about events after the assault and possibly identity of the assailant and possible links
as these may affect subsequent findings or recovery of with other offences. Samples that may be required
evidence. Such questions include ‘Since the assault have include buccal swabs (for DNA), blood (for drugs and
you… noted pain… noted bleeding… brushed teeth… alcohol), urine, hair (head and pubic), nails and swab
passed urine… defaecated… douched?’ A full medical samples from body orifices, mouth, ears, nose and geni-
history must include past medical history, past surgical talia, including vulva, vagina, cervix, penis, anal canal
history, past gynaecological history, menstrual history and rectum. Appropriate sample kits, assembled with
and past psychiatric history so that, if necessary, any appropriate quality control, for particular areas of the
influence of these on examination findings can be con- body should be used wherever possible (Figure 17.3)
sidered. Previous sexual history should not generally be Sampling must conform to agreed protocols and a clear
relevant, but it is important to enquire sensitively about chain of custody established. The Faculty of Forensic &
recent sexual activity before the alleged assault and Legal Medicine provides guidance as to sampling and
sexual activity after the assault. The appropriateness an example of guidance for some samples is shown
of the need for this information is still subject to some in Figure 17.4. This guidance is updated regularly and
debate. Based on this history, an appropriate examina- as with all published guidance, practitioners should
tion can be undertaken to collect appropriate evidential ensure that they are using the most recent version.
samples. Figure 17.2a–d shows the specifics of informa- Table 17.1 summarises the type of sample and what
tion that should be sought from the complainant. may be achieved from analysis of such a sample. In all
The nature of the examination of the adult in sexual cases if uncertain, confirm with forensic science labo-
assault cases is determined in part by the history elic- ratories (1) the type of specimen required and (2) how
ited, in that certain points may direct an examiner to it should be stored to ensure optimum preservation.
areas of particular interest. The following should always Samples should be taken in the light of the known his-
be documented: weight, height (and Body Mass Index), tory and accounts of events. If there is any doubt whether
general appearance, skin abnormalities of changes (e.g., a particular sample may be relevant it is better to take
scars, tattoos, piercing) and appearance of the hair (e.g., a sample and retain it for later analysis. In the case of
dyed, shaved). a suspect the doctor should advise the police investiga-
A standard general physical examination will be car- tors regarding samples as legal requirements will need
ried out and a detailed physical, external examination to be observed in order to appropriately request samples.
which identifies injury or abnormality. The absence of Control swabs may be required, depending on local lab-
injury and abnormality is also recorded. This examina- oratory protocols and standard operating procedures.
tion will be documented on body diagrams and images The persistence of evidentially relevant materials is
of abnormalities should be taken. The external exami- variable and advice should be sought from a forensic
nation will focus on those areas likely to have been in scientist or forensic toxicologist if uncertain whether
physical contact with an alleged assailant and which it is appropriate to take a sample. In general, foreign
Evidential samples and documentation of findings 233

(a)

12. Details of the Assault from Complainant


Asked to direct forensic sampling and determine risk of STIs and pregnancy (see Medical Aftercare)

Confirmation / additions from complainant (verbatim & recorded contemporaneously) _____________________

___________________________________________________________________________________________

___________________________________________________________________________________________

Kissing/licking/biting/ (details, including sites)


NOT KNOWN / NO / YES
sucking/spitting?

Mouth to (details)
NOT KNOWN / NO / YES
genitalia/anus?

Digit to (details)
NOT KNOWN / NO / YES
vulva/vagina/anus?

Penis into (details)


NOT KNOWN / NO / YES
vulva/vagina?

(details)
Penis into mouth? NOT KNOWN / NO / YES

(details)
Penis into anus? NOT KNOWN / NO / YES

(details, including sites)


Ejaculation? NOT KNOWN / NO / YES

Object to (details)
NOT KNOWN / NO / YES
vulva/vagina/anus?

Other sexual/physical (details)


NOT KNOWN / NO / YES
act(s)

(details)
Injuries? NO / YES

(details)
Ano-genital bleeding? NO / YES

(details)
Weapon used? NOT KNOWN / NO / YES

(details)
Damage to clothing? NO / YES

Figure 17.2 (a) Details of Assault from the Complainant. (From the Faculty of Forensic & Legal Medicine pro forma for
adult female and male forensic sexual assault examination [https://fflm.ac.uk/wp-content/uploads/2014/04/Proforma-
for-ADULT-female-and-male-forensic-sexual-assault-examination-JULY-2010.pdf].)
(Continued)
234 Sexual assault, genitoanal injury and female genital mutilation

(b)

13. Details of Assailant(s)


Asked to determine risk of STIs (see Medical Aftercare)

Confirmation / additions from complainant (verbatim & recorded contemporaneously)


___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

14. Post Assault ask if relevant

Eaten NOT KNOWN/ NO / YES

Drank NOT KNOWN/ NO / YES

Passed urine NOT KNOWN/ NO / YES (note time)

Bowels open NOT KNOWN/ NO / YES

Wiped/ washed NOT KNOWN/ NO / YES (specify site and disposal of eg cloth/tissue)

(specify)
Changed clothes

(sites)
Self harm

Brushed: teeth / gums / dentures

Mouth wash / spray used

Circle:

Washed / bathed / showered / douched

Changed tampon / pad / sponge / diaphragm

Figure 17.2 (Continued) (b) Details of Assailant(s) and Post Assault events. (From the Faculty of Forensic & Legal
Medicine pro forma for adult female and male forensic sexual assault examination [https://fflm.ac.uk/wp-content/
uploads/2014/04/Proforma-for-ADULT-female-and-male-forensic-sexual-assault-examination-JULY-2010.pdf].)
(Continued)
Evidential samples and documentation of findings 235

(c)

15. Direct Questions ask if relevant

If yes, note if previously experienced


Since assault Details
the problem described

Abdominal pain

Urinary symptoms

eg dysuria, frequency,
haematuria, incontinence, UTI

Genital symptoms

eg soreness, discharge, bleeding,


dyspaerunia, pruritis,injuries

Bowel symptoms

eg soreness, pain on
defaecation, discharge, bleeding,
change in bowel habit,
incontinence, pruritis, injuries

Figure 17.2 (Continued) (c) Direct Questions to be asked of complainant. (From the Faculty of Forensic & Legal
Medicine pro forma for adult female and male forensic sexual assault examination [https://fflm.ac.uk/wp-content/
uploads/2014/04/Proforma-for-ADULT-female-and-male-forensic-sexual-assault-examination-JULY-2010.pdf].)
(Continued)
236 Sexual assault, genitoanal injury and female genital mutilation

(d)

16. Sexual History


(note who was present when taken) Asked to assist with interpretation of forensic evidence and medical aftercare – for the latter the time
frame may need to be extended to ‘since last normal menstrual period’

Dates and times of other relevant sexual activity within the previous 10 days ____________________________

___________________________________________________________________________________________

Items used in previous intercourse

Condom NOT KNOWN / NO / YES Spermicide NOT KNOWN / NO / YES

Lubricant NOT KNOWN / NO / YES Other (specify) ____________________________________

If relevant, clarify types of intercourse in last 10 days only: ____________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

17. Drug and Alcohol Use In Relation To Assault


Was alcohol consumed? NOT KNOWN / NO / YES

If yes, please specify Prior / During / After Offence

Start of drinking __________________________ End of drinking ___________________________

Quantity and type of beverage consumed __________________________________________________

Time last ate ________________________________________________________________________

Have any illicit drugs been used by/administered to the subject within 4 days of the examination?

NOT KNOWN / NO / YES

If yes, please specify Prior / During / After Offence

Give details __________________________________________________________________________

___________________________________________________________________________________________

Are any other substances suspected of having been used by/administered that could be relevant to the offence?

If yes, please specify Prior / During / After Offence

Give details __________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

If applicable – drugs/alcohol history _____________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

Figure 17.2 (Continued) (d) Sexual History: Drug and Alcohol Use in Relation to Assault. (From the Faculty of Forensic
& Legal Medicine pro forma for adult female and male forensic sexual assault examination [https://fflm.ac.uk/wp-con-
tent/uploads/2014/04/Proforma-for-ADULT-female-and-male-forensic-sexual-assault-examination-JULY-2010.pdf].)
Medical findings after sexual contact 237

Many factors may affect the severity of injury in


sexual assault cases. Similar injuries may be seen in
both consensual and non-consensual sexual contact.
Some of the factors that may influence the possibility
of genital injury are age of the complainant, type of
sexual activity, relative positions of the participants
and degree of intoxication of either or both of the par-
ticipants. Consensual insertion or attempts at insertion
of a finger or fingers, penis or any other object into the
vagina may result in bruises, abrasions and lacerations
of the labia majora, labia minora, hymen and posterior
fourchette. Consensual digital vaginal penetration may
result in accidental fingernail damage or injury to parts
Figure 17.3 Example of pre-packed quality controlled of the female genital tract that may not be noticed at
sample kit. (Courtesy of Jason Payne-James.) the time.
Non-genital injury of even a minor nature can often
be very significant evidentially, particularly in the
biological fluids (e.g., semen) can be detected in the absence of genital injury, and corroborate accounts of
mouth up to about 48 hours after contact, in the anus or assault. Marks of blunt contact (e.g., punches, kicks),
rectum up to about 3 days and in the vagina or endocer- restraint (e.g., ties around wrists or ankles, grip marks)
vix up to about 7 days. and bite marks are all examples of non-genital inju-
As with all forensic assessments, documentation ries seen in sexual assault complainants (Figure 17.5).
of genito-anal injuries must be thorough, legible and Occasionally, false allegations do occur and analysis of
meticulous, recording relevant positive and nega- the character and nature of the injury in the light of the
tive findings. Documentation of findings should be in accounts given is crucial in determining whether there
written form (ideally using standardised proforma), may be any suggestion of deliberate self harm.
with body diagrams accompanying all written notes. Anal penetrative intercourse is part of the normal
Nowadays, photographic images should be taken of all sexual repertoire of many couples of all sexual orien-
abnormalities, with colour bars and scales in all images. tations. Consensual anal intercourse can (in the same
If colposcopy has been used for genito-anal assessment, way as vaginal sex) be pain and discomfort free and
photographic or video recordings (e.g., DVD) should, generally does not leave any residual visible injury.
wherever possible, be used. Most jurisdictions will have Non-consensual anal intercourse if done without force,
guidelines for the safe custody and viewing of such sen- with or without lubrication and without physical resis-
sitive images. tance on the part of the person being penetrated may
also leave no residual injury and may be pain free. The
Medical findings after sexual effects of drugs and alcohol may make penetration eas-
contact ier. The likelihood of pain or injury in non-consensual
anal intercourse may be increased:
The interpretation of findings after sexual assault,
unlike the assessment and documentation of findings,
• In someone who has not experienced anal inter-
should only be undertaken by a practitioner experi-
course.
enced in such assessments and fully aware of current
• In the absence of lubrication.
published medical literature concerning physical find-
• If force is used.
ings after sexual assault. It is incorrectly assumed by
• If there is great disparity between the size of the
many that sexual assaults will always result in injury
anus (which varies little in the adult) and the penis
to the victim whether adult or child. In the majority of
(which may vary a lot).
cases medical abnormalities (in both adults and chil-
dren) will be absent. If present, they may heal within The types of injury include bruises, fissures or tears.
a few days. Conversely, consensual sexual activity can In the absence of repeated trauma, any fissures, tears or
result in injury to the body and genitalia. The presence lacerations would be expected to heal within 2 weeks or
or absence of injuries in association with allegations of so and leave no residual marks. It is important for any
sexual assault do not by themselves indicate whether practitioner to be aware of, or to be able to distinguish,
the particular activity was consensual or non-consen- abnormalities caused by medical conditions that may
sual, and it is essential that these facts are understood mimic, or be mimicked by injury after sexual contact.
when reporting and interpreting findings. Common conditions include anal fissure caused by
238
Sexual assault, genitoanal injury and female genital mutilation

Figure 17.4 Recommendations for the collection of forensic specimens from complainants and suspects, 2019. (From Faculty of Forensic & Legal Medicine.)
Female genital mutilation 239

Table 17.1 Type of sample taken and what may identified by analysis
Sample type What may be identified by analysis
Blood Presence and amount of alcohol and drugs; identify DNA
Urine Presence and amount of alcohol and drugs
Hair (head), cut and Identify biological fluids (wet and dry); foreign material (e.g., vegetation, glass, paint, fibres);
combed comparison with other hairs found on body; past history of drug use
Hair (pubic), cut and Identify biological fluids (wet and dry); foreign material (e.g., vegetation, glass, fibres);
combed comparison with other hairs found on body; past history of drug use (prescribed; licit and illicit)
Buccal scrape DNA profiling
Skin swabs (at sites of Identify biological fluids (e.g. semen, saliva – wet and dry); cellular material; lubricant
contact) (e.g., KY, Vaseline)
Mouth swabs Identify semen
Mouth rinse Identify semen
Vulval swab Identify biological fluids (e.g., semen, saliva); foreign material (e.g., hairs, vegetation, fibres)
Low vaginal swab Identify body fluids (e.g. semen, saliva); foreign material (e.g., hairs, vegetation, fibres);
identify biological fluids (e.g., semen, saliva); foreign material (e.g., hairs, vegetation, fibres)
High vaginal swab Body fluids (e.g., semen, saliva); foreign material (e.g., hairs, vegetation, glass, fibres); identify
biological fluids (e.g., semen, saliva); foreign material (e.g., hairs, vegetation, fibres)
Endocervical swab Identify biological fluids (e.g., semen)
Penile swabs (shaft, glans, Identify biological fluids (e.g., semen)
coronal sulcus)
Perianal swabs Identify biological fluids (e.g., semen)
Anal swabs Identify biological fluids (e.g., semen)
Rectal swabs Identify biological fluids (e.g., semen)
Fingernail swabs, cuttings Identify foreign material (e.g., skin cells), matching of broken nails
or scraping

constipation, threadworm, poor hygiene and inflam-


matory bowel conditions.
Female genital mutilation
Female genital mutilation (FGM) includes procedures
that intentionally alter or cause injury to the female gen-
Care after sexual assault ital organs for non-medical reasons. The World Health
Care of those who have been sexually assaulted is most Organisation states that
appropriately managed in SARCs by those with special- The procedure has no health benefits for girls and
ist skills or access to others such as genitourinary medi- women. Procedures can cause severe bleeding and
cine specialists who can provide the most appropriate problems urinating, and later cysts, infections, as
and up to date post-assault treatment and advice. It well as complications in childbirth and increased risk
should be the responsibility of the examining doctor or of newborn deaths. More than 200 million girls and
healthcare professional to ensure that appropriate post- women alive today have been cut in 30 countries in
assault prophylaxis against pregnancy, or HIV or other Africa, the Middle East and Asia where FGM is con-
centrated. FGM is mostly carried out on young girls
genitourinary conditions are anticipated. Counselling or
between infancy and age 15.
psychological support should also be offered to support
complainants. Proactive support should be offered and FGM is a violation of the human rights of girls and
follow-up should be provided so that vulnerable individ- women. It is known to be harmful to girls and women in
uals do not have the problems associated with the initial many ways. It is painful and traumatic. FGM can cause
assault compounded by poor or absent care later. several immediate and long-term health consequences.
240 Sexual assault, genitoanal injury and female genital mutilation

(a) of FGM performed and the amount of tissue that is cut,


which may vary between the types. Type IV comprises a
variety of practices that do not involve removal of tissue
from the genitals. Though limited research has been car-
ried out on Type IV FGM, in general, these forms appear
to be less associated with harm or risk than the types I, II
and III, that all involve removal of genital tissue.
The Types of FGM are:
Type I: Partial or total removal of the clitoris and/or
the prepuce (clitoridectomy). When it is important to
distinguish between the major variations of Type I muti-
lation, the following subdivisions are proposed:
• Type Ia, removal of the clitoral hood or prepuce
only
(b) • Type Ib, removal of the clitoris with the prepuce
Type II: Partial or total removal of the clitoris and
the labia minora, with or without excision of the labia
majora (excision). When it is important to distinguish
between the major variations that have been docu-
mented, the following subdivisions are proposed:
• Type IIa, removal of the labia minora only
Figure 17.5 (a) Fingertip/hand bruising seen on inner • Type IIb, partial or total removal of the clitoris and
aspect of thigh; (b) Scleral haemorrhages with some the labia minora
facial petechiae due to strangulation. These both rep- • Type IIc, partial or total removal of the clitoris, the
resent typical extra-genital injuries that may be seen in labia minora and the labia majora
cases of sexual assault.
Type III: Narrowing of the vaginal orifice with cre-
Dependent on the nature of FGM it can cause excessive ation of a covering seal by cutting and appositioning the
bleeding, swelling of genital tissue and problems urinat- labia minora and/or the labia majora, with or without
ing, and severe infection that can lead to shock and in excision of the clitoris (infibulation). When it is impor-
some cases, death, as well as complications in childbirth tant to distinguish between variations in infibulations,
and increased risk of perinatal deaths. Communities the following subdivisions are proposed:
that practise FGM report a variety of sociocultural rea- • Type IIIa, removal and apposition of the labia
sons for continuing with it. From a human rights per- minora
spective, the practice reflects deep-rooted inequality • Type IIIb, removal and apposition of the labia
between the sexes, and constitutes an extreme form of majora
discrimination against women. FGM is generally car-
ried out on minors and is therefore a violation of the Type IV: All other harmful procedures to the female
rights of the child. The practice also violates the rights genitalia for non-medical purposes, for example: prick-
to health, security and physical integrity of the person, ing, piercing, incising, scraping and cauterisation.
the right to be free from torture and cruel, inhuman or In England & Wales, the FGM mandatory reporting
degrading treatment, and the right to life when the pro- duty is a legal duty provided for in the FGM Act 2003 (as
cedure results in death. FGM comprises all procedures amended by the Serious Crime Act 2015). The legislation
involving partial or total removal of the external female requires regulated health and social care professionals
genitalia or other injury to the female genital organs for and teachers in England & Wales to make a report to the
non-medical reasons. police where, in the course of their professional duties,
The WHO/UNICEF/UNFPA Joint Statement classi- they either: are informed by a girl under 18 that an act
fied FGM into four main types. Experience with using of FGM has been carried out on her; or observe physical
this classification has revealed the need to subdivide signs which appear to show that an act of FGM has been
these categories to capture more closely the variety of carried out on a girl under 18 and they have no reason to
procedures. Although the extent of genital tissue cutting believe that the act was necessary for the girl’s physical
generally increases from Type I to III, there are excep- or mental health or for purposes connected with labour
tions. Severity and risk are closely related to the ana- or birth. For the purposes of the duty, the relevant age is
tomical extent of the cutting, including both the type the girl’s age at the time of the disclosure/identification
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Santos JC, Neves A, Rodrigues M, Ferrão P. Victims of sexual Yap L, Richters J, Butler T, et al. The decline in sexual assaults in
offences: medico-legal examinations in emergency settings. men’s prisons in New South Wales: a "systems" approach. J
J Clin Forensic Med 2006;13:300–303. Interpers Violence 2011;26(15):3157–3181.
Schilling S, Deutsch SA, Gieseker R, et al. Improving HIV post- Zawati HM. Impunity or immunity: wartime male rape and sexual
exposure prophylaxis rates after pediatric acute sexual torture as a crime against humanity. Torture 2007;17(1):27–47.
assault. Child Abuse Negl 2017;69:106–115. Zilkens RR, Phillips MA, Kelly MC, et al. Non-fatal strangulation in
Schneider K, Richters J, Butler T, et al. Psychological distress and sexual assault: a study of clinical and assault characteristics
experience of sexual and physical assault among Australian highlighting the role of intimate partner violence. J Forensic
prisoners. Crim Behav Ment Health 2011;21(5):333–349. Leg Med 2016;43:1–7.
Sexual Offences Act 2003. http://www.legislation.gov.uk/ Zilkens RR, Smith DA, Kelly MC, et al. Sexual assault and general
ukpga/2003/42/contents (Accessed 10 May 2019). body injuries: a detailed cross-sectional Australian study of
Seyller M, Denis C, Dang C, et al. Intimate partner sexual assault: 1163 women. Forensic Sci Int 2017;279:112–120.
traumatic injuries, psychological symptoms, and perceived
social reactions. Obstet Gynecol 2016;127(3):516–526.
Sommers MS, Zink T, Baker RB, et al. The effects of age and eth-
Further general resources
nicity on physical injury from rape. J Obstet Gynecol Neonatal Payne-James JJ, Newton MA, Bassindale C. Forensic sci-
Nurs 2006;35:199–207. ence, forensic medicine and sexual crime. In: Radcliffe P,
Stephens T, Cozza S, Braithwaite RL. Transsexual orientation in Gudjonsson G, Heaton-Armstrong A (eds). Witness Testimony
HIV risk behaviours in an adult male prison. Int J STD AIDS in Sexual Cases. Oxford: Oxford University Press; 2016.
1999;10(1):28–31. UN Entity for Gender Equality and the Empowerment of
Sturgiss EA, Tyson A, Parekh V. Characteristics of sexual assaults in Women (UNWOMEN). Violence against women prevalence
which adult victims report penetration by a foreign object. J data: surveys by country. http://www.endvawnow.org/
Forensic Leg Med 2010;17:140–142. uploads/browser/files/vawprevalence_matrix_june2013.pdf
Sugar NF, Fine DN, Eckert LO. Physical injury after sexual (Accessed 10 May 2019).
assault: findings of a large case series. Am J Obstet Gynecol UN Office on Drugs and Crime. HIV/AIDS prevention, care, treat-
2004;190:71–76. ment and support in prison settings: a framework for an
Tsai AC, Eisa MA, Crosby SS, et al. Medical evidence of human effective national response, 2006. https://www.unodc.org/
rights violations against non-Arabic-speaking civilians in pdf/HIV-AIDS_prisons_July06.pdf (Accessed 16 May 2019).
Darfur: a cross-sectional study. PLoS Med 2012;9(4):e1001198. UN Office on Drugs and Crime. HIV prevention, treatment and
UNICEF Female Genital Mutilation/Cutting: A Global Concern. care in prisons and other closed settings: a comprehen-
New York: UNICEF; 2016. sive package of interventions, 2013. https://www.who.int/
US Department of Justice. Justice Department releases final rule to hiv/pub/prisons/interventions_package/en/ (Accessed 13
prevent, detect and respond to prison rape. http://www.justice. August 2019).
gov/opa/pr/justice​- department-releases-final-rule-prevent- UN Third Committee of the UN General Assembly. UN Standard
detect-and-respond-prison-rape (Accessed 10 May 2019). Minimum Rules for the Treatment of Prisoners (the Nelson
White C. Genital injuries in adults. Best Pract Res Clin Obstet Mandela Rules), 2015. https://www.un.org/en/events/mande-
Gynaecol 2013;27(1):113–130. laday/mandela_rules.shtml (Accessed 16 May 2019).
18 Safeguarding and protection
of children and vulnerable
adults
▪▪ Introduction ▪▪ Neglect and emotional abuse
▪▪ Child abuse and neglect ▪▪ Fabricated or induced illness in children
▪▪ Definitions ▪▪ Management of child abuse
▪▪ Legislation in England & Wales ▪▪ Safeguarding vulnerable adults
▪▪ Safeguarding children and young people ▪▪ Elder abuse
▪▪ Physical abuse ▪▪ Bibliography and information sources
▪▪ Sexual abuse ▪▪ Further general resources

Introduction decide whether harm is significant, the health and devel-


opment of the child is ‘compared with that which could
It is now well recognised that children and adults world- reasonably be expected of a similar child’. Other jurisdic-
wide can be vulnerable and at risk of neglect or assault, tions will utilise their own definitions and terminology.
due to the circumstances in which they find themselves, Thresholds for determining what constitutes significant
and their vulnerability might fluctuate over time as harm will also vary. Safeguarding children and young
those circumstances change. Article 19 of the United people is a responsibility for all of society and in health-
Nations Convention on Rights of the Child (UNCRC) care is an essential element of child health provision. The
states that: roles and responsibilities of those in contact with or treat-
ing children and potentially vulnerable adults, and their
Children have the right to be protected from being hurt
and mistreated, physically or mentally. Governments
duties of care, are much better defined in many countries
have a duty to ensure that children are properly cared now, with a more proactive approach to intervening at
for and to protect them from violence, abuse and early stages when concerns about wellbeing are raised.
neglect by their parents or anyone else who looks after Recognition of child (and elder) abuse is not a new prob-
them. lem, and can occur in many forms, and can be interpreted
in various ways in different cultures. Child sexual abuse
Governments and other agencies seek to protect may be universally condemned, but use of children as
children and adults who might be vulnerable through cheap labour, for example, may not be seen as abuse by
a process known as ‘safeguarding’ – a concept based every society or culture.
on consent, balancing autonomy with protection from
a risk of harm. Child safeguarding is not defined in
law but has been described as: ‘Arrangements to take Child abuse and neglect
all reasonable measures to ensure that risks of harm to Child abuse can result in adverse physical outcomes
children’s welfare are minimised.’ The key e­lements are: (death, injury), psychiatric, psychological and behav-
ioural disorders (persisting into adulthood) may ensue,
• Protecting children from maltreatment.
together with developmental delay, growth retarda-
• Preventing impairment of children’s health or
tion and failure to thrive. Increased drug and alcohol
development.
misuse and self-injurious behaviour are also observed.
• Ensuring that children are growing up in circum-
There is also a clear increased risk of children who have
stances in which care is safe and effective.
been abused, becoming abusers themselves as adults.
• Enabling children to have optimum life chances
The risk factors for abuse can be classified according to
and to enter adulthood successfully.
the children themselves (e.g., behavioural issues, being
‘Child protection’ is the term used to refer to the activ- adopted), parents (e.g. drug, alcohol or mental health
ity taken to protect children who are suffering or at risk issues, domestic violence) and environmental and
of suffering significant harm. Such harm is defined in social factors (e.g., poverty, unemployment, single par-
England under Section 31 of the Children Act 1989 as: ‘ill ent). For many children, multiple predisposing factors
treatment or the impairment of health or development’. To for increased risks of abuse are present.
Legislation in England & Wales 245

Definitions Neglect is the persistent failure to meet a child’s basic


physical or psychological needs, likely to result in the
Article 1 of the United Nations Convention on the Rights serious impairment of the child’s health or develop-
of the Child (UNCRC) defined children as persons under ment. It may involve a parent or carer failing to provide
18 years of age. This age limit may be applied variably adequate food, shelter and clothing, failing to protect a
in different cultures, and jurisdictions may vary in how child from physical harm or danger, or failing to ensure
that age limit is applied. The UNCRC places a duty on the access to appropriate medical care or treatment.
state to promote the wellbeing of all children in its juris- Most jurisdictions now have laws, statutes or codes
diction. Article 3 of the Convention states that any deci- in place aimed at protecting children and identifying
sion or action affecting children, either as individuals those children at risk.
or as a group should be focused on their best interests.
Child abuse can be defined in a number of ways and
many governments have systems in place to ensure that Legislation in England & Wales
health professionals recognise that they have an overrid- Legislation in England & Wales provides a structure to
ing duty to report concerns if they believe that the child the management of such cases. The Children Acts of
may be at risk of harm. Some jurisdictions have man- 1989 and 2004 set out specific duties: Section 17 of the
datory reporting of all suspected child abuse whereas Children Act 1989 puts a duty on the local authority to
others may focus on single issues such as female genital provide services to children in need in their area, regard-
mutilation (FGM). There are advantages and disadvan- less of where they are found; Section 47 of the same Act
tages to mandatory reporting of child maltreatment and requires local authorities to undertake enquiries if they
it remains a matter of substantial debate. Physical abuse believe a child has suffered or is likely to suffer signifi-
of a child is defined by the World Health Organisation cant harm. The Director of Children’s Services, and Lead
(WHO) as ‘that which results in actual or potential physi- Member for Children’s Services in local authorities, are
cal harm from an interaction or lack of interaction which the key points of professional and political accountabil-
is reasonable within the control of a parent or person in a ity, with responsibility for the effective delivery of these
position of responsibility, power or trust’. In 1962, Henry functions.
Kempe identified ‘the battered child syndrome’. The The Children Act 1989 identified a number of prin-
term ‘Non-Accidental Injury’ (NAI) generally describes ciples including:
injury that was considered to be inflicted by another and
by inference as a deliberate assault. • The child’s welfare being the court’s paramount
Within the UK, child abuse is classified as physical consideration (‘the paramountcy principle’).
abuse, emotional abuse, sexual abuse and neglect. All • Parents have prime responsibility for bringing up
can occur concurrently. children.
Examples of physical abuse include hitting, shak- • Local authorities should provide supportive ser-
ing, throwing, poisoning, burning or scalding, drown- vices to help parents in bringing up children.
ing, or when a parent or carer feigns the symptoms of, • Local authorities should take reasonable steps to
or deliberately causes, ill-health to a child whom they identify children and families in need.
are looking after. • Every local authority should have a register of chil-
Emotional abuse is the persistent emotional ill- dren in need.
treatment or neglect of a child such as to cause severe • Sensitivity to ethnic considerations in assessing a
persistent adverse effects on the child’s emotional devel- child’s needs and providing services.
opment. For example, it may involve seeing or hearing
the ill-treatment of another. It may involve serious bul- The 1989 Act created protection orders for children
lying, causing children frequently to feel frightened or ‘at-risk’ including:
in danger, or the exploitation or corruption of children.
Emotional abuse to a greater or lesser degree is involved • Emergency Protection Orders: for which any per-
in all types of ill-treatment of a child, although it may son may apply to court and then has parental
occur alone. responsibility for the child.
Sexual abuse involves forcing or enticing a child • Police Protection Provision: by which a police offi-
or young person to take part in sexual activities. Such cer can take a child into police protection without
activities may include physical contact, including pen- assuming parental responsibility.
etrative or non-penetrative sexual acts; non-contact • Child Assessment Orders: which allow proper
activities, such as involving children in looking at, or assessment of a child up to 7 days.
being involved in the production of, pornographic mate- • Care and Supervision Orders: which allow the
rial or watching sexual activities, or encouraging chil- child to be placed in the care of, or under supervi-
dren to behave in sexually inappropriate ways. sion of, the local authority for up to 8 weeks.
246 Safeguarding and protection of children and vulnerable adults

The Act used the term ‘harm’ to describe the effects to support children living with relatives, family, friends
of ill-treatment and poor care leading to injury, impair- and foster families, or sometimes, especially for older
ment of health or development of a child. The term ‘sig- young people, in children’s homes and units. The quality
nificant harm’ was used to determine the severity of the of life of such children is of major concern and should
ill-treatment and is the threshold for compulsory inter- be assessed. In the UK, the Children’s Commissioner
vention in child protection cases. All police services publishes the ‘Stability Index’ which provides an annual
within the UK should now have specialist Child Abuse measure of the stability of the lives of children in care.
Investigation Units tasked with investigating suspected
cases of child abuse.
Physical abuse
Physical abuse takes many forms. Children are prone to
Safeguarding children and young injury as a result of accident and play and sports, and the
type and site of injury will relate to those factors as well
people as their age and mobility. Deciding whether an injury
In response to a number of high-profile deaths of chil- represents an accident or physical abuse can be chal-
dren, the Children Act 2004 imposed a duty on local lenging. A number of systematic reviews provide practi-
authorities to establish Local Safeguarding Children tioners with a reliable evidence base to assist in making
Boards, which have overall responsibility for deciding diagnoses of physical abuse. (See Boxes 18.1–18.6 which
how relevant organisations work together to safeguard summarise some of these findings.)
and promote the welfare of children in their areas. The prevalence, number and location of bruising
Where statutory child protection proceedings have relates to motor development. Non-abusive bruises tend
been initiated, then a local authority social care worker to be small, sustained over bony prominences, and found
is tasked with taking the lead in supporting and safe- on the front of the body (Figure 18.1a and b). In children
guarding the child. Serious case reviews are undertaken alleged to have been subject to abuse, bruising is com-
when a child dies or is seriously injured, and abuse or mon. Certain parts of the body are particularly vulner-
neglect are known or suspected to be factors in the able. Significantly more children with physical abuse
death. They are carried out under the auspices of Local had bruises, and had significantly more sites affected.
Safeguarding Children Boards so that lessons can be The odds of a physically abused child having bruising to:
learned locally. Children in care are children who are buttocks/genitalia, left ear, cheeks, neck, trunk, front of
‘looked after’ by a local authority under the Children thighs and upper arms were significantly greater than
Act 1989 and Social Services and Wellbeing Act 2014. in children where abuse was excluded. Petechiae, lin-
The term ‘looked-after children’ is utilised in both stat- ear or bruises with distinct pattern, bruises in clusters,
ute and guidelines. Looked-after children are those additional injuries or a child known to social services for
that are given accommodation away from their families previous child abuse concerns were significantly more
at the request of their parent and those in care as the likely in physical abuse. Figure 18.2 shows areas on the
result of a Care Order. The Looked-after Children ser- body where bruises were significantly more likely to
vice is responsible for children who cannot, for what- occur in a child with confirmed physical abuse than in
ever reason, live with their families. The service aims one where physical abuse was excluded.

Box 18.1 Systematic review of evidence relating to physical child abuse


With increasing health professional, legal and public of trained critical appraisal reviewers was created. The
expectations that child abuse should operate from 15 systematic reviews address all aspects of physical
a clear scientific evidence base, The Cardiff Child abuse and are predominantly aimed at
PrOtection Systematic REviews project (CORE INFO),
• Addressing the recognition of abusive injuries.
was established in 2002. As the first of its kind world-
• Identifying characteristics that may distinguish
wide, it established a robust methodology for system-
them from unintentional injuries.
atically reviewing the predominantly observational
• The dating of such injuries.
literature in the field. These 15 systematic reviews are
• Optimal investigation strategies to detect occult
now held under the umbrella of the Royal College
injury.
of Paediatrics & Child Health under the title of Child
Protection Evidence. Drawing on a pool of profession- The systematic reviews are updated as new e
­ vidence
als, across all medical disciplines including radiology, becomes available.
pathology, surgery, paediatrics and dentistry, a panel
Physical abuse 247

Box 18.2 The main systematic review findings relating to thermal injury in


infants and children
 hanging trends indicate that scalds and non-scald
C samples. Notably, there is no evidence to support
burns are equally common among children now, partly the lack of splash marks as an indicator of abusive
contributed to by a rise in contact burns due to hair scalds, which may be due to newer taps producing
styling devices, such as hair straighteners. aerated water, where individual droplets are not
sufficiently hot to cause a scald.
• High-quality comparative data of scalds suggests • Abusive non-scald burns lack high-quality com-
that those due to abuse are more likely to be caused parative studies, thus precise distinguishing fea-
by hot water (rather than beverages), immersion tures are harder to define. Contact burns are the
rather than pull-over or spill injuries, and to involve most common intentional and unintentional burn,
the lower limbs, buttocks or perineum. although children have been subject to caustic,
• They may also involve the hands and forearms flame and irradiation burns.
(‘glove and stocking’ injuries), are usually bilateral • Characteristics of abusive contact burns include
but may involve a single limb. Characteristically, a clearly demarcated edge, present on the back,
they will have clear upper margins, and equal shoulders or buttocks, may be multiple and occur-
depth of burn, as opposed to accidental injuries ring across the age span. The pattern of the burn
which usually have an irregular margin and typi- may facilitate matching to the object that was the
cally involve the deepest burn at initial point of source of the heat.
contact (e.g., hand/arm), becoming more super- • Identification of burns due to being microwaved
ficial as the cooling liquid travels down the body. include characteristic sparing of the subcutane-
• Co-existent injuries can include fractures, other ous fat beneath burned epidermis and dermis, and
cutaneous injuries, prior burns and research sug- below the fat layer, significantly burned muscle
gests these children may show toxicology evi- with no nuclear streaming.
dence of exposure to illicit substances on hair

Box 18.3 The main systematic review findings relating to abdominal injuries


in infancy and childhood
• Abusive abdominal injuries are predominantly injuries are extremely rare in childhood, predomi-
blunt trauma (the exception being the insertion nantly resulting from high-impact collisions or
of long embroidery needles into the liver/caecum/ crush injury. Duodenal injuries sustained include
rectum, also described as being inserted into the intramural haematomas, perforation or transec-
brain of infants). tions, the latter being more common in abuse
• Solid and hollow organ injuries appear equally than other causes; typically, trauma was between
common, but hepatic injury may be underes- the 3rd and 4th part of the duodenum.
timated due to children’s capacity to compen- • The range of pancreatic injuries are similar, with a
sate for subcapsular haematomas and the lack high fatality rate among abused children. Further
of explicit sensitivity and specificity of screening intrabdominal injuries include hepatic, splenic,
with liver enzymes. renal, adrenal trauma, or gastric/colonic or blad-
• Key characteristics distinguishing abusive abdom- der rupture, or chylous ascites many, but not all,
inal injuries is the young age of the patients, with of whom had associated injuries including rib frac-
mean age of 3 years in contrast to the mean age tures or head injury.
of unintentional injuries being 7 years, although • It is notable that abdominal bruising was fre-
abusive duodenal injury may occur throughout quently absent, even in the presence of liver tran-
childhood. section, the reason for which is postulated to be
• No child less than two years of age has been that the impact is absorbed by the viscera, thus no
described with a duodenal injury from acciden- bruise is evident externally.
tal mechanisms. Both duodenal and pancreatic
248 Safeguarding and protection of children and vulnerable adults

Box 18.4 The main systematic review findings relating to infant and childhood
­abusive head trauma (AHT)
• The spectrum of injuries seen in AHT includes although both types of intracranial haemorrhage
intracranial, cutaneous and possibly cervical liga- are equally likely to be present in non-abusive
mentous injury. head trauma.
• There may be associated fractures, such as rib or • Extradural haemorrhage (EDH) is strongly associ-
metaphyseal, although the presence of skull frac- ated with non-abusive head trauma.
tures is more commonly associated with non-abu- • With increasing sophistication in neuro-imaging,
sive head trauma. it is apparent that hypoxic ischaemic injuries in
• The predominant intracranial association is sub- association with SDH are strongly associated with
dural haemorrhage (SDH), typically multiple, bilat- AHT.
eral, and which may be interhemispheric, over the • Cerebral oedema and shear injury are also asso-
convexities or in the posterior fossa. SDH may be ciated with AHT, but intra-parenchymal injury is
accompanied by subarachnoid haemorrhage, equally likely in abusive or non-abusive injury.

Box 18.5 The main systematic review findings relating to spinal injuries in


infancy and childhood
• Some of the most exciting new research evidence with posterior fossa SDH. It is not yet clear whether
relates to the pattern of ligamentous cervical these are due to tracking of blood through the
injury seen in association with AHT. subdural space, or are the result of trauma to the
• In the live child, these will only be identified if spine itself in association with AHT. Children who
magnetic resonance imaging (MRI) includes short exhibit significant cervical trauma, including frac-
T1 inversion recovery (STIR) sequences, which are tures or anterolisthesis, tend to be young infants
not routinely performed. with co-existent AHT. In contrast, those children
• The presence of nuchal, interspinous, posterior sustaining thoraco-lumbar injuries, including
atlanto-axial, posterior atlanto-occipital and cap- vertebral compression fractures (often multiple),
sule ligamentous injury was seen only in infants dislocations, subluxations or ligamentous injury,
with spinal trauma, not in those undergoing spi- tend to be older, with a mean age of 16 months,
nal imaging for medical reasons, and were sig- and may present with or without symptoms.
nificantly more common amongst those with AHT • Co-existent AHT is more common in the youngest
than those with direct trauma to the cervical spine. infants, but may still be present in the toddlers,
• Spinal cord injury per se is rare, although spinal and rib and limb fractures are also common co-
SDH extending throughout the spine to the lum- existent injuries.
bosacral area is now well recognised in association

Box 18.6 Types of injury in physical abuse


Head injury of all types: the assessment of possible non- Abdominal injury: all intra-abdominal organs can be
accidental (inflicted) infant head injury (which used damaged by direct impact (e.g., punches or stamps).
to be called ‘shaken-baby’ syndrome) is an extremely
Chest injury: squeezing or crushing can result in sub-
complex, and controversial area requiring multiprofes-
stantial injury including rib fractures, ruptured great
sional evaluation to determine the relevance of clinical
vessels and cardiac bruising.
and radiological findings.
Skeletal injury: a range of injuries may be seen, from
Skin injury: in particular it is important to recognise
frank fractures, via metaphyseal fracture to subperios-
possible slap marks, punch marks, grip marks, pinching
teal new bone formation.
and poking marks; certain injuries (e.g., cigarette burns)
are readily identifiable.
Physical abuse 249

(a) Right Left Left Right

Figure 18.2 Sites in children where bruising is signifi-


cantly more likely to occur following physical abuse.
(b) (From Kemp A, Maguire SA, Nuttall D, et al. Bruising in
children who are examined or suspected child abuse.
Arch Dis Child 2014;2:108–113.)

result from spill injuries of other hot liquids; they usu-


ally affect the upper body with irregular margins and
variable depth of burn (Figure 18.5). Box 18.2 details
the main systematic review findings relating to thermal
injury in infants and children.
In infants (under 18 months) physical abuse must
be considered in the differential diagnosis when they
Figure 18.1 (a) Bruises to left lower leg – typical site of present with a fracture in the absence of clear history
accidental bruising. (b) Bruising and swelling to left outer of trauma. Multiple fractures are more common after
eye in a 7-year-old female – running into a door. physical abuse than after accidental injury.
As with all suspected child abuse, it is essential to
know how the injury was disclosed, and the history
Figure 18.3a–c shows examples of non-accidental given to account for the injury. Frequently, there may be
bruising. All bruising, as with other findings in sus- conflicting accounts. Examples of features that should
pected child abuse, must be assessed in the context of raise concerns of possible abuse include discrepancies
medical, social and developmental history, the expla- in the history, a changing account, different accounts
nation given and the patterns of non-abusive bruising. by different carers and delays in presentation, and
Examples of patterns of bruising that should raise the inconsistency of the injury when compared with the
possibility of physical abuse include multiple bruises account(s). Specific enquiry should be made regarding
in a non-mobile infant, multiple facial bruising to the pre-existing conditions, which may cause excessive or
neck or abdomen, or patterned bruises. Multiple scars, easy bruising (e.g., haemophilia or other bleeding dia-
cigarette burns, bite marks or a torn frenulum should theses), or known dermatological conditions, which
also raise concerns for physical abuse. may mimic, or be mimicked by, physical abuse (such as
Intentional scalds or burns may take many forms psoriasis, or eczema). Other aspects that are essential
including application of lighted cigarettes, heated are the emotional, behavioural and developmental his-
implements, (Figure 18.4) or immersion injuries with tory, the nutritional history, family history (e.g., genetic
symmetrical, well-defined clear upper margins (tide or inherited disorders), social history and environmen-
marks). Unintentional scald injuries more commonly tal history.
250 Safeguarding and protection of children and vulnerable adults

(a)

(b)
Figure 18.4 Scar caused by application of heated cutlery
handle to lower limb and then moved across surface.

(c)

Figure 18.5 Accidental scald injury.

Physical examination requires a comprehensive


head to toe examination with appropriate consent. In
addition to a full general examination all scars, healing
injuries and new injuries must be noted.
Each injury, scar or mark must be examined and
documented in appropriate detail (preferably in writ-
ten form, on body diagrams, and photodocumented
with appropriate scaled rulers) so that they are capable
of proper independent, external review and interpreta-
tion. If injury is noted, consideration should be given to
repeat examination and serial photography to note the
evolution of injury or scars.
Figure 18.3 Bruises caused by non-accidental trauma. (a) If physical abuse is suspected then consideration
Inflicted injury-finger marks to neck from slap from hand must be given to a full radiographic skeletal survey,
by non-accidental injury (NAI). (b) Bilateral buttock bruis- which must subsequently be reviewed by a paediatric
ing in 6-year-old repeatedly struck with kitchen spatula. radiologist, and perhaps bone scintigraphy. Most juris-
(c) Periorbital bruising to 7 year old who sustained a dictions will have standard NAI screening protocols.
punch to the left eye (note also scleral haemorrhage). In addition, laboratory-based investigations may also
be required and include blood count, urinalysis, liver
function, amylase, calcium, phosphorus, vitamin D,
screen for metabolic bone disease; coagulation stud-
ies. Endocrinological or other conditions which may
Sexual abuse 251

none. Anal signs in particular are more likely to be


Table 18.1 Example of typical skeletal survey*
present in the acute phase (within the first 72 hours).
Radiographs should include: Speed is of the essence when disclosure of recent sexual
• Skull: AP & lateral & Townes if clinically indicated contact is made. Symptoms of longer-term abuse may
• Chest: AP & 2 oblique views for ribs be non-specific and include sleep disturbance, enure-
• Abdomen AP including pelvis & hips sis and encopresis. Injuries may be acute or old and
• Spine lateral - cervical, thoracic and lumbar regions include abrasion and bruising of the genitalia, acute
• Humerus AP (L & R) or healed tears of the hymen, anal bruising or lacera-
• Forearm AP (L & R) tions. Frequently there will be no abnormalities on
• Femur, AP (L & R) ­examination.
• Tibia/Fibula, AP (L & R) The principles of examination and documentation of
• Hands, PA (L & R) the sexually abused child are in many respects similar
• Feet, DP (L & R) to those of an adult but a joint examination by a paedia-
Source: Adapted from Royal College of Radiologists. Standards for
trician and a forensic physician is often recommended.
Radiological Investigations of Suspected Non-accidental There are increased complexities added by virtue of
Injury consent issues and authority for documentation, for
* Joint document produced in collaboration with the Royal College
example, with looked-after children. The need for pres-
of Paediatrics and Child Health. London: RCR, 2008. BFCR(08)1. ervation and security of items such as medical records
2016. images, and colposcope recordings often creates sub-
stantial logistical problems. Most jurisdictions will have
affect bone strength may requires specialist referral. specific guidelines and protocols.
Table 18.1 identifies a typical skeletal survey protocol. It is essential for a permanent record of the genital or
Supplementary views may be required such as AP anal findings to be obtained whenever a child is exam-
and lateral coned views of joints if not well seen on full ined for possible sexual abuse. A colposcope or camera
length views. Lateral views are required of any sus- may be used. The images must be of adequate quality
pected shaft fracture. Follow-up radiographs may be to demonstrate the clinical findings to other indepen-
required and are ideally performed 2 weeks after initial dent reviewers of the case. Further examinations may
survey. be required after initial assessments to determine
Interpretation of physical findings in physical abuse whether abnormalities or features evolve or change.
cases requires a full understanding of mechanisms of Examinations for acute or recent child sexual abuse
injury and how those mechanisms apply with respect are similar to those for adult sexual assault. Emphasis
to the accounts of causation (of which there may be sev- must be on as much detail of alleged events as possi-
eral) given (Box 18.6). ble to ensure proper consideration of body sites to be
examined and forensic samples to be taken. Genito-
anal examination may be particularly stressful for a
Sexual abuse child and is done at the end of the general assessment
There are many ways in which a child may disclose and examination. Genital examination can be done in
abuse; for example, it may be to a teacher, a friend or a the supine ‘frog-leg’ position with hips flexed and the
sibling. The sexual abuse may be chronic and long term soles of the feet touching, and if, for example, a hymenal
or it may be an acute or single episode. Reporting of abnormality is seen, the prone knee–chest position can
non-recent abuse has dramatically increased in recent additionally be used. A lateral position may be appro-
years. Such disclosure may have been delayed for many priate for some children, while others may be comfort-
decades, or for a few days in acute episodes, which may able held on a carer’s lap. Examiners must be aware of
result in loss of forensically supportive evidence. The a potential risk that an examination may further trau-
use of video interviews is widely accepted as a means of matise an already traumatised child. Therapeutic needs
getting accounts of children and in the UK all aspects of (e.g., for genital injury) may have priority over forensic
criminal investigations. ‘Achieving Best Evidence’ is a examination, but if treatment is required under general
strategy to ensure that the justice system is fair, acces- anaesthesia, thought should be given to forensic assess-
sible, and delivers the justice victims and witnesses ment, with appropriate consent at the time of therapeu-
need, deserve and demand. In particular, it ensures tic intervention.
that support is available to vulnerable and intimidated The need for examination following disclosure of
witnesses, including children. Pubertal and pre-puber- chronic or non-recent sexual abuse will need to take
tal girls are more likely to have significant genital signs into account its relevance. A physical examination of a
if they are examined within 7 days of the last episode of female alleging penetrative sexual assault pre-puber-
sexual abuse, although the majority are likely to have tally but disclosing in her thirties after vaginal delivery
252 Safeguarding and protection of children and vulnerable adults

of children will provide no information. Examination characteristics may indicate both neglect and emo-
of a pre-pubertal girl alleging vaginal penetration some tional abuse, for example, age-­inappropriate social
months earlier may have value. A male alleging historic skills (e.g., inability to use knife and fork), bedwet-
anal penetration with immediate pain and bleeding at ting and soiling, inability to self-dress, smoking, drug
the time may have persistent scarring. Review of medi- and alcohol misuse, sexual precocity and absenting
cal records of the individual at the time of the allega- from school. Certain features associated with possible
tions may provide helpful supportive evidence. neglect may be evident during assessment and physi-
The interpretation of physical signs found after cal examination and include unkempt child, ill-fitting
genito-anal assessment is a very difficult and complex or absent items of clothes, dirty or uncut nails, local skin
area. Most complainants of child sexual abuse have no infections/excoriations and low centiles for weight and
genito-anal abnormalities when examined after alleged height. However, some of these features may be seen in
sexual abuse. It is essential that precise and consistent normal, non-abused children. There may be a failure
terminology is used in the description of abnormality to thrive. There may be considerable geographical and
and injury so that abnormal findings are clearly under- cultural differences in the manifestation of such abuse.
stood (Box 18.7). The presence of certain infections may Certain groups of children are at particular risk of
have relevance in sexual abuse enquiries. The impli- emotional abuse such as unplanned or unwanted chil-
cations of these findings must be determined with an dren, looked-after children, children of the ‘wrong’
understanding of the context of presentation and a sex, children with behavioural issues and children in
detailed awareness of current research findings, and unstable or chaotic family settings. In the UK, emotional
may require additional expertise, for example, from abuse is most prevalent in 5 to 15-year-olds. Every prac-
genitourinary medicine or virology specialists. titioner should be aware of the particular risks and how
to identify matters of concern.
Neglect and emotional abuse
Childhood experiences, both positive and negative, Fabricated or induced illness in
have a tremendous impact on future violence victimi-
sation and perpetration, and lifelong health and oppor-
children
tunity. As such, early experiences are an important Fabricated or induced illness (previously known as
public health issue. Much of the foundational research Munchausen syndrome by proxy or factitious disorder
in this area has been referred to as Adverse Childhood by proxy) takes place when a caregiver elicits healthcare
Experiences (ACEs). As the implications of ACEs are on the child’s behalf in an unjustified way. It is a term
better recognised, research is identifying associations used to describe a relatively rare behavioural disor-
with features later in life such as non-suicidal injuri- der affecting a child’s primary caregiver, typically the
ous behavior. Additionally, a number of behavioural mother. The carer presents a false history or appear-
ance of illness for their child to healthcare profession-
als. Examples of how illness can be claimed, fabricated
or induced include manipulation of required drug regi-
Box 18.7 Features that may be seen in mens (e.g., in diabetics), suffocation and administration
sexual abuse of noxious substances (e.g., salt). Injury may be caused
to ears and eyes initiating otorhinolaryngological and
Genital erythema/redness/inflammation ophthalmological repeat referral. Such approaches
Oedema may result in the child presenting, or being presented
Genital bruising repeatedly to healthcare professionals with a range of
often inexplicable or puzzling symptoms. The motives
Genital abrasions
behind such behaviour are unclear, but psychiatric,
Hymenal transections mental health or attention-seeking problems may be
Hymenal clefts and notches associated with such behaviour. Management of the
Labial fusion perpetrator is largely dependent on their capacity to
acknowledge the abusive behaviour and collaborate
Vaginal discharge in pre-pubertal girls
with helping agencies.
Anal/perianal erythema
Perianal venous congestion Management of child abuse
Anal/perianal bruising The management of child abuse will depend on the
Anal fissures, lacerations, scars and tags type of abuse or abuses experienced and many other
Reflex anal dilatation factors such as their health, and where they are living.
Every jurisdiction will have its own legal requirements,
Elder abuse 253

policies, protocols and procedures. Every episode of


child abuse that is missed has the potential for a fatal
outcome or long-term harm to a child which is why
practitioners in contact with children must be ever
vigilant.

Safeguarding vulnerable adults


Ageing populations mean that more individuals will be
vulnerable by virtue of age and frailty. Other particularly
vulnerable adult groups include those with mental health
or learning difficulties. States must provide effective pro-
tection of vulnerable people against torture or inhuman/
Figure 18.7 A large sacral pressure sore extending
degrading treatment (Article 3 European Convention on
deeply into soft tissues and exposing bone in a woman in
Human Rights 1950) and, in England & Wales, multi-
her mid-forties with chronic mental health illness, living
agency Safeguarding Boards for the protection of vul-
with her family. Additional pressure areas with faecal
nerable adults at risk of abuse or neglect are required
contamination must raise the possibility of neglect of
by virtue of the Care Act 2014 in England, and the Social
vulnerable individuals and inadequate care nursing and
Services and Well-being (Wales) Act 2014 in Wales. The
medical care.
Domestic Violence, Crime and Victims Act 2004 intro-
duced the criminal offence of ‘causing or allowing the
death of a child or vulnerable adult, in England & Wales. the term ‘elder’ is applied varies between jurisdictions
A person could be convicted of this offence if they were, and in some settings may be applied to all those over 60
or ought to have been, aware of the risk of serious physi- years of age.
cal harm to a child or vulnerable adult, and failed to The UK’s ‘Action on Elder Abuse’ definition states:
take reasonable steps to protect them from that harm. ‘Elder abuse is a single, or repeated act, or lack of appro-
Figure 18.6 shows the torso of a vulnerable 19-year-old priate action, occurring within any relationship where
male who died suffering from severe malnutrition due there is an expectation of trust which causes harm or dis-
to familial neglect and Figure 18.7 shows the posterior tress to an older person.’ Types of abuse include, but are
thighs and buttocks of an immobile female with mental not limited to, psychological/emotional, physical, sexual
health conditions when found at home. abuse, and financial exploitation. There are concerns
that deaths that may have been attributed to natural
Elder abuse causes may have missed instances of abuse. Proper scru-
Elder mistreatment is now recognised internationally tiny of circumstances leading to death is crucial if crimes
as a pervasive and growing problem. The age at which or episodes of abuse and neglect are not to be missed.
The US National Academy of Sciences defined elder
abuse/mistreatment as: (a) intentional actions that
cause harm or create a serious risk of harm (whether or
not harm is intended), to a vulnerable elder by a care-
giver or other person who stands in a trust relationship
to the elder, or (b) failure by a caregiver to satisfy the
elder’s basic needs or to protect the elder from harm.
Elder abuse has received increasing global attention
in the last few decades. It takes many forms, includ-
ing physical, emotional/psychological, financial and
sexual abuse, as well as neglect. Screening for such
events should be standard practice for any healthcare
professional who is asked to assess injuries in such an
individual.
The WHO reported on the abuse of the elderly and
referred to studies showing a rate of abuse of 4–6%, in
domestic settings, if physical, psychological and finan-
Figure 18.6 The torso of a vulnerable 19-year-old cial abuse and neglect were included.
male suffering from severe malnutrition due to familial Some surveys of staff working in institutional set-
neglect. Note the prominence of the skeletal anatomy tings revealed that 10% admitted to committing at least
with the absence of muscle bulk. one act of physical abuse themselves, and 36% reported
254 Safeguarding and protection of children and vulnerable adults

Box 18.8 Risk factors for elder abuse/maltreatment


Individual (victim): • Inter-generational transmission of violence (‘cycle
• Older than 74 years of violence’)
• Woman • Shared living arrangements
• High levels of physical dependence or intellectual • Children or partner
disability
• Dementia Community:
• Social isolation (living alone with perpetrator,
• Depression
• Aggression/challenging behaviour and few social contacts)
• Lack of social support
Individual (perpetrator):
• Male (physical aggression); female (neglect) Societal:
• Ageism
• Depression
• Sexism
• Alcohol and substance abuse
• Racism
• Hostility/aggression
• Social and economic factors
• Financial problems
• Cultural normalisation of violence
• Stress/caregiver ‘burnout’

Relationship: Source: Adapted from Sethi et al., 2011 – ­individual risk factors


• Dependence of perpetrator on the victim in bold represent those with strong evidence, the
­(financial, emotional, accommodation) others are considered to be potential risk factors, or are
• Long-term history of difficulties in the relationship contested in the literature.

having witnessed an incident of physical abuse by other British Medical Association. Children & Young People Toolkit.
members of staff. BMA London.http://www.bma.org.uk/support-at-work/eth-
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one year, with 2500 homicides due to maltreatment. The Care Act 2014 c.23. http://www.legislation.gov.uk/ukpga/2014/23
(Accessed 1 May 2019).
estimated prevalence of elder maltreatment in Europe is
Children Act 1989 c.41. http://www.legislation.gov.uk/
3% (0.4% for the UK), although it may be as high as 25% for ukpga/1989/41/contents (Accessed 1 May 2019).
‘vulnerable adults requiring care’, and ‘even higher’ for Children Act 2004 c.31. http://www.legislation.gov.uk/
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19 Transportation medicine

▪▪ Introduction ▪▪ Train and railway injuries


▪▪ Transportation law ▪▪ Aviation incident-related injury and fatalities
▪▪ Transportation ‘under the influence’ ▪▪ Marine fatalities
▪▪ Personal transport and road traffic injuries ▪▪ Bibliography and information sources

Introduction prescribed, and eight illicit, drugs were added into new
regulations that came into force in England & Wales.
All forms of transport on (air, water or land) may be Regulations on amphetamine came into force on 14th
associated with a risk of harm or injury to vehicle occu- April 2015. Table 19.1 shows the current UK levels for
pants and others. Particular environments render indi- these drugs permitted by law.
viduals at risk of specific types of injury. The incidence The assessment of the effects of drugs and alcohol on
of those risks may be well-established but are often a person’s ability to drive (in addition to a simple legal
substantially increased when other human factors are limit) is very important because of the variable response
taken into account, including lack of experience, expo- to the effects of alcohol and other substances. In many
sure, risk-taking behaviour, fatigue and the effects of cases, ‘driving under the influence’ may be confirmed
drugs and alcohol. by the ability, or failure, to pass standardised tests of
sobriety, or by a medical examination to determine
Transportation law whether the ability to drive may be impaired, follow-
Virtually every jurisdiction has laws which limit the ing preliminary impairment tests undertaken by police
speed at which vehicles can move, and the amount of personnel.
alcohol and/or drugs under which an individual is law- Such laws apply at the personal level (e.g., the indi-
fully deemed to be capable of safely controlling, or being vidual driving a car or a bicycle), at a management level
in charge of, a means of transportation. (e.g., the individual in charge of a subway station) and
The underlying principle of such laws is to increase at a corporate level (e.g., the senior officers in transport
public safety, and the safety of the individual. The companies such as sea ferries). In all cases, it is per-
faster a person is moving in a vehicle (whether in con- ceived that such individuals, or corporate bodies, may
trol of a vehicle or as a passenger), the greater the risk have a duty of care to those around them, whether as
of loss of control and collision, and the greater the private individuals (e.g., friends being given a ride to a
extent and seriousness of injury. The greater the degree party) or as paying clients (e.g., customers paying for
of intoxication, whether through drugs or alcohol, transport across the sea).
the greater the risk of loss of control. Legal limits are In England & Wales, The Transport and Works Act
established in most countries for maximum acceptable 1992 defines specific offences related to the use of alco-
levels of alcohol in blood, breath or urine. Currently, hol and drugs in transport systems, and defines the
in England & Wales, the maximum legal permissible powers that police have to investigate such matters,
blood alcohol concentration is 80 mg alcohol/100 mL including the power to take evidential breath, blood
of blood. Many consider this too high and believe that and urine tests.
it should be reduced to 50 mg alcohol/100 mL of blood This area of law is vast, and varies from jurisdiction
to bring it (and the equivalent breath and urine levels) to jurisdiction but, increasingly, legal action is being
into line with many countries in the rest of the world taken at a higher corporate level such that accountabil-
and, indeed in other parts of the UK where, for exam- ity is required throughout all levels of an organisation.
ple in Scotland, it is 50 mg alcohol/100 mL of blood. In The Corporate Manslaughter and Corporate Homicide
2012, the UK government announced a new offence Act 2007 came into force in 2008 and introduced a new
of driving with a specific controlled drug in the body offence across the UK: corporate entities (companies
above that drug’s accepted limit. The aim was to reduce and organisations) may now be prosecuted when there
expense, effort and time wasted from prosecutions that has been a gross failing, throughout the organisation,
fail because of difficulties proving a particular drug in the management of health and safety, where such a
impaired a driver. On 2nd March 2015, eight generally failure has fatal consequences.
258 Transportation medicine

Table 19.1 Drug levels permitted by law when driving a motor vehicle in the UK
‘Illegal’ drugs (‘accidental exposure’ – zero Threshold limit in microgrammes
tolerance approach) per litre of blood (µg/L)
benzoylecgonine 50
cocaine 10
delta-9-tetrahydrocannabinol (cannabis) 2
ketamine 20
lysergic acid diethylamide 1
methylamphetamine 10
methylenedioxymethamphetamine (MDMA) 10
6-monoacetylmorphine (heroin) 5
‘Medicinal’ drugs (risk based approach) Threshold limit in blood (µg/L)
clonazepam 50
diazepam 550
flunitrazepam 300
lorazepam 100
methadone 500
morphine 80
oxazepam 300
temazepam 1,000
Separate approach (to balance its risk) Threshold limit in blood (µg/L)
amphetamine 250

Transportation ‘under the influence’ The nature and purpose of medical assessments of
the intoxicated driver varies in detail from jurisdiction
In general, two types of offence are committed when to jurisdiction. Generally, however, the medical assess-
under the influence of alcohol or drugs. The first is where ment of an individual’s ability to drive a motor vehicle is
relevant maximum permissible alcohol concentrations established by undertaking a full history and examina-
have been prescribed and an individual is found to tion and reviewing certain physical and eye signs (see
exceed that prescribed concentration. Secondly, in many Figure 19.1). Previously used tests to assess intoxication
jurisdictions, it is the effect that alcohol (or drugs) has have been shown to have no solid evidence-base.
on the ability to drive properly that is assessed. Initial The aim of the physical medical examination is pri-
screening may be carried out by law-enforcement offi- marily to determine whether there is any medical con-
cers at the scene of an alleged offence or accident, using dition (either longstanding or temporary) which might
‘field impairment tests’. account for the individual’s actions and behaviour. The
Evidential breath alcohol machines are used to take examination may then determine: (1) whether the indi-
breath samples and, if for some medical reason (e.g., vidual’s ability to drive a motor vehicle is impaired; and
asthma, oral trauma) it is not possible for an individual (2) which drug/substance is causing this impairment;
to provide a sample, a blood or urine sample must be and (3) whether there is a medical reason for the indi-
sought. The experience in all jurisdictions is that indi- vidual’s apparently impaired status (e.g., neurological
viduals (who might suspect they exceed the relevant disorder, psychiatric disorder). Increasingly, certain
legal limit) may provide a variety of reasons for not pro- procedures that measure psychomotor function and
viding relevant samples (e.g., previously undiagnosed ‘divided attention tests’ are used.
asthma, needle phobia) and, although some of those Previously, ‘Divided attention tests’, which assess
reasons may be valid, many have been tested in court an individual’s balance and coordination, as well as the
and found wanting. ability to follow simple instructions, include the ‘walk
Transportation ‘under the influence’ 259

(a)

Figure 19.1  (a) and (b) Impairment tests for ‘driving under the influence’ cases. (Taken from Faculty of Forensic & Legal
Medicine. Proforma – Section 4 RTA Assessment [England, NI and Wales], 2016.) (Continued)
260 Transportation medicine

(b)

Figure 19.1 (Continued) (a) and (b) Partial proforma for assessments (alcohol & drugs) under England & Wales
road ­traffic legislation. These pages identify the relevant medical consultation and examination details.
(Taken from the Faculty of Forensic & Legal Medicine ‘Assessments (alcohol & drugs) under the RTA – 2019’
[https://fflm.ac.uk/wp-content/uploads/2019/08/Section4_RTAform_Jun19.pdf].)
Personal transport and road traffic injuries 261

and turn test’, ‘one-leg stand test’, ‘horizontal gaze Pedestrians


nystagmus test’ and Romberg tests have been used.
If such tests are used, it is important they are repro- Pedestrians struck by motor vehicles sustain injuries
duced and scored in identical ways. It is also essential from the initial impact with the vehicle (the primary
to understand that initial studies, which suggested injuries) and also from contact with other objects, or the
high sensitivities and specificities in results for Drug ground, following the primary contact with the vehicle
Recognition Programs within the USA, have not been (the secondary injuries). The class of vehicle impacting
confirmed in controlled laboratory studies. The results has been shown to significantly affect the risk of fatal-
of the few studies that have been performed suggest ity and serious injury. Advances in safer vehicle design,
that the accuracy of such assessments, in general, is and legislation to reduce vehicle speeds, have been suc-
not be sufficiently robust for evidential purposes (in cessful in reducing the effects of such contact but do not
terms of determining the culpable drug/substance), eradicate them completely.
but when used they can help corroborate other witness Primary injuries often form recognisable patterns,
and toxicological evidence. The majority of individuals although a variety of factors may alter the totality of
will have used a mixture of drugs and alcohol, which injuries sustained. When an adult is hit by the front of
often renders tests for specific drugs groups inappro- a standard car, for example, the front bumper (fender)
priate or wrong. will generally make contact at about knee level. The
It is important to recognise that the results of ‘field exact point of primary contact will be determined
impairment tests’ (‘preliminary impairment tests’ in the by a large number of factors, including orientation of
UK) do not necessarily establish impairment of driving the victim (which will determine whether impact is
through drugs other than alcohol, but may be useful in anterior, posterior or lateral), the nature of the front
screening for individuals suspected of being impaired of the car, the size of the car (which can be very vari-
as a consequence of drug use, and provide supportive able in height profile), and the height of the individual.
evidence of impairment. They cannot be used with cer- Comparison of measurements of lower limb injuries
tainty to confirm that drugs have been used, or the par- (from the heel), with measurements of relevant parts
ticular drug or drugs that may have consumed. of the car (from the ground) may assist in the recon-
Anyone using these tests, in association with a medi- struction of pedestrian versus car collisions (Figure
cal examination, must be able to interpret them in the 19.2) and is one of the many factors taken into account
context of that medical examination, the circumstances by accident investigators.
in which field tests were undertaken, and the limitations Other typical primary injury sites include the thigh,
of the evidence base on which such screening tests are hip or pelvis caused by contact with other parts of the
established. They also need to be aware of what medi- car, such as the bonnet (the hood). At relatively low
cal conditions may mimic the effects of drugs and alco- speeds (e.g., 20 kph/12 mph), the victim may be thrown
hol, and vice-versa, as these issues may often be raised off the bonnet either forwards or to one side. Between 20
sometime after the examination when the case gets and 60 kph (12–36 mph), the pedestrian may strike the
to court. bonnet (hood) and the head may strike the windscreen
or the surrounding metal body work. At higher speeds
(60–100 kph/36–60 mph), pedestrians may be projected
Personal transport and road up into the air; sometimes they will pass completely over
the vehicle and will avoid hitting the windscreen and
traffic injuries other points on the vehicle (Figure 19.3). Such impacts,
Those injured by collisions on the road or off-road, using however, will generally cause major injury, including
personal transport can be divided into three broad complex fractures or traumatic amputations. The elderly
groups: pedestrians, cyclists (pedal or motor) and the is over-represented in pedestrian fatalities and serious
drivers or passengers of vehicles. Of these three broad injuries.
groups, it is pedestrians who are most often injured, Secondary injuries are often more serious, and
although the proportion of pedestrian victims in the potentially lethal, than the primary injuries. Such sec-
overall road traffic-injured population varies greatly ondary injuries vary from simple ‘brush abrasions’,
between countries depending on patterns of transport caused by ‘skidding’ across the surface of the road,
use. It is perhaps self-evident that where there is greater to fractures of the skull or axial skeleton, caused by
mingling of motor transport, cycles and pedestrians direct contact with a hard surface, to hyperextension
there is also a greater risk of injury to the pedestrian and or hyperflexion fractures of the spine. Ground contact is
to the cyclist. Cyclists have been involved in fatal inci- often the major source of injury and the majority relate
dents with pedestrians. Most road deaths in the world to severe head injury. It is important to remember that
occur in countries where driving laws and regulations the visible external injuries may not be those associated
are less developed and may include not only issues with with fatality; it is often internal injuries that are more
the driver, but issues with poorly maintained vehicles. significant.
262 Transportation medicine

(a) (b)

Figure 19.2 (a) A pedestrian struck by the front of a car may be projected forwards or lifted onto the vehicle; (b) ‘bum-
per injuries’ including a compound fracture of the right lower leg, and laceration of the left shin probably ­following
primary impact to this pedestrian’s right leg. ([b] Reproduced with permission from Saukko P and Knight B. Knight’s
Pathology 4E, London, CRC Press, 2016.)

Figure 19.3 At speeds of over 23 kph (15 mph) a pedestrian can be ‘scooped up’ onto a car, suffering head injuries on
impacting the windscreen. They may then fall off sideways or, at higher speeds, be thrown over the roof. (Reproduced
with permission from Saukko P and Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.)

Even in the absence of skull fracture, traumatic externalised, internal organs may be ruptured and
brain damage, including traumatic axonal injury, is there may be fractures of the spine. Compression of the
frequently observed in fatally injured pedestrians. This chest may result in multiple rib fractures, causing a ‘flail
occurs as a consequence of the rotational, deceleration chest’. The rotation of the wheel may strip off large areas
forces produced when the rapidly moving head is sud- of skin and subcutaneous tissue; this is called a ‘flaying
denly stopped at impact, leading to ‘shearing’ injuries injury’ (Figure 19.4). On occasion, patterned injuries are
to the brain and its coverings. Fractures of the spine, recognised on the skin surface bearing the characteris-
especially in the cervical and thoracic segments, may tics of tyre-treads (Figure 19.5).
lead to cord damage. Fractures of the limbs are common
but, apart from those of the legs that are associated with
the primary impact sites, they are somewhat unpredict-
able because of random ‘flailing’ of the limbs following
primary impact.
When an adult is struck by a larger vehicle, for exam-
ple a van, a 4 × 4, a sport utility vehicle (SUV), truck or
lorry, or when a small child is struck by any vehicle, the
typical lower limb primary contact injury site tends to
be ‘higher up’ (pelvis, abdomen, chest or head). It is
likely that the victim will make contact with more of
the front of the vehicle or be projected along the line of
travel of the vehicle and ‘run-over’.
‘Run-over’ injuries are relatively unusual and the Figure 19.4 Pedestrian leg injury from a rotating
effects are variable, depending on the area of the body wheel resulting in ‘flaying’ of the skin. (Reproduced
involved, the weight of the vehicle and the surface area ­ ermission from Saukko P and Knight B. Knight’s
with p
of the contact. The skull may be disrupted and the brain Pathology 4E, London, CRC Press, 2016.)
Personal transport and road traffic injuries 263

Vehicle occupants
Most road traffic collisions involve the front, or the front
corners, of the vehicle and a high percentage of impacts
are against either another vehicle or a stationary object.
This type of impact rapidly decelerates the vehicle. Less
commonly, the vehicle is hit from behind, causing an
‘acceleration’ impact. The least common impacts are
side impacts and ‘roll-overs’.
Many countries have legislation regarding the
requirement to wear seat belts, both in the front and
back of moving vehicles.
Figure 19.6 shows 2011 data which identify those
countries with seat belt legislation.
Substantial evidence of seat belt efficacy has been
shown by several studies, and it is widely recommended
that motor vehicle occupants use properly-fitted seat
belts. However, some countries with national seat belt
laws permit various exemptions which may lower use
rates. Unrestrained front-seat occupants in a vehicle
subjected to rapid deceleration during a collision will
continue to move forwards as the vehicle decelerates
Figure 19.5 Intradermal bruising reflecting the pattern of around them, and will impact those parts of the vehi-
a vehicle tyre tread. Note that the bruising is in the ‘val- cle that are in front of them. The degree of injury sus-
leys’ and not the ‘hills’ in the tread. Scaled photographic tained by the occupant is very much dependent on the
documentation of such a patterned injury will allow vehicle’s speed at the moment of impact, its deforma-
future comparisons to be made between it and the tread tion properties and the structure of the part (or parts)
pattern of a suspect vehicle. (Courtesy of Richard Jones.) of the vehicle being impacted by the occupant (Box 19.1,
Figures 19.7–19.9).
Where the risk of pedestrian and other road-related The unrestrained rear-seat passenger is also liable to
fatalities and serious injuries has been treated as a pub- injury through either deceleration or acceleration. The
lic health and social issue, educating the public, par- injuries, in general, may not be as severe as those caused
ticularly children and young people, has resulted in a to the front-seat occupants. In a deceleration impact, the
significant reduction in pedestrian and other fatalities. rear-seat passengers will be thrown against the backs of

Seat Belt Legislation


Seat belt law exists and applies to all
occupants
Seat belt law exists and applies to front
seat occupants only
No law
No data

Figure 19.6 The State of Seat belt Legislation Worldwide. (Courtesy of the World Health Organisation.)
264 Transportation medicine

Box 19.1 Injuries that may be expected to occur in an unrestrained impact/collision


• The face and head hit the windscreen glass, frame • The legs of the driver, which are commonly braced
or side-pillars, causing skull and facial fractures, on the brake and clutch pedals, may transmit the
injury to the brain and its coverings, and cervical force of impact along the tibia and femur to the
spine injury. pelvis. All of these bones may be fractured or
• The chest and abdomen contact the fascia or the dislocated.
steering wheel, causing rib, sternal, heart and liver • On the rebound from these impacts, the heavy
injuries. head may swing violently backwards and cause
• The momentum of the heart within the thorax, injury to the cervical or thoracic spine.
perhaps aided by hyperflexion, may tear the • The occupants of the car may be ejected out of
aorta at the termination of the descending part of the vehicle through the windscreen, increasing
the arch, at the point where the vessel becomes the risks of secondary injuries or being run over by
attached to the vertebral column. another vehicle.
• The legs of the passenger are thrown forwards
and the knees may strike the parcel shelf, causing
fractures.

Cervical spine
injury
Face and
head injury

Steering wheel
impact

Braced leg fracture Pelvic fracture

Figure 19.7 Major points of injury to an unrestrained


driver of a vehicle in deceleration impact.

the front seats and may impact the front-seat occupants.


They may be projected over the front seat to hit the wind-
screen and even be thrown out through the windscreen. Figure 19.8 Facial injuries from shattered windscreen
glass in an unrestrained driver. The toughened glass
The function of seat belts breaks into small fragments, which produce character-
The mandatory use of seat belts has had a profound istic ‘sparrow foot’ marks. The forehead laceration was
effect on road traffic fatality rates in the UK and other made by the windscreen rim.
countries where similar legislation has been enacted.
The combination of a horizontal lap strap and diagonal vehicle, or who has had to be extracted from the vehi-
shoulder strap was introduced as a satisfactory compro- cle by emergency services, should have a full medical
mise between effectiveness and social acceptability. To assessment, as should anyone under the influence of
be effective, a seat belt must (1) be worn and (2) worn drugs or alcohol at the time of a collision, or who has or
correctly and any alteration in their fixing or structure has appeared to lose consciousness, as all these have the
can compromise their efficacy (Box 19.2). capability of being associated with, or masking severe
Seat belts correctly worn can also cause injuries, the injury. Such an assessment should always include, in
nature and severity of which is dependent on the force addition to basic physiological observations, palpation
and nature of the impact. Any individual involved in a and testing of range of movement of all limbs, palpation
collision in which intrusion into the vehicle cabin has of the clavicle, lateral and anteroposterior compres-
occurred, or where they have been trapped within the sion of the chest, and a full abdominal examination, in
Personal transport and road traffic injuries 265

The deployment of an air bag relies upon the explo-


sive production of gas, usually from the detonation
of a pellet commonly made of sodium azide. For the
deployment to be timed correctly, the deceleration of
the vehicle following impact needs to be sensed and the
detonation of the pellet completed in microseconds so
that the bag is correctly inflated at the time the occupant
of the car is beginning to move towards the framework
of the vehicle.
Air bags are designed to provide protection to the
‘average-sized adult’ in the front of the car and this pro-
tection depends upon the occupant responding to the
impact in an ‘average’ fashion. Air bags can cause inju-
Figure 19.9 Deceleration-related thoracic aortic transec- ries, most frequently abrasions or burns, and guidelines
tion following a road traffic collision (arrow indicates one exist as to the minimum size that a person should be
edge of the torn aorta). The typical site for deceleration when sitting in an air-bag protected seat. Most cars have
aortic injury is just distal to the origin of the left subcla- the option of disabling air bags if those of short stature
vian artery. (Courtesy of Richard Jones.) (generally children) are occupying such seats. Air bags,
in general, should never be used in the presence of baby
seats. At particular risk, are babies who are placed on
the front passenger seat in a rear-facing baby seat that is
Box 19.2 The role of a seat belt
held in place by the seat belt. The back of the baby seat
A seat belt that is correctly installed, and worn, acts may lie within the range of the bag when it is maximally
in the following ways: expanded, and fatalities have been recorded following
• It spreads the deceleration forces at impact over relatively minor vehicle impacts when the air bag has
the whole area of contact between the straps struck the back of the baby seat.
and the body surface so that the force delivered Newer technologies such as automatic emergency
to the body per unit area is reduced. braking (AEB) and forward collision warning (FCW)
• It is designed to stretch during deceleration systems separately, and together, have the potential
and some belts have a specific area for this to to further reduce fatality and serious injury but, in all
occur. This stretching slightly extends the time cases, the systems are not applicable to every crash or
of deceleration and reduces the force per unit vehicle impact environment. The enforcement of cur-
time. rent systems, introduction of new systems, appropriate
• It restrains the body during deceleration, keep- legislation and public education is likely to significantly
ing it away from the windscreen, steering wheel decrease the number of fatalities and serious injury in
and other obstructions at the front of the vehi- the future.
cle, thus reducing injury potential.
• It prevents ejection into the road through burst Motorcycle and pedal cycle injuries
doors or windows, which used to be a common
cause of severe injury and death. Most injuries to motorcyclists are caused by falling from
the machine onto the roadway. Many of the injuries can
be reduced or prevented by the wearing of suitable pro-
order that occult fracture or internal organ injury is not tective clothing and a crash helmet. Severe abrasions –
missed. Repeat observations may be useful in identi- often with substantial tissues loss caused by contact with
fying a deterioration in condition and an indicator for the road surface – are almost universal following an acci-
urgent transfer and treatment. dent at speed, and injuries to the limbs and to the chest
and spine occur very commonly because of contact with
other objects or vehicles, entanglement with the motor
Air bags and other injury reduction systems bike or direct contact with the road (Figure 19.10). Despite
Air bags were developed in an attempt to aid the protec- the introduction of the mandatory wearing of crash hel-
tion of all car occupants following a collision by rapidly mets in the UK, head injuries are still a common cause
deploying a ‘soft method of restraint’ that is only present of morbidity and mortality. In countries where there is
when required. Most modern cars now have sophisti- no mandatory requirement for motorcycle helmets, the
cated air-bag systems, many providing protection not incidence is substantially increased. Figure 19.11 shows
only from front impacts but also from the sides or cor- which countries had motorcycle helmet laws and helmet
ners of the vehicle. standards in 2013.
266 Transportation medicine

result in severe and fatal injuries which are often crush-


ing and compressive in nature. Other injuries, espe-
cially to the head and chest, are common when cyclists
fall from their relatively high riding position on such an
inherently unstable machine.
Other transportation methods (e.g., the Segway
Personal Transporter) have their own types and range
of risk of injury or fatality. The Segway has been asso-
ciated with a wide range of injuries including ortho-
Figure 19.10 Extensive ‘brush’ abrasion of the left flank in paedic, maxillofacial, neurological and thoracic cases.
a motor cyclist thrown across a rough surface. Tragically, the owner of Segway Inc, died having lost
control of the Segway he was using, falling over a cliff.
Newer devices such as hoverboards present new
A less common injury occurs from ‘tail-gating’,
ways of being injured. In 2015–2016 there were almost
where the motorcyclist travels under the rear of a truck,
25,000 hoverboard injuries in the US. Although many
causing severe head injuries or even decapitation. This
were upper extremity limb fractures, almost 6% sus-
scenario can also occur with an approach from the side,
tained critical injuries.
although these mechanisms of injury have been some-
what reduced in some countries by legislation intro-
ducing bars at the sides and rear of trucks to prevent Train and railway injuries
motorcycles and cars passing under the vehicle. This Railway injuries are most commonly seen in countries
does not prevent injury but modifies the nature of the with a large railway network, such as India and China,
most serious ones, and should reduce fatalities. and in any country where rail crossings are unprotected
Injuries associated with pedal cycles are very com- or unmanned. Although mass disasters, such as the
mon because of the large numbers of cycles in use. derailment of a train, occasionally lead to large num-
Frequently, the injuries are run-over injuries, caused bers of casualties, most deaths and injuries occur as
by cyclists under-taking a lorry to the left or right, for an aggregation of numerous individual incidents, most
example, and where the lorry driver does not see that of which are accidents, such as at rail crossings, or as a
cyclist. Most injuries associated with cycles tend to be of result of children playing on the railway line. Criminal
mild or moderate severity because of their low speeds. acts may occur where individuals are deliberately
However, impact, by or run-over, by large vehicles can pushed into the path of oncoming trains. Railway lines

Comprehensive
Comprehensive/no standard
Not comprehensive/no law
Data not available
Not applicable

Figure 19.11 Map showing which countries have motorcycle helmet laws and helmet standards in 2013. (Courtesy of
the World Health Organisation. The State of Seatbelt Legislation Worldwide https://www.who.int/gho/road_safety/
leg­islation/seat_belt/en/)
Aviation incident-related injury and fatalities 267

and bridges crossing them are a common site for suicide A careful search for unusual injuries inconsistent
attempts and there have been many initiatives to try and with the setting, and examination for a vital response
reduce the incidence of this type of suicidal behaviour. to the severe blunt force injuries, should be made, as
It is important to remember that railway employees may homicides may be concealed by staging the scene, with
be considerably affected by rail deaths and they should the deceased being placed on the rail track in an attempt
be provided with appropriate support and counselling. to conceal the true cause of death.
Medically, there is nothing specific about railway Railway workers may be injured or killed by falling
injuries except the frequency of very severe mutila- under, or by being struck by, moving rolling stock or by
tion. The body may be in many pieces and soiled by axle being trapped between the buffers of two trucks while
grease and dirt from the wheels and track, and local uncoupling or coupling the rolling stock. The injuries
vegetation. Where passengers fall from a train at speed, associated with the squeezing between rolling stock are
multiple injuries caused by repeated impacts and roll- often those of a flail chest, with or without evidence of
ing may be seen, often with multiple abrasions from traumatic asphyxia (See also Chapter 11).
contact with the coarse gravel of the railway line bal-
last. It is generally very difficult to be able to determine Aviation incident-related injury and
the sequence of events because of the severe damage to
the body. fatalities
Suicides on railways fall into two main groups: those Aviation incidents can be divided into two main
who lie on the track (sometimes placing their neck groups: those which involve the crew and the large num-
across a rail so that they are decapitated) and those bers of passengers of a modern, commercial aircraft,
who jump in front of a moving train from a platform, and those which involve the occupants of small, rela-
bridge or other structure near to the track. Jumping from tively slow, light aircraft. Additional, but much smaller,
a moving train is much less common. The injuries pres- groups include those involving ultralight aircraft and
ent will depend on the exact events, but they are usually paragliders. More recently consideration has been given
extensive and severe when there has been contact with a to injuries sustained by impact from unmanned aircraft
moving train, although they may be localised with black systems (drones). Skull fractures and ocular globe rup-
soiling at the crushed decapitation or amputation site if tures have been reported.
the individual has lain across the track (Figure 19.12). Large aircraft are pressurised and, if the integrity of
There is a risk of secondary injury if survival occurs the cabin is breached, there can be rapid decompression
where other factors such as electrified lines are pres- and the passengers may suffer barotrauma. If the defect
ent. On electrified lines, an additional cause of suicidal in the cabin is large enough, victims may exit through
or accidental injury or death is present in the form of the defect and fall to their death. When an aircraft hits
electric shock from either a live rail or overhead power the ground, the results will depend on the rapidity of
lines. The voltage in these circuits is high, often in the transfer of the forces, and this is dependent on the speed
region of 600 V. Death is rapid and often associated with of the aircraft and the angle of impact. If the forces are
severe burns at the points of contact or earthing (see very severe, all passengers may be killed by deceleration
also Chapter 12). injuries and by multiple trauma owing to loss of integ-
rity of the fuselage.
In lesser impacts, the results may be similar to those
of motor vehicle crashes, although the forces are usually
greater and the injuries sustained are proportionately
more severe. The usual lap-strap seat belt offers little
protection in anything but the most minor accident. Fire
is one of the greatest hazards in air crashes and accounts
for many deaths.
In light and ultralight aircraft crashes, the velocity,
and hence the forces, may be less than in large com-
mercial aircraft, but they are still often fatal. In some
cases, the pilot may be separated from the aircraft and
without a parachute the injuries are those that would
be expected with a fall from a substantial height. The
investigation of air accidents is a task for specialist
medical personnel, who are often available from the
Figure 19.12 Traumatic amputation of the right arm and national air force or from a civil authority. There should
bruising of the face and chest in a pedestrian struck by a always be a full autopsy on the pilot or suspected pilot,
passing train. with full microscopic and toxicological examination to
268 Transportation medicine

exclude natural disease, intoxication by drugs and alco- musculoskeletal and back injuries recorded. Kitesurfing
hol, and carbon monoxide toxicity. These findings will is a relatively new sport and kite surfers are at risk of
be included in the overall assessment of the incident injury in a number of ways. Research has shown that
which will include consideration of the activities prior the injury rates may be influenced by the nature of the
to the incident and the condition and performance of kitesurf equipment used.
the aircraft. Motor-powered vessels may cause injury from explo-
sion or fire, and those in the water may sustain injury
from rotating propellers.
Marine fatalities Commercial vessels may cause their own specific
Fatalities in the marine setting embrace a range of problems, such as asphyxiation in storage tanks or falls
marine-specific and general injury types. The range of from heights. Most of these scenarios are of an indus-
activities include commercial diving, recreational div- trial/occupational nature and may involve potential
ing, use of powered water sport bikes, sailing, motor breaches of health and safety legislation. In the UK, the
cruising and commercial marine transport (e.g., oil Marine Accident Investigation Branch (MAIB) examines
tankers, container ships, passenger vessels). The likeli- and investigates all types of marine accidents, involving
hood of dying in a marine environment is enhanced by UK ships worldwide, and other ships in UK territorial
not wearing appropriate safety gear. In the recreational waters, and publishes regular reports on its findings.
setting, fatalities occur when individuals fall from ves- Marine life may also cause injury. In the US since
sels and drown, or succumb to hypothermia, or cannot the 1900s, there have been ∼5000 shark attacks of
be recovered back on board. which ∼1200 were fatal. Fatalities were associated with
Physical injuries in recreational sailing are wide- swimming, boating, three or more bites, limb loss or
spread and examples include those of suffering direct tiger shark attack. The most common attacks involved
trauma (e.g., to the head or neck following uncontrolled bites to the legs or arms with limb loss occurring in 7%
gybe; Figure 19.13), loss of digits or limbs when caught up of attacks.
in winches or anchor cable, limb or skull fractures from The majority of transportation injuries and fatalities,
direct impact from flailing blocks, and friction burn whether related to air, sea or land would be reduced if
injury from uncontrolled rope movement. Drowning appropriate public health and education messages were
may occur from being trapped after inversion of the given and reinforced to the public. Many are avoidable,
vessel (see also Chapter 13). Between 2000 and 2011, the and many are predictable.
US Coastguard reported 271 sailing-related fatalities
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20 Torture and cruel, inhuman
and degrading treatment
▪▪ Introduction ▪▪ The Istanbul Protocol
▪▪ Definitions ▪▪ Bibliography and information sources
▪▪ Investigation ▪▪ Further general resources

Introduction countries have independent human rights organisa-


tions who will address concerns, often at substantial
Torture is one of the most serious violations of funda- personal risk to the members of those organisations.
mental human rights and is prohibited in international
human rights and humanitarian law in all circum-
stances. Despite the absolute prohibition of torture in
The Istanbul Protocol
international law, it is still believed to be practiced in The Manual on Effective Investigation and
more than 100 countries around the world. Torture and Documentation of Torture and Other Cruel, Inhuman
other forms of ill-treatment not only have physical and or Degrading Treatment or Punishment (commonly
psychological effects on individuals and their com- known as the Istanbul Protocol) outlines international,
munities, but they also undermine the rule of law and legal standards on protection against torture and sets
democratic institutions in civil societies. All forensic out specific guidelines on how effective legal and medi-
practitioners should be aware of the prevalence of such cal investigations into allegations of torture should be
behaviours and actions and be prepared to raise con- conducted. It was adopted by the United Nations in 1999
cerns when it is believed any form of ill-treatment or tor- and has been revised with an updated version being
ture has occurred. published in 2020. It is authoritative but non-binding,
and identifies existing obligations of states under inter-
Definitions national treaties and international law, and assists
states in properly implementing relevant standards.
The International Committee of the Red Cross provides The Istanbul Protocol provides common, international
definitions for torture and other forms of ill-treatment guidelines for the assessment of persons who allege tor-
which are shown in Table 20.1. ture and ill-treatment, for investigating cases of alleged
torture, and for reporting such findings to the relevant
Investigation court or investigating body.
The investigation of possible ill-treatment and torture, The Protocol covers a range of topics including:
once initiated, may be undertaken in a number of ways.
• Relevant international legal standards
This will depend on whether the incidents appear to be
• Relevant Ethical Codes
single events (perhaps a single gaoler being violent to
• Legal Investigation of Torture
detainees or withholding food and water) or apparent
• General Considerations for Interviews
systematic abuses, at the behest of state institutions
• Physical Evidence of Torture
or the state itself. Such behaviours may occur in any
• Psychological Evidence of Torture
site of detention. Who to raise such issues with will
depend on the nature of the detention, and whether It is the assessment of physical evidence of torture (and
any independent body or organisation has oversight to a lesser degree, the psychological evidence) which is of
for complaints. In England & Wales, complaints about key relevance to forensic medicine. The Protocol identi-
police custody may be referred to the Independent fies procedures for a torture investigation including how
Office for Police Conduct (IOPC) and for prisons, to the to interview the alleged victim and other witnesses, selec-
Prison & Probation Ombudsman. Such bodies work in tion of the investigator, how to secure and obtain physical
an open and transparent manner, publishing reports evidence, and detailed guidelines on how to establish a
of their findings in the public domain. Not all jurisdic- special independent commission of inquiry to investi-
tions have independent investigatory bodies, and non- gate alleged torture and ill-treatment. The manual also
governmental organisations such as the International includes comprehensive guidelines for clinical exami-
Committee of the Red Cross, Amnesty International nations to detect physical and psychological evidence of
or Reprieve may become involved (Table 20.1). Many torture and ill-treatment.
272 Torture and cruel, inhuman and degrading treatment

Chapter V of the Istanbul Protocol describes the key


Table 20.1 International Committee of the Red Cross
features and the order in which they should be carried
definitions of torture and other forms of ill-treatment
out. These are shown in Table 20.3.
• Torture consists of severe pain or suffering, whether Only those relevant elements of the assessment need
physical or mental, inflicted for such purposes as to be undertaken but it is essential that any practitioner
obtaining information or a confession, exerting undertaking the assessment is familiar with the nature,
pressure, intimidation or humiliation.
• Cruel or inhuman (synonymous terms) treatment
consists of acts which cause serious pain or Table 20.3 Istanbul Protocol: Medical Evaluation
suffering, whether physical or mental, or which for the Physical Evidence of Torture
constitute a serious outrage upon individual dignity.
A. Interview structure
Unlike torture, these acts do not need to be
B. Medical history
committed for a specific purpose.
1. Acute symptoms
• Humiliating or degrading (synonymous terms)
2. Chronic symptoms
treatment consists of acts which cause real and serious
3. Summary of interview
humiliation or a serious outrage upon human dignity,
C. Physical examination
and whose intensity is such that any reasonable
1. Skin
person would feel outraged; Ill-treatment is not a legal
2. Face
term, but it covers all the above-mentioned acts.
3. Chest and abdomen
4. Musculoskeletal system
Clinical examination 5. Genitourinary system
6. Central & peripheral nervous systems
The clinical examination to detect physical evidence of
D. Examination and evaluation following specific
torture follows a systematic pattern broadly recogni-
forms of torture
sable to most healthcare professionals, namely history,
1. Beatings and other forms of blunt trauma
examination, diagnosis, interpretation and manage-
• Skin damage
ment. Table 20.2 lists the elements to consider in a medi-
• Fractures
cal evaluation under the Protocol.
• Head trauma
• Chest and abdominal trauma
Table 20.2 Istanbul Protocol: Guidelines for the 2. Beatings of the feet
medical evaluation of torture and ill-treatment • Closed compartment syndrome
• Crushed heel and anterior footpads
Possible considerations for evaluations
• Rigid and irregular scars
I Case information • Rupture of the plantar aponeurosis
II Clinician’s qualifications and tendons
• Plantar fasciitis
III Statement regarding veracity of testimony 3. Suspension
IV Background information • Cross suspension
V Allegations of torture and ill-treatment • Butchery suspension
VI Physical symptoms and disabilities • Reverse butchery suspension
VII Physical examination • ‘Palestinian’ suspension
• ‘Parrot perch’ suspension
VIII Psychological history/examination
4. Other positional torture
IX Photographs 5. Electric shock torture
X Diagnostic test results 6. Dental torture
XI Consultations 7. Asphyxiation
XII Interpretation of findings 8. Sexual torture including rape
XIII Conclusions and recommendations • Review of symptoms
• Examination following a recent assault
XIV Statement of truthfulness
• Examination after the immediate phase
XV Statement of restrictions on the medical • Follow-up
evaluation/investigation (for subjects in custody) • Genital examination of women
XVI Clinician’s signature, date, place • Genital examination of men
XVII Relevant annexes (e.g., clinician’s CV, images, • Examination of the anal region
body diagrams, test results) E. Specialised diagnostic tests
The Istanbul Protocol 273

and effects, of different types of torture. Interpretation of so (see also Chapter 17). It is also essential to distinguish
findings must be balanced and non-biased, and requires between acute (recent) injury and old injury which may
appropriate knowledge of published information which be manifest as marks or scars, and to distinguish between
should be interpreted critically in the light of documented injury, marks and scars that are due to ill-treatment,
findings. Numerous publications have explored the and those that are caused by other factors (e.g., culture,
nature and patterns of ill-treatment and torture, allow- employment, sports and accident). The phrase ‘absence
ing regional and geographical differences to be reviewed. of visible evidence of maltreatment is not evidence of
Many m ­ ethods of ill-treatment and torture methods absence of maltreatment’ is appropriate, which is why
(including sensory deprivation – isolation/blindfolding, the assessment must be as thorough and complete as the
beating – fists, sticks, truncheons, whipping – electric circumstances allow. Figures 20.1–20.5 provides some
cords, rape, suspension, falaka, electric shocks, sharp example of visible evidence of maltreatment or torture
force injury, burning) are used. The objective interpreta- (see also Chapter 8).
tion of findings is crucial, to best assist the complainant
of ill-treatment, so that the evidence is accepted as being
accurate by whichever body (e.g., prison, court, tribunal,
judge) is going to rely on it in their deliberations. This is
important because, although the accounts for marks or
scars given by victims may be true, they can sometimes
be false. If false, this may be as a result of an intention to
mislead the examiner and courts, poor recall, or misin-
terpretation due a variety of causes (e.g., mental health
issues). The body adjudicating on the medical assessment
will find it easier to accept findings and conclusions if the
examiner is clearly seen to be independent and unbiased.
The methods used may leave minimal or no evidence, Figure 20.2 Amputation of digit (right thumb). Note neat
and any injuries that are produced may heal without scars ­suggesting involvement of someone with medical
visible evidence. This has particular relevance to sexual skills.
assault, where penetrative sexual contact only has vis-
ible evidence in a minority of cases, and that acute injury
(whether to anus or vagina) often heals within 72 hours or

Figure 20.3 Disruption of shoulder joint complex


­secondary to prolonged suspension by arms.

Figure 20.1 Multiple tramline bruises from whipping Figure 20.4 Scarring to penile shaft from cigarette
with an electrical cable. burns.
274 Torture and cruel, inhuman and degrading treatment

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sic setting. Forensic Sci Med Pathol 2012;8(4):​482–483. assessment of three alleged torture victims during the 1980
Peel M, Hughes J, Payne-James JJ. Post inflammatory hyper- military coup in Turkey. Forensic Sci Int 2014;244:e42–47.
pigmentation following torture. J Clin Forensic Med 2003;10: Wenzel T, Mirzaei S, Nowak M. Assessment of sequelae of torture
193–196. for refugees in host countries. Lancet 2016;387(10020):746.
Perera C, Verghese A. Implementation of Istanbul protocol for Williams A de, Pena CR, Rice ASC. Persistent pain in survivors
effective documentation of torture: review of Sri Lankan per- of torture: a cohort study. J Pain Symptom Manage 2010;40:
spectives. J Forensic Leg Med 2011;18(1):1–5. 715–722.
Perera P. Physical methods of torture and their sequelae: a Sri
Lankan perspective. J Forensic Leg Med 2007;14:46–50.
Pérez-Sales P, Morentin B, Barrenetxea O, Navarro-Lashayas Further general resources
MA. Incommunicado detention and torture in Spain, Part Payne-James JJ, Beynon J, Nuno Vieira D. Monitoring Detention,
II: Enhanced credibility assessment based on the Istanbul Custody, Torture and Ill-treatment: A Practical Approach to
Protocol. Torture 2016;26(3):8–20. Prevention and Documentation. Boca Raton: CRC Press; 2017.
21 Principles of forensic
­science and crime scene
investigation
▪▪ What is forensic science? ▪▪ Blood pattern analysis
▪▪ Locard’s exchange principle ▪▪ Damage assessment
▪▪ Scene examination ▪▪ Fingerprints
▪▪ Evidence recovery ▪▪ Footwear
▪▪ Chain of custody ▪▪ Trace evidence
▪▪ Sample analysis ▪▪ Bibliography and information sources

What is forensic science? The public appetite for forensic science-orientated


entertainment, and general interest in ‘all things foren-
‘Forensic science’ is a description of the application of sic’ has raised awareness of the role of forensic science in
any science to matters of legal interest, which Professor the criminal justice system, but there is increasing con-
Jim Fraser of Strathclyde University views as ‘the investi- cern among its practitioners that broadcast series and
gation, explanation, and evaluation of events of legal rel- dramas have raised unrealistic expectations about what
evance including the identity, origin, and life of humans, can and cannot be achieved in real life (see Box 21.2).
materials (e.g., paints, plastics), substances (e.g., drugs
and poisons), and artefacts (e.g., clothing, shoes). This is
done using scientific techniques or methodologies which
Scene examination
allow us to describe, infer, and reconstruct events.’ It has The principles of establishing, managing and investigat-
also been described as the science of associating people, ing a crime scene should be similar worldwide. The aim
places and things involved in criminal activities. is to secure, identify and preserve evidence that may
Whether forensic science is a science at all has been have value in a subsequent court setting.
debated for many years, with some commentators A crime scene is an entity which is created when
arguing that it is a science founded on two fundamen- police cordon off an area of interest in relation to an
tal principles (or laws): the principle of individuality, or actual or a suspected offence (Figure 21.1). A zone is
uniqueness, named after the American criminalist Paul cordoned off, within which all people accessing or leav-
Kirk (1902–1970), and Locard’s ‘exchange principle’. ing are entered into (and have to sign) a ‘scene log’. As
such, this provides information as to who has had access
to evidence that could have a bearing on the outcome
Locard’s exchange principle of a case. The scene will be guarded by police or other
Much of the work of forensic practitioners is based on the security personnel. This can be a significant commit-
principle described by Edmond Locard (1877–1966) who ment of staff when areas are extensive and the manage-
was director of the crime laboratory in Lyon, France. ment of personnel is crucial to ensure expeditious and
This principle (also known as Locard’s theory) – in sim- cost-effective progress.
ple form ‘every contact leaves a trace’ – provides a basis In the UK, a crime scene manager (CSM) is in over-
for the recovery and interpretation of evidence (see Box all charge of the scene and controls the personnel that
21.1). When applied to a criminal setting it states that if assist in the examination. The CSM acts as liaison with
a perpetrator of a crime comes into contact with a scene the Senior Investigating Officer (SIO) as to examination
(or someone within that scene), then something will be strategy depending on the demands of the enquiry. The
brought into the scene, and something will be taken CSM and their staff are most often civilian across UK
away. It is for the forensic practitioner to identify what police forces but there are some areas where the Scene
those types of contact were by identifying the contact of Crime Officers (SOCOs), or Crime Scene Investigators
and putting it into an evidentially-sound format. (CISs), are still serving police officers. It is usually the
The principle can be applied in all settings, for exam- CSM who is the point of contact for all those examining
ple, by linking a suspect’s DNA to seminal fluid obtained the scene as the SIO has overall management responsi-
from a complainant’s vagina, by identifying paint from bility for the case to be taken forward.
a car that has hit an object, or by identifying hair from a At larger incidents, it is likely that a CSM, SOCOs/CSIs,
balaclava used in an armed robbery. exhibits officer and photographers would be present. If
Scene examination 277

Box 21.1 Locard’s exchange principle Box 21.2 Does the ‘CSI effect’ exist?
‘The truth is that none can act with the inten- The American TV crime drama ‘CSI: Crime Scene
sity induced by criminal activities without Investigation’ aired in the USA for the first time in
leaving multiple traces of his passing. […] The 2000, and became popular worldwide. The portrayal
clues I want to speak of here are of two kinds: of forensic science and forensic scientists was highly
Sometimes the perpetrator leaves traces at stylised for dramatic effect; forensic science was the
a scene by his actions; sometimes, alterna- ‘star of the show’. Soon after its appearance, how-
tively, he picked up on his clothes or his body ever, the media started to refer to the ‘CSI effect’ to
traces of his location or presence.’* describe the alleged adverse effects of the portrayal
of forensic science in the drama on the expecta-
‘Wherever he steps, wherever he touches, tions of jurors in the criminal justice system, which
whatever he leaves, even without conscious- favoured defendants in cases where forensic evi-
ness, will serve as a silent witness against him. dence was absent, or where there were uncertainties
Not only his fingerprints or his footprints, but or ambiguities in the forensic evidence presented
his hair, the fibers from his clothes, the glass to them. Although some commentators question
he breaks, the tool mark he leaves, the paint whether the ‘CSI effect’ is real, the potential effect of
he scratches, the blood or semen he deposits misrepresentation of forensic science in the popu-
or collects. All of these and more, bear mute lar media has important implications for the way in
witness against him. This is evidence that does which the forensic science community in general,
not forget. It is not confused by the excite- and forensic practitioners individually, communicate
ment of the moment. It is not absent because the utility, reliability and limitations of forensic evi-
human witnesses are. It is factual evidence. dence in legal proceedings.
Physical evidence cannot be wrong, it cannot
perjure itself, it cannot be wholly absent. Only
human failure to find it, study and understand
it, can diminish its value.’†

* Translated from Locard E. L’enquête criminelle et les


methods scientifiques. Paris: Flammarion, 1920, in Crispino
F, Ribaux O, Houck M, Margot P. Forensic science: A true
science? Aus J Forensic Sci 2011; 43:157–176.
†    K irk P.L. Crime Investigation: physical evidence and the police

laboratory. New York: Interscience Publishers Inc, 1953.

it is deemed necessary, other specialists such as foren-


sic pathologists or forensic physicians and various other
forensic specialists (e.g., a blood pattern interpretation Figure 21.1 Crime scene cordon. Deceased found by
expert) may also be in attendance. motorway, in vegetation. Tape represents police line
Before entering the crime scene, a briefing is usu- beyond which entry, exit and activity is controlled and
ally conducted when the facts, as they are known, are maintained in detail. (Courtesy of Manlove Forensics Ltd.)
presented to parties who will be conducting the initial
examinations. Once an examination strategy is decided, examining scenes may have to move across the floor on
the evidence collection can commence. The importance stepping plates as there may be footwear (or other) evi-
of these briefings cannot be overstated as they ensure an dence that still needs to be recovered.
efficient approach with evidence maximised. Generally speaking, if there are human remains at
Within a crime scene, certain precautions need to be crime scenes, examinations are focused on the immedi-
taken to ensure that contamination is not introduced ate area around the remains so that they can be removed
(either from investigator-to-scene or scene-to-investi- for a post mortem examination. The reason for this is
gator). Wearing overalls, gloves, overshoes and masks simple; remains are prone to rapid changes, especially
ensures that the minimum, if any, cross-contamination during the first few weeks of decomposition, making evi-
will occur. It is best to avoid touching anything if at dence recovery by both scientists and pathologists more
all possible, as all surfaces can harbour evidence. For challenging. Careful observation at a scene is required
example, light switches or door handles may be of inter- in order to recognise human remains altered by fire or
est for DNA or fingerprints. Wall or door jambs may be deliberate modification (including by chemicals, as illus-
useful for fingerprints so should not be leant on. Staff trated by the case of the ‘acid bath murders’ in Box 21.3).
278 Principles of forensic ­science and crime scene investigation

Once evidence gathering by SOCOs/CSIs and scien-


tists is complete, other searches can take place. These
are the ‘fingertip’ searches carried out by Police Search
Advisory (POLSA) staff. Following this examination, the
scene can be closed down. In the case of premises, they
may remain in police possession but be made secure
and alarmed, or in the case of external areas, the cordon
is removed and normal life resumes.

Evidence recovery
At a scene, however large or small, once items of forensic
interest are found, they are recorded appropriately and
assigned an affidavit or exhibit number. They are usually
given the initials of the person responsible for the item
being ‘seized’ (very often an exhibits officer) followed by
a sequential number, for example ‘JDM.1’. The item is
usually photographed before being removed carefully,
so as not to disturb the relevant evidence, and pack-
aged. There are a number of different types of packag-
Figure 21.2 Sealed and labelled weapon tube
ing that can be used for different items. Paper sacks are
­containing a bloodstained knife.
used for clothing because, if the item is slightly damp,
(Courtesy of Manlove Forensics Ltd.)
this allows moisture to pass through. Plastic bags can be
used for items such as cigarette ends. Plastic tubes that
item and the time and date of seizure. The label is then
screw together are used for sharp items such as knives or
signed by the person who seized the item (Figure 21.3).
screwdrivers; these are known as weapons tubes (Figure
See Box 21.4 to learn more about what the work of a
21.2). Cardboard boxes can also be used for such items
forensic scientist entails.
with plastic ties to secure the item in place.
If there is no exhibit label integral with the bag, a
separate label will need to be filled out and secured to Chain of custody
the packaging containing the item. This contains details Once an exhibit has been created, each time it is trans-
describing the item, its origin, the person seizing the ferred from one place to another the details need to be

Box 21.3 The discovery of modified human remains at a scene: The ‘acid bath
murders’
The complete disposal of a dead body, leaving no trace Haigh told police ‘Mrs. Durand-Deacon no lon-
for forensic experts to effect an identification of the ger exists. She has disappeared completely, and no
remains, has proved elusive for many murderers; Haigh trace of her can ever be found. I have destroyed her
planned to evade justice for the murder of Olive Durand- with acid … how can you prove murder if there is no
Deacon in 1949 by dissolving her body in sulphuric acid. body?’. He describes having shot her through the back
Examination of yellow, greasy sludge-soaked earth of the head – there were blood stains on a wall in the
from his workshop in Crawley, West Sussex, England, workshop in keeping with the scenario – and putting
revealed dentures, human gallstones, most of a left her body in a 40-gallon drum, returning over the fol-
foot, fragments of human bone, part of a plastic hand- lowing day to empty the drum’s contents outside the
bag, and a lipstick case top. workshop before adding more acid. He pleaded guilty
At trial, the forensic pathologist, Keith Simpson, to murder but his defence was that he was insane at the
stated that he considered that the human remains time of the killing. A psychiatrist called for the Defence
belonged to a single person, and that a pelvic bone frag- admitted that Haigh knew that what he did was pun-
ment had female characteristics, the better-preserved ishable by law, and he was convicted and executed.**
bones showed ‘senile change’, and that the bones were
of an ‘elderly woman’. The damage to the remains could Source: Simpson K. The acid-bath murder(s). R v John George
have been caused by immersion in sulphuric acid. He Haigh. The Police Journal 1950;23:190–202; Lord
could not determine cause of death. Mrs. Durand- Dunboyne. The trial of John George Haigh (The acid bath
murder). Notable British Trials Series. William Hodge & Co.
Deacon’s dentist confirmed that the dentures were hers.
Ltd., London UK 1939 (138–140).
Sample analysis 279

recorded. This is the ‘chain of custody’. This is achieved by


using continuity forms which demonstrate that the exhibit
has been passed from one person to another. When an
exhibit is placed in a secure store, this fact is logged along
with the location of the exhibit so it can easily be relocated
when required. Each person who has examined the item
as part of their work signs the exhibit label to demonstrate
they have seen the item.
Once examinations of an exhibit have been con-
cluded, it is retained for a period of time before it is
destroyed or, on occasion, returned. This can be 3
months in more routine cases or at least 30 years in seri-
ous cases. Often, items are not destroyed as personnel
may realise that advances in technology could reveal
evidence that is not at that time apparent.

Sample analysis
DNA analysis
What is DNA profiling?
Within most cells in the body, there is a nucleus contain-
ing 23 pairs of chromosomes which package the double
Figure 21.3 A typical exhibit label detailing the unique helical structure of the DNA molecule. Normally, the
item number, the item description, the details of where nucleus will consist of 22 autosomes and two sex chro-
the item was recovered, the time and date on which the mosomes; two Xs in females, and an X and a Y in males.
item was recovered and the details of the person who The DNA molecule is made up of a sugar-phosphate
recovered the item. (Courtesy of Manlove Forensics Ltd.) backbone with four different attached nucleic acids

Box 21.4 A typical day in the life of a senior forensic scientist in the UK
As a senior ‘reporting’ forensic biologist I manage appropriately, and to ensure that a full interpretation
between 10 and 20 cases on a typical day, including and evaluation of the findings can be undertaken in
sexual assaults, homicide, assaults, and often a ‘cold due course.
case’ where new techniques can be employed on Once the examination of the exhibits in a case has
original exhibits/samples in order to detect a histori- begun, I view the items in question in conjunction
cal, unsolved crime. At any time during the day routine with the forensic examiner making the initial examina-
work can be interrupted by requests to deliver urgent tion under my supervision. In a suspected homicide
reports, give advice or attend a scene or a court. this may require the examination of an exhibit, such
On any given day, the cases I am dealing with are as a weapon or items of clothing, for the presence of
likely to be at different stages and require different bloodstaining. A visual examination of the item is made
tasks to be undertaken at any time. One of the first using varied light sources and, if necessary, low-power
tasks of the day I undertake as a priority is to set a strat- microscopy in order to detect microscopic traces of
egy for any new case I am allocated. I receive a submis- blood, supplemented by presumptive chemical testing
sion form from the police that gives a summary of the of stains of interest.
circumstances surrounding an incident, a list of the Depending on the case, some exhibits may require
exhibits submitted and a request detailing what the an examination for the presence of hairs, saliva, fae-
police aim to prove by the examination of the items ces or urine, and joint examinations may be necessary
submitted. I review the information and the examina- where the presence of other types of trace evidence
tion request and, if necessary, contact the police for requires consideration by another forensic specialist.
any further information or for additional exhibits that When the initial examinations have been under-
I believe are necessary to undertake the examination taken, I examine the items myself, and review and
(Continued)
280 Principles of forensic ­science and crime scene investigation

Box 21.4 (Continued) A typical day in the life of a senior forensic scientist in the UK
confirm the initial findings made by the forensic exam- regarding the circumstances of the incident as known
iner. I will then make key decisions to progress the at that time. Often the information provided at the
case, such as the selection of relevant blood/body fluid early stage of the investigation will be limited, and that
stains for DNA profiling analysis, or the interpretation from witnesses may be incorrect, so keeping an open
of the nature and distribution of any blood present in mind when interpreting the scene is essential.
order to comment as to how the blood was deposited At many scenes involving the discovery of a body, I
on the item. For example, in a case where it is alleged a will initially work closely with a Home Office Pathologist
person was kicked or stamped upon, I may be able to and Crime Scene Investigators to ensure that relevant
comment as to whether the nature and distribution of trace evidence is recovered from the body, and that
bloodstaining on an assailant’s footwear is indicative of any blood patterns are observed and documented
the wearer having kicked or stamped on an individual. I with the body in situ. Depending on the type of scene,
may need to assess the presence of any textile damage I may work closely with other experts. For instance, in
to a garment, for example, to determine if a garment cases where an attempt has been made to conceal a
had been cut or torn, and I may have to establish if any murder by setting fire to the scene, I will work closely
stab cuts are present and establish if a particular imple- with the expert in fire investigation in order to examine
ment could have caused damage to a garment. the scene in a coordinated, sequential manner so that
A great deal of time is spent reviewing analytical no potential evidence is compromised or overlooked.
results and compiling reports or statements for court, On completion of the scene examination, I ‘debrief’
as well as reviewing other scientists’ strategies, reports the crime scene manager and/or the investigating offi-
and statements. Such peer review is essential for qual- cer on my interpretation of the bloodstain patterns at
ity assurance purposes, and forms part of the formal the scene, and offer advice as to which exhibits ought
quality assurance system in which forensic scientists in to be submitted to the forensic science laboratory as a
my organisation operate (including the accreditation priority to assist the investigation.
standards for laboratories – ISO 17025 – and for crime The police will normally submit key exhibits in rela-
scene ­investigation – ISO 17020). tion to the scene to be examined immediately in order
Once all the examinations and analyses are com- to assist in the charging of a suspect or to identify an
pleted in a case, I write an evidential statement or a assailant if the case is undetected. This will require the
report detailing the findings and offer any interpreta- examinations and any DNA profiling tests undertaken
tion if possible. Reports are initially sent to the police to be completed within 48 hours of submission to the
informing them of the results obtained, however, if laboratory. One of the most satisfying aspects of my job
the case proceeds to trial an evidential statement will is obtaining a DNA profile from a sample and obtain-
need to be provided, providing a full evaluation of the ing a match on the National DNA Database, allowing
findings, documenting the continuity of exhibits, and the police to apprehend an assailant for a violent crime
containing explanations of the techniques employed in who until then was unknown to the investigation.
the case. In some cases, the version of events given by Periodically, I am required to attend court to
the victim and suspect may differ, and I may be able to give evidence in a trial, which involves travelling to
offer an opinion in my statement as to whether or not a court which is usually in the region in which the
the scientific findings offer scientific support in favour crime occurred. When giving expert forensic science
of one of the versions of events over the other. evidence, I will be expected to explain complex scien-
Every six weeks I will be on call 24 hours a day for tific methods and evidence in ‘layman’s terms’ to the
one week in order to respond immediately to any court, and I can expect to be subjected to cross exami-
request to attend a crime scene, which may be indoors nation by the defence in which I may have to consider
or outdoors. The request will usually require the inter- alternative hypotheses for my findings or robustly
pretation of bloodstain patterns at the scene in order defend my interpretation and conclusions.
to shed light on the events that led to the death of
Andrew Parry BSc (Hons)
the individual(s) and to offer advice on the recovery of
Senior Reporting Forensic Scientist
trace evidence at the scene. Prior to entering the crime
Cellmark Forensic Services
scene, I will usually attend the police station where the
Abingdon, UK
investigation is being run, and will be ‘briefed’ by the
(http://www.cellmarkforensics.co.uk/)
police crime scene manager or the ­investigating officer
Sample analysis 281

that pair with a complementary chain to produce the The loci that are amplified vary in the number of
double helix. One chromosome of each pair is inherited repeats that are commonly encountered and so a range
from the mother and the other from the father. DNA in size and thus molecular weight exists. The sample is
is also present in mitochondria, which are organelles subjected to capillary electrophoresis in a genetic analy-
located in the cell cytoplasm; this latter DNA is inherited ser across a high potential difference. This means that
through the maternal lineage. the low molecular weight alleles pass through the cap-
Currently, the most common type of DNA profiling illaries and are detected more rapidly than those of a
utilises the fact that there are short regions, normally higher molecular weight. As each of the STR alleles have
consisting of between three to five nucleotides in length, been tagged with a fluorescent dye, they are detected
repeated a variable number of times along a chromo- as they pass a laser detector. The time of detection,
some. These are called short-tandem repeats (STRs). calibrated against a molecular weight standard, and
They are generally believed to be non-coding and are the particular dye label enables a range of STRs to be
conserved from generation to generation. The number of analysed in the same sample. As each allele passes the
repeats gives the name to the STR variant (the allele) on laser, it registers as a peak in intensity of the fluorescent
the chromosome and varies between individuals. The dye. This is translated into an electropherogram (EPG)
range of variation is relatively low and, individually, which represents a DNA profile as a series of peaks along
each allele occurs quite commonly (generally between a graphical line (Figure 21.4).
5 per cent and 40 per cent of the population). A person If a profile has been obtained from a crime scene
can have the same (homozygous) or different STR alleles sample such as a blood stain, it can then be compared
(heterozygous) at each region (locus) that is analysed. with a reference sample, often a mouth (buccal) swab,
The power of DNA analysis is realised when one con- from an individual believed to be connected to the case,
siders that currently sixteen different loci are analysed, or a match searched for on a DNA database. If DNA pro-
giving a total of 32 alleles plus an indication of the sex files do not match then they could not have come from
of the individual in a collection referred to as DNA17. the same person. Conversely, if the crime scene profile
matches at every locus then the DNA could have come
from the reference person. Only identical twins would
How is a DNA profile obtained? share the same profile. If a large number of loci have one
A sample that is taken for analysis undergoes several or more alleles in common, however, then the analyst
steps before a DNA profile can be obtained. The first is may suspect that the profile comes from a close relative
to extract the DNA from the cellular matrix. Different of the identified individual instead.
chemical processes may need to be used in order to Once a matching profile has been identified a statistic
recover the DNA: for example, a ground tooth would can be provided as to the likelihood of the match in com-
receive very different treatment from that of a cigarette parison with a hypothesised unrelated person. The more
end. incomplete a s­ ample profile is (a partial profile) the more
Following this, the amount of DNA within the sample people may be expected to match by chance. The way in
is estimated. In forensic samples, the concentration of which the statistics are calculated relies on an assump-
DNA is often very low and measured in nanograms per tion of independence between loci; most STRs are on dif-
microlitre (ng/µl). This stage is necessary so that the cor- ferent chromosomes or far enough apart to assume this.
rect amount of the extracted sample is used for the next This independence allows the frequency of the alleles
stage (amplification) to ensure an optimum chemical at each locus to be multiplied across all the loci. Even
concentration for maximum sensitivity. The scientist if many of the individual matching alleles are common
will normally amplify around 0.5 to 1 ng of the DNA in the population, the likelihood of some other person
(aiming for a minimum of 0.2 ng, roughly the rough providing the same profile decreases rapidly with each
equivalent of around 30 cells). added locus. It is estimated that the probability of any
Amplification is carried out using the polymerase other person unrelated to an identified person sharing
chain reaction (PCR), which uses a thermostable enzyme- the same profile will be less than one in one ­billion.
catalysed reaction over a number of cycles in which the Box 21.5 illustrates some significant historic cases in
double strands are separated to allow a complementary which the use of DNA evidence was crucial.
strand to be produced and annealed. Each PCR cycle, if
it were 100 per cent efficient, would double the amount DNA Statistics and Bayes Theorem
of DNA present within each sample. Around 28 cycles Discussion of DNA profiling inevitably involves terms such
are used in a standard DNA17 analysis. A short comple- as ‘likelihood of a match’, or ‘match probability’. These are
mentary ‘primer’ labelled with an attached fluorescent used in the expression of the strength of the evidence and
dye starts the process by annealing to the flanking region the methodology used relies on the use of Bayesian statis-
of the STR and enables labelled copies of the STR to be tics, methods that use the theories developed by Thomas
detected and its size measured. Bayes, an 18th-century clergyman. These differ from the
282 Principles of forensic ­science and crime scene investigation

Figure 21.4 DNA profile. (Courtesy of Professor Denise Syndercombe-Court.)

Box 21.5 Historic legal cases in which DNA evidence was significant


First UK criminal conviction utilising DNA evidence A man was subsequently overheard in a public
In November 1987, Robert Melias was convicted in house saying that he had ‘taken the place’ of a friend
Bristol, England for rape following comparison of his during the screening; that man, Colin Pitchfork, was
DNA profile with that contained in a semen sample arrested and a DNA profile of his blood matched that
recovered from the victim. He pleaded guilty and was of Dawn’s killer. He confessed to her murder and that of
sentenced to eight years in prison. Linda Mann, and was convicted in 1987.
First UK murder conviction utilising DNA evidence: First UK post-conviction exoneration utilising DNA
Colin Pitchfork evidence
Following the rape and murder of a 15-year-old school- In 1988, Michael Shirley was convicted of the rape and
girl, Dawn Ashworth, in Leicestershire in 1986 – less murder of Linda Cook; a semen sample was recovered
than a mile from the discovery of the body of Linda but was of insufficient volume to permit DNA profiling.
Mann, another 15-year-old schoolgirl in 1983 – a local Low copy number DNA analysis was performed in
youth was arrested and charged with Dawn’s murder. 1999, the results of which were inconclusive. Further
DNA analysis, however, showed that he could not work in 2001 revealed ‘foreign’ DNA bands that did not
have been her assailant, and he was released. Police match Shirley or Cook, and the Court of Appeal ruled
invited all young men in the area to give blood sam- that his original conviction was unsafe. He was released
ples for profiling, but screening of some 5 000 samples in 2003.
failed to reveal a ‘match’.
Sample analysis 283

frequentist approach often encountered in scientific anal- the ethnicity of the subject will be extremely low for a
yses as they include a measure of subjectivity to assist in full profile but will increase when the profile is incom-
determining the probability of an outcome. For example, plete (contains fewer loci available to match). The ratio
when undertaking a long series of experiments tossing a of the two probabilities, A and B, provides the likelihood
coin, we expect that the frequency of getting a head would ratio. In Bayesian inference, this could be restated as:
be 50% (probability 0.5). If, however, the coin has a small
weight attached to one side this would tend to bias the out- Posterior odds
come. Bayes theorem offers a way to condition the prob- (of guilt after considering all the evidence)
ability to account for additional information. In its odds
= Genetic odds
form Bayes Theorem is more simply stated as:
Posterior odds = Likelihood ratio × Prior odds (of getting a full matching profile)
× Non-genetic odds
in which the prior odds (belief that the frequency of get-
ting a head when tossing a coin is 50%) is multiplied by (prior odds of guilt after considering
the likelihood ratio. In terms of the coin throwing, the all the other evidence)
likelihood ratio can be defined as:
It is very important when considering DNA evidence
Probability that the coin (and indeed other forensic evidence), that it is expressed
is fair as the probability of the scientific evidence (E) given
Likelihood ratio =
Probability that the coin two hypotheses put forward by the prosecution and the
is not fair defence (Hp or Hd) under consideration of the scientific evi-
dence. This is distinct from the probability of the hypoth-
Bayesian inference is useful in forensic investiga- esis given the evidence, which is the question addressed
tions because the likelihood ratio, which represents the by the jury, which considers all of the evidence. This high-
probability of the evidence under two propositions, is lights the danger of a jury considering the scientific evi-
provided as part of the investigation and we can use it dence alone, such as a piece of very strong DNA evidence,
to update the prior odds at the time. In relation to DNA without considering reasons for the DNA being present
evidence, if a single DNA profile from a crime scene that may not be associated with the crime. Presenting the
matches a given individual, one can assess the prob- sometimes very persuasive scientific evidence in isolation
ability of the evidence given two hypotheses: is called the ‘prosecutor’s fallacy’ or ‘transposing the con-
ditional’ where the relative positions of the conditional (|)
A. The DNA originated from that person probability are more easily seen when the above equation
B. The DNA originated from another, random, unre- is represented in the formula:
lated person.
p(Hp |E) p(E | Hp ) p(Hp )
The probability of the outcome being true in regards to = ×
p(Hd | E) p(E | Hd ) p(Hd )
hypothesis (A) is 1.0. Looking at the alternative hypoth-
esis (B), one has to consider a number of factors such as See Box 21.6 for an exploration of how forensic scien-
the rarity of each allele and any potential knowledge of tists interpret forensic evidence.

Box 21.6 How do forensic scientists interpret forensic evidence?


The interpretation of forensic evidence is a broad and of evidence can be based. One such approach is via
sometimes complex subject, which usually relies upon the use of Case Assessment and Interpretation (CAI), a
some form of expert opinion permissible in the adver- phrase coined in the 1990s by Dr Ian Evett and co-work-
sarial legal system in the UK. ers in the Forensic Science Service (FSS). CAI provides
Following several miscarriages of justice over the last a framework and methodical approach that can be
40 years or so, there has been a drive by forensic practi- used for all evidence types by scientists in their chosen
tioners and statisticians to introduce methods of inter- fields of expertise. It incorporates the use of compet-
pretation of evidence that are less subjective and more ing propositions and the evaluation of a likelihood ratio
objective. This is gradually being achieved by encour- (via the odds form of Bayes theorem) and, in addition,
aging the use of databases, data from studies and sur- the key process of case pre-assessment. In the labora-
veys, soft data (via the experience of the scientist) and tory environment, the scientist reviews the information
by using a framework from which the interpretation from the case circumstances and, items submitted and
(Continued)
284 Principles of forensic ­science and crime scene investigation

Box 21.6 (Continued) How do forensic scientists interpret forensic evidence?


makes an assessment as to the potential evidence that is able to address propositions at this level this will
may be recovered and, if so, what this may mean in the provide more assistance to the police and to the
context of the case scenario. It also prompts the scien- courts. Following on from the saliva evaluation at
tist to ask for further information or raise questions. It source level, there may have been an allegation
is also at this stage that the scientist will identify one of that the suspect bit an individual’s arm. Assume
three routes the case may follow: factual (or technical), that a DNA profile matching the suspect has been
investigative or evaluative. obtained from the stain on the arm and the sus-
Factual route: This is regarded as being a findings- pect has said he met the person in a night club,
led process with mainly facts being communicated to then the scientist may evaluate the evidence as:
the courts and the police. There is only limited inter- ‘the findings provide strong support for the prop-
pretation which may involve calibration and frequen- osition that the suspect bit the arm of the jacket
tist statistics. Typically, questions such as ‘how much rather than via casual contact’.
alcohol is present in the blood sample?’ or ‘how many • There is a third ‘offence’ level which should not be
glass particles are there on the surface of the coat?’ fall addressed by the forensic scientist as this consid-
into this category. ers the nature of the offence itself and is for the
Investigative route: There is some level of interpreta- courts to consider.
tion, which is based upon one or more scenarios and
The general benefits of CAI are well established and
questions posed by the police or courts. This route
documented. In essence it provides:
tends to be followed by scientists in the laboratory and
scientists attending scenes when details about the case • Logic by using a framework of pre and post assess-
circumstances are often scant. Generally, the interpre- ment of the relevant circumstances.
tation will involve generating one or more explanations • Balance via addressing competing propositions.
for the presence or absence of evidence based upon • Transparency by detailing how and why a conclu-
what is known and found. For example: ‘one explana- sion has been reached and what data have been
tion could be that the suspect smashed the window at used.
the scene’ or ‘another explanation is that the blood pat- • Robustness where the process allows for indepen-
tern suggests that an offender attacked the victim with dent scrutiny and challenge.
a knife in the hallway of the premises’. Note: there are
no probabilities associated with explanations. The evaluation of the findings is generally commu-
Evaluative route: This route can use both hard and nicated on a scale of evidence. The most recognised is
soft data and the evaluation of a likelihood ratio in that listed by European Network of Forensic Science
light of two competing (mutually exclusive) proposi- Institutes (ENFSI) and the Association of Forensic
tions, usually one for the prosecution and another for Science Providers and has been used by most areas
the defence, which are formulated at the pre-assess- of the UK forensic community for many years. The
ment stage of the case. Depending upon the evidence scale runs from ‘no support for either proposition’ to
involved and the case circumstances, a case that can be ‘extremely strong support’ in favour of one or other of
evaluated falls into one of the following levels: the hypothesis considered.
Over the last few years, the topic of cognitive bias
• Sub-source & Source: The evaluation is based upon in forensic science has become increasingly important,
observations, measurements and analyses, includ- and ways and means to minimise such effects are being
ing reference to databases, such as the interpre- introduced. Cognitive bias is another broad subject
tation of a DNA profile (sub-source). The finding that can be sub-categorised in a number of other biases
of saliva matching a particular individual may be and effects which can influence the expert (either con-
reported at source level as: ‘the findings provide sciously or unconsciously) in arriving at an opinion or
strong support for the proposition that the saliva conclusion. However, there are measures in place for
stain on the clothing originated from the suspect the practitioner based in the laboratory to follow so as
rather than some unrelated individual’. to minimise any potential risk. A guidance publication
• Activity: This evaluation is based upon observa- by the Forensic Science Regulator (FSR-G-217 Cognitive
tions, measurements and analyses, and in addition Bias Effects – relevant to forensic science examinations)
to source level, aspects of transfer and persistence, provides an important and useful resource.
distribution, numbers recovered and reference Typically, the pre-assessment stage of a case, prior
to forensic studies. Typically, evidence has been to establishing if findings are present, can overcome
transferred following some activity. If the scientist the temptation to tailor a conclusion to fit evidence
(Continued)
Sample analysis 285

Box 21.6 (Continued) How do forensic scientists interpret forensic evidence?


recovered or not, but also what findings, if any, are Whilst the scientist attending a scene does not
expected in light of the case scenario. always have the same safeguards in place as work-
Other key measures highlighted in FSR-G-217 which ing in the laboratory, it is recognised that the scien-
should be followed to minimise bias include: tist will only make a provisional interpretation in the
field and make it clear that any opinion or conclusion
• The communication of results should be clear and
may change as more information arises or changes.
unambiguous.
The scientist will undergo a debriefing with another
• The interpretation of the evidence should be
competent scientist at the laboratory to discuss tests
based upon a methodical approach and built on
performed, initial opinions, exhibits collected, etc. In
principles that have been tested, validated and
the majority of cases where a scientist has attended a
transparent (such as CAI).
scene, the case will be followed up in the laboratory
• Practitioners must be appropriately trained, expe-
and further examinations and test will be conducted
rienced and continuously meet acceptable stan-
and one of the routes discussed followed accordingly.
dards of competence in their field of expertise and
in interpretation of pertinent findings. Dr Tina Lovelock CChem FRSC MCSFS
• All cases must undergo a full independent and Interpretation Lead, Chemistry Lead & Senior
peer review of the findings and reinterpretation Reporting Forensic Scientist at
by another competent scientist. Cellmark Forensic Services
Abingdon, UK
(http://www.cellmarkforensics.co.uk/)

Mixed DNA results microscopically, and sampling appropriately directed.


In other instances, a whole area may need to be specu-
A DNA profile can often be a mixture of DNA from more latively swabbed.
than one person. This is very common, especially in The Y-STR DNA technique uses the same STR-based
cases of sexual assault, and can lead to significant com- technology as standard DNA profiling but looks at a
plications in interpretation. If a case involves people number of STRs on the Y-chromosome (i.e., only from
who are closely related this can also complicate analysis males). This can be extremely useful in cases of sexual
as they are more likely to share alleles than unrelated assault when amounts of male DNA are very low com-
people. Different methods of looking at DNA mixtures pared with female within a sample and it is difficult to
have come under significant scrutiny but guidance on separate the two. Results would be expected to be the
the use of probabilistic statistical approaches will assist same in related males.
in removing interpretation bias. Mitochondrial DNA analysis can be used where
nuclear cellular material is low, for example, from hair
Other forms of DNA analysis shafts or in cases where decomposition has meant that
The ability to get a DNA profile from very small much of the DNA that would have been used has degraded.
amounts (low-template DNA) of biological material Mitochondrial DNA is in the form of a small circular mol-
emphasises the need to reduce contamination risks ecule and, typically, there may be 1000 or more mitochon-
as far as possible and the laboratory environment and dria in the cytoplasm of a single cell. The analysis normally
procedures need to be designed and monitored with involves sequencing the polymorphic control region. As
this in mind. Historically, methods were employed to mitochondrial DNA is inherited from the mother (mater-
increase the num­ber of amplification cycles – low copy nal mitochondria in the egg outnumbers that present in
num­ber (LCN) – but these have been subject to legal the fertilising sperm cell by at least 200 times), female
challenge and today the chemistries provided have relatives and children from the same mother would be
overcome most of these problems and full profiles can expected to have the same mitochondrial DNA profile.
be obtained from amounts as low as 0.125 ng (approxi- Single nucleotide polymorphisms (SNPs) are areas
mately 20 cells). where single base-pair variation occurs. As it looks at
DNA profiling is often used to identify potential such small areas, this can be used in cases where DNA
individuals who have handled an item, depositing skin is severely degraded (e.g., by heat). This type of DNA
cells or cell-free DNA (cfDNA), such as on a door handle, analysis was used to identify individuals from the World
for example. It can also be used to assist in the identi- Trade Centre in 2001. It has more recent forensic uses in
fication of wearers of garments such as gloves or hats inferring visible traits (e.g., hair eye and skin colour) and
and shoes. In some instances, skin cells may be visible biogeographical ancestry.
286 Principles of forensic ­science and crime scene investigation

National DNA Database also been used to differentiate venous and menstrual
blood, for example.
The UK National DNA Database (NDNAD) is the oldest
DNA database in the world. It holds the details of people
arrested in connection with an arrestable offence under
Blood
the Police and Criminal Evidence Act 1984 as well as The presence of blood is normally suggested by its colour
data relating to crime stains for which there are no refer- and the chemical reaction it gives when a presumptive
ence profiles. Crime scene samples are searched against test is applied. Blood, however, does not always appear
the database and compared with each other, nightly, in as red/brown in colour and may have been diluted. This
order to identify whether or not there could be a match can make it very challenging to locate stains, particu-
to someone on the database, or a link to another crime. larly on a darker surface.
It is highly efficient as around 10% of the population Stains that are to be tested are scraped with the edge
(mostly young to middle-aged men) have their profiles of a piece of folded sterile filter paper. The presumptive
recorded on the database. Over 60% of cases in which a tests used are generally leuco-malachite green (LMG)
DNA profile is obtained from the crime scene provides or Kastle–Meyer (K-M). Both involve the addition of the
a name to police. The power of the database also means reduced form (colourless) of each reagent to the filter
that there is a strong possibility that a familial link paper followed a few seconds later by hydrogen perox-
would be uncovered but such searches require special ide. If a rapid colour change occurs after the addition of
authorisation for privacy reasons and are limited to seri- both chemicals, and the colour of the scraping is typical
ous cases. Typically, there are under 20 such compari- (green for LMG, pink for K-M) of a bloodstain, then the
sons made annually. presence of blood is indicated. The colour change occurs
There have been considerable concerns raised about as blood has a peroxidase-like activity due to haemoglo-
the NDNAD by many, including those with an interest bin, which catalyses the oxidation of each chemical to
in civil liberties, about the appropriateness of retention its coloured form.
and the delay or absence of destruction of profiles. This When bloodstains cannot be seen, different methods
is especially with regards to those who never go to trial of detection can be used. For example, luminol, in solu-
for the allegation for which they were arrested, those tion, provides a blue chemiluminescent signal in the
who are acquitted and the vulnerable, such as children. presence of iron (present in haemoglobin) and provides
The judgement in the case of S and Marper v UK (2008) a very sensitive technique for latent bloodstains.
before the European Court of Human Rights, in which
the petitioners had requested that their DNA profiles Semen
were removed from the NDNAD but were refused by
Human semen is made up of both a liquid and a cellu-
UK courts, led to the Protection of Freedoms Act (PoFA)
lar fraction in non-vasectomised post-pubescent males.
2012. This law ensures that samples are destroyed
Semen is detected by forensic scientists using the acid
within six months, and profiles from those who are
phosphatase (AP) test, as AP occurs in high levels in
not convicted are held for a maximum of three years,
human semen. When testing clothing or other larger
although there is special consideration in exceptional
items, a press-test of filter paper onto a dampened item
circumstances, or if the individual is a minor.
suspected of bearing semen staining is used. The filter
paper is then removed and sprayed with the AP reagent.
Body fluid analysis If a purple colour develops, the presence of semen is
Forensic scientists will often be requested to conduct indicated (Figure 21.5). Bacterial infections can give
searches for a number of biological fluids, including false reactions with AP reagent (a pinkish colour). False
blood, semen, saliva, urine, faeces and others in attempts positives can also occur from vaginal AP; however, gen-
to identify individuals (and in some instances species) erally only AP from semen produces the quick change to
who may have left the stains (using DNA analysis) as well a strong purple colour.
as interpreting them in the context of their location. Most Semen is confirmed by locating the stained area on
identifications are done through chemical tests but these the garment and extracting some of the stain before
are done on samples that are distinct from the material making up a microscope slide containing some of the
used for DNA and the link between body fluid and indi- extract. If spermatozoa are seen, the presence of semen
vidual cannot be made. Methods to co-extract DNA and is confirmed.
RNA from such samples can be used to provide a more If swabs are to be tested, they can also be pressed
robust body fluid source identification and person associ- onto a piece of filter paper before AP is applied or, alter-
ation: techniques include use of messenger RNA (mRNA), natively, the swab can be extracted, the cellular frac-
micro RNA (miRNA), and epigenetic approaches, are tion spun down and a fraction of the liquid supernatant
most commonly described and these techniques have tested instead to conserve cellular material. In a similar
Blood pattern analysis 287

locator test detects the presence of amylase, an enzyme


found in high levels in human saliva. The most com-
monly used method for amylase is the Phadebas test
which can be used in two ways. It can be used in a press-
test whereby Phadebas paper is placed against the item
under test and wetted. If a uniform blue colour devel-
ops, the presence of amylase is confirmed. Depending
on the location and strength of the reaction, an opinion
can be given as to the presence of saliva. The areas giv-
ing positive chemical reactions can then be isolated and
submitted for DNA analysis. In cases where allegations
of kissing/licking/biting/sucking different parts of the
body have been made, this can be a very useful test to
employ.
The Phadebas test can also be used as a tube test
Figure 21.5 A positive reaction result for acid whereby stains/swabs are extracted and measured
­ hosphatase (AP), indicating that semen could
p quantities of liquid supernatant can be added to a solu-
be ­present, after application of the AP reagent tion of the test reagent. This method can be extremely
­(photographed at two m ­ inutes after application). useful in cases where staining is suspected to be very
(Courtesy of Manlove Forensics Ltd.) light as it is highly sensitive and easier to interpret than
the press-test method.
manner, a microscope slide is made to search for sper- Care needs to be taken in the interpretation of
matozoa. Phadebas results as other human body fluids such as
It is important to note how much semen is found vaginal secretions, sweat and faeces can also contain
on different swabs from different areas of the body, by amylase, albeit usually at lower levels. It should also be
quantifying the number of sperm cells, as this can have borne in mind that not all people secrete salivary amy-
a bearing as to how recently semen was deposited. lase; therefore, its absence does not mean that saliva was
It should be noted that in homes where adult male not present.
clothing is washed with the rest of the laundry, sperm
cells found normally on underwear may be expected to Urine and faeces
be transferred to other items within the wash. Washing
items will not remove all sperm cells from an area of On occasion, the presence of urine or faeces needs to be
staining but will remove the chemical that will react with confirmed, for example, from cases of alleged anal rape
AP reagent. Therefore, if looking for older stains, it can or deliberate soiling of items. There is the simple method
be worthwhile examining significant exploratory areas of dampening and warming items with regard to each
to look for sperm cells despite a negative AP reaction. In body fluid, with the characteristic odour developing, or
such instances, it is best practice to analyse control areas one can use chemical tests, which are available for both
to demonstrate the absence of sperm cells elsewhere. urine and faeces.
If a male has been vasectomised successfully, no In the case of urine, tests such as the dimethy­
sperm cells should be present within an ejaculate. In laminocinnamaldehyde (DMAC) test can be employed
these cases, a second chemical test can be used for con- to detect the presence of urea, a chemical constituent of
firmation. Prostate specific antigen (PSA) found in semen urine. Other tests can also be employed, for example, for
uses an antibody-based technique. The Florence Iodine the chemical creatinine, another constituent of urine.
test to detect choline in seminal fluid can also be used in Both of these tests rely on colour changes to provide
which a small amount of the reagent is introduced to a positive results.
slide carrying some of the extracted stain. The iodine in Stains suspected to be faecal in nature can be tested
a potassium iodide solution is precipitated by the chemi- using Edelman’s test, which detects the presence of uro-
cally basic choline forming characteristic brown crys- bilinogen, a chemical constituent of faeces.
tals, suggesting the presence of semen. However, this
method is not considered to be very sensitive and cau-
tion should be taken in the interpretation of the results.
Blood pattern analysis
If an individual sustains an injury that bleeds, that
blood can be transferred to clothing, footwear and
Saliva surrounding objects and surfaces. Bloodstain pattern
As saliva stains are usually translucent, a test used to analysis (BPA) can be used to assist the investigator
locate and identify such stains is very important. The in a variety of ways. It may be possible to determine
288 Principles of forensic ­science and crime scene investigation

a sequence of events, the movement of people in the


course of an assault, a minimum number of blows, and
to comment on a possible weapon used to inflict injury.
It may also be possible to determine the location of an
attack site(s) using simple mathematics to determine
the point of origin of bloodstains.
The nature and distribution of the staining can vary
greatly, depending on several factors including:

• The type of blood vessel damaged


(a)
• The location of the damage (exposed or under
clothing)
• The mobility and actions of the injured individual
after receiving the injury

Bloodstain patterns are divided into a number of cat-


egories, from those that result in blood falling with grav-
ity, to contact stains, and those distributions that result
from forces being applied to the source of the blood (e.g.,
impact spatter or cast-off).

Downward drips
Downward drips are formed when blood falls from a
surface (such as the end of a finger) under the force of (b)
gravity. If they land on a flat surface, they will make a
characteristic circular stain, although if the surface is not
smooth (e.g., pavement) the stain can be quite distorted
(Figure 21.6).
If blood is dropped onto an absorbent surface such as
carpet, the stain can be much smaller while still being of
the same volume. If a number of drops fall onto the same
location, a distribution which could be confused with
a more active event is created as the blood makes con-
tact with other wet staining already present. The force of
the blood drops falling into wet blood that has already
fallen results in a number of smaller, satellite drops (c)
being projected away from the area of impact. Such sat- Figure 21.6 Blood dripped onto (a) painted metal,
ellite droplets can be projected for quite some distance (b) wood and (c) concrete.
from the centre of the distribution; this is dependent on (Courtesy of Manlove Forensics Ltd.)
the height from which the blood is falling, the texture
and absorbance of the surface and the amount of blood
already present.

Contact blood staining


Contact bloodstains are formed when a blood-stained
item comes into contact with another, non-stained
item (Figure 21.7). If a surface is moving when it comes
into contact with another surface, and one is blood-
stained, a blood smear will result. Contact smears
are divided into wipes and swipes. If a surface is con-
tacted, for example, by a bloodstained hand, the result-
ing stain is a swipe. Conversely, if a clean hand moves
through blood staining on a surface, the resulting stain
is termed a wipe. Figure 21.7 A contact bloodstain created by a
Other types of contact staining commonly encoun- ­bloodstained hand touching a wall.
tered are footwear marks and fingerprints left in blood. (Courtesy of Manlove Forensics Ltd.)
Blood pattern analysis 289

It can be a matter of great contention as to whether or not Cast-off


a fingerprint was left by a bloodstained finger or whether
an impression was made by a finger into an existing wet Cast-off is formed when an item bearing blood staining is
bloodstain. Scientifically, it can be very difficult to dis- moved through the air with sufficient force to drive blood
tinguish between the two alternatives. from its surface. For example, if an individual is repeat-
In cases involving marks, there may be areas of the edly beaten with a baseball bat, blood may gather on the
mark that are so faint that they cannot be resolved by face of the bat each time it is raised and lowered, and this
the eye, or indeed the camera lens. Such marks require blood may be driven off by centrifugal forces. Such stain-
enhancement and there are a variety of chemicals avail- ing is often in a line, hence the common term ‘in-line’ cast-
able that will effectively enhance marks in blood. off (Figure 21.9). Owing to the movement of the end of such
a weapon, the staining can form a figure of eight pattern.
Impact spatter Items such as knives and fists can also produce cast-off.
When someone is struck in an area that bears wet blood
staining, the stains can be broken up and projected
Arterial spurting
away from the area of impact. The staining that results is When an artery is damaged (e.g., by a knife or blunt
termed impact spatter and is characterised by a number impact), blood is projected under high pressure, which
of different-sized blood stains on surrounding surfaces. does not happen with venous bleeding (the venous
The greater the force that is applied the smaller the stains system being a low-pressure system). If the injury is
tend to appear. If stains are projected in a perpendicu- exposed, blood can be projected over some distance,
lar direction onto a surface, they will appear circular. If landing on adjacent surfaces. As a result of the quantity
there is an angle less than 90°, the stains become ellipti- of blood being expelled from the body, such staining can
cal in shape and may have a characteristic tail, having be very heavy and will form a very characteristic pattern
the appearance of an exclamation mark (Figure 21.8). By of large stains and runs. There may also be a wave-like
careful measurement and the application of some simple pattern to the stains because the pressure with which
mathematics, it is possible to determine the angle of inci- the blood is forced from the body reflects the pumping
dence with the surface and thus the trajectory that the action of the heart (Figure 21.10).
drop of blood would have made. By measuring a num-
ber of different stains, it can be possible to locate an area Physically altered blood stains
where the impact occurred. Bloodstains can be physically altered over time or by the
The force made by the discharge of a firearm can addition of other body fluids. This may mean that the
create bloodstains so small they are termed misting. blood/admixture does not have the expected appear-
Such staining will travel forwards as well as backwards ance, or have the same physical properties as whole
towards the weapon if it is in close enough proximity to blood. On occasion, injuries can be inflicted following
the wound. a gap in time after an initial assault and blood may have
Coughing or sneezing may create patterns similar to begun to clot. Subsequent blows can result in unusual
impact spatter if an individual has blood within their stains being observed. These may be an admixture of
airways. It may be possible to see some alteration of the blood and mucus/saliva if injuries are to the facial area,
staining because of the mucus content of such stains but or other body fluids such as urine may affect the appear-
care needs to be taken in interpretation. ance of blood staining (Figure 21.11).

Figure 21.8 A typical impact spatter pattern. The


source of wet blood was located at the centre Figure 21.9 Cast-off blood patterns created when a
of the b
­ ottom edge of the picture. baseball bat wet with blood was swung through the air.
(Courtesy of Manlove Forensics Ltd.) (Courtesy of Manlove Forensics Ltd.)
290 Principles of forensic ­science and crime scene investigation

Someone who has bled into their stomach may vomit


so-called ‘coffee grounds’, the appearance of such
‘altered blood’ being caused by the mixing of blood with
the acidic stomach contents.
Other body fluids may mimic blood; decomposition
fluid is often mistaken for evidence of a violent assault
where none has occurred.

Luminol
If attempts have been made to clean away blood staining,
the scientist can use chemical means to visualise stain-
ing that may have been present prior to those efforts.
The use of luminol, a highly sensitive chemiluminescent
compound, can help the scientist visualise where blood
Figure 21.10 Projected blood pattern: arterial staining had been present before any such cleaning
spurt/gush. (Image copyright Forensic Science Service efforts. It should be noted that the carrier for this chemi-
[FSS]. Reproduced with permission.) cal is primarily water so its use should be one of the final
actions at a scene (Figure 21.12).

Damage assessment
When items are broken, it can be possible, by visual and
microscopic examination, to tell whether or not two or
more items are fragments of one original item; for exam-
ple, the two broken halves of a plate. This is achieved
by comparing gross features as well as finer details. The
more points of comparison that can be made, the stron-
ger the opinion that can be offered.
By examining the edges of, and fibre damage to,
clothing items that have been torn or cut, it may be
possible to comment on what type of damage actually
occurred, as in many cases where allegation of tearing
occurs, a cut has been used to start a tear. It is also pos-
sible to comment on how recently damage may have
occurred.
Using controlled tests and reconstructions, it is also
Figure 21.11 Blood mixed with another body fluid possible to comment on whether or not a specific item
­projected onto a wall. Note the dilute appearance. or action caused an area of damage.

(a) (b)

Figure 21.12 (a) A section of carpet with no blood staining visible. (b) The same section treated with luminol,
­revealing superimposed hand and footwear marks.
Footwear 291

Fingerprints
Fingerprints are formed within the womb at approxi-
mately 12 weeks of gestation and, apart from damage
by environmental factors do not alter during one’s life-
time. There is some debate as to the purpose of these
ridges, with support for the notion that the presence
of fingerprints leads to an increase in grip, and/or
enhances the sensitivity for the perception of texture.
The overall nature of a fingerprint can be described in
terms of loops, whorls or arches, describing the overall
appearance of the pattern of ridges. On a smaller scale Figure 21.14 A finger mark in blood left on the blade of
the ridges themselves form the next level of detail within a knife. The finger was wet with blood prior to touching
the fingerprint; they can terminate or can divide into the blade.
two. These characteristics enable particular patterns
to be formed that are termed ridge ending, bifurcation,
short ridge, spur, dot, bridge, lake or delta. Furthermore, an impression into a surface, such as one coated with
the sweat glands on the ridges themselves give an addi- grease or blood (Figure 21.14).
tional area for comparison should this be required. It is the theory that fingerprints are unique to each
As there are sweat glands within the ridges, an person which enabled them to become one of the pri-
impression of these secretions can be left as a fingerprint mary methods by which identifications of suspected
on a surface (latent marks). Such marks usually com- offenders were made. Fingerprints have been used for
prise a mixture of water-soluble and fat-soluble com- many years to identify individuals and, for example,
pounds. As the fingerprint is made up of compounds have been known to confirm identity by the Chinese in
from the body, their chemical composition can reveal, the 3rd century be.
for example, that someone is a smoker or drug user. It Fingerprints were traditionally recorded from an
is often necessary to use specialised light, or chemical individual by coating their fingers with black ink and
enhancement, on fingerprints so that all available parts rolling them onto a card form. A record of the palmprint
of the mark can be seen. Different wavelengths of light, is now also taken. This ensures that all available detail
and specialised chemicals, are used to enhance the dif- is recorded. While this method is still the main way by
ferent compounds within a fingerprint (Figure 21.13). which fingerprints are recorded, scanning machin-
Fingerprints may also be left (patent marks) if ery is more commonly being used and, as technology
there is a contaminant such as ink, blood or paint – for improves, will supersede the ink-based method.
example, on the finger before it makes contact with a Databases of fingerprints are held on a card-based
surface. Another way of leaving a fingerprint is to make system using the ‘Tenprint’ forms used to take inked fin-
gerprints (Figure 21.15). In recent years, each individ-
ual’s ridge detail characteristics have also been loaded
onto computer-based searchable databases. In the
(a) (b) UK, this was initially NAFIS (the National Automated
Fingerprint Identification System) but this only held
data from England & Wales. IDENT1 now combines data
from England, Scotland and Wales allowing the search
of around 7 million records against marks (including
palm marks).

Footwear
Footwear marks
When people wearing footwear come into contact with
a surface, they often leave an impression. The extent to
which this occurs may depend on many factors, such as
how dirty the sole of the shoe is or the floor surface itself.
The resulting footwear impression can be photographed,
Figure 21.13 A fired shotgun cartridge: (a) untreated, lifted using a variety of media, or it can be recovered
and (b) treated with cyanoacrylate (superglue) fumes, whole (marks on paper, for example) and submitted to a
revealing finger marks. laboratory for a suitable method of ­enhancement.
292 Principles of forensic ­science and crime scene investigation

Figure 21.15 Inked fingerprints used as exemplars for comparison.

There are many different methods of enhancing foot- contact with the ground. Damage detail in the form of
wear marks, some of which are used in the enhancement cuts and nicks may also be formed in a random fashion
of fingerprints. Often photographing under controlled- on the sole of the footwear (Figure 21.16). Examination
lighting conditions, or the addition of specialist light of footwear involves comparing the sole pattern, size
sources, can improve the detail within a mark. When and degree of wear in the mark found at a scene, with
a mark warrants a more intensive examination (e.g., in a test mark made from an item of footwear. If damage
a serious assault) the enhancement may be carried out detail is present in the scene mark, and it corresponds
using chemicals. For soil deposits, potassium or ammo- with damage in the test mark, it is sometimes possible to
nium thiocyanate can be used, which reacts with metal- state conclusively that a mark left at the scene was made
lic ions in the soil. Marks in blood may be enhanced by a particular shoe, and by no other.
using Amido Black solution, which reacts with the pro- When determining the size of a sole pattern, it is not
teins in the blood. There are many other methods of usually possible to establish the exact shoesize, because
chemically enhancing marks. of the many variations in sole patterns of a particular
To carry out a comparison of the recovered footwear model distributed throughout the population. It is pref-
marks with a suspect shoe, a test impression of the sole erable to estimate the size of a shoe from its sole pattern
pattern is required. This can be prepared by brushing by giving a range of sizes that the shoe could be. This
the sole with aluminium or black powder, and then plac- allows for variation in sole pattern between different
ing the shoe, sole-side down, onto adhesive plastic. The moulds, and manufacturers.
plastic is then placed onto an acetate sheet and labelled
to identify the shoe and ensure the correct orientation Footwear marks and skin
of the impression. This can then be laid over the photo- When contact is made with a person with sufficient
graph of the mark recovered from the crime scene and a force, by kicking or stamping, skin deposits may be
comparison made between them. transferred to the inner surface of clothing while next
When shoes are compared, various details are con- to the skin. Such deposits may require specialist light
sidered. As the footwear is worn, general wear charac- sources, and chemical treatment, to increase the con-
teristics develop in the areas of the sole that come into trast between the mark and the background, and allow
effective photographic recording.
When forceful contact is made directly to the surface
of the skin, it is possible for a patterned injury to be left
on the skin, forming a mark which may be characteris-
tic of the surface that made the contact. In the case of
shoe marks, the surface is often made up of regularly-
spaced components that may leave a patterned injury
which corresponds with the pattern of sole components.
The pressure exerted during such a forceful contact
may force blood in the surface of the skin into the gaps
Figure 21.16 Recovered footwear mark showing d ­ amage between the sole pattern components, leaving what is
features. (Image copyright Napier Associates Ltd. often referred to as a negative impression. Forceful con-
Reproduced with permission.) tact with skin that is close to a bone often results in a
Bibliography and information sources 293

patterned injury which bears a greater degree of detail. In cases where there are multiple layers of paint in
However, as the surfaces (of the body and the patterned a sample, it may be possible to state that the evidential
surface of interest) are not flat, distortion can interfere sample came from a suspect car; however, it is often
with visual comparison techniques, including those used as corroborative evidence in a case. In graffiti cases
relying on photographic ‘overlays’ between scaled pho- it is possible to recover microscopic particles of aero-
tographs of the patterned injury and patterned surfaces solised paints in colours that match the colours used in
of interest. Photographic overlay techniques can be a specific incident of vandalism.
used to determine comparisons.
Fibres
Trace evidence Clothing and soft-furnishings are made in a wide array
This type of evidence can include anything that has of fabrics that come from all manner of sources. Natural
been transferred by means such as contact with a sur- fibres, such as wool, cotton and linen have been used for
face or a person and this is the practical application of centuries and they are often combined with man-made
Locard’s exchange principle. Often the material is very fibres to improve their versatility. Within the types of
small and requires microscopic examination. Organic fibre used there may be many different dyes and other
material such as pollen can be considered as trace evi- materials incorporated into them which give different
dence but more often it involves man-made materials properties to the finished garment. All of these charac-
such as glass, paint and fibres. teristics enable the forensic fibre examiner to identify
sources of fibres and compare them with fibres that
have been transferred to other garments or furnish-
Glass
ings. Identification of the fibres involves microscopic
Glass is manufactured for use in construction by float- and analytical techniques, and it is possible to use the
ing it on the surface of molten tin. This produces a glass results in tandem with the number and location of the
that is very flat and can be mass-produced. A mixture of recovered fibres to give an interpretation of the circum-
silicon and various other minerals is added to a furnace stances that caused the transfer to occur. For example,
and then poured onto the molten tin. Glass can also be it may be possible to state in which seat of a car a sus-
moulded into containers or pressed into sheets with pat- pect was sitting, so that their version of events of the
terns. When glass is broken, small fragments are show- incident can be evaluated. It is sometimes possible to
ered into the surrounding area. If a person were near find an original source of a fibre that is prevalent in a
to the breaking glass it would be expected that some of case by going to manufacturers and obtaining details of
these fragments would transfer to the individual. These the amount and geographic distribution of a particular
fragments will remain on the individual’s clothing until product.
such time that they fall off. The length of time that these
glass fragments remain on clothing depends on many
factors, such as the type of clothing, and the activity of Bibliography and information
the individual.
Glass fragments recovered in the laboratory, or from
sources
Balding DJ. Weight-of-evidence for Forensic DNA Profiles. Honoken:
assault victims and suspects, can be compared with
John Wiley & Sons; 2005.
another source of glass by various means, including the
Bandelt H-J, Richards M, Macaulay V (eds). Human Mitochondrial
measurement of their refractive index and their chemi- DNA and the Evolution of Homo Sapiens. Berlin-Heidelberg:
cal composition. Springer-Verlag Press; 2006.
Barbasin M, Shewale JG. Assessment of DNA extracted from
Paint forensic samples prior to genotyping. Forensic Sci Rev
2010;22:199–214.
There are many varieties of paint for many different Butler JM. Fundamental of DNA separation and detection. In:
uses. If damage is caused to a painted surface, small Butler J (ed). Fundamentals of Forensic DNA Typing. San Diego:
flakes can be transferred. In road traffic collisions, for Elsevier Academic Press; 2010, 175–203.
example, there may be a two-way transfer of material. Butler JM. Short tandem repeat typing technologies used
Once recovered, paint evidence is examined microscop- in human identification testing. BioTechniques 2007;43(4):
ically to identify it, and determine whether it is made up Sii–Sv.
Caddy B, Taylor GR, Linacre AMT. Review of the science of low
from different layers of paint. Each type of paint may be
template DNA analysis. https://www.gov.uk/government/
discriminated by its colour, texture and composition. publications/review-of-the-science-of-low-template-dna-
Various light sources may be used to distinguish differ- analysis (Accessed 21 May 2019).
ent types of paint, or the components can be identified Crown Prosecution Service. DNA 17 profiling: legal guidance. Gov
using chemical tests and analytical techniques, such as UK. https://www.cps.gov.uk/legal-guidance/dna-17-profiling
chromatography and spectrophotometry. (Accessed 21 May 2019).
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EuroForGen. Network of Excellence. Making Sense of Forensic Kirk PL. Crime Investigation: Physical evidence and the Police
Genetics, 2017. https://www.euroforgen.eu/dissemination- Laboratory. New York: Interscience Publishers Inc, 1953.
activities/making-sense-of-forensic-genetics/ (Accessed 21 Locard E. L’enquête criminelle et les methods scientifiques. Paris:
May 2019). Flammarion, 1920. In: Crispino F, Ribaux O, Houck M, Margot
Forensic Science Regulator. Guidance: DNA Mixture P. Forensic science: a true science? Aus J Forensic Sci 2011;
Interpretation. FSR-G-222, Issue 2, 2018. https://www.gov.uk/ 43:157–176.
government/publications/dna-mixture-interpretation-fsr- Mullis K, Faloona F, Scharf S, et al. Specific enzymatic ampli-
g-222 (Accessed 21 May 2019). fication of DNA in vitro. Cold Spring Harb Symp Quant Biol
Forensic Science Regulator. Guidance: The Control and Avoidance 1986;51:263–273.
of Contamination in Crime Scene Examination involving Ong SY, Wain A, Groombridge L, Grimes E. Forensic identification
DNA Evidence Recovery FSR-G-206. Issue 1. https://www. of urine using the DMAC test: a method validation study. Sci
gov.uk/government/publications/­c rime-scene-dna-anti- Justice 2012;52:90–95.
contamination-guidance (Accessed 21 May 2019). Parson W, Bandelt H-J. Extended guidelines for MtDNA typing
Gelman A, Carlin JB, Stern HS, et al. Bayesian Data Analysis, 3rd ed. of population data in forensic science. Forensic Sci Int Genet
London: Chapman and Hall/CRC; 2013. 2007;11:21–50.
Gill P. Application of low copy number DNA profiling. Croat Med Phillips C, Fernandes-Formoso L, Garcia-Magariños M, et al.
J 2001;52:229–232. Analysis of global variation in 15 established and 5 new
Green RL, Lagacé RE, Oldroyd NH, et al. Developmental validation European Standard Set (ESS) STRs using the CEPH human
of the AmpFlSTR NGM Select PCR Amplification Kit: a next- genome diversity panel. Forensic Sci Int Genet 2011;5:155–169.
generation STR multiplex with the SE33 locus. Forensic Sci Int President’s DNA Initiative. Forensic Biology Screening Workshop:
Genet 2013;7:41–51. Other Body Fluids and Tissues. http://projects.nfstc.org/
Harbison S, Fleming R. Forensic body fluid identification: state of workshops/resources/presentations/screening-body_fluids/
the art. Res Reports Forensic Med Sci 2016;6:11–23. data/downloads/biological%20screening%20-%20body.ppt
Home Office and National Police Chiefs’ Council. National DNA (Accessed 21 May 2019).
Database Strategy Board Annual Report. https://www. Stray JE, Liu JY, Brevnov MG, Shewale JG. Extraction of DNA from
gov.uk/government/publications/national-dna-database- forensic biological samples for genotyping. Forensic Sci Rev
annual-report-2016-to-2017 (Accessed 21 May 2019). 2010;4:68–87.
Jarman PG, Fentress SL, Katz DE. Mitochondrial DNA validation in Stuart HJ, Eckert WG. Interpretation of Bloodstain Evidence at Crime
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Jobling MA, Pandya A, Tyler-Smith C. The Y chromosome Syndercombe Court D. Human genetics. In: Naish J, Sundercombe
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22 Principles of toxicology

▪▪ Introduction ▪▪ Specific testing matrices


▪▪ Principles ▪▪ Interpretation
▪▪ Definitions ▪▪ Bibliography and information sources
▪▪ Testing matrices

Introduction drugs, such as stimulants, opiates, cannabinoids, hal-


lucinogens, solvents, some anaesthetics and some
Drugs and alcohol influence lives in many ways. The prescription medications. The ability to measure drug
heroin- and crack-dependent intravenous drug user concentrations in any tissue has become ever more pre-
arrested for robbery, the recreational cocaine user sus- cise. The problem is to determine what those measure-
pended following drug screening at work, the student ments signify, and whether they are mainly of academic
arrested for driving under the influence of drugs and rather than clinical or practical interest.
alcohol, and the chronic alcoholic dying in police cus-
tody because of untreated alcohol withdrawal are all
examples of how drug abuse can have a huge impact Principles
on individuals, and the people with whom they are The term ‘toxic’ may be used in different ways. Some
involved. In contrast, this impact may be low compared use the term synonymously with ‘poisonous’, meaning
with the number of cancer patients dying without to imply that ingestion of a particular substance will
adequate pain relief because they have been adminis- cause death. Others mean only to imply that some sort
tered inadequate doses of analgesics as a result of their of illness will result if the substance is ingested. The defi-
physicians fearing legal proceedings against them. nition of ‘lethal dose’ is more precise, but now that the
Doctors treating patients dying of severe pain risk being molecular mechanisms of many poisons are known, the
accused of illegal prescribing or, even more tragically, relevance of this concept is not as important as it once
being charged with euthanasia because post mortem was. Drug sensitivity and resistance vary from indi-
drug testing demonstrates blood concentrations said to vidual to individual (if for no reason other than their
exceed the ‘therapeutic range’. size). Thus ‘lethal dose’ is said to represent the dose of
One of the key tasks faced by forensic practitioners that drug at which all subjects given it will die, and that
is to determine the role that a specific drug (or drugs) dosage will be expressed in grams, micrograms or mil-
played in instances of impairment and death. This ligrams per kilogram.
task is made complicated by a series of issues, many of The abbreviation LD50 specifies the dose at which
which arise simply because physicians, toxicologists 50% of those who take a particular dose will die. The
and lawmakers fail to understand the basic issues of LD50 depends partly on the mode of drug administra-
forensic science and the way these issues may interplay tion, because the route of ingestion determines exactly
in complex legal, clinical and pathological matters. As a how much drug is ultimately absorbed into the system,
consequence, the interpretation of forensic evidence is that is, the route of ingestion determines bioavailabil-
often based more on anecdote and intuition than on ity. A drug injected intravenously is 100% bioavailable
controlled scientific studies. Inadequate or bad science because the entire dose of drug enters the circulation.
or the misinterpretation of established sciences can lead The amount absorbed after oral ingestion is variable.
to wrong legal decisions. The risk of faulty and unjust A 10 mg dose of morphine given intravenously would
verdicts or conclusions can only be reduced if the limita- be expected to result in a peak plasma concentration
tions of the science are understood. of between 100 and 200 nanograms per mililitre. But if
Stories of exotic poisonings give rise to plots that that same amount were given by mouth the peak plasma
fascinate television viewers but which, more often than concentration would be only a fraction of that seen after
not, can pose vexing problems for forensic scientists. intravenous injection. Because of anatomic and meta-
Fortunately, they are uncommon. Detailed knowledge bolic differences, the LD50 for any particular drug var-
of exotic poisons is a skill not much in demand today. ies from experimental animal to experimental animal,
What is required is the ability to recognise (and man- and the results obtained from the study of experimen-
age) the common complications of commonly abused tal animals cannot be directly extrapolated to humans.
296 Principles of toxicology

The process of extrapolation from animals to humans


Table 22.1 The DSM-V establishes nine types of
is so unreliable that courts in many different countries
substance-related disorders
have held that animal studies alone do not suffice to
prove causation in humans. 1. Alcohol
The issue of receptor physiology is extremely impor- 2. Caffeine
tant. Drugs exert their effects by binding with receptors. 3. Cannabis (e.g., marijuana)
How well a particular drug will bind to a receptor deter- 4. Hallucinogens
mines how effectively it will act (or how toxic it will be). It 5. Inhalants
does not help much to know that opiates bind to the mu 6. Opioid (e.g., heroin)
(µ) receptor. What matters is how effectively any partic- 7. Sedatives, hypnotics, or anxiolytics (e.g., diazepam,
ular opiate binds to the receptor, and receptor-binding ‘Quaaludes’)
ability is altered by many factors. On a weight for weight 8. Stimulants (cocaine, methamphetamine)
basis, oxycodone is many times more powerful than 9. Tobacco
morphine, simply because it is a better fit for the bind-
ing site on the µ receptor than is morphine. Receptors
are subject to mutation. More than 140 different muta- (DSM-V) is the most recent version of the American
tions have been identified within the µ receptor itself. Psychiatric Association’s standard text on the names,
Mutations cause receptors to change shape. Structural symptoms and diagnostic features of every recognised
distortions of the receptor make some drugs fit better mental illness, including addictions. The DSM-V recog-
while others fit worse. The actual result cannot be pre- nises substance dependancies, and substance-related
dicted without knowledge of the mutation and the struc- disorders resulting from the use of different classes of
ture of the receptor, but this knowledge is rarely, if ever, drugs (Table 22.1).
available to forensic pathologists or forensic toxicolo- Although major grouping of psychoactive substances
gists as they have neither the facilities nor the budget are specifically identified, use of other or unknown sub-
to study receptor or enzyme genetic composition. How stances additionally may form the basis of a substance
may this be important in clinical practice? An exam- related or addictive disorder.
ple could be the patient who asks for a ‘stronger’ pain The DSM-V describes two types of disorders.
medication not because he or she is a drug seeker, but ‘Substance use disorders’ are patterns of symptoms
because they carry a mutation that prevents the current resulting from use of a substance which the individual
pain reliever from binding normally to the µ receptor. continues to take, despite experiencing problems as a
result. The second type, ‘substance-induced disorders’,
are symptoms that may be caused directly by the drug
Definitions during or immediately after individual episodes of use.
Irrespective of the particular substance, the diagnosis
Drug tolerance
of a substance use disorder is based upon a pathological
Tolerance occurs after chronic exposure to a specific set of behaviours related to the use of that substance.
drug. An individual is said to be tolerant when increas- These behaviours fall into four main categories:
ingly large doses of the drug produce less and less effect.
One might suppose that the classic mechanisms of 1. Impaired control
receptor down-regulation and desensitisation explain 2. Social impairment
these phenomena, but they do not, and the reason why 3. Risky use
tolerance occurs is not really understood. Extraordinary 4. Pharmacological indicators (tolerance and with-
degrees of tolerance can be attained. During the course drawal)
of drug administration, the effective dose of any par-
The DSM-V allows clinicians to specify how severe
ticular drug can increase 100- to 1000-fold, and the
the substance use disorder is, depending on how many
process may occur very rapidly: for example, cocaine
symptoms are identified. ‘Mild’ severity – in the presence
tolerance begins to emerge after the first dose of drug
of two or three symptoms; ‘moderate’ in the presence
is ­administered.
of four or five symptoms and ‘severe’ with six or more
symptoms. These can further be classified as ‘in early
Substance dependence remission,’ ‘in sustained remission’, ‘on maintenance
Dependence is said to exist when an individual can- therapy’ and ‘in a controlled environment’ (Table 22.2).
not function normally in the absence of a specific drug. Social impairment may appear as individuals con-
Dependence goes hand in hand with tolerance as it tinue to use despite problems with work, school or
too is controlled, at least partly, by receptor distribu- meeting family/social obligations. This may mani-
tion, density and genetic make-up. The Diagnostic and fest as repeated work absences, poor school perfor-
Statistical Manual of Mental Disorders, Fifth Edition mance, neglect of children or failure to meet household
Definitions 297

reactions, where an inappropriate and excessive reac-


Table 22.2 The DSM-V: 11 different criteria for
tion to an allergen (such as pollen, dust, animal hair or
substance misuse disorders
certain foods) causes symptoms. These symptoms may
1. Taking the substance in larger amounts or for longer range in severity from those of a mild allergic reaction
than you meant to. to anaphylactic shock. Pathologists have been debating
2. Wanting to cut down or stop using the substance for more than half a century whether the pulmonary
but not managing to. oedema associated with heroin abuse might be a type
3. Spending a lot of time getting, using, or recovering of hypersensitivity reaction, although this hypothesis
from use of the substance. has never been convincingly proven.
4. Cravings and urges to use the substance.
5. Not managing to do what you should at work, Drug interactions
home or school, because of substance use. This term describes unanticipated symptoms and signs
6. Continuing to use, even when it causes problems in that result after two or more different drugs have been
relationships. given. Interactions may be good or bad, depending on
7. Giving up important social, occupational or which types of drugs are involved. Many permutations
recreational activities because of substance use. are possible: a drug could interact with other drugs,
8. Using substances again and again, even when it endogenous chemical agents, dietary components, or
puts you in danger. chemicals used in, or resulting from, diagnostic tests
9. Continuing to use, even when you know you have a (such as a contrast medium used for angiography).
physical or psychological problem that could have In recent years, the term drug interaction has come
been caused or made worse by the substance. to take on a completely new meaning for clinicians and
10. Needing more of the substance to get the effect forensic scientists. If two drugs are both metabolised
you want (tolerance). by the same enzyme system, one may interfere with
11. Development of withdrawal symptoms, which can the metabolism of the other. For example, two different
be relieved by taking more of the substance. P450 hepatic enzymes (CYP3A and CYP2B6) metabolise
methadone. Methadone induces production of CYP3A,
so that abnormally low concentrations of carbamaze-
responsibilities. Addiction may also be indicated when pine, which is also metabolised by that enzyme, might
someone continues substance use despite having inter- unexpectedly result. However, if methadone is taken
personal problems because of it. Important and mean- with a drug that inhibits CYP3A, such as diltiazem (also
ingful social and recreational activities may be given up metabolised by CYP3A), methadone will not be metabo-
or reduced because of substance use. lised and concentrations will be unexpectedly high.
Risky use implies a failure to refrain from using the Until fairly recently, it was not generally recognised
substance despite the harm it causes, or repeatedly uses that drugs could interact with the channels that control
substances in physically dangerous situations such as electrical conduction in the myocardium. The shape of
while operating machinery or driving a car. Some will the cardiac action potential is determined by the sequen-
continue to use addictive substances even though they tial opening and closing of dedicated channels within
are aware it is causing or worsening physical and psy- the cell membrane of cardiomyocytes. These channels
chological problems. conduct potassium, sodium and calcium. There are sev-
The presence of pharmacological indicators of tol- eral varieties of each channel, as well as many genetic
erance refers to the adjustment the body makes as it variations (genetic polymorphism). Some polymor-
attempts to adapt to the continued and frequent use phisms are harmless but others are not. If the channel
of a substance. Tolerance occurs when people need to is sufficiently altered it may not function properly, pre-
increase the amount of a substance to achieve the same venting normal ion conductance. The channel respon-
desired effect. Specific drugs will vary in terms of how sible for most unexpected drug reactions (arrhythmias
quickly tolerance develops and the dose needed for tol- and sudden death) is the one that conducts potassium
erance to develop. Withdrawal is the body’s response back into the cell after depolarisation (known as hERG,
to the abrupt cessation of a drug, once the body has or ‘slow repolarising potassium conductance channel’).
developed a tolerance to it. The resulting cluster of (very Drugs that combine with this channel can disrupt the
unpleasant and occasionally fatal) symptoms is specific normal cycle of cardiac repolarisation, causing fatal
to each drug. cardiac arrhythmias. Recently, it was discovered that
arsenic is an hERG channel poison, and it may well be
Drug idiosyncrasies that an arsenic–hERG interaction was responsible for the
This term is used to describe unanticipated drug reac- death of Emperor Napoleon. Unanticipated drug–hERG
tions. For the most part these reactions are allergic in interactions are the main reason for drug recalls in the
nature. They fall into the category of hypersensitivity United States and Europe.
298 Principles of toxicology

Testing matrices It is not generally appreciated that the site where the
blood sample is collected at autopsy may well determine
General principles the final analytical result. After death, concentrations of
Drugs can reliably be detected and quantitated in any weakly basic drugs (such as cocaine) are higher on the
tissue of the body. It is the interpretation of those quanti- left side of the heart than on the right, and concentra-
ties that is critical. Interpreting the significance of any tions in the heart are higher than those in the leg. Drug
drug found is the major issue facing forensic practitio- concentrations in blood collected from any tissue taken
ners on a daily basis. Detection proves that ingestion, at autopsy may, or may not, bear a reliable relationship
or at least exposure, has taken place, but the mere pres- to concentrations that existed in life.
ence of a drug, even in seemingly large quantities, says Regardless of whether the specimen is from the heart
nothing about toxicity and even less about intention or the leg, there is ample proof that post mortem drug
or motivation. Does it really matter whether urinary concentrations almost always exceed those measured
cocaine metabolite concentrations exceed some speci- in the immediate ante mortem period. It follows that
fied range? It does not, unless the individual’s state of autopsy blood measurements, taken in isolation, cannot
hydration is known, as well as the specific gravity and implicate any drug as a cause of death. Quantification
acidity of their urine, and usually this information is can only prove exposure or ingestion. The concept of
rarely available in the forensic setting. No matter how ‘normal’ or ‘therapeutic’ drug concentration measure-
many decimal points are added to the results, specific ments made in the living does not have any relevance
measurements have inherent limitations. to the dead. It makes no sense to discuss therapeutic
The effect of media stories regarding techniques for drug concentration in cadavers: blood is a living tissue
forensic measurement and analysis (what can be termed and cadavers cannot be said to have blood, only reddish
the ‘CSI effect’) can be pernicious. Many practitioners clumped liquid that was once living blood.
believe (wrongly) that precise laboratory measurements Whether or not an individual dies from taking a
can supply information that could not have been gath- drug, often depends on the phenomenon of tolerance
ered by accurate history and scene investigation alone. (decreasing effect with increasing dose), but for all
Each investigative modality has its contribution to make intents and purposes, there is no effective way to mea-
to a forensic investigation. There are a number of mis- sure tolerance after death. Thus, a laboratory result that
understandings concerning toxicology, and failure to might seem to indicate a massive drug overdose could
consider them can lead to needless effort and expense, merely be an incidental finding. The highest blood
not to mention an incorrect conclusion. cocaine level ever reported in a human was measured in
Suppose a left-handed heroin user is found dead with a man (>35,000 ng/mL) who had no physical complaint
a needle mark in his left antecubital fossa. Some might other than the 45-calibre bullet that traversed his brain!
take that as proof that another person administered the Often, it is sufficient just to demonstrate that a drug is
injection, which would be likely. It would be an unnec- present. For example, was the rape complainant really a
essary waste of laboratory resources to measure drug victim of drug-facilitated assault, or was he/she a pro-
concentrations in the skin adjacent to an injection site miscuous chronic drug abuser? Was the individual with
because, once a drug is injected into the blood stream, an unconfirmed urine test positive for opiates really a
it circulates throughout the body. Skin measurement drug abuser, or was he/she taking a cough medication
of drug concentrations would have meaning only if containing codeine? A simple way to help answer the
concentration measurements were made of skin taken question is to take a hair sample. Drugs are stable in
from both sides of the body, and were found to be dif- hair for perpetuity. Prior drug use in an alleged rape
ferent. The same might be said for the value of vaginal, victim is easy enough to establish, simply by hair test-
rectal or nasal swabs. The route of administration can- ing. In the instance of the individual with the urine test
not be determined by measuring the drug concentra- positive for opiates, the presence of other components
tion in those areas. The recovery of cocaine from the of cough syrup in their hair would probably yield a cor-
vagina does not necessarily mean it was absorbed via rect interpretation of the findings. There is not always
that route. It just means that the circulation persisted for a need to test hair, but there is often a reason to collect
some time after drug use. That being the case, distribu- and store a sample, even if it is never analysed.
tion of drug to nasal, rectal and vaginal mucosa would
be anticipated. Specific testing matrices
Analysis of drug paraphernalia may also be a poor use
of resources; unless the decedent was participating in a Blood and urine
needle-exchange programme, they may have reused the Blood is still the preferred testing matrix for drug
syringe many times. Drugs will, no doubt, be detected in detection. It is always collected into a sodium fluoride-
the syringe, but whether their presence has anything to containing tube (which prevents further drug degra-
do with the death being investigated is an open question. dation). There are differences between pre- and post
Interpretation 299

mortem blood specimens. When blood is drawn in the hair at autopsy, place it in a sealed envelope and file the
hospital, either for therapeutic drug monitoring or drug sample. For reasons that are not entirely clear, the par-
detection, only the plasma is analysed. In death, con- ent drug is often found in higher concentrations within
centrations in whole blood are measured. Drug con- the hair than is the metabolite. Should questions about
centrations, especially the concentration of alcohol, are drug use arise some time in the distant future, they will
different in plasma and whole blood. Serum and plasma be easily answered if a hair sample has been retained.
contain 10–15% more water than whole blood. It follows
that plasma ethanol concentrations are 10–15% higher
Liver
than corresponding whole-blood concentrations. The
difference may seem small, but it is more than enough Liver analysis can be especially valuable in cases where
to convict or exonerate a driver accused of driving under the drug sought (such as a tricyclic anti-depressant) is
the influence. highly bound to protein. Liver analysis is also valuable
Urine was once the preferred specimen for post mor- if the drug undergoes enterohepatic circulation. Some
tem drug screening but, increasingly, blood samples are drugs, such as morphine, may be detectable in the liver
considered a better testing matrix. Advances in technol- long after they have been cleared from the blood, only
ogy have substantially reduced the costs of gas chroma- because they remain in the enterohepatic circulation for
tography/mass spectrometry (GC/MS), and screening so long. There is, however, one important caveat: most
whole blood involves not much more expense than the drugs readily diffuse from the stomach into the right
cost of screening urine, but provides greatly enhanced lobe of the liver so, as a rule, only the left lobe of the liver
sensitivity. After death, drug concentrations tend to should be used for analytical testing.
increase faster in cardiac blood, for example, than else-
where in the body, making such samples more sensitive Stomach
indicators of drug use, although they are less specific.
The testing of stomach contents is only worthwhile if
The routine screening of cardiac blood also helps avoid
(1) the volume of the gastric contents is recorded, (2) a
another problem: at autopsy, there is often no urine in
homogeneous specimen is analysed and (3) the total
the bladder. Some centres have dispensed with urine
drug content within the stomach is computed. It does
testing entirely; they first screen cardiac blood with
no good to know the drug concentration in gastric fluid
GC/MS and then confirm their findings in a peripheral
if the total volume of the gastric contents is not also
blood sample.
known. It may also be possible to identify small pill
fragments by microscopic examination of the gastric
Vitreous humour fluid. Very little should be made of low-level drug con-
Vitreous humour is a useful testing medium, especially centrations found in stomach, as ion trapping may cause
for the diagnosis of electrolyte disorders, renal failure, small amounts of some charged drugs, such as cocaine
hyperglycaemia and ethyl alcohol ingestion. The vitre- and morphine, to appear in the gastric contents, even if
ous humour is, in many ways, protected from the exter- the drug has been injected intravenously. However, the
nal environment, and it may be the only reliable testing detection of high concentrations of some drugs in the
matrix available when individuals have drowned or stomach (such as morphine) does not necessarily prove
when bodies are found after an extended period of oral ingestion; it may just be an artefact produced by
environmental exposure. Measurement of alcohol con- enterohepatic circulation.
centrations in the vitreous humour may even help dis-
tinguish between post mortem alcohol formation and Interpretation
ante mortem ingestion. There is an emerging tendency
Post mortem drug concentration measurements can-
to also measure the concentrations of abused drugs in
not be interpreted in isolation, if for no other reason
the vitreous humour, although for the present, too few
than that tolerance eventually emerges to most abused
measurements have been reported to allow accurate
drugs. A living heroin addict may very well have a higher
extrapolation from vitreous humour concentrations to
morphine concentration than an occasional heroin user
concentrations in other tissues.
lying in the mortuary, but both might have much lower
morphine concentrations than a hospice patient treated
Hair testing with a diamorphine syringe driver. Tolerance is not the
Measurement of abused drug concentrations in hair can only issue.
yield valuable information about drug exposure and Drugs taken previously are likely to be stored in
drug compliance, and sometimes hair testing can reveal deep body compartments, only to be released as the
the presence of drugs that were completely unexpected. body decomposes (a process that begins immediately
Once deposited in hair, drugs and their metabolites are after death). Drug measurements made under these
stable indefinitely. It requires very little effort to collect circumstances might give the false impression that the
300 Principles of toxicology

drugs were, in fact, circulating in the blood at the time 2D6, causing her to produce much more morphine
of death. This phenomenon was strikingly illustrated in when taking codeine than would normally be expected.
a study of post mortem blood fentanyl concentrations. Individuals with a normal genetic compliment convert
Fentanyl concentrations were measured in post mor- roughly 10% of codeine into morphine, accounting for
tem specimens collected in 20 medical examiner cases codeine’s modest pain-relieving effects, but because of
from femoral blood, heart blood, heart tissue, liver tissue the mother’s genetic make-up, much higher concentra-
and skeletal muscle. In a subset of seven cases femoral tions of morphine were found in the infant than would
blood was obtained shortly after death and then again normally be predicted, even though the mother was not
at autopsy. The mean collection times of between the taking excessive doses of codeine.
two post mortem samples were 4.0 hours and 21.6 hours,
respectively. In four of the cases fentanyl concentrations
rose from ‘none detectable’ in the samples taken shortly
Bibliography and information
after death, to concentration as high as 52.5 µg/L. If only sources
the toxicology results were considered in isolation, a American Psychiatric Association. Diagnostic and Statistical
pathologist confronted with a case of unexpected sud- Manual of Mental Disorders (DSM-V). Arlington: American
den death might very well make the mistake of classify- Psychiatric Association; 2013. https://www.psychiatry.org/
ing fentanyl as the cause of death, even though none was psychiatrists/practice/dsm/about-dsm (Accessed 13 May
present in the blood at the time of death. 2019).
Finally, there is the issue of genetic polymorphism. Arora B, Velpandian T, Saxena R, et al. Development and valida-
Not only does post mortem redistribution (Figure 22.1) tion of an ESI-LC-MS/MS method for simultaneous identifica-
tion and quantification of 24 analytes of forensic relevance
ensure that concentration measured at autopsy will be
in vitreous humour, whole blood and plasma. Drug Test Anal
higher than in life, there is always the possibility that 2016;8(1):86–97.
high drug concentrations, even those measured in life, Cook DS, Braithwaite RA, Hale KA. Estimating antemortem drug
do not always reflect drug overdose: the individual concentrations from postmortem blood samples: the influ-
simply may not have been able to metabolise the cor- ence of postmortem redistribution. J Clin Pathol 2000;53:
rect dose of drug they had been given. This possibility 282–285.
was only realised a few years ago when a newborn died Cooper GA, Kronstrand R, Kintz P. Society of Hair Testing guide-
of morphine poisoning that originated in the mother’s lines for drug testing in hair. Forensic Sci Int 2012;218(1–3):
breast milk. As is often the case, she had been pre- 20–24.
scribed codeine for post-labour pain. When the infant Drummer OH. Forensic toxicology. EXS 2010;100:579–603.
Fernández P, Seoane S, Vázquez C, et al. Chromatographic deter-
died unexpectedly it was discovered that the mother
mination of drugs of abuse in vitreous humor using solid-
was an ultra-rapid metaboliser of cytochrome P450 phase extraction. J Appl Toxicol 2013;33(8):740–745.
Ferner RE. Post-mortem clinical pharmacology. Br J Clin Pharmacol
2008;66:430–443.
Nasal cavity Jung BF, Reidenberg MM. Interpretation of opioid levels: com-
parison of levels during chronic pain therapy to levels from
forensic autopsies. Clin Pharmacol Ther 2005;​77:324–334.
Karch SB, Drummer O. Karch’s Pathology of Drug Abuse, 5th ed.
Oeosophagus Boca Raton: CRC Press; 2015.
Karch SB, Goldberger BA, Druid H. Karch’s Drug Abuse Handbook,
3rd ed. Boca Raton: CRC Press; 2019.
Right Left
Karch SB, Stephens BG, Ho CH. Methamphetamine-related
lung lung deaths in San Francisco: demographic, pathologic, and toxi-
Heart cologic profiles. J Forensic Sci 1999;44:359–368.
Kintz P, Villain M, Cirimele V. Hair analysis for drug detection. Ther
Liver Drug Monit 2006;28:442–446.
Koren G, Cairns J, Chitayat D, et al. Pharmacogenetics of mor-
Stomach phine poisoning in a breastfed neonate of a codeine-pre-
scribed mother. Lancet 2006;368:704.
Kuwayama K, Miyaguchi H, Iwata YT, et al. Time-course measure-
Figure 22.1 Post mortem redistribution. Blood values ments of drug concentrations in hair and toenails after single
measured after death have little or no relationship administrations of pharmaceutical products. Drug Test Anal
2017;9(4):571–577.
between levels that existed in life. Aspiration of stomach
LeBeau M, Moyazani A. Drug-Facilitated Sexual Assault, A Forensic
contents into the lungs often occurs at the time of death, Handbook. London: Academic Press; 2001.
and drugs that were in the lungs diffuse into the heart. Leung KW, Wong ZCF, Ho JYM, et al. Surveillance of drug abuse
Blood from the illiofemoral vessels is generally consid- in Hong Kong by hair analysis using LC-MS/MS. Drug Test Anal
ered preferable for testing. 2018;10(6):977–983.
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Levine B. Principles of Forensic Toxicology, 3rd ed. Washington: Pélissier-Alicot AL, Gaulier JM, Champsaur P, Marquet P.
American Association for Clinical Chemistry; 2010. Mechanisms underlying postmortem redistribution of drugs:
Metushi IG, Fitzgerald RL, McIntyre IM. Assessment and compari- a review. J Anal Toxicol 2003;27:533–544.
son of vitreous humor as an alternative matrix for forensic toxi- Pounder DJ, Jones GR. Post-mortem drug redistribution: a toxi-
cology screening by GC-MS. J Anal Toxicol 2016;40(4):243–247. cological nightmare. For Sci Int 1990:45:253–263.
Moriya F, Hashimoto Y. Redistribution of basic drugs into cardiac Salomone A, Tsanaclis L, Agius R, et al. European guidelines for
blood from surrounding tissues during early-stages postmor- workplace drug and alcohol testing in hair. Drug Test Anal
tem. J Forensic Sci 1999;44:10–16. 2016;8(10):996–1004.
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23 Alcohol

▪▪ Ethanol sources and concentrations ▪▪ Clinical effects of alcohol


▪▪ Ethanol metabolism ▪▪ Post mortem considerations
▪▪ Elimination of alcohol ▪▪ Bibliography and information sources
▪▪ Ethanol measurement

Ethanol sources and concentrations Absorption


Alcohol (ethanol) may be ingested or it may be pres- Alcohol is absorbed from the stomach and small intes-
ent in the body by virtue of bacterial action occurring tine by diffusion, with most of the absorption occurring
after death. Depending on local practice, blood alcohol in the small intestine. The rate of absorption varies with
concentrations (BAC) can be expressed in many differ- the emptying time of the stomach but, generally, the
ent units and notations, but they are all similar in their higher the alcohol concentration of the beverage, the
meaning. The definition of what constitutes a standard faster the rate of absorption. Gastric absorption accounts
unit of alcohol also varies from country to country. In for 30 per cent and 10 per cent of ethanol administered
the USA it is 14 g (17.74 mL) ethanol, in the UK one unit with food and water, respectively, and only a small per-
is 8 g (10 mL). The number of units in a drink is based on centage of the ethanol undergoes first-pass metabo-
the size of the drink, as well as its alcohol strength. For lism in the liver. The more rapid absorption of ethanol
example, a pint of strong lager contains 3 units of alcohol, administered with water compared with food can lead to
whereas the same volume of low-strength lager has just higher BACs. The maximum absorption rate occurs after
over 2 units. consuming an alcoholic beverage containing approxi-
In most countries, there are tables listing the alcohol mately 20%–25% (by volume or v/v) alcohol solution on
content of common beverages by brand name, and there an empty stomach. The absorption rate may be less when
are standard formulae (such as the Widmark formula) alcohol is consumed with food or when a 40% (v/v) alco-
for calculating the amount of alcohol ingested and the hol solution is consumed on an empty stomach. The rate
time of ingestion (Box 23.1). As an alternative to the com- may also decrease when high fluid volume/low alcohol
plex equations used by toxicologists, a simple formula, content beverages, such as beer, have been consumed.
first introduced by American toxicologist Charles Winek In contrast, pre-mixed cocktails with relatively low
(Box 23.2), is often used by practitioners in the USA. It fluid volume but high alcohol content may cause rapid
must be remembered, however, that Winek’s formula is absorption. The BAC is higher after drinking vodka/tonic
intended only to provide a rough working estimate. If a than beer or wine after fasting. A binge pattern is sig-
trial and court proceedings are to ensue, the Widmark nificantly more likely to result in a BAC above 80 mg/dL
formula must be employed although it is important to after drinking vodka/tonic than beer or wine. The effect
be aware BAC calculations by Widmark’s equation in of carbonation of the drink consumed may also vary the
certain groups, for example, elderly individuals, may absorption rate.
be complicated by a high variation of Widmark factors.
There is a tendency to an elevation of the actual BAC Elimination of alcohol
with increasing age.
Ethanol is converted into acetaldehyde via the actions
of alcohol dehydrogenase resulting in the production
Ethanol metabolism of acetic acid and then acetaldehyde. Acetaldehyde is
When considering the pathways and factors that modu- responsible for most of the clinically observed side-
late blood alcohol levels and how the body disposes of effects produced by alcohol. The measured alcohol
alcohol, it is important to understand how alcohol is concentration depends on both weight and sex because
distributed within the body, and what can influence these two factors determine the total volume of body
the absorption of alcohol and contribute to its first-pass water and consequently the BAC. In general terms, the
metabolism. Most alcohol is oxidised in the liver, but the more a person weighs, the larger the volume of water
kinetics of alcohol elimination can be modified by vari- their body will contain. After consuming equal amounts
ous factors (including genetic and environmental). of alcohol, someone who is obese or has a greater
Elimination of alcohol 303

Box 23.1 Widmark’s formula


During the early part of this century, E.M.P. Widmark, where:
a Swedish physician did much of the foundational N = the number of drinks consumed
research regarding alcohol pharmacokinetics in the W = body weight in ounces
human body. In addition, he developed an algebraic r = volume of distribution (a constant relating the
equation allowing one to estimate any one of six vari- distribution of water in the body in L/kg)
ables given the other five. Typically, we are interested Ct = BAC in kg/L
in determining either the amount of alcohol consumed ß = the alcohol elimination rate in kg/L/h
by an individual or the associated BAC given the values t = time since the first drink in hours
of the other variables. According to Widmark’s equa- z = the fluid ounce of alcohol per drink
tion, the amount of alcohol consumed (A) is a function 0.8 = the density of ethanol (0.8 oz per fluid ounce)
of these several variables:
From Equation 1 Worked example
Assume we are interested in determining the amount
N = f(W, r, Ct, ß, t z) of alcohol consumed (number of drinks) given certain
information. The information we are given includes: a
where: male weighing 185 lb, r = 0.68 L/kg, Ct = 0.15 g/100 mL,
N = amount consumed ß = 0.015 g/100 mL/h, t = 5 h, and drinking 12 fl oz
W = body weight beers with 3% alcohol by volume. We introduce this
r = the volume of distribution (a constant) information into Equation 2 according to:
Ct = BAC
ß = the alcohol elimination rate (180 lb)(16 oz/lb)(0.68 L/kg)(0.0015 kg/L
 
t = time since the first drink  + (0.00015 kg/L/h)(5 h)) 
z = the fluid ounces of alcohol per drink N=
(0.8)(0.48 floz/drink )

Widmark’s equation relates these variables accord- Note that we had to convert the 0.15 g/100 mL and
ing to: the 0.015 g/100 mL/h to kg/L which simply amounts
Equation 2 to moving the decimal point two places to the left.
Solving for A we find:
Wr(C t + ßt ) 1958.4(0.00225)
N= N=
0.8z 0.384

proportion of body fat will have a lower BAC than a thin


person. Females have more fat tissue than males of the
Box 23.2 Winek’s formula same weight and, therefore, a smaller volume of body
water. As a result, the BAC will be slightly higher in
Winek’s formula is based on the simple observation
women than in men after consuming an equal amount
that, on average, a 150-pound (68 kg) man will have a
of alcohol.
BAC of 0.025% after drinking 1 ounce (29.5 mL) of 100-
Alcohol elimination occurs at a constant rate in each
proof (50%) alcohol. It follows that:
individual. Ethanol is eliminated from the body mainly
by oxidative metabolism in the liver by Class I isoen-
BAC = (150 / body weight in pounds) zymes of alcohol dehydrogenase (ADH). After drinking
   (% ethanol / 50) on an empty stomach, the elimination rate of ethanol
   (ounces consumed) (0.025) from blood falls within the range 10–15 mg/100 mL/h.
In non-fasted subjects the rate of elimination tends to
Thus, if a 200-pound (90.7 kg) man drank five be in the range 15–20 mg/100 mL/h. In alcoholics dur-
12-ounce (354.9 mL) cans of beer, and the beer ing detoxification, because the activity of microsomal
contained 4% ethanol, then the BAC would be enzyme (CYP2E1) is enhanced, the ethanol elimination
approximately: rate might be 25–35 mg/100 mL/h. Current data suggests
that the physiological range of ethanol elimination rates
BAC = (150 / 200) (4 / 50) (60) (0.025) from blood is from 10 to 35 mg/100 mL/h. In moderate
  = 0.090% (90 mg%) drinkers 15 mg/100 mL/h remains a reasonable value
to apply to the general population whereas for alcohol
304 Alcohol

dependent and other binge drinkers 19 mg/100 mL/h the UK produced a leaflet Blood Alcohol Concentration
may be more appropriate. Studies have also shown that and General Effects (Figure 23.1) but the majority of cli-
females eliminate alcohol at a faster rate than males nicians would be uncomfortable classifying the effects
which may relate to relative liver/weight ratio. (even in general terms) within quite such narrow spe-
cific quantified ranges, as described in this publication,
Ethanol measurement because of the huge variability in response to consum-
ing alcoholic drinks. It does, however, give a reasonable
Evidential breath testing is used by most law enforce-
indication of the progression of alcohol intoxication.
ment agencies in most countries with respect to road
It is also important to understand that there are
traffic (driving) offences. A wide variety of devices are
substantial risks for those who are dependent on alco-
available for measuring the ethanol content of expired
hol and suffer alcohol withdrawal. Untreated alcohol
air, and the mode of operation of most devices caused
withdrawal can be fatal and those involved in clinical
ethanol contained in the sample to be oxidised with an
assessment and management must understand how
electrochemical sensor. The value provided is directly
to diagnose and treat such individuals. The degree of
proportional to the concentration of the ethanol pres-
alcohol withdrawal can be quantified using the Clinical
ent in the body. Quality control and standardisation of
Institute Withdrawal of Alcohol Assessment Scale –
such evidential machines is important to ensure accu-
revised (see Chapter 16, Figure 16.1b).
rate analysis. In the presence of factors such as use of
alcohol-containing mouthwash or regurgitation of
stomach contents, different jurisdictions may apply dif- Post mortem considerations
ferent protocols, to overcome risks of false elevations,
The situation is much more complicated after death.
by repeating evidential breath tests after a period of
Bacterial enzymes (predominantly alcohol dehydro-
time or replacement by either blood or urine analysis.
genase and acetaldehyde dehydrogenase) act upon
Alcohol-based or ­a lcohol-containing hand-washes or
carbohydrates within the cadaver. Glycogen or lactate
swabs should be avoided in the vicinity of evidential
is converted to pyruvate and then ethanol. The amount
breath devices because of the possibility of affecting
of alcohol produced depends on the amount of glyco-
the result of analysis.
gen or substrate available. Accordingly, post mortem
ethanol production will be greater in some tissues than
Clinical effects of alcohol in others. For example, the glycogen content of liver is
Ethanol is a central nervous system depressant, and 8 g/100 g wet tissue weight, whereas that of vitreous
the degree of apparent intoxication generally correlates humour is only 90 mg/100 g.
with the amount consumed. As blood concentrations Other factors also help determine how much alcohol
rise, initial feelings of relaxation and disinhibition give will be produced. Terminal hyperthermia, such as might
way to blurred vision, loss of coordination and behav- be seen in a patient with sepsis, or storage of the body at
ioural issues, including risk-taking behaviour. As alco- high ambient temperatures, will accelerate alcohol pro-
hol levels continue to rise, unconsciousness can occur. duction, as will bowel trauma or disruption of the bowel
The highest levels of consumption can lead to death as owing to surgery or malignancy. Aircraft accidents or
a result of cardiorespiratory arrest. There is substantial other causes of severe body disruption almost always
inter-subject variation with tolerance in the alcohol- cause the production of ethanol in large quantities.
dependent that may allow the consumption of massive Whether any alcohol detected was formed before or
amounts of alcohol and result in BACs that result in after death is fairly easy to determine. The easiest way
death in the non-alcohol dependent. Thus, single BACs is to compare the ethanol content of urine (UAC) which,
have very little meaning when taken in isolation except unless the decedent was diabetic, contains no carbo-
that, of course, a large amount of alcohol has been con- hydrates, and vitreous humour (which only contains
sumed. A BAC exceeding 0.40 per cent (400 mg%) may very small amounts of carbohydrate) with the amount
be lethal in a non-drinker but might produce few, if measured in blood. If the ethanol was definitely con-
any, symptoms in a chronic alcoholic. If an individual sumed and not formed post mortem, then determina-
is severely intoxicated, aspiration of vomit may lead to tion of the ratio between vitreous humour and blood
asphyxiation and death. Chronic alcohol dependence alcohol concentrations can be very useful. If the UAC:
is associated with a wide range of medical conditions BAC ratio is less than 1:2, this is generally considered
including the development of hepatitis, liver cirrhosis, confirmation that ethanol concentrations were rising
portal hypertension and oesophageal varices, liver fail- at time of death. A ratio of greater than 1:3 suggests that
ure and heart failure with potentially fatal outcomes. the decedent was in the post-absorptive stage. Ratios
Prior to being closed down as part of austerity measures much greater than 1:3 indicate heavy consumption over
by the UK government, the Forensic Science Service in a long period of time.
Bibliography and information sources 305

Figure 23.1 Blood alcohol concentrations and general effects.

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Pharmacol Rev 2016;68(1):168–241. harmful use of alcohol. Dtsch Arztebl Int 2016;​113(17):301–310.
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Caplan YH, Levine B. Vitreous humor in the evaluation of ethanol from blood with applications in forensic casework.
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Cederbaum AI. Alcohol metabolism. Clin Liver Dis 2012;16(4):667– (eds). Encyclopedia of Forensic and Legal Medicine, 2nd ed.
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24 Licit and illicit drugs

▪▪ Harm reduction ▪▪ Drug facilitated sexual assault


▪▪ Legal status of drugs ▪▪ Bibliography and information sources
▪▪ Commonly misused drugs

Harm reduction lead to valve destruction and some confusing medical


symptoms, such as when bacterial vegetations sepa-
When considering the use of licit or illicit (legal or ille- rate from the valve and circulate through the body. At
gal) drugs it is important to recognise that an essential the same time that the incidence of this complication
part of the treatment of substance misuse is the prin- seems to be decreasing, the rate for valvular infection
ciple of harm reduction. There are certain common fea- with mixed organisms, many of which are drug resis-
tures to be considered (see Table 24.1). tant, seems to be increasing. Other complications are
Harm reduction (or harm minimisation) refers to a so rare as to merit little attention, but occasionally,
range of public health policies designed to reduce the as with the anthrax outbreak amongst injecting drug
harmful consequences associated with drug use and users in Scotland in 2009, even rare complications can
other high-risk activities. This may embrace a number become clinically significant. Botulism and tetanus as a
of areas, but perhaps the area where complications of result of wound infections due to Clostridium botulinum
substance misuse (of which there are many) have been and Clostridium tetani among users of injected drugs
substantially reduced is with regard to intravenous occurred in the UK during 2003 and 2004.
drug misusers. Skin infections from unsafe injection
practices are the most common, even when free needle
exchanges are available. Some countries (including
Legal status of drugs
the UK) proactively encourage needle exchange even The legal status of drugs varies widely around the world
within prisons to reduce the physical and infective risks. and different jurisdictions have different ways of clas-
Stigmata of intravenous drug use are commonly seen sifying drugs in relation to their perceived harm to
in association with injection site ulcers, abscesses, deep society. The penalties associated with crimes such as
vein thrombosis, venous ulcers and ‘post-phlebitic limb’ possession, possession with intent to supply, and impor-
(Figures 24.1–24.4). Severe complications, such as nec- tation may reflect the political, religious, cultural or
rotizing fasciitis requiring hospitalisation, may occur. social environment of the country in question.
Injectors may be very adept at gaining vascular access Table 24.2 shows the 2018 classification of drugs and
for the administration of drugs, and any clinician should associated penalties in England & Wales. These classi-
be aware of the wide variety of sites that may be used for fications are subject to regular review and in April 2019
injection (Figure 24.5). Infectious systemic complica- prescription drugs pregabalin and gabapentin were
tions occur less often, such as transmission of human reclassified as class C controlled substances following
immunodeficiency virus (HIV) and hepatitis, but in an increasing number of fatalities linked to these drugs.
some areas of the world essentially all injection drug Re-classification of drugs occurs fairly regularly,
users are infected with the hepatitis C virus. Studies often as knee-jerk political responses to perceived con-
have shown that of the non-viral ­i njecting-related inju- cerns of the general public. Drugs are available through-
ries and diseases (IRID), skin and soft tissue infections out the world and their cost and availability is influenced
at injection sites were the most commonly reported. by demand and effect. Increasingly ‘legal highs’ are
Other IRID included: infective endocarditis (lifetime being developed; these are often synthetic drugs that
prevalence ranging from 0.5%–12%); sepsis (2%–10%); mimic the effects of some illegal drugs, and which may
bone and joint infections (0.5%–2%); and thrombo- then be sold via the Internet. They are referred to broadly
sis and emboli (3%–27%). In the case of anthrax, the as novel psychoactive substances (NPS).
source of infection is believed by some to be the ani-
mal skins used to transport heroin into Europe, but Commonly misused drugs
person-to-person spread occurs via the exchange of There are many different types of drugs of misuse. The
saliva or blood. Heart valve infection (endocarditis), use of any particular drug varies, depending on geog-
secondary to the injection of non-sterile material, can raphy, social setting, fashion, availability, cost, legal
308 Licit and illicit drugs

Table 24.1 Aspects of harm reduction


• The number of people who inject drugs and the number of people imprisoned for drug use (where data is available).
• Needle and syringe programmes (NSP), opioid substitution therapy (OST), HIV and hepatitis C and TB testing and
treatment for people who use drugs, in both the community and in prisons.
• The harm reduction response for people who use amphetamine-type stimulants, cocaine and its derivatives,
and new psychoactive substances.
• Drug-checking in nightlife settings.
• Harm reduction for women who use drugs.
• Drug consumption rooms.
• Drug-related mortality and morbidity and the overdose response, as well as naloxone peer distribution in the
community and naloxone provision in prisons.
• Developments and regressions in funding for harm reduction.
Source: From ‘The Global State of Harm Reduction 2018’, Harm Reduction International.

Figure 24.1 Multiple drug injection sites.


(Courtesy of Jason Payne-James.)

Figure 24.3 A venous ulcer following deep vein throm-


bosis secondary to intravenous drug administered into
the femoral vein. (Courtesy of Jason Payne-James.)

located within certain vital areas of the hind-brain.


Dopamine has many different actions, but perhaps
the best known involves mediating the sense of plea-
sure. Some drugs, such as cocaine (Figure 24.6), simply
prevent the reuptake of dopamine, allowing it to accu-
mulate in the space between nerve endings (synaptic
cleft), while others, such as the amphetamines (khat has
Figure 24.2 An abscess at site of drug injection. nearly the same structure as amphetamine, as does the
(Courtesy of Jason Payne-James.) drug called fenethylline or Captagon in the Middle East),
have a similar action to cocaine but, in addition, cause
status, and effects. Seemingly disparate agents may presynaptic neurons to release additional dopamine
exert their effects via similar final common pathways stored within their endings. The net result is that even
(e.g., khat and methamphetamine). Drugs can be clas- more dopamine accumulates within the synapses lead-
sified into eight main groups according to their mode of ing, in turn, to an enhanced dopamine effect. However,
action (Table 24.3). like many of the newer antidepressants, cocaine also
blocks the reuptake of serotonin (sometimes causing
Stimulants a disorder known as serotonin syndrome) and blocks
All drugs in this group act by increasing concentrations the reuptake of all catecholamines, especially nor-
of a neurotransmitter called dopamine. Dopamine is epinephrine. It is this last action that explains most of
Commonly misused drugs 309

(a)

(b)

Figure 24.4 ‘Post-phlebitic limb’ of the left leg following


repeated injection into femoral vein. Note the increased
size of the left calf compared with the right, and the red-
dened (inflamed) skin. (Courtesy of Jason Payne-James.)
(c)
the vascular disease associated with stimulant abuse.
Excessive concentrations of catecholamines within the
heart cause fibrosis (Figure 24.7) or even micro-infarc-
tion of the myocardium (Figure 24.8). This process dis-
rupts the normal electrical flow of the heart, causing an
irregular heartbeat (arrhythmia). The result can be fatal.
When moderate doses of stimulants are ingested, the
main effect is a profound state of euphoria, which rapidly
dissipates in the case of cocaine, which has a half-life of
one hour, but persists for much longer in the case of other
drugs, such as methamphetamine, which has a half-life Figure 24.5 Sites of intravenous (IV) injection.
closer to 12 hours. The half-lives of other amphetamines, (a) Forearm; (b) dorsum (top) of the foot; (c) neck.
and khat, fall somewhere in between. All stimulants, (Courtesy of Jason Payne-James.)
except for khat, can be injected, insufflated (snorted)
or smoked. Khat (Figure 24.9) is chewed. The onset of smokers, but the effects produced are no different than
effects after smoking or injecting occurs much more with uncrystallised methamphetamine.
rapidly than when the drug is taken orally because the Physical effects of stimulant use generally include
drug reaches the brain more quickly. Rapid onset usu- dilation of pupils, increased heart rates and raised
ally implies that a drug’s effects will be more rapidly ter- blood pressure. The problem for a clinician involved
minated. Blood levels after smoking free-base cocaine in attempting to assess or determine the type of drug
are comparable to those seen after injecting cocaine used in an intoxicated individual is that few users (either
intravenously. The term ‘crystal meth’ (Figure 24.10) is dependent on, or using drugs recreationally) use a single
reserved for methamphetamine that has been allowed to drug, and thus drugs from different groups may produce
crystallise slowly – the less volatile the solvent, the larger a wide variety of clinical states. Heavy cocaine users
the crystals that form – but it is also smoked, resulting often manifest some paranoid symptoms. If psychosis
quickly in high plasma concentrations. Chemically, does occur, it can include formication (the sensation of
crystal meth and methamphetamine are identical: having insects crawling on or under the skin), and self-
both can be dissolved, injected, insufflated or smoked. injury. Extreme forms of this syndrome are manifest by
Large crystals are highly prized by methamphetamine self-injury. Methamphetamine abusers not infrequently
310 Licit and illicit drugs

Table 24.2 Drug classification and penalties in England & Wales 2018
Supply and
Class Drug Possession production
A Crack cocaine, ecstasy (MDMA), heroin, LSD, magic Up to 7 years in prison, an unlimited Up to life in
mushrooms, methadone, methamphetamine fine, or both prison, an
(crystal meth) unlimited fine,
or both
B Amphetamines, barbiturates, cannabis, codeine, Up to 5 years in prison, an unlimited Up to 14 years
ketamine, methylphenidate (Ritalin), synthetic fine, or both in prison, an
cannabinoids, synthetic cathinones (e.g., unlimited fine,
mephedrone, methoxetamine) or both
C Anabolic steroids, benzodiazepines (diazepam), Up to 2 years in prison, an unlimited Up to 14 years
gamma hydroxybutyrate (GHB) gamma- fine, or both (except anabolic in prison, an
butyrolactone (GBL), piperazines (BZP), khat steroids – it’s not an offence to unlimited fine,
possess them for personal use) or both
Temporary Some methylphenidate substances None, but police can take away a Up to 14 years
class (ethylphenidate, 3,4-dichloromethylphenidate suspected temporary class drug in prison, an
drugsa (3,4-DCMP), methylnaphthidate (HDMP-28), unlimited fine
isoproplyphenidate (IPP or IPPD), or both
4-methylmethylphenidate, ethylnaphthidate,
propylphenidate), and their simple derivatives
Source: https://www.gov.uk/penalties-drug-possession-dealing.
a The government can ban new drugs for one year under a ‘temporary banning order’ while they decide to the drugs should be classified.

Table 24.3 Drugs classified into eight main groups according to their mode of action
Drug group Examples
Stimulants Amphetamines (fenethylline, captagon), cocaine, ephedra, khat
Opiates and opioids Naturally occurring opiates, synthetic opioids
Sedative hypnotics Zolpidem
Hallucinogens LSD (lysergic acid diethylamide), mescaline
Dissociative anaesthetics GHB (γ-hydroxybutyrate), PCP (phencyclidine), Salvia divinorium
Cannabinoids ‘Spice’, THC (tetrahydrocannabinol)
Solvents Toluene, glue, lighter fuel
New synthetic agents Piperazines

manifest symptoms of florid paranoid psychosis. The International Classification of Diseases entity, the exis-
unique feature of methamphetamine psychosis is that it tence of this disorder is accepted by forensic patholo-
may reoccur years after drug usage has been discontin- gists, forensic physicians, forensic toxicologists and
ued. Its occurrence seems to be related to methamphet- by many authoritative bodies, including the American
amine-induced damage to cortical white matter. These Medical Association and the American Academy of
pathological changes can be visualised with magnetic Emergency Physicians. The syndrome, which is some-
resonance imaging (MRI) scanning. This ability is not times lethal, is notable for the acute onset of hyper-
shared by cocaine or other stimulants. thermia and agitated violent behaviour that often
The most feared consequence of any type of stim- culminates in a sudden unexplained death. The contri-
ulant abuse is the syndrome referred to as ‘excited bution of restraint, struggle and the use of conducted
delirium’. Although not recognised as a specific energy devices (CEDs) to the cause of death in these
Commonly misused drugs 311

(a)

Figure 24.6 Cocaine. (Photograph by DJ Young, courtesy


of the US DEA.) (b)

Figure 24.7 Fibrosis of the heart secondary to stimulant


abuse. (Courtesy of Steven B Karch.) Figure 24.9 (a) Khat; (b) Green residue on tongue
after chewing Khat. ([a] Photo by DJ Young,
courtesy of the US DEA.)

Figure 24.8 Zone of micro-infarction in the Figure 24.10 ‘Crystal meth’. (Photo by DJ Young, courtesy
heart ­secondary to stimulant abuse. of the US DEA.)
(Courtesy of Steven B Karch.)
The vascular complications of stimulant abuse are
cases is the subject of considerable controversy; there numerous. Mostly, but not entirely, they relate to cate-
is good evidence that a central nervous system (CNS) cholamine excess. Excessive amounts of norepinephrine
dysfunction of dopamine signalling underlies the (noradrenaline) damage the walls of blood vessels, and
delirium and produces fatal autonomic dysfunction can cause vascular wall dissection, stroke and coronary
(see also Chapter 16). artery spasm. The presence of excess norepinephrine also
312 Licit and illicit drugs

50

1 initial depolarisation
2 plateau phase
0
repolarisation
mV

0 rapid 3
depolarisation
50
resting membrane
potential

4 4
100

Figure 24.11 Identifiable stages of the cardiac action Figure 24.12 Global use of groups of drugs. (From the
potential. (Courtesy of Steven B Karch.) World Drug Report 2018.)

accelerates the onset of coronary artery disease, induces are contributing to the high number of fatalities. This
cardiac enlargement and produces scarring (referred to builds on the decision by the Commission at its 60th
as interstitial fibrosis of the myocardium). The combi- session, in 2017, to place two precursor chemicals used
nation of myocardial fibrosis and cardiac enlargement in the manufacture of fentanyl and an analogue under
is referred to as myocardial remodelling. Remodelling international control. The Report also makes reference
greatly favours the occurrence of sudden cardiac death. to addiction to tramadol, rates of which are soaring in
Both cocaine and methamphetamine interact with the parts of Africa. Non-medical use of this opioid pain-
ion pores controlling the normal electrical cycling of killer, which is not under international control, is also
the heart (the action potential) but react with different expanding in Asia. The impact on vulnerable popula-
channels. Cocaine blocks the sodium channel (a prop- tions is a cause for serious concern, putting pressure on
erty shared by all local anaesthetics) and the hERG potas- already strained healthcare systems. At the same time,
sium channel. Methamphetamine does not share either more new psychoactive substances are being synthe-
of those properties, but does interact with L-type calcium sised, and more are available than ever, with increasing
channels, which provides another reason for how meth- reports of associated harm and fatalities. In the UK, the
amphetamine can cause arrhythmias. Together, these prescribed drugs gabapentin and pregabalin are con-
interactions lead to prolonged repolarisation of the heart sidered at substantial risk for misuse.
cells, another abnormality that is arrhythmogenic mech-
anism associated with a greatly increased risk of sudden Opiates and opioids
death (Figure 24.11). The term ‘opiates’ refers to morphine, other contents
The World Drug Report 2018, published by the United of the opium poppy (such as codeine), and compounds
Nations Office of Drug and Crime Control (UNODC), made by modification of the morphine molecule. Box
notes that the range of drugs and drug markets are 24.1 lists commonly abused opioids. Opioids are syn-
expanding and diversifying as never before. There is thetic molecules. Opiates and opioids both exert their
a potential supply-driven expansion of drug markets, effects by binding to the µ1 opiate receptor located on
with production of opium and manufacture of cocaine neurons throughout the brain. Similar receptors are also
at the highest levels ever recorded. Figure 24.12 shows found in the intestine, explaining why opiate users are
the usage of some groups of drugs worldwide. almost always constipated. Stimulation of the µ1 recep-
Markets for cocaine and methamphetamine are tor relieves pain, depresses respiration and reduces gut
extending beyond their usual regions and, while drug motility. The only important difference between heroin,
trafficking online using the ‘darknet’ (i.e. that part of the morphine and all the other synthetic opioids is their rel-
Internet hidden from public view) continues to repre- ative affinity for the µ1 receptor. Some opioids conform
sent only a fraction of drug trafficking as a whole, it con- to the shape of the µ1 receptor better than others and,
tinues to grow rapidly. Non-medical use of prescription accordingly, produce greater or lesser effect, with some
drugs has reached epidemic proportions in parts of the synthetic opioids being more than 1 000 times as potent
world. The opioid crisis in North America has resulted as morphine itself.
in the Commission on Narcotic Drugs scheduling six Opiate use can be accompanied by numerous
analogues of fentanyl, including carfentanil, which medical complications often related to the process of
Commonly misused drugs 313

Box 24.1 Common opiates and opioids


• Buprenorphine
• Codeine
• Fentanyl
• Hydrocodone
• Kratom
• Methadone
• Meperidine (pethidine)
• Figure 24.13 Pinpoint (pinhole) pupils.
Oxycodone
• (Courtesy of Jason Payne-James.)
Oxymorphone
• Propoxyphene
• receptor than morphine. The molecular structure of the
Tramadol
opiate can also have an effect on routine drug screening
tests. Routine drug screening tests (including the vari-
ous test kits used in most casualty wards) are antibody
injecting itself. However, there are some complications based. The antibodies used have usually been designed
that are specific to opiates and opioids. Heroin smokers, to attach to morphine and will not react at all in the
for example, can develop a specific type of brain degen- presence of synthetic opioids such as fentanyl. More
eration that is not very different from ‘mad cow’ disease worryingly, carfentanil – a synthetic fentanyl analogue
(bovine spongiform encephalopathy [BSE]); however, approved for veterinary use, with an estimated anal-
these cases remain very uncommon. gesic potency approximately 10,000 times that of mor-
Several features of opiate abuse do merit special con- phine and 20–30 times that of fentanyl, based on animal
sideration. Tolerance is one of these. With chronic use, studies – has become available. Since 2016, an increas-
the user becomes less and less responsive to the drug’s ing number of reports describe detection of carfentanil
effects and must increase the dosage to achieve the same in the illicit drug supply. Little is known about the phar-
effect. This phenomenon is just as much a problem for macology of carfentanil in humans. Its high potency
hospital patients as it is for addicts. Tolerance to different and presumed high lipophilicity, large volume of dis-
opiate effects emerges at different rates. Tolerance to the tribution, and potential active metabolites have raised
pain-relieving effects of morphine emerges quickly, but concerns about the management of people exposed to
tolerance to morphine-induced respiratory depression carfentanil as well as the safety of first responders. It has
emerges very slowly. This differential effect often leads been associated with a number of deaths in association
to potentially life-threatening situations. Clinicians with other illicitly used drugs.
need to be aware of the physical effects of intoxication The non-narcotic materials used to adulterate
with these drugs, and the symptoms produced by their heroin (and other drugs) by street dealers are called
withdrawal. Perhaps the best-known sign of acute use of excipients. They are used to increase drug volume in
opiates is the presence of pinpoint pupils (Figure 24.13). hopes of increasing revenue. The compounds added
Withdrawal from opiates (‘clucking’, ‘rattling’) leads to to enhance drug effects (called adulterants) are rela-
a number of different symptoms, the severity of which tively insoluble. This lack of solubility causes veins to
is mostly dependent on how severely addicted the indi- become sclerotic, explaining the track marks seen in
vidual is: symptoms may include the presence of goose- repeated injection users (Figure 24.14). The adulterants
flesh, rhinorrhoea, lacrimation, yawning, abdominal used in cocaine production tend to be more soluble and
pain, muscle pain and diarrhoea and vomiting. cause far less damage to peripheral veins, even though
Some opioids are much more potent than oth- they can occasionally be quite toxic in their own right.
ers. Novel synthetic opioids have recently emerged Much of the cocaine sold on the streets in the USA has
on the recreational drug market. They include fen- been adulterated with levamisole, an anti-helminthic
tanyl (a potent narcotic analgesic) and its analogues ­piperazine-type drug with the ability to cause bone
(e.g., acetylfentanyl, acryloylfentanyl, carfentanil, marrow suppression. Occasional clusters of multiple
α-methylfentanyl, 3-methylfentanyl, furanylfentanyl, deaths have been reported as a result of the adulteration
4-fluorobutyrylfentanyl, 4-methoxybutyrylfentanyl, of street heroin with illicitly produced α-methyl fentanyl
4-chloroisobutyrylfentanyl, 4-f luoroisobutyrylfen- (as opposed to the unsubstituted, medicinal fentanyl).
tanyl, tetrahydrofuranylfentanyl, cyclopentylfentanyl This can be problematic for toxicologists because the
and ocfentanil) and compounds with different chemi- presence of fentanyl is not detected by routine screen-
cal structures, such as AH-7921, MT-45 and U-47700. ing assays and will not be detected even when routine
Fentanyl, for example, is more than 100 times more pow- screening is performed of whole blood using gas chro-
erful than morphine, because it is a better fit for the µ1 matography/mass spectrometry.
314 Licit and illicit drugs

Box 24.2 Some common sedative


­hypnotic drugs
Benzodiazepines
Triazolam
Estazolam
Temazepam
Non-diazepines
Eszopiclone
Zaleplon
Antidepressants
Trazodone
Figure 24.14 Track marks from intravenous drug admin- Amitryptiline
istration. Note also gooseflesh (piloerection) caused by Melatonin receptor agonist
opiate withdrawal. (Courtesy of Jason Payne-James.) Ramelteon (Rozerem)

Finally, there is the problem of genetic polymorphism,


which refers to mutations that occur in all opiate recep-
Any drug that can bind to the GABA A receptor is likely
tors, and in almost all liver enzymes, including those
to exert sedative, anticonvulsant and anxiolytic effects.
that metabolise the opiates. Depending on the type of
Some drugs may produce muscle relaxation while oth-
mutation affecting the receptor, drug effects can be mini-
ers may produce euphoria. In general, these are very safe
mised, exaggerated or not altered at all. Individuals may
drugs. Death from overdose is rare. However, combina-
be classified as poor, normal, rapid or super-metabolis-
tions of high doses of BZs with other drugs, such as alco-
ers, depending on which mutation is present in which
hol, barbiturates, opiates and tricyclic antidepressants
gene. Tests are available that can differentiate between
may lead to coma and death, mediated primarily by respi-
different kinds of metabolisers in the living, but they
ratory depression. Flumazenil is an appropriate reversal
are not generally available for use in autopsy material.
agent, which should be used with caution because its
Undiagnosed polymorphisms often explain why patients
effects are short-lived and somewhat unpredictable, and
fail to respond to what appear to be adequate doses of
re-sedation may occur later. Supportive care in an appro-
drug. Genetic polymorphism can also explain the occur-
priately monitored setting is usually sufficient treatment
rence of unexpected deaths.
for those who have ingested drugs in this category.
The BZs have long been the drug of choice for the
Sedative hypnotics treatment of insomnia, but long-term use leads to
A very long list of prescription medications is available dependence and abrupt discontinuation can even lead
for the treatment of insomnia. The drugs most frequently to the occurrence of seizures. The nonBZ hypnotics
prescribed for insomnia (which may also have an anxio- are more effective at speeding the onset of sleep than
lytic action) include benzodiazepines (BZs), non-benzo- BZs and are thought to have fewer side effects and drug
diazepines (nonBZs) and antidepressants. Older drugs, interactions. Antidepressants are considered third-
such as long-acting barbiturates and chloral hydrate line drugs for the treatment of insomnia and, in most
have fallen out of favour. BZs increase the effect of the countries, have not been approved for the treatment
neuro-transmitter called GABA (γ-amino butyric acid). of insomnia. Nonetheless, they are widely prescribed,
In the absence of drugs, the GABA A receptor despite the fact that any antidepressant may precipitate
(GABA A R) binds to GABA, which is the major inhibitory serotonin syndrome. A list of the most popular agents
neurotransmitter within the CNS. When it is activated, is shown in Box 24.2. A notorious historic case of fatal
the GABA A receptor selectively conducts chloride ion sedative toxicity is summarised in Box 24.3.
through its central pore into the cell. As a consequence,
the neuron becomes hyperpolarised. When a cell is Hallucinogens
hyperpolarised, action potentials are less likely to occur
Criteria for membership in this group are difficult to
and neurotransmission is slowed. The active site on
define. All members are said to share five common
the GABA A receptor is, of course, GABA. However, the
properties:
receptor also contains a number of other different bind-
ing sites, including areas where BZs, non-BZs, barbitu- • Changes in mood and perception dominate in
rates, ethanol and even inhaled anaesthetics can bind. ­proportion to any other effects the drug may exert.
Commonly misused drugs 315

• There is minimal impairment of intellect or


­memory.
• Use is not associated with agitation.
• There are minimal side effects.
• Craving and addiction do not occur.
Hallucinogens have traditionally been divided into
two groups depending on their chemical structure – the
phenylalkylamines and indolealkylamines. Mescaline
is the best known of the former group while psilocybin
(magic mushrooms), bufotenine (also known as bufo-
tenin or cebilcin-derived from the skin of cer­tain toads)
and LSD (lysergic acid diethylamide, Figure 24.15) are
the three best-known indolealkylamines.
In recent years, these distinctions have become
blurred, as both dissociative anaesthetics and designer
amphetamines such as MDMA (3,4-methylenedioxy-
methamphetamine, commonly known as ecstasy)
(Figure 24.16), share some properties with the halluci-
nogens. The most important distinction appears to be
that, at worst, use of hallucinogens leads only to behav- Figure 24.15 LSD (lysergic acid diethylamide) blotter,
ioural toxicity. However, the hallucinatory ‘designer’ complete sheet. (Photo by DJ Young, courtesy of the
amphetamines have been responsible for many deaths, US DEA.)
often a result of hyperthermia and multiorgan failure.
PMA (paramethoxyamphetamine) appears to be the also confirms the existence of MDMA-associated
most dangerous member of this latter group. neuro-toxicity. High doses of MDMA given to rats pro-
The most notorious of the designer amphetamines, duce dramatic decreases in brain serotonin concentra-
by far, is MDMA. Shortly after MDMA was introduced tions, although animals fully recover after one week.
into England, reports of MDMA-induced hepatic fail- In controlled human studies, the spinal fluid of MDMA
ure began to appear in major medical journals. MDMA users has been found to contain reduced concentra-
seized by police in the UK is primarily manufactured tions of 5-hydroxyindoleacetic acid, the major serotonin
in clandestine laboratories located in the Netherlands metabolite.
and Belgium. Most reported deaths from MDMA have
involved heat-related illness, usually associated with Dissociative anaesthetics
rhabdomyolysis. Substantial experimental evidence Five drugs fall into this category: phencyclidine
(PCP), ketamine, γ-hydroxybutyrate (GHB), dextro-
methorphan and Salvia divinorum (Figure 24.17). All
Box 24.3 Fatal sedative toxicity are hallucinogens, and the first four share the same
and Marilyn Monroe mechanism of action: they block the NMDA receptor,
Norma Jean Baker – better known as Marilyn Monroe, the predominant molecular mechanism involved in
a famous Hollywood actress – was found dead in memory function and learning. Salvia has no effect on
bed in August 1962; bottles of pills – including the the NMDA channel. Instead, it specifically blocks the κ
‘sleeping pills’ Nembutal, and chloral hydrate – being
found on a table next to her bed.
At autopsy, there were no fresh needle puncture
marks, or injuries suggestive of assault – a dark red-
dish-blue bruise was present on the lower left back,
just above the hip. No pill residue was noted in the
stomach or small intestine. Post mortem toxicology
revealed pentobarbital and chloral hydrate ‘well
above fatal dosages’. Despite samples of blood, liver,
kidney, stomach contents, urine and intestine being
saved for toxicology, only blood and liver were ana-
lysed, fuelling suspicions in some circles about the Figure 24.16 MDMA (3,4-methylenedioxymethamphet-
method in which the drugs had been administered. amine) tablets. (Photo by DJ Young, courtesy of the
US DEA.)
316 Licit and illicit drugs

Figure 24.18 Cannabis leaf (marijuana).

Figure 24.17 Salvia divinorum. (Photo by DJ Young,


­courtesy of the US DEA.) to binding C1 and C2, THC also interacts with the BZ
receptor and opioid receptors. THC increases pulse rate
in direct proportion to the dose administered. It may
receptor. Drugs that bind to the κ receptor usually pro- decrease cardiac output, and can sometimes cause
duce intense feelings of unhappiness and depression syncope, particularly in those with pre-existing heart
and all have hallucinogenic (psychotomimetic) effects. disease.
Salvinorin A, the active ingredient in Salvia divino- Whether or not THC relieves pain is still debated,
rum, is the exception. The only reason for taking Salvia but there is little doubt that, once within the body, THC
is to produce hallucinogenic effects, but many poten- remains in the body fat stores for a very long time (>1
tially useful drugs also stimulate κ-receptors and the month). It is then slowly released back into the circu-
psychological side effects that result from this stimula- lation by an assortment of different stimuli, including
tion can be so strong that the drug cannot be used for dieting and stress. Both of the latter conditions lead to
its intended clinical purpose (the reason phencyclidine increased secretion of ACTH and cortisol which, in turn,
was withdrawn from the human market). can also cause THC stored in fat to be released. If stress
The effects produced by salvinorin A are qualitatively can cause the release of THC stored in fat cells, what is
different than those produced by the other hallucino- to be made of the driver suspected of driving under the
gens such as LSD or mescaline, and the mechanism of influence who is found to have low concentrations of
action is not understood. It is known that κ-opioid recep- THC in his blood, even if he had not smoked marijuana
tors also play a key role in the human stress response. for weeks prior to the event? In this case THC stored
Because κ stimulation tends to neutralise the effects of weeks earlier would have been released. Should he be
µ1 stimulation, some feel the presence of the κ receptor charged with driving under the influence? It is essential
may diminish the possibility of drug overdose. There is that an appropriate clinical examination be undertaken
also evidence that stimulation of κ receptors in some to determine whether or not there is clear evidence of
way protects the neuron from damage; in particular, any drug having been consumed and, if so, whether that
damage produced by hypoxia/ischaemia is minimised drug has an effect on that individual’s ability to drive
in the presence of κ receptor agonists but, again, the properly. As is also the case with phencyclidine, so much
mechanisms involved remain totally unknown. marijuana is stored in fat tissue that the interpretation
of post mortem blood levels is almost impossible. After
Marijuana (Cannabis) death, as individual’s cells die, they release their drug
Marijuana (Figure 24.18), derived from the Cannabis content and there is no way to differentiate between THC
plant, and which has multiple street names (e.g., that was ingested just before death from drug that was
weed, hash, skunk), is a drug that interacts with many ingested one month earlier.
different receptors. The body itself produces mari- Multiple new drugs are increasingly becoming avail-
juana-like drugs called endocannabinoids. These are able as governments limit the availability and legality of
compounds with structures similar to that of THC so-called ‘legal highs’. For example, ‘Spice’ has recently
(tetrahydrocannabinol), the active ingredient in mari- become popular. It is sold mostly over the Internet and
juana. Endogenously produced endocannabinoids bind at ‘head shops’. Spice is the popular name for a mol-
with specific endocannabinoid receptors known as C1 ecule named JWH-018 (1-pentyl-3-[1-napthoyl]indole).
and C2. Surprisingly, there is evidence that, in addition It exerts many of the same effects as the cannabinoids
Commonly misused drugs 317

but has a completely different structure. Although the appear to be taking rapid action to address these prob-
structure of Spice is very different from THC, it none- lems. They are frequently referred to in the media, and
theless avidly binds at the same C1 and C2 receptor, at by users, by the umbrella name ‘Spice’.
exactly the same sites where THC is active. The effects Governments and authorities face an uphill struggle
produced are said to be the same as smoking marijuana, as ways to develop substances that avoid legal sanc-
but are believed to last much longer. The potential use of tion are used to get around the inevitable clamp down
this compound as a transdermal pain reliever is under as some legal highs become fashionable. In 2016, the
investigation, but if it ever does come to market there Psychoactive Substances Act 2016 was introduced in
will, no doubt, be a thriving black-market trade. the UK with the intent of restricting the production, sale
and supply of a new class of psychoactive substances.
Table 24.4 summarises the main effects and intentions
Solvents of the Act.
Solvents such as toluene volatize at room temperature, Many of these newly abused drugs belong to the
allowing users to inhale the fumes, a practice referred to chemical class known as piperazines, derived from
as ‘huffing’. Use of these agents and others such as glue, piperazine and benzyl chloride. Piperazines were origi-
or gas fuel for cigarette lighters is much less common nally used as worming agents in humans and in veteri-
now than previously. Glue-sniffing was more frequent nary medicine, particularly in the treatment of round
in the 1980s but still occurs. Clinical examination may worms (especially Ascaris); they paralyse the worms
reveal traces of the inhalant, such as glue, around an so they are flushed out by peristalsis. However, the
individual’s mouth and face, with the persistent odour medicinal use of piperazines is banned in many coun-
of the relevant inhalant. Some individuals may have tries. Ironically, more than half of the cocaine sold in
evidence of singeing of beard or hair, or evidence of old the USA is contaminated with levamisole, a piperazine
burn injury to the face, as many of the agents used for anti-­helminthic drug, which was initially withdrawn
such practices are highly flammable and do not asso- from the US market because it is known to induce bone
ciate well with lighted cigarettes. Toluene, as opposed marrow suppression. Several piperazines derivatives
to the solvents found in hair spray, dry-cleaning fluid are now in circulation.
and gasoline, is the agent most often responsible for fatal 1-Benzylpiperazine (BZP) is a stimulant. It is sold as
intoxication. The mechanism seems to be the disruption an alternative to amphetamine, methamphetamine and
of normal cardiac electrical activity. Inhalation of any MDMA and, on occasion, is misrepresented as MDMA.
solvent will result in transient euphoria, headache and It interacts with numerous different receptors, but the
ataxia. Members of this group selectively destroy brain net effect produced more or less resembles that of an
white matter, and a distinctive pattern can be identi- amphetamine-type drug. Consequently, the adverse
fied in the MRI scans of chronic abusers. Solvents share effects associated with BZP use are likely to include
some properties with other depressants such as barbi- confusion, agitation, vomiting, anxiety and palpita-
turates, benzodiazepines and even alcohol. However, tions. There is strong evidence that higher plasma levels
the solvents, as a group, interact with so many different of BZP are associated with an increased incidence of
receptor subtypes that their actual mechanism of action seizures. Co-ingestion of ethanol increases the likeli-
remains unclear. hood of adverse BZP-induced symptoms, but reduces
the incidence of BZP seizures.
Novel psychoactive substances When taken in small doses the piperazine com-
monly abbreviated as TFMPP (trif luoromethyl­
(legal highs) phenylpiperazine) is said to produce effects like those
These drugs first emerged in New Zealand during of MDMA. However, in large doses, or when combined
the early 2000s, but use has quickly spread to involve with BZP, or alcohol or both, it may be toxic. A recent
Europe and the USA. By the end of 2015, more than 560 clinical trial employing a fixed dose of TFMPP and BZP
NPS had been reported to the European Monitoring had to be discontinued early because so many of the par-
Centre for Drugs and Drug Addiction. The most popu- ticipants experienced agitation, anxiety, hallucinations,
lar compounds are synthetic cannabinoids and psy- vomiting, insomnia and migraine. As with BZP, many of
chostimulatory derivatives of cathinone (so-called the effects resemble those produced by amphetamines,
β-keto-amphetamines). These drugs are commonly (and including increased heart rate and blood pressure and
sometime incorrectly) known as ‘legal highs’. Their legal insomnia.
status is generally an evolving one, and what was legal Meta-chlorophenylpiperazine (MCPP) is also a piper-
one day may, by virtue of new legislation, become illegal azine and a non-selective serotonin receptor agonist. It
almost overnight. Governments are concerned by the is sold as legal alternative to illicit stimulants, mostly in
proliferation of such substances, many of which may New Zealand. Like the other piperazines, MCPP is some-
be sold in corner shops or over the Internet, and they times sold as faux MDMA. MCPP causes headaches in
318 Licit and illicit drugs

Table 24.4 Main Effects & Intentions of the Psychoactive Substances Act 2016
• Makes it an offence to produce, supply, offer to supply, possess with intent to supply, possess on custodial premises,
import or export psychoactive substances; that is, any substance intended for human consumption that is capable
of producing a psychoactive effect. The maximum sentence will be 7 years’ imprisonment
• Excludes legitimate substances, such as food, alcohol, tobacco, nicotine, caffeine and medical products from the
scope of the offence, as well as controlled drugs, which continue to be regulated by the Misuse of Drugs Act 1971
• Exempts healthcare activities and approved scientific research from the offences under the act on the basis that
persons engaged in such activities have a legitimate need to use psychoactive substances in their work
• Includes provision for civil sanctions – prohibition notices, premises notices, prohibition orders and premises orders
(breach of the 2 orders will be a criminal offence) – to enable the police and local authorities to adopt a graded
response to the supply of psychoactive substances in appropriate cases
• Provides powers to stop and search persons, vehicles and vessels, enter and search premises in accordance with a
warrant, and to seize and destroy psychoactive substances.
Source: https://www.gov.uk/government/collections/psychoactive-substances-bill-2015.

humans, and has been used as a challenge agent for test- poly-drug use complicates the interpretation of the
ing potential anti-migraine medications. Up to 10 per forensic toxicological analysis.
cent of those who take MCPP will develop a migraine NPSs are also associated with injection use and the
headache, and 90 per cent of individuals who commonly accompanying risks (e.g., hepatitis C).
suffer from migraines will have an attack if challenged
with MCPP. This has tended to limit the use of MCPP as a
recreational drug, and may explain why no deaths have Drug facilitated sexual assault
been reported after its use. There are also reports that Drug facilitated sexual assault (DFSA) is a matter of
MCPP has been used as a cocaine adulterant. substantial public concern. All published data indicates
Harm reduction measures on the club and rave scene that alcohol intoxication combined with voluntary drug
have included on-the-spot analysis of drugs to ensure consumption presents the greatest risk factor for DFSA,
that what has been bought (even though illegal) is what despite populist perceptions that covert drink-spiking
it is purported to be rather than something more dan- is a common occurrence. There is a need to develop
gerous. policies that encourage early responders to suspected
As these drugs are relatively new, with little expo- DFSA (e.g., law enforcement agencies, medical staff,
sure experienced by humans, there are many concerns support agencies), to collect detailed information about
for possible ill-health effects that remain unknown. It the individual’s licit and illicit drug consumption his-
should be noted that some amphetamine analogues tory, in order to assist in providing appropriate and more
containing paramethoxy group are known to cause thorough contextual information.
severe hyperthermia and even death owing to concur- Certain drugs have been identified as having par-
rent monoamine oxidase inhibitor (MAOI) and mono- ticular potential for use in DFSA and these include,
amine releasing action. The deaths of two young men ethanol, chloral hydrate, BZs, non-BZ sedative-hyp-
in Sweden in 2009 were attributed to methadrone over- notics, GHB, ketamine, opioids, dextromethorphan,
dose. barbiturates, anticholinergics and antihistamines.
As time progresses, and the usage of specific NPS Clinical examination, and early collection of blood,
increases, neuropharmacological and clinical knowl- urine and hair samples as soon as possible after an
edge has progressed for a number of these substances alleged incident may assist in determining the possi-
such as mitragynine (‘Kratom’), synthetic cannabinoids ble drug group involved (if any), and the time at which
(e.g., ‘Spice’), dimethyltryptamine and novel serotoner- it was administered. Such information may assist the
gic hallucinogens, the cathinones mephedrone and toxicology laboratory in directing appropriate investi-
methylone, ketamine and novel dissociative drugs, gation techniques. Possibly the most important future
γ-hydroxybutyrate, γ-butyrolactone, and 1,4-butane- need is for education to ensure that children and young
diol. Mephedrone, for example, had blood concen- people understand the implications of drug-induced
trations in cases of fatal intoxications higher than in risky decisions, reduced inhibitions and reduced abil-
non-fatal cases. However, in both circumstances there ity to resist.
is great variability in mephedrone concentration mea- GHB is produced as a post mortem artefact, both in
sured, potentially attributable to interindividual differ- the urine and the blood, and post mortem GHB blood
ences in pharmacokinetics-pharmacodynamics and measurements are particularly difficult to interpret.
Bibliography and information sources 319

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25 Medicinal poisons

▪▪ Introduction ▪▪ Drugs with unique modes of action


▪▪ Serotonin syndrome ▪▪ Bibliography and information sources
▪▪ QT interval prolongation (long QT syndrome)

Introduction hypertension, hyperthermia up to 40°C, hyperactive


bowel sounds, diffuse and ocular clonus, mania and
Large doses of any medicine may cause cardiotoxicity, agitation. Severe cases are life-threatening and are
or neurotoxicity, but when toxicity occurs it usually does identified by delirium, severe hypertension, tachy-
so as a result of the drug’s shared ability to stimulate cardia, rigidity, and hyperthermia greater than 41°C.
the same set of receptors as are stimulated by abused These may be complicated by seizures, renal failure,
drugs. Analgesics such as oxycodone and hydroco- disseminated intravascular coagulation and death.
done bind to the same set of µ receptors as morphine. Subacute or chronic cases may occur, though moder-
Antitussives, such as dextromethorphan, bind the same ate to severe cases typically present within 12 hours
set of N-methyl-d-aspartate (NMDA) receptors as any of onset. A huge variety of drug combinations, or a
other dissociative anaesthetic. Barbiturate drugs are single drug, can induce SS as can withdrawal from
rarely the cause of death except, perhaps, in epileptics, medication. Such drugs include selective serotonin
where death is more likely to be caused by the absence reuptake inhibitors (SSRIs), tricyclic antidepressants
of the drug rather than any excess (sudden unexpected (TCAs), monoamine oxidase inhibitors (MAOIs), sero-
deaths in epileptics – SUDEP). Members of the benzo- tonin norepinephine reuptake inhibitors (SNRIs),
diazepine family (alprazolam, clonazepam, diazepam, triptans, trazodone, opioids, buspirone, linezolid,
zolpidem) bind the benzodiazepine receptor located on L-tr yptophan, and methylenediox ymethamphet-
the γ-aminobutyric acid A (GABA A) receptor acting syn- amine (MDMA), and others. The combination of
ergistically with opiates to depress respiration. Second- MAOIs with other serotonergic drugs (in particular
and third-generation antidepressants cause ‘serotonin meperidine, dextromethorphan, SSRIs or MDMA)
syndrome’, but the underlying mechanism is just the is associated with severe symptoms. SS can present
same as that of cocaine – the antidepressants prevent with non-specific laboratory abnormalities including
the reuptake of serotonin, leading to the accumulation metabolic acidosis, rhabdomyolysis, elevated creati-
of excess serotonin in the synaptic cleft between nerve nine, myoglobinuria, leukocytosis and elevated cre-
endings. When prescription medications are consid- atine kinase. The mainstay of treatment is supportive
ered, two disorders have come to predominate most care, namely hydration, control of autonomic distur-
discussion: serotonin syndrome and QT interval pro- bances, treatment of rigidity and hyperthermia, and
longation. agitation control. Additional treatment, including
agents to reverse or block the effects of excess sero-
Serotonin syndrome tonin agonism may be appropriate. Table 25.1 shows
Serotonin syndrome (SS) was first recognised in 1991 the range of presentation of SS.
by psychiatrist Harvey Sternbach. Over time, mild SS is a clinical diagnosis, and there are two clini-
cases have been increasingly recognised, making it cal tools for diagnosing the syndrome. The first are the
difficult to determine the true frequency. Symptoms Hunter Criteria. The patient must have taken a seroten-
are due to excessive serotonin activity throughout ergic agent and have one of the following: spontaneous
the nervous system as a result of medication expo- clonus; inducible clonus plus agitation or diaphoresis;
sure. It is generally described as a clinical triad of ocular clonus plus agitation or diaphoresis; inducible
mental status changes, autonomic instability, and clonus or ocular clonus, plus hypertonia and hyperther-
neuromuscular abnormalities (primarily rigidity mia; tremor plus hyperreflexia. The second diagnostic
and clonus), but may be manifest in a wide variety tool uses the Sternbach Criteria. The patient must be
of presentations which include tachycardia, tremor, using a serotonergic agent, must have no other causes
hyperref lexia, diarrhoea, diaphoresis, shivering of symptoms, must not have recently used a neurolep-
or mydriasis, and progress to moderate cases with tic agent and must have three of the following: mental
322 Medicinal poisons

Table 25.1 Presentation of serotonin syndrome–spectrum of symptoms of serotonergic toxicity


Severity Neuromuscular excitation Altered mental status Autonomic dysfunction
Mild Hyperreflexia Anxiety Diaphoresis
Tremor Restlessness Mydriasis
Myoclonus Insomnia Tachycardia
Moderate Opsoclonus Agitation Hypertension
Spontaneous or inducible Hyperthermia
clonus (<40°C, <104°F)
Hyperactive bowel sounds
Diarrhoea, nausea, vomiting
Severe Rigidity Coma Severe hyperthermia
Respiratory failure Delirium (≥40°C, ≥104°F)
Tonic-clonic seizure Confusion Dynamic blood pressure
Source: Wang RZ et al. Cleveland Clinic J Med 2016;83(11):810–817.

status changes; agitation; hyperreflexia; myoclonus; interval to lengthen, become pathologically long and
diaphoresis; shivering; tremor; diarrhoea; incoordina- produce an arrhythmia. The diagnosis is made by DNA
tion; fever. Generally, the Hunter Criteria are considered resequencing.
more specific and more sensitive than the Sternbach An acquired form of this disorder also exists and is,
Criteria. A list of drugs known to cause SS is given in in fact, much more common than the heritable form
Box 25.1. of the syndrome. Acquired LQTS is the result of a drug
interaction between a drug and one of the channels
QT interval prolongation (long QT which controls the orderly sequence of depolarisa-
tion within the heart’s individual cardiomyocytes. The
syndrome) structure in question is called the ‘rapid delayed repo-
Since the 1990s, the concept of primary ‘inherited’ larising channel’, abbreviated as hERG. The molecular
arrhythmia syndromes, or ion channelopathies, structure of the hERG channel is shown in Figure 25.2.
has developed from advances in molecular genet- Some individuals carry mutations that make them
ics. Alterations in genes coding for membrane pro- more subject to hERG interactions. The end result
teins, such as ion channels or their associated proteins is the same as with any hereditary cause of the dis-
responsible for the generation of cardiac action poten- ease: QT prolongation, arrhythmia and sudden death.
tials (AP), cause specific malfunctions which eventu- Methadone is perhaps the most notorious of the drugs
ally lead to cardiac arrhythmias. These arrhythmic that produces this syndrome but, as indicated in Box
disorders include a wide variety of conditions. Among 25.2, the list of drugs is a long one and is growing con-
these, long QT, and Brugada, syndromes are the most tinuously. Routine toxicology screening will not reveal
extensively studied, and drugs cause a phenocopy of whether this interaction has occurred, and there will be
these two diseases. More than 10 different genes have no detectable changes at autopsy, making a thorough
been reported to be responsible for each syndrome. review of the medical history mandatory; even then the
Individuals with long QT syndrome (LQTS) experience diagnosis may be impossible to make at autopsy.
abnormal prolongation of the QT interval – the portion
of the electrocardiogram (ECG) that represents repolari-
sation of cardiomyocytes (Figure 25.1). The QT interval Drugs with unique modes of action
extends from the onset of the Q wave to the end of the Some drugs have unique modes of action. Examples
T wave. The normal rate-adjusted length for the QT include lithium, which though itself is devoid of any
interval is less than 440 milliseconds. A prolonged QT psychoactive effects except as a mood stabiliser, has a
interval favours the occurrence of a lethal form of ven- very complex mode of action. In fact, its mode of action
tricular tachycardia known as torsades des pointes. The is not known with certainty. There is some evidence that
QT prolongation may be caused by genetic aberration an excitatory neurotransmitter could be involved. It has
or it may be acquired. Even those with the genetic form also been proposed that lithium alters gene expression.
of the disease may have a perfectly normal-appearing Chronic lithium poisoning is characteristically asso-
electrocardiogram until some event causes the QT ciated with greater toxicity than acute ingestion, and
Drugs with unique modes of action 323

Box 25.1 Drugs known to cause sero- QRS


complex

tonin syndrome R
Antidepressants
Monoamine oxidase inhibitors
Selective serotonin reuptake inhibitors
Tricyclic antidepressants
Bupropion ST
segment
Trazadone PR
segment T
P
Narcotic analgesics
Buprenorphine
Fentanyl
PR interval Q
Hydrocodone
S
Merperidine
QT interval
Oxycodone
Pentazocine
Figure 25.1 Electrocardiogram (ECG) showing QT interval
Tramadol which can be prolonged in the repolarisation of cardio-
Stimulant drugs myocytes. (Courtesy of Steven B Karch.)
Cocaine
All amphetamines No discussion of forensic toxicology would be com-
plete without some mention of insulin poisoning via the
Methylphenidate
exogenous administration of insulin. Insulin poisoning
Migraine treatments was once a popular means of homicide; now it is rare.
All triptans (agents that bind type 1 serotonin Insulin overdose can cause fatal brain damage, but if
receptors overdose is suspected it can be confirmed by several dif-
ferent methods. Analysis of homicidal insulin overdose
Psychedelics
LSD (lysergic acid diethylamide)
MDMA (3,4-methylenedioxymethampheta­mine,
commonly known as ecstasy)
MDA (3,4-methylenedioxyamphetamine)
Miscellaneous agents (many different types of
drugs fall into this category)
Chlorpheniramine
Dextromethorphan
Lithium
Olanzapine
Risperidone
Ritonavir

is usually manifested by neurotoxicity of rapid onset.


Another feature of lithium poisoning is delayed cardio- Figure 25.2 Rapid delayed repolarising (hERG) channel:
toxicity, usually manifesting as bradycardia. Diagnosis a computer rendering showing an experimental anti-
of poisoning is by measurement of blood lithium con- arrhythmic drug docking in within the central cavity of
centrations. the hERG potassium channel.
324 Medicinal poisons

Bibliography and information


Box 25.2 Drugs causing QT
prolongation sources
Baird-Gunning J, Lea-Henry T, Hoegberg LCG, et al. Lithium poi-
All of the drugs listed below have been shown to soning. J Intensive Care Med 2017;32(4):249–263.
cause ventricular tachycardia (torasades des pointes). Barile FA. Clinical Toxicology: Principles and Mechanisms. Boca
Note that many, though far from all, are either drugs Raton: CRC Press; 2004.
intended to treat cardiac arrhythmias or are macro- Beakley BD, Kaye AM, Kaye AD. Tramadol, pharmacology, side
lide antibiotics. effects, and serotonin syndrome: a review. Pain Physician
2015;18(4):395–400.
• Amiodarone • Ibutilide Boyer EW, Shannon M. The serotonin syndrome. N Engl J Med
• Arsenic trioxide • Levomethadyl 2005;352:1112–1120.
• Astemizole • Mesoridazine Byard RW. A review of the potential forensic significance of tradi-
• Bepridil • Methadone tional herbal medicines. J Forensic Sci 2010;55:89–92.
• Chloroquine • Pentamidine Drummer O. The Forensic Pharmacology of Drugs of Abuse. London:
• Cisapride • Pimozide Hodder Arnold; 2001.
• Clarithromycin • Procainamide Dvir Y, Smallwood P. Serotonin syndrome: a complex but easily
• • avoidable condition. Gen Hosp Psychiatry 2008;30(3):​284–287.
Disopyramide Quinidine
Ferner RE. Forensic Pharmacology: Medicines, Mayhem and
• Dofetilide • Sotalol Malpractice. New York: Oxford University Press; 1996.
• Droperidol • Sparfloxicin Flanagan RJ, Taylor AA, Watson ID, Whelpton R. Fundamentals of
• Erythromycin • Terfenadine Analytical Toxicology. London: Wiley-Interscience; 2008.
• Halofantrine • Thioridazine Glaister J. A Text-Book of Medical Jurisprudence, Toxicology and
• Haloperidol Public Health. Edinburgh: Livingstone; 1902.
Johansen NJ, Christensen MB. A systematic review on insulin
overdose cases: clinical course, complications and treatment
options. Basic Clin Pharmacol Toxicol 2018;122(6):650–659.
is always a challenging task in forensic practice because
Karch SB, Drummer O. Karch’s Pathology of Drug Abuse,
of the difficulties in toxicological analysis as well as
5th ed. Boca Raton: CRC Press; 2015.
the elusive pathologic changes. C-peptide is a peptide Luff AP. Text-Book of Forensic Medicine & Toxicology, Volumes I and
that is made when proinsulin is split into insulin and II. London: Longmans, Green and Co; 1895.
its C-peptide fragment. This event occurs just before Ramalho D, Freitas J. Drug-induced life-threatening arrhyth-
release of insulin from the pancreas. If concentrations of mias and sudden cardiac death: a clinical perspective of
the peptide are very low and insulin very high, the dis- long QT, short QT and Brugada syndromes. Rev Port Cardiol
parity would suggest that exogenous insulin had been 2018;37(5):435–446.
administered. However, unless the blood specimen is Sunderland N, Wong S, Lee CK. Fatal insulin overdoses: case
frozen, levels of C-peptide may degrade rapidly. DNA report and update on testing methodology. J Forensic Sci
2016;61(Suppl 1):S281–S284.
analysis offers another possible approach. Biosynthetic
Thorpe EL, Pizon AF, Lynch MJ, Boyer J. Bupropion induced sero-
insulin is now produced by genetic engineering. Some of
tonin syndrome: a case report. J Med Toxicol 2010;6:​168–171.
the bioengineered insulin has a slightly different struc- Tong F, Wu R, Huang W, et al. Forensic aspects of homicides by
ture than human insulin and these differences can be insulin overdose. Forensic Sci Int 2017;278:9–15.
detected. A friend, relative or care-giver may be the one Turker I, Ai T, Itoh H, Horie M. Drug-induced fatal arrhythmias:
who carries out homicide by insulin injection. Suicide acquired long QT and Brugada syndromes. Pharmacol Ther
by insulin overdose is well recognised. 2017;176:48–59.
26 Miscellaneous poisons

▪▪ Arsenic ▪▪ Lead
▪▪ Carbon monoxide ▪▪ Methanol
▪▪ Cyanide ▪▪ Bibliography and information sources

Arsenic Three forms of arsenic poisoning are recognised:


acute, subacute and chronic. At any stage of the disease
When arsenic is detected in a post mortem tissue sam- the breath may have garlic-like odour (as will a cadaver’s
ple the significance of its presence is often difficult to tissues at autopsy). In acute poisoning, when 1 g or more
determine. The presence of arsenic may indicate acute of inorganic arsenic has been administered, gastroin-
poisoning or it may indicate nothing at all. This pre- testinal symptoms predominate with bloody vomiting
dicament arises because arsenic exists in two forms: and severe diarrhoea. The diarrhoea can be sufficiently
organic and inorganic. The term ‘organic’ indicates that copious to cause shock and cardiorespiratory failure.
the arsenic is bound to another organic molecule and If the victim dies very quickly, no abnormalities
unable to exert toxicity (the resultant compounds are will be evident at autopsy. However, if a few hours
called arsenosugars and arsenobetaine). In contrast, pass before death occurs, inspection of the upper gas-
the term inorganic arsenic indicates that the arsenic trointestinal (GI) tract will show that the oesophagus
atom exists as a salt bound to another cation; this salt has become red and inflamed. In some instances, the
may disassociate and then cause poisoning. The arsenic inflammation can be so intense that the bowel is said to
found in oysters from contaminated oyster beds is an have a ‘red velvet’ appearance. The only other reliable
example of organic arsenic, whereas the arsenic found post mortem change produced by arsenic poisoning is
in coal deposits is an example of the inorganic form. The bleeding from the muscle that lines the inner surface
standard method used to detect arsenic in post mortem of the left side of the heart (an area known as the left
materials does not differentiate organic from inorganic ventricular subendocardium). Unfortunately, this is a
arsenic, so the mere detection of this compound has relatively non-specific abnormality seen in conditions
little significance, at least not without a very suggestive where the blood pressure suddenly collapses; the car-
clinical history. diac changes can be especially prominent when there
In its free form, arsenic is highly toxic. This is unfor- has been massive blood loss from arsenic-induced
tunate as arsenic is found in the drinking water of mil- bloody diarrhoea.
lions of people all around the world. Estimates suggest Chronic arsenic poisoning presents a very different
that more than 13 million Americans, mainly those who picture and may be difficult or even impossible to prove
use well water, are exposed to toxic levels of free arsenic with certainty. It is sometimes diagnosed as gastroen-
every day. The entire aquifer of the Indian subcontinent teritis or, occasionally, neuropathy. Victims may present
is also contaminated with arsenic, which explains why with vague symptoms of leg and arm pain secondary to
many Indian herbal remedies are contaminated with arsenic-induced nerve damage. In chronic poisoning
arsenic. Mere exposure to arsenic does not guarantee the skin may become overly dry and pigmented, espe-
illness because the liver is capable of rapidly detoxifying cially within the lines of the forehead and neck. Hair loss
free arsenic and excreting it from the body. This protec- is common, and there may be swelling of the legs. In the
tive mechanism does have its limits though, and in the early stages of chronic poisoning, the stomach looks
presence of massive amounts of arsenic, the liver’s abil- normal, but eventually haemorrhagic gastroenteritis
ity to detoxify arsenic is overwhelmed. will develop. The liver will contain excessive amounts
Arsenic poisoning was once a popular type of homi- of fat, but usually only around the edges. The kidney and
cide, but no longer. Chronic arsenic poisoning is now heart will be damaged, but the damage is only apparent
most likely to be seen in children who have ingested if the tissues are examined with a microscope. The nails
arsenic pigments found in old lead-based paints (the may show ‘Mee’s lines’ – transverse white bands across
two elements are often commingled). Such paint still the fingernails. It has been proposed that a chronic
exists on the walls of some Victorian-era homes and arsenic intoxication diagnostic score (CAsIDS) be used
constitutes a health menace. to establish chronic poisoning. A distinctive feature of
326 Miscellaneous poisons

CAsIDS is the use of bone arsenic load as an essential and include: relative concentrations of CO and oxygen,
criterion for the individual risk assessment of chronic alveolar ventilation, duration and intensity of exposure.
arsenic intoxication, combined with a systemic clini- However, chronic exposure to high levels of CO leads
cal assessment. Such cases (fatal and non-fatal) provide to CO binding to proteins with less affinity than hae-
complex clinical conundra. moglobin, such as myoglobin and cytochromes of the
P450 system, particularly a3. Differential affinity may
Carbon monoxide also account for some of the variations in response to
Intoxication from carbon monoxide (CO) is a phenom- exposure. Hypoxic stress caused by CO exposure alone
enon that occurs in a wide variety of settings worldwide. would not seem to account for some of the longer-term
CO is a major environmental toxin whose effects were effects and it is believed that CO also initiates a cascade
described over a century ago by Haldane. It is consid- of events culminating in oxidative stress.
ered a public health issue in many countries. It is a The World Health Organisation has issued guide-
colourless, odourless and non-irritant gas produced by lines for the level of CO in the air that will prevent blood
the incomplete combustion of hydrocarbons and found COHb levels from rising above 2.5 per cent. Exposure to
whenever organic matter is burned in the presence of CO may be difficult to detect. Work, domestic and lei-
insufficient oxygen. The highest concentrations to be sure settings may all account for exposure. If exposure
found in the modern urban environment are generated is suspected, it is appropriate to use a system such as
by motor vehicles, petrol-powered tools, heaters and the CH2OPD2 mnemonic to try to explore the source of
barbecues. Ambient air concentrations of more than environmental exposure (enquiring about Community,
100 ppm are considered dangerous to human health. Home, Hobbies, Occupation, Personal, Diet and Drug
The effects observed include a variety of physical and issues). Systematic enquiry is the most efficient way of
neurological signs and symptoms ranging from none establishing a cause and a source.
to death. Exposure occurs in two main ways: (1) acute Poisoning by CO is described as a ‘disease with a
exposure for varying lengths of time where the effects thousand faces’ because of its many different clinical
are generally immediately obvious, and (2) delayed or presentations. Classic acute CO intoxication is said to
chronic exposure where the effects may be unrecog- cause the triad of cherry-red lips, cyanosis and reti-
nised for days, months or years. The diagnosis of CO nal haemorrhages, but this type is rare. In many cases
exposure may be one of exclusion. Figure 26.1 shows a more insidious presentation develops and the only
Public Health England’s guidelines for diagnosing CO indicator may be a general malaise or suspicion of a
poisoning. viral-type illness. Specific symptoms include headache,
The problems of recognising low-grade exposure to dizziness, nausea, shortness of breath, altered vision,
CO may result in a considerable underestimation of the altered hearing, chest pain, palpitations, poor concen-
problem. Between 1995 and 2018, a total of 697 deaths tration, muscle aches and cramps and abdominal pain.
from unintentional CO poisoning occurred in the UK, Sometimes these may occur in clusters and sometimes
with a male to female ratio of 2:1. The number of deaths in isolation. More serious effects include loss of con-
each year has reduced dramatically from 65 deaths in sciousness, myocardial ischaemia, hypotension, con-
1995/96 to 3 deaths in 2017/18. gestive cardiac failure, arrhythmias, mental confusion
CO dissolves in plasma and binds to oxygen-trans- and mood variation. These symptoms and signs may be
porting proteins haemoglobin (in plasma) and myoglo- present during acute exposure at higher level in non-
bin, and the cytochrome system in tissues. The most fatal cases, but also in the more chronic or prolonged
significant affinity is for haemoglobin. CO is absorbed exposures.
through the lungs and binds to haemoglobin (Hb) form- In addition to the symptoms and signs discussed
ing carboxyhaemoglobin (COHb). This a reversible reac- there are a variety of neurological, psychiatric and psy-
tion that can be described as follows: chological sequelae that may develop days, months and
years after initial exposure.
HbO2 + CO → COHb + O2 Diagnosis is made by measurement of venous COHb
levels; however, there is no absolute level that can confirm
The affinity of Hb for CO is up to 250 times greater the presence or absence of poisoning. A level above 10 per
than that for oxygen and the presence of CO results in cent is considered to confirm the diagnosis, unless the
a shift of the oxygen–haemoglobin dissociation curve individual is a heavy smoker (Box 26.1). Concentrations
to the left, causing decreased oxygen-carrying capacity of COHb in arterial blood are not significantly different
and impaired delivery of oxygen to the tissues. Cellular from venous concentrations and so an arterial sample
hypoxia results and cardiac function is diminished is not required for diagnosis. Arterial blood gas mea-
because of hypoxia. The link between levels of CO and surements can show a mixed picture of normal partial
effects is not direct. The amount of uptake is governed pressure of o­ xygen, variable partial pressure of carbon
by a number of variables, all of which are interrelated dioxide, and decreased oxygen saturation, all in the
Carbon monoxide 327

Figure 26.1 Diagnosing CO poisoning. (From Public Health England, 2015.) (Continued)

presence of a metabolic acidosis. Problems arise, par- Table 26.1 shows the symptoms produced by increas-
ticularly in chronic, lower-dose exposures, because the ing concentrations of CO within the body.
COHb concentration will revert to ‘normal’ values once CO was once a frequent means of suicide, but changes
the source of exposure has been removed; however, the in technology have led to a marked decrease in the num-
removal process is dependent on the half-life of COHb in ber of deaths. In the 1950s, inhaling coal gas accounted
the particular setting. Normal COHb levels do not neces- for nearly half of all suicides in the UK, but the rate
sarily rule out CO poisoning. markedly declined after natural gas replaced coal gas
328 Miscellaneous poisons

Figure 26.1 (Continued) Diagnosing CO poisoning. (From Public Health England, 2015.)

in the 1960s. The introduction of catalytic converters for amounts of CO may be generated if a car is left with
automobiles has reduced, but not quite eliminated, sui- its engine running in a closed garage. The majority of
cides committed by inhaling the exhaust fumes from a accidental poisonings and suicides by CO occur as a
car engine operating in an enclosed space. The catalytic result of burning charcoal in a confined space. In the
converters found in cars today eliminate over 99 per most frequent scenario, a charcoal barbecue is lit in a
cent of the CO produced but, even then, very substantial closed room. If death was solitary and intended, then
Methanol 329

most of the time the increase is asymptomatic and blood


Box 26.1 Haemoglobin concentrations concentrations are modest. In non-smokers, the average
of carbon monoxide (CO) blood cyanide concentration is less than 0.01 micromol
µ mol/L, rising fourfold after smoking. In chronic smok-
and guideline symptoms ers, concentrations may be 10 times higher.
• In non-smokers less than 3% total haemoglobin Large infusions of sodium nitroprusside, used to
contains CO treat hypertensive emergencies, can lead to serious cya-
• In smokers 2–10% of haemoglobin contains CO nide poisoning, but more commonly cyanide poisoning
• 20–30% of haemoglobin causes headache, nau- is encountered in fire survivors, as many contemporary
sea, vomiting and confusion fabrics and building materials contain plastics that
• 30–40% of haemoglobin causes dizziness, mus- can liberate cyanide during combustion. Cyanide is
cle weakness, confusion, rapid heart beat said to have the smell of bitter almonds, but approxi-
• 50–60% of haemoglobin causes loss of mately 10 per cent of the general population are con-
consciousness genitally unable to perceive this smell. This rarely leads
• Over 60% of haemoglobin causes seizures, to exposure in the autopsy suite because, in the course
coma, death of normal circumstance, multiple staff members will be
present and at least one is like to perceive the odour.

the windows and doors are likely to have been sealed off.
If not, it may be difficult to determine whether or not the
Lead
cause of death was accident or suicide. Routes of lead exposure include contaminated air,
water, soil, food and certain lead-containing consumer
products, particularly those made in China. It has been
Cyanide associated with the use of Ayurvedic medicines and
Cyanide ions prevent cells from utilising oxygen; they food contamination. In adults, the most common cause
inhibit the enzyme cytochrome c oxidase. High concen- of lead poisoning is occupational exposure, whereas in
trations of cyanide lead to cardiac arrest within minutes children it is the lead paint that exists in older homes.
of exposure. Exposure to lower levels of cyanide over a Aged lead paint is likely to peel off walls and may look
long period (e.g., after use of cassava roots as a primary like an attractive item of food to children. Lead is toxic
food source, which is a relatively common occurrence in because it can substitute for calcium in many funda-
tropical Africa) results in increased blood cyanide lev- mental cellular processes, although how it does so is
els, which can cause weakness and a variety of symp- not entirely clear: neither the electronic structures nor
toms including permanent paralysis. Cigarette smoking the ionic radii of the two elements bear any particular
also increases blood cyanide concentrations, although resemblance. Nonetheless, lead can cross red blood cell
membranes as well as the blood–brain barrier and enter
the neuroglia cells which support brain function. This
Table 26.1 Symptoms produced by carbon monoxide explains why exposed children may develop permanent
learning and behavioural disorders.
Concentration
Symptoms of lead poisoning include abdominal pain,
(ppm) Symptom
headache, anaemia, irritability and, in severe cases, sei-
35 Headache, dizziness zures, coma and death. X-rays will expose dense lines
100 Headache, dizziness in the long bones of children, and red cells undergo a
change known as basophilic stippling, where blue-stain-
200 Headache, loss of judgement ing remnants of destroyed DNA are seen lining the mar-
400 Frontal headache gins of the red cells. This change is diagnostic for lead
800 Dizziness, nausea, convulsions poisoning. The main tool for diagnosis is measurement
of the blood lead level. Treatment depends on the blood
1600 Tachycardia, nausea, death in less level and is designed to remove the lead from the body
than 1 hour (chelation therapy).
3200 Tachycardia, nausea, death in less
than 20 minutes
6400 Convulsions, respiratory arrest,
Methanol
death in 1–2 minutes Like ethanol, methanol can cause fatal central nervous
system (CNS) depression. Methanol intoxication is an
12,800 Unconsciousness after two breaths, uncommon but serious poisoning. Its adverse effects are
death in 3 minutes due primarily to the impact of its major metabolite formic
330 Miscellaneous poisons

acid and lactic acid resulting from cellular hypoxia. All of CO-Gas Safety. The Carbon Monoxide and Gas Safety Society.
these processes occur in the liver. Formic acid (formate) Analysis of deaths and injuries. http://www.co-gassafety.
is toxic because it inhibits mitochondrial cytochrome c co.uk/information/co-gas-safetys-statistics-of-deaths-and-
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ance installations in London: a cross-sectional survey. Environ
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Index
A aneurysm phases and signs, 162–166
atheromatous, of the aorta, 73–74 restraint, 171–172, 209
abdomen
Charcot-Bouchard, 76 aspiration of water, 193–194
asphyxia due to pressure on,
circle of Willis, 75 assault
173–174
dissecting, of the aorta, 74 child, see children
injury, 159–160 intracranial, 75–76 occasioning actual bodily harm,
child, 160, 248 ruptured berry, 75–76 offence of, 106
organs, see organs syphilitic, 74–75 sexual, see sexual assault
abortion, 78 animals subarachnoid haemorrhage and,
abrasion, 113–116 decomposition, predation and, 75, 152–153
abuse, child, see child abuse 60, 63–64, 67–68 asthma, 77, 79–81
Abusive Head Trauma (AHT), 98 transplanted material from, 35 atheromatous aortic aneurysm,
accident anthropology, forensic, 53, 63, 68, 73–74
children, 102 145, 198, 203 atheromatous plaque, 70
fire death, 184–185 antidepressants, 308, 314 Attenuating Energy Projectile
firearms death due to, serotonin syndrome, 308, 323 (AEP), 141
142–143 anus (in sexual assault) autoerotic asphyxia, 171–172
accidental trauma in infants, 98 examination, 237 autopsy (post mortem
acid bath murders, 278 child, 252 examination;
acid phosphatase test, 286 penetration/intercourse, 237 necropsy), 45–49
actual bodily harm, offence of aorta clinical, 45
assault occasioning, 106 aneurysms, 73–74 Coronary commissioning/
adipocere, 62 stenosis (incl. aortic valve), requiring, 11
adjudication (fitness to practice 71–72 diagnostic approach, 45
procedures), 25 appeal (doctor’s right of) against drowning, 194
affidavit, 8 decision on fitness-to- examination, 46
affirmation, 8, 9 practice, 26–28 facilities, 46, 48
age determination appearance after death medicolegal, 45, 46, 47, 48
bruising, 112 early post mortem interval, Minnesota protocol, 49–52
decomposed remains, 203 55–58 permission for organ/
fetal, 85 facial, 57, 202 tissue harvesting for
gestational, 85 arms, defence injuries, 122–123 transplantation, 34
living, 204, 205 arrhythmias, 69, 71 quality, 48
air bags, 265 drowning, 194–195 rate variations between
air rifles, 133, 140 drug-induced, 322 jurisdictions, 44
aircraft fatalities, 267–268 arrhythmogenic right ventricular reports, 11
airgun, 133, 140 cardiomyopathy, 73 aviation incidents, 267–268
airway in drowning, 194 arsenic, 325–326 axonal injury, traumatic, 155
alcohol, see ethanol; methanol hERG channel and, 297
Alcohol Use Disorders Identification artefactual injuries, immersed
B
Test (AUDIT), 218 body, 193
allergic drug reactions, 297 arterial disease bacteria and decomposition, 59
amphetamines, 308, 309–310 coronary, 69–71 ballistic injuries, 133–147
designer, 315 extracardiac, 73–76 Barleycorn Public House
amputation arterial spurting, 289 Murder’, 169
in torture, 273 asphyxia, 162–175 baroreceptors, carotid sinus,
by train, 267 classification/types, 162, 163, 166, 167
amylase test, 287 166–172 baton(s), 210–211

333
334 Index

baton (plastic) rounds, 133, 211–213 neuropathological haemoglobin concentrations


Bayes theorem, 281–283 examination, 81 in, 329
beanbag projectile, 141 vascular lesions, 75–76 poisoning, 162, 326–329
behavioural abnormalities in brain-stem death/cessation of symptoms, 329
hypothermia, 186–187 function, 31, 32 carboxyhaemoglobin (COHb),
benzodiazepines, 314 breastfeeding and morphine 326–327
1-benzylpiperazine (BZP), 317 poisoning, 300 fire victims, 182, 183
berry aneurysm, ruptured, 75–76 breath tests, alcohol, 258, 304 cardiac problems, see heart
best practice, forensic pathologist, 47 bruising, 109–113 cardiomyopathy, 73
bicycle (pedal cycle) injuries, 266 child/infant, 245–249 cardiorespiratory arrest, criteria
bite wounds/marks, 122; see also deceased, 88 for diagnosis and
‘love’ bites feet, due to torture, 126, 127 confirmation of death
infant, 101 from footwear/shoewear, 111, 114, following, 31
photography, 129–130 121–122, 292 cardiovascular disease, 69–76
self-inflicted, 124 patterned, 112 carotid sinus baroreceptors,
from trained dogs, 213 pedestrians, 263 166, 167
Bland case, 32–33 brush abrasion, 113 case law, 2
blast (explosions), 144–145 bullets, 137, 139, 140, 141; see also Casper’s Law (or Ratio), 59
bleeding, see haemorrhage plastic rounds cast-off, 289
blisters, electrical causing, 188 Dum-Dum, 135 cellular death, 30
blood, 279–280 burial, 43, 53 central nervous system stimulants,
alcohol concentrations, and buried remain, 60–62 see stimulants
clinical effects, 304 burns, 177–178 cerebral haemorrhage, 76
as drug testing matrix, 298–299 classification, 178 cerebral infarction, 76
post mortem, 57–58 electrical, see electrical trauma cerebral oedema, 154
bloodstains, 279–280 infant, 101 cerebral thrombosis, 76
pattern analysis, 287–290 self-inflicted, 125 cerebrovascular accident (CVA), 76
blowflies, 67 severity and extent, 177–178 certification of death, 35–38
blowout fracture of orbit, 150 BZP (1-benzylpiperazine), 317 cervical spinal injury, 158
blunt-force injury, 107, 108–118 chain of custody, 278–279
abdomen, 159 Chancery, 4
C
chest, 158 channelopathies, 72
Body Mass Index (BMI), 202 cadaver (dead body; the deceased) chaperones in intimate
body appearance, see appearance examination, 14
dead, see cadaver donation from, 34 Charcot-Bouchard aneurysm, 76
fluids, see fluids identification, see identification chest
piercings, 202 infant, injuries, 88–102 asphyxia due to pressure on,
body temperature, after death, cadaveric rigidity, 56 173–174
58–59 café coronary, 172 injury, 158–159
bombing (explosions), 144–145 cannabis (marijuana), 316–317 child, 248
bone capacity (mental) child abuse, 87–102, 244–253
dating, 63 to consent, disclosure accidental injury, 102
determination of remains as, concerning patients bites, 101
202, 203 without, 21–22 bruising, 88, 98
fractures, infants, 88–98 to make decisions burns, 101
sex determination from, 203 consent of patients with, 23 definitions, 245
bow(s), 141–142 consent of patients without, epidemiology, 67, 87
bowel, see intestine 24–25 law, 245–246
bows, 141 Captagon (fenethylline), 308 management, 252–253
brain; see also entries under car(s) physical, 88–102, 244, 245–251
cerebral occupant injuries, 263–265 regional injuries
injury, 132, 154–155 pedestrian injuries, 261–263 skeletal, 88–98, 100
child, 98 carbon monoxide, 326–329 skull fractures, 97–98, 100, 151
pedestrians, 262 diagnosis, 326, 327–328 head injuries, 98–99
with skull fractures, 150 fire victims inhaling, 183 ocular, 99–199
Index 335

oral, 100 consent (to disclose), 10, 15, 17, 19, dating of bones, 63
visceral, 100–101 20–21 death (mortality; fatality), 30–103;
scalds, 179, 247 consent form to history see also cadaver;
sexual, 102–103, 244, 251–252 examination and report homicide, infanticide;
child death notification, 89–91 (sexual assault), 231 lethal dose; suicide;
Child Death Overview Panels contact blood staining, 287, 288 survival
(CDOP), 88 contact wounds alcohol detection after, 232
children (and young people); see also rifled weapons, 137–139 appearance after, 55–58
child abuse; infants shotgun, 136 asphyxia, 162–175
post mortem in, 88 contrecoup injury to brain, 155–156 bruising after, 112–113
hypothermia, 185, 186 convulsions, see seizures and burns-related, factors influencing
safeguarding, 246, 252–253 convulsions risk of, 178
consent, 23–24 cooling, body, after death, 58–59 certification, 35–38
Children Act (1989), 244, 245, 246 coronary artery disease, 69–71 definitions, 30–31
choking, 172 Coroner determination of cause of, 35–38
choking game, 169 Commissioning/requiring disclosure after, 22
chop injury, 120 autopsy, 11 drug redistribution after, 300
chronic arsenic intoxication referral of deaths to, 43, 44 electrocution, 187, 188–189
diagnostic score (CAsIDS), Coroners and Justice Act fire, see fire
325–326 (Amended) 2017 firearms, determination of
circle of Willis aneurysm, 75 coughing blood, 289 circumstances, 142–143
civil law, 3–4 County Court, 3 immersion
Clinical Institute Withdrawal coup injury to brain, 155–156 example causes, 192
Assessment of courts, 1, 2 mechanisms, 194–195
Alcohol Scale, Revised civil law, 3–4 infants and children, 83–103
(CIWA-Ar), 220 criminal law, 1–3 lightning, 189
cloning, 35 evidence for, see evidence medicolegal investigation, 43–45
clothing witness in, see witnesses multiple, see mass disasters
fibres, 293 cranial fractures, see skull fractures natural causes, 69–81
in hypothermia, paradoxical crash helmets, motorcycle, 265 in police custody, 218–219
undressing, 186–187 crime scene rapid changes after, 55
cocaine, 308, 309–310, 312, 317 evidence recovery, 278 sudden and unexpected (from
codeine and morphine poisoning in examination, 276–278 natural causes), 69–81
breastfed neonate, 300 Crime Scene Investigation effect, 277 suspicious, 48, 49, 157
cold injury, see hypothermia criminal law, 1–3 time of, see time of death
cold shock response, 195 statements and reports, 7–8 transportation
colleagues, duty of physician to, 15 crocodile skin, 188 aircraft, 267–268
coma, 31, 32 crossbows, 141–142 marine, 268
common law, 2 Crown Prosecution Service, 2 railway, 266–267
complex non-linear systems’, 107 crush abrasions, 113, 114–115 deceased, see cadaver
compression (pressure) crush asphyxia, 174 deceleration injuries with car
asphyxia due to, 162, 166–172, crystal meth (methamphetamine), occupants, 263
173–175 309 seatbelts and, 263–264
handcuff, neuropathy due to, 210 CS irritant spray, 211 decisions and capacity to consent,
consciousness CSI effect, 277 see capacity
prolonged disorders of, 31–33 cuffs, 209–210 Declarations of World Medical
definitions of, 32 cyanide, 329 Association (WMA), 14, 16
conducted electrical weapons, cytochrome P450 enzymes, 297, 300 decomposition/putrefaction,
213–214 59–60
spit guards/hoods, 214 Identification of remains with,
D
conduction, cardiac, and sudden 202, 203
death, 70 damage (to items) assessment, 290 defence injuries, 122–123
confidentiality, 10, 17, 19–22 Damage-Associated Molecular degloving of immersed body,
not applying, see disclosure Patterns (DAMPs), and 191, 192
conflict resolution, 208–209 ’Alarmins, 106 delirium, excited, 310
336 Index

dental structures, identification pathophysiology, 193–194 electropherogram (EPG), 281


from, 199–201 signs of, 194 embolism
dependence, drug, 296–297 drugs, 295–324; see also ethanol; mesenteric, 77
Deprivation of Liberty Safeguards toxicology pulmonary, 76–77
(DoLS), 43 classification, 310 emergence, 107
dextromethorphan, 315 dependence, 296–297 emotional abuse of children,
Diagnostic and Statistical Manual driving under influence of, 257, 245, 252
of Mental Disorders 261 emphysema aquosum, 79, 194
(DSM-IV), substance harm reduction, 307, 308, 318 empty hand restraint, 209
abuse, 296–297 idiosyncrasies, 297 endocannabinoids, 316
diatoms, 196 interactions, 297 end-of-life care, 32
dilated cardiomyopathy, 73 interpretation of measurements, entomology, see insects
dimethylaminocinnamaldehyde 299–300 entrance wounds
(DMAC) test, 287 legal status, 307 crossbows, 142
disclosure, 19–22 licit and illicit, 307–318 rifled weapons, 137–140
consent to, 10, 15, 17, 19, 20–21 common agents, 307–318 epidermal effects of immersion,
disorders of consciousness, legal highs, 316, 317–318 191, 192
prolonged, 31–33 medicinal, 321–324 epidural haemorrhage, see
dissecting aortic aneurysm, 74 in police custody, 218, 222 extradural haemorrhage
dissociative anaesthetics, 315–316 principles, 295–296 epilepsy, 79–81
divided attention tests, 258–261 receptors, 296 ethanol (alcohol), 302–305
diving response, 194 redistribution (post mortem), 300 absorption, 302
DNA analysis, 279–281 sexual assault using, 318–319 clinical effects, 304
historic legal cases, 282 testing matrices, 298–299 driving and, 257, 258, 304
mixed DNA results, 283–286 tolerance, see tolerance drowning and, 195–196
of handled items, 285 with unique mode of action, elimination of, 302–304
profiling, 199, 279–281 322–323 measurement, 304
DNA database, National, 285–286 withdrawal, see withdrawal metabolism, 302
DNA profiling, 199, 279–281 dry drowning, 194 methanol added to (for industrial
doctors/physicians, 4–7 dry submarino, 126 use), 330
in court DSM-IV, substance abuse, 296–297 pharmacokinetics, 303
as witnesses, 4–7, 9–11 Dum-Dum bullets, 135 absorption, 302, 304
ethics and, see ethics duties elimination, 303–304
mass disasters and, 145–147 physicians, 14–16, 17 police custody and, 218, 220, 222
regulation, 25–28 UK perspectives, 14–16 post mortem considerations, 304
doctrine of precedent, 2 of witnesses, 7 screening, 218
documentation and records; see also World Medical Association’s sources and concentrations, 302
statements and reports amendments, 14, 15 ethics (medical), 13–28
autopsy, 48, 49 expert witness, 6, 7 international codes, 14, 15, 16
evidence in, 2 dyspnoea phase of asphyxia, 165 mass disasters, 145, 146–147
injury, 127–130 practical aspects, 16–18
child, 251 evidence, 7–9
E
sexual assault, 232–236 for courts, 7–9
dogs (law enforcement), 213 ear criminal law, 2, 3
domestic violence bruising, 98 documentary, 2
homicide, 41–42 laceration, 117 immersion, 191–192
non-fatal, 41 ectopic pregnancy, 78 recovery; see also samples
dopamine and stimulants, 308 Edelman’s test, 287 crime scene, 277, 278
downward drips of blood, 288 eggs, insect, 67 firearms incident, 143–144
driving under influence of drugs, elder abuse, 253 trace, 292–293
257, 258–261 elderly, hypothermia, 185 examination (human)
alcohol, 257, 258, 304 electrical restraint devices, 213–214 asphyxia survivors, 165–166
drowning, 162, 191–196 electrical trauma (including burns), exhumed body, 53
alcohol and, 195–196 187–189 intimate, guidance, 14
diatoms, 196 torture, 273 post mortem, see autopsy
Index 337

in professional witness fetus as drug testing matrix, 299


statement, 11 deaths, 83 regurgitation after death, 55
scene of crime, 276–278 maturity estimation, 85 time of death estimation, 67, 68
sexual assault, 229–230, 230–232 fibres, 293 gastric haemorrhagic lesions in
child, 251–252 field impairment tests, 261 hypothermia, 186, 187
torture, 272–273 fire(s), 180–185 gastrointestinal tract
examination (questioning in court), cyanide poisoning in disorders, 77
8–9, 10 survivors, 329 hypothermia and, 186
exchange principle, Locard’s, 276 deaths during, 184–185 infant injuries, 100–101
excited delirium syndrome, pathological investigation of, general acceptance test, 5
224–225, 226, 310 180–183 General Medical Council
execution by hanging, 170–172 escape failure, reasons, 183 on duties of doctors, 14–16
exhibit label, 278–279 investigations, 181 regulations, 25
exhumation, 53 firearms, 133–140 fitness to practice procedures,
exit wounds bloodstains with, 289 25–28
crossbows, 142 determining circumstances of genetic polymorphisms
rifled weapons, 137–140 death due to, 142–143 and mutations (in
expert witness, 4–7 evidence recovery, 143–144 toxicology), 300; see
explosions, 144–145 impact rounds, 212–213 also single nucleotide
express consent, disclosure injuries, 135–140 polymorphisms
requiring, 21 types, 133–135 ion channels, 297
extension injury to neck, 158 fitness to interview’ and ‘fitness to and long QT syndrome, 322
extradural (epidural) haemorrhage, be charged’, 217 opiate receptors, 296, 312
152, 153 fitness to practice procedures, 25–28 Geneva Declaration (of World
heat-related, 184 flaming combustion, 181 Medical Association), 14
eye injury, see ocular injury flexion injury to neck, 158 genital (in sexual assault)
fluids, body examination, 232
analysis, 286–287 child, 251–252
F
blood mixed with or mimicked injuries, 232
fabricated illness by proxy, 252 by, 289–290 GHB (γ-hydroxybutyrate), 315,
face food, choking on, 172 318–319
appearance/features footwear, 291–292 Gilllick competence, 23–24
after death, 57, 200, 202 marks left on skin, 114, 121–122, glass, 292–293
fire victim identification, 182 292 glue-sniffing, 317
immersion in water, response to, force (use in law enforcement), 208 graze, 113–116
194–195 fractures grievous bodily harm, 106
factitious disorder by proxy, 252 child/infant, 88–98, 247, 248 gunshot injuries, 137–140; see also
faeces, 287 rib, see rib fractures firearms
falls skull, see skull gynaecological conditions, 77–79
child, 98 sternal, 158–159
from height, skull fracture, 151 freshwater drowning, 193, 194, 196
H
familial homicide, 87 frostbite, 186, 187
Family Court, 3 Frye test, 5 haematoma, 110
Fast Alcohol Screening Test haemoglobin, CO binding to, see
(FAST), 218 carboxyhaemoglobin
G
fat, body, chemical changes, 62 haemoptysis, massive, 77
fatality, see death gamma-amino butyric acid type A haemorrhage/bleeding
Federal Evidence Rule 702 on receptors (GABAA), 314 cerebral, 76
expert testimony, 5–6 receptors, 314 extradural (epidural), 152, 153, 184
female genital mutilation, 239–241 gamma-hydroxybutyrate (GHB), gastric, in hypothermia, 186
females; see also sexual assault 315, 318–319 intracranial, 151–152, 184
gynaecological conditions, 77–79 gas formation, 59, 60 retinal, 98, 101
fenethylline, 308 immersed body, 61 subarachnoid, 75–76, 152–153, 154
fentanyl, 312 gastric contents subdural, 98, 152, 153
post mortem measurements, 300 blood in, 290 subpleural, 194
338 Index

hair as drug testing matrix, 299 human immunodeficiency virus, infanticide, 83–85
hallucinogens (psychedelics) 229, 239, 307 infection
serotonin syndrome, 323 Human Rights Act 1998, 33 intravenous drug users, 307
hallucinogens, 314–315 human, identifying remains as, 203 sexually-transmitted, 229
hand guns, 134–135 humane killers, 141 ‘Inflicted Head Injury’ (IHI), 98
hand(s); see also empty hand restraint hyperextension injury (neck), 158 inhalant abuse, 317
defence injuries, 122–123 hyperflexion injury (neck), 158 injection of illicit drugs, 307
strangulation using, 168–169 hypersensitivity reactions, drug, 297 injuries (trauma)
handcuffs, 209–210 hypertensive heart disease, 71 ballistic, 133–147
hanging, 162, 170–171, 172 hyperthermia, 180 body response to, 106–107
harm reduction with drugs, 307, hypertrophic cardiomyopathy, 73 cold, see hypothermia
308, 318 hypnotics, 314 documentation, 127–130
head injuries, 149–156 hypostasis, post mortem, 56–58 electrical, see electrical trauma
child/infant, 88–98, 248 hypothermia, 185–187 from force or restraint, 209–214
Health & Care Professions Council cold water, 185–187, 193, 196 head, 149–156
(HCPC), 15–16 heat, 177–185
heart; see also arrhythmias immersed body, artefactual, 193
I
disease/disorders, 69–73 law, 105–106
drowning and, 192 ICD (International Statistical non-accidental, see non-accidental
stimulant-related, 309 Classification of Diseases injury
reflex cardiac arrest, 167 and Related Health non-fatal violence-related injury,
heat injury, 177–185 Problems), 37–38 106–107
height determination from IDENT1, 291 post mortem, 63–64
decomposed/skeletalised identification (of the dead or living), regional, 149–160
remains, 203 198–205 infants and children, 83–103, 151
helmets, motorcycles, 265 dental, 122, 199–201 self-inflicted, 124–126
Henssge’s nomogram, 64, 65 fingerprints, 201, 290–291 in sexual assault, 237
hepatic, see liver fire victims, 182 subarachnoid haemorrhage due
hepatitis, viral, 229, 307 infant (dead) and mother, 85 to, 75, 152–153
hERG potassium channel, 297, 322, methods, 198–202 survival after, 123–124
323 criteria, 198–199 terminology, 105
heroin, 297, 298, 299, 307, 312–313 DNA profiling, 199 transportation, 257–268
adulterants, 313 morphological characteristics, types of, 108–123
hesitation’ or ‘tentative’ 201–202 inquest, 43, 44
injuries, 124 tattoos and body piercings, 202 insects (and entomology),
‘hickey’ bites, 111 idiosyncratic drug reactions, 297 decomposition, predation
hide and die syndrome, 186–187 imaging (radiology), post mortem, and, 60, 63, 67–68
High Court, 3–4 44, 48–49 insulin poisoning, 323–324
Appeal against Fitness to Practice fire victims, 182 interactions, drug, 297
decision, 26–28 immersion (in water), 60–2, 191–196; interim orders tribunal, 26
Hippocratic Oath, 13, 14 see also drowning International Committee of the Red
HIV, 229, 239, 307 diagnosis, 191, 193–194 Cross, 271, 272
homicide (incl. murder), 40–42 evidence of, 191–192 international dimensions
domestic violence-related, 41–42 hypothermia, 185–187, 193, 196 legal systems, 1
familial, 87 torture, 126 medical ethics, 14, 15, 16
fire, 184–185 immersion and, 60–62 International Statistical
firearms, 142 impact rounds, 211–213 Classification of Diseases
global data impact spatter (blood), 288–289 and Related Health
by age, 40, 41 incised wounds, 118 Problems (ICD), 37–38
by gender, 40–41 self-inflicted, 125 interpersonal violence, 40–42
incidence, global, 40 infant(s); see also child abuse intervertebral disc injury, 158
infant, 83–85 deaths, 83–85 intestine (bowel)
mechanism, 42 non-accidental, 83–85, 249, 250 infant injuries, 100–101
as public health problem, 41 skull fractures, 88–98, 151 infarction, 77
homologous transplantation, 33 newborn, see neonates intimate examination, guidance, 14
Index 339

intimate partner violence, 230 injuries, 105–106 MCPP (meta-chlorophenylpiperazine),


intracranial haemorrhage, 151–152 sexual offences, 230 317–318
heat-related, 184 systems, 1–4 MDMA (3,4-methylenedioxy­
intracranial vascular lesion, 75–76 international comparisons, 1 methamphetamine),
intrauterine death, 83, 84 lead, 329 315, 317
intravenous drug misuse, 307 legal highs, 316, 317–318 mechanical asphyxia, 162, 166–172
investigations (fitness to practise legal issues, see law Medical Act 1983, 25
procedures), 25–26 lethal dose (LD) and LD50, 295 Medical Examiners (Medical
ion channels Leuco-malachite Green (LMG) test, Reviewers in Scotland) in
cardiac/myocardial, drug 286–287 England & Wales, 37
reactions and, 297 levamisole as drug adulterant, medicinal poisons, 321–324
stimulants, 312 313, 317 Mee’s lines, 325
genetic disorders Lichtenburg figure, 189 men, see males
(channelopathies), 73 ligature strangulation, 168–169 Mental Capacity Act 2005, 43
genetic polymorphisms, see lightning deaths, 189 mental capacity, see capacity
genetic polymorphisms lip injury, infant, 100, 101 meow, see mephedrone
irritant sprays, 211 lithium, 322–323 mephedrone, 318
exposure to, 212 live donation, 33–34 mesenteric injury, 159
ischaemic (coronary) heart disease, liver mesenteric thrombosis and
69–71 as drug testing matrix, 299 embolism, 77
Istanbul protocol, 127, 271–274 injury, 159, 160 meta-chlorophenylpiperazine
infant, 101 (MCPP), 317–318
lividity, post mortem, 56–58 methadrone, 318
J
Locard’s exchange principle, 276 methamphetamine, 309–310
judicial hanging, 171 long QT syndrome, 322 methanol, 329–330
jury, inquest, 44, 45 ‘love’ bites, 110, 111 3,4-methylenedioxymethamphet-
JWH-018 (Spice), 316–317 low copy number DNA amine (MDMA), 315, 317
analysis, 285 methylone, 318
low-template DNA analysis, 285 midwives, code of conduct/
K
luminol, 290 performance/ ethics, 15
Kastle–Meyer (K-M) test, 286 Lund and Browder chart, 178, 179 minimally conscious state, 31–32
ketamine, 315, 318 lung flotation test in Minnesota protocol, 49–52
khat, 309 infanticide, 84 mistakes, medicolegal, 47
kicking, 120–122, 292 lungs misting, 289
kidney in drowning, 194 mitochondrial DNA analysis, 285
injury, 159 injury, 159 mitragynine (‘Kratom’), 318
transplant, live donor, 33–34 tuberculosis, 77 morphine poisoning, neonatal
Kinetic Energy Devices (KED), 141 breastfeeding, 300
knife wounds, 118, 119, 120, 121, morphological characteristics,
M
122–123 201–202
maggots, 67 mortality, see death
Magistrates’ Court, 3–4 mortuary, 46
L
major disasters, see mass disasters mother of dead baby, identification,
lacerations, 105, 116–118 males 85; see also maternal
scalp, 149 sexual assault of, examination, 232 deaths
larvae, insect, 67 suicide by hanging, 171 motorcycle injuries, 265–266
law manual strangulation, 168–169 mouth injury, infant, 100, 101
disclosure required by, 19–21 marijuana, 316–317 multiple deaths, see mass disasters
drugs and the, 307 marine fatalities, see sea mummification, 62–63
criminal, 1–3 mass disasters, 202–204 Munchausen syndrome by
civil, 3–4 doctors and, 145–147 proxy, 252
doctors/healthcare professionals maternal deaths, 78–79; see also murder, see homicide
and, 4–7 mother muscles, cardiac, see myocardium
enforcement, force and restraint m-chlorophenylpiperazine (MCPP), mutations, see genetic
in, 208–214 317–318 polymorphisms
340 Index

mycology, 68 opiates and opioids, 312–314 petechiae, 110


myocardium receptors, 296, 312 asphyxia, 164
infarction, 69–70 mutations, 295, 314 Phadebas test, 287
ion channels, see ion channels oral injury, infant, 100, 101 phencyclidine, 315, 316
primary disease, 72–73 orbital fractures, 151 photography, forensic, 128–130
senile degeneration, 72 organs/viscera bite-mark, 129–130
injury, 159–160 medicolegal autopsies, 48
infants, 100–101 patterned injury, 129
N
punching, 120 suspicious deaths, 48
National Confidential Enquiry into stamping, 121–122 physical examination, see
Patient Outcome and transplantation, 33–35 examination
Death (NCEPOD), 48 physicians, see doctors
National DNA database, 285–286 piercings, body, 202
P
National Violence Surveillance pink hypostasis, 57
Network, 106 P450 enzymes, 297, 300 piperazines, 317
natural causes of sudden death, 69–81 paint, 293 as adulterants, 313, 317
neck arsenic in, 325 pistol, 134, 135
hold and restraint, 209 lead in, 329 plaque, atheromatous, 70
injury, 156–157 palynology, forensic, 68 plastic bags/containers for
pressure causing asphyxia, 162, pancreatic trauma, 159, 160 evidence, 278
166–172 papillary muscle infarction and plastic rounds, 211–213
necropsy, see autopsy rupture, 70 pledges, 14
neglect, child, 245, 252 pathologist, forensic pleural fluid accumulation in
neonates (newborns) best practice, 47 drowning, 194
breastfeeding and morphine quality assurance, 52 pneumothorax, traumatic, 158
poisoning, 300 patient poisoning, see toxicology
maturity estimation, 85 capacity of, see capacity Police & Criminal Evidence Act 1984,
nerve injury with handcuffs, 210 confidentiality, 10, 15, 17, 19 217
neurological disease, asphyxia, 174, consent, 10, 19 police custodial healthcare
175 disclosure to protect the, 21 deaths and harm in, 218–222,
neuropathological examination of duty of physician to, 15 224–225
brain, 81 Paultauf’s spots, 194 prevention, 225–227
neuropathy, handcuff, 210 PAVA (pelargonic acid vanillylamide) health problems of detainees,
newborns, see neonates spray, 211 217–218
non-accidental injury pedal cycle injuries, 266 principles of care, 217
of children/infants, see child abuse pedestrian injuries, 261–263 risk assessment, 218, 221–222
to self, 124–125 penalties incl. sentences (criminal risk identificaiton, 218
nurses, code of conduct/ offence), 1, 3 torture, identification in, 223–224
performance/ ethics, 14–16 deliberate injury to another, pollen, 292
Nursing and Midwifery Council, 15 105, 106 polymerase chain reaction (PCR), 281
drug misuse, 310 positional asphyxia, 174, 175
infanticide, 84 positional torture, 126
O
penetrating injury post mortem examination, see
oath abdomen, 160 autopsy
Hippocratic, 13, 14 brain, 155 post mortem hypostasis, 56–58
taking the, 8, 9 chest, 158, 159 post mortem interval, see time of
ocular injury neck, 156–157 death
infant, 99–100 sharp objects, see sharp-force postural asphyxia, 174
odontology, 199–201 injury potassium channel, hERG, 297, 323
oedema, cerebral, 154 penetrative sexual offence, 232 powder burns/tattooing, 138, 139
Offences against the Person child, 245, 251–252 precedent, doctrine of, 2
Act (1861) and definition, 230 predation by animals incl. insects, 60,
amendments, 106 peritonitis, 77, 160 63–64, 67–68
ophthalmological injury, see ocular persistent vegetative state, pregnancy-related deaths, 77–79
injury 32–33 preliminary impairment tests, 261
Index 341

pressure, see compression resuscitation, 30–31 sexual assault, 229–239


professional colleagues, duty of retinal haemorrhage, 98, 101 care after, 239
physician to, 15 revolvers, 134 child, 102–103, 244, 251–252
professional witness, 4 rib fractures, 158–159 definitions, 230
statement, 11 infants, 88, 100 documentation, 232–236
promises, 14 rifle, 134 drug-facilitated, 318–319
proof (standards of) in criminal law, air, 133 examination, 229–230, 230–232
2–3 rifled firearms, 134–135; see also law, 230
protection, child, 244, 252–253 bullets medical findings after, 236–239
psychedelics, see hallucinogens cartridges, 135 nurse examiners, 14
Psychoactive Substances Act 2016, wounds, 137–140 samples, 232–236, 239
317, 318 rigidity, cadaveric, 56 Sexual Offences Act 2003, 106, 230
psychological evaluation in age rigor mortis, 55–56 sexually-transmitted infection, 229
determination, 204 road traffic accidents, 261–266; Shaken Baby syndrome (SBS), 98
public interest, disclose in, 21 see also driving sharp-force injury, 118–120; see also
pugilist attitude, 182, 184 assessment, 259–260 penetrating injury
pulmonary embolism, 76–77 rubber bullets (plastic rounds), 133, abdomen, 159
pulmonary non-vascular problems, 212–213 self-inflicted, 124
see lungs Rule 702 (Federal Evidence) on shearing effects causing axonal
pulmonary thromboembolism, expert Testimony, 5–6 injury, 155
causation, 77 Rule of Nines, 179 shoewear see footwear
punching, 120 run-over injuries, 262 short tandem repeats (STRs), 281
putrefaction, see decomposition Y chromosome (Y-STR), 285
shotgun (smooth-bore firearms),
S
133–134
Q
saliva, 287 cartridges, 134
QT interval prolongation, 322 Salvia divinorum and Salvinorin A, injuries, 135–137
quality assurance, forensic 315–316 single nucleotide
pathologist, 52 samples, evidential (and their polymorphisms, 285
Queen’s Bench, 3–4 analysis), 279–287 skeletal estimation of age in the
questioning (examination) in court, in sexual assault, 232–236, 239 living, 204
8–9, 10 scalds, 178–180 skeletal injury, see fractures
child, 179, 247 skeletalisation, 60, 63, 202, 203
scalp injuries, 149 skin; see also bruising; burns
R
scene of crime, see crime scene electrical lesions, 187, 188–189
radiological investigations, see sea, fatalities at, 268 immersion effects, 193
imaging drowning, 268 injury, child, 248
railway injuries, 266–267 seatbelts, 263, 264–265 tattoos and piercings, 202
rape, definition, 230 sedatives, 314 skull fractures, 100–102
records, see documentation seizures and convulsions infants/children, 88–98, 151
re-examination, 8, 9 in asphyxia, 165 road traffic accident, 261
reflex cardiac arrest, 167 epileptic, 79–81 slash wounds, 118–120
Registrar of deaths, 43 self-inflicted injuries, 124–126 smoke soiling, 136, 138
regulation of doctors and other semen analysis, 286–287 smooth-bore firearms, see
professionals, 25–28 senile myocardial degeneration, 72 shotgun
renal, see kidney sentences, see penalties smothering, 162, 172–173
reports, see statements and reports serotonin syndrome, 314, smouldering fire, 181
respiration, cessation of (cellular 321–322 sneezing blood, 289
death), 30 antidepressants, 314 social evaluation in age
respiratory disease, 76–77 drugs causing, 323 determination, 204
respiratory phase of asphyxia, pre stimulants, 308–309 soft furnishing fibres, 293
terminal, 165 symptoms, 322 solvents, 317
restraint (use in law enforcement), sex determination of remains, 203 somatic death, 30–31
208–214 sexual abuse, child, 87 sperm cells, 287
asphyxia, 174, 209 sexual asphyxia, 171–172 Spice (JWH-018), 316–317
342 Index

spinal injury, 157–158 fires, cyanide poisoning, 329 toxicology (poisoning), 295–330;
pedestrians, 261, 262 hypothermia, 185 see also drugs
spit guards/hoods, 214 spectrum of, 31 definitions, 296–297
splenic injury, 158 trauma, 123–124 interpretation of measurements,
stab wounds, 118–120 spinal, 157 299–300
self-inflicted, 124 suspension (torture), 273 testing matrices, 298
stamping, 111, 114, 120–122, 292 suspicious deaths trace evidence, 144, 232, 279–280,
standards of proof, see proof autopsies, 49 292–293
statements and reports, 7–8; blood patterns, 157 train injuries, 266–267
see also documentation photographs, 48, 49 tramadol, 323
content of, 10–11 swearing in (taking the oath), 8, 9 tramline bruises, 111, 113
medicolegal, preparation of, 9–10 sworn statement, 8 transplantation, 33–35
preparation, 9–10 Sydney Shark Case’ (1935), 202 transportation, 257–268
stature determination from syphilitic aneurysm, 74–75 trauma load, 107
decomposed/skeletonised trauma, see injuries
remains, 203 traumatic asphyxia, 174
T
sternal fracture, 158–159 traumatic brain injury, 32
stillbirths, 83 Tardieu spots, 164 triage, mass disasters, 145
stimulants, 308–12 Taser®, 213–214 trifluoromethylphenylpiperazine
serotonin syndrome, 308–309, 323 tattooing, 138, 139, 202 (TFMPP), 317
stomach, see entries under gastric tattoos, 202 trunk, asphyxia die to pressure on,
strangulation, 162, 167–170 teeth and associated structures, 173–174
signs of, 168 identification from, trust (doctor–patient), 17, 19
stroke (cerebrovascular 199–201 tuberculosis, pulmonary, 77
accident), 76 temperature; see also heat injury; tyre-tread bruising, 262, 263
strontium-90 hypothermia
blood, drowning, 196 body, and time of death, 57–58,
U
bone dating, 63 64–67
stud guns, 141 environmental, 57 unarmed restraint, 209
subarachnoid haemorrhage, 75–76 and rigor mortis, 56 undressing in hypothermia,
traumatic basal, 75, 152–153, 154 tetrahydrocannabinol (THC), 316 paradoxical, 186–187
subdural haemorrhage, 98, 152, 153 TFMPP (trifluoromethyl- urine, 287
subpleural haemorrhage, 194 phenylpiperazine), 317 as drug testing matrix, 298–299
substance misuse, see drugs; THC (tetrahydrocannabinol), 316
toxicology thermal injury, see heat injury;
V
sudden and unexpected death hypothermia
diagnosis, 37 thorax, see chest vagal inhibition, 167
Form B4, 92–97 thromboembolism, pulmonary, vascular disorders and lesions,
infants (SIDS), 86–87 76–77 stimulant-related,
from natural causes, 69–81 thrombosis 308–309, 311; see also
suffocation (deliberate/intentional), cerebral, 76 aneurysm
86, 172–173 mesenteric, 77 vegetative state (VS), 31–33
suicide time of death (post-mortem vehicle accidents, see driving; road
carbon monoxide inhalation, interval) traffic accidents
327–329 early, 55–59 ventricular cardiomyopathy,
fire, 185 estimation, 64–68 arrhythmogenic right, 73
firearms, 142–143 body temperature, 58–59 ventricular tachycardia
hanging, 172 tissue transplantation, 33–35 with QT interval
railway, 267 tolerance (drug), 296 prolongation, 322
suffocation, 172 opiates, 313 vertebrae, injury, 158
Supreme Court, 2 torsades des pointes, 322 vertebral artery trauma, 75, 153
survival torture, 271–274 violent crime, data on, 106
asphyxial episode, 166 identification in police custody, virtual autopsy, 49
hanging, 171 223–224 viscera, see organs/viscera
Index 343

‘vitality’ of fire victims, determination, WHO women, see females


182, 183, 184 elder abuse, 253–254 World Health Organization
vitreous humour sudden death, definition, 69 definition of sudden
alcohol, 304 Widmark formula, 303 death, 69
as drug testing matrix, 299 Willis’ circle aneurysm, 75 World Medical Association (WMA),
vulnerable adults, safeguarding, 253 Winek’s formula, 303 14, 15, 16
Wischnewsky spots, 186
withdrawal (drug), 297
W X
alcohol, 304
water opiates, 219, 313 xenografts, 35
diatoms, 196 witnesses, 4–7 X-ray radiography, fire
immersion in, see immersion attending court, 8 victims, 182
weapons tubes, 278 giving evidence, 8–9
weight, body, in time of death healthcare professionals as,
Y
estimation, 64, 66 9–11
wet submarino, 126 professional, see professional young people, see children
whiplash injury, 158 witness Y-STR, 285

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