What is an Accidental Death?
The word accident is derived from the Latin verb accidere, signifying "fall upon, befall, happen, chance." In its most commonly accepted meaning, or in its ordinary or popular sense, the word may be defined as meaning: some sudden and unexpected event taking place without expectation, upon the instant, rather than something that continues, progresses or develops; something happening by chance; something unforeseen, unexpected, unusual, extraordinary, or phenomenal, taking place not according to the usual course of things or events, out of the range of ordinary calculations; that which exists or occurs abnormally, or an uncommon occurrence. The word may be employed as denoting a calamity, casualty, catastrophe, disaster, an undesirable or unfortunate happening; any unexpected personal injury resulting from any unlooked for mishap or occurrence; any unpleasant or unfortunate occurrence that causes injury, loss, suffering, or death; some untoward occurrence aside from the usual course of events. An event that takes place without one's foresight or expectation; an undesigned, sudden and unexpected event.
Accident is not always a precise legal term. It may be used generally in reference to various types of mishaps, or it may be given a technical meaning that applies when used in a certain statute or kind of case. Where it is used in a general sense, no particular significance can be attached to it. Where it is precisely defined, as in a statute, that definition strictly controls any decision about whether a certain event covered by that statute was in fact an accident.
In its most limited sense, the word accident is used only for events that occur without the intervention of a human being. This kind of accident also may be called an act of God. It is an event that no person caused or could have prevented—such as a tornado, a tidal wave, or an ice storm. An accident insurance policy can by its terms be limited to coverage only for this type of accident. Damage by hail to a field of wheat may be considered such an accident.
Case Studies:
The following cases were submitted to four Forensic Pathologists to rule on manner of death. See if you can determine the manner of death after reading the case information. The rulings are listed at the end of this section.
Case #1: A man with a seizure disorder following successful treatment of a brain tumor is found behind the wheel of his car which has hit a tree. His injuries are marginal as to lethality.
Possible Manners of Death: Accident, Natural, Undetermined.
Case #2: A sober driver strikes a drunk pedestrian who staggers out in front of his car.
Possible Manners of Death: Accident, Homicide, Undetermined.
Case #3: A forensic Pathologist dies of liver failure as a result of a fulminating Hepatitis B and Delta infection acquired when he was cut by a forensic assistant during an autopsy.
Possible Manners of Death: Accident, Natural, Homicide, Undetermined.
Case #4: A man with severe coronary artery disease (the end result of the accumulation of plaque within the walls of the coronary arteries that supply the myocardium - the muscle of the heart - with oxygen and nutrients) and previous resuscitation (involves physical interventions to create artificial circulation through rhythmic pressing on the patient's chest to manually pump blood through the heart, called chest compressions, and usually also involves the rescuer exhaling into the patient - or using a device to simulate this - to inflate the lungs and pass oxygen in to the blood, called artificial respiration) from ventricular fibrillation (a condition in which there is uncoordinated contraction of the cardiac muscle of the ventricles in the heart, making them tremble rather than contract properly) is found floating in the water where he had been fishing from the shore.
Possible Manners of Death: Accident, Natural, Undetermined.
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Forensic Pathologist's Rulings:
Case #1: All four Forensic Pathologists ruled the manner of death to be NATURAL.
In this case, it was hoped that most people would understand "marginal lethality" to indicate injuires were not enough to result in death of most people. The seizure disorder is therefore the immediate cause of death, and these resulted as a residua of treatment of a brain tumor.
Case #2: All four Forensic Pathologists ruled the manner of death to be ACCIDENT.
It is the convention nationally to code all traffic injury deaths as accidents unless the vehicle is used as a weapon.
Case #3: All four Forensic Pathologists ruled the manner of death to be ACCIDENT.
This is clearly an accident, since the proximate cause of death is the infecting injury (cut), unless the assistant had the intent to do harm to the doctor.
Case #4: Three Forensic Pathologists ruled ACCIDENT, one ruled NATURAL.
At most coroner/medical examiner offices it is the protocol that in the case of unwitnessed deaths where drowning is the apparent cause, co-existent natural disease may be a contributing factor but should not take priority. If such an event as cardiac dysrhythmia or seizure caused one to collapse, were the victim not in the water, they may survive; therefore, the death would be coded as accidental.
What is an Accidental Death?
The word accident is derived from the Latin verb accidere, signifying "fall upon, befall, happen, chance." In its most commonly accepted meaning, or in its ordinary or popular sense, the word may be defined as meaning: some sudden and unexpected event taking place without expectation, upon the instant, rather than something that continues, progresses or develops; something happening by chance; something unforeseen, unexpected, unusual, extraordinary, or phenomenal, taking place not according to the usual course of things or events, out of the range of ordinary calculations; that which exists or occurs abnormally, or an uncommon occurrence. The word may be employed as denoting a calamity, casualty, catastrophe, disaster, an undesirable or unfortunate happening; any unexpected personal injury resulting from any unlooked for mishap or occurrence; any unpleasant or unfortunate occurrence that causes injury, loss, suffering, or death; some untoward occurrence aside from the usual course of events. An event that takes place without one's foresight or expectation; an undesigned, sudden and unexpected event.
Accident is not always a precise legal term. It may be used generally in reference to various types of mishaps, or it may be given a technical meaning that applies when used in a certain statute or kind of case. Where it is used in a general sense, no particular significance can be attached to it. Where it is precisely defined, as in a statute, that definition strictly controls any decision about whether a certain event covered by that statute was in fact an accident.
In its most limited sense, the word accident is used only for events that occur without the intervention of a human being. This kind of accident also may be called an act of God. It is an event that no person caused or could have prevented—such as a tornado, a tidal wave, or an ice storm. An accident insurance policy can by its terms be limited to coverage only for this type of accident. Damage by hail to a field of wheat may be considered such an accident.
Case Studies:
The following cases were submitted to four Forensic Pathologists to rule on manner of death. See if you can determine the manner of death after reading the case information. The rulings are listed at the end of this section.
Case #1: A man with a seizure disorder following successful treatment of a brain tumor is found behind the wheel of his car which has hit a tree. His injuries are marginal as to lethality.
Possible Manners of Death: Accident, Natural, Undetermined.
Case #2: A sober driver strikes a drunk pedestrian who staggers out in front of his car.
Possible Manners of Death: Accident, Homicide, Undetermined.
Case #3: A forensic Pathologist dies of liver failure as a result of a fulminating Hepatitis B and Delta infection acquired when he was cut by a forensic assistant during an autopsy.
Possible Manners of Death: Accident, Natural, Homicide, Undetermined.
Case #4: A man with severe coronary artery disease (the end result of the accumulation of plaque within the walls of the coronary arteries that supply the myocardium - the muscle of the heart - with oxygen and nutrients) and previous resuscitation (involves physical interventions to create artificial circulation through rhythmic pressing on the patient's chest to manually pump blood through the heart, called chest compressions, and usually also involves the rescuer exhaling into the patient - or using a device to simulate this - to inflate the lungs and pass oxygen in to the blood, called artificial respiration) from ventricular fibrillation (a condition in which there is uncoordinated contraction of the cardiac muscle of the ventricles in the heart, making them tremble rather than contract properly) is found floating in the water where he had been fishing from the shore.
Possible Manners of Death: Accident, Natural, Undetermined.
__________________________________________________________________
Forensic Pathologist's Rulings:
Case #1: All four Forensic Pathologists ruled the manner of death to be NATURAL.
In this case, it was hoped that most people would understand "marginal lethality" to indicate injuires were not enough to result in death of most people. The seizure disorder is therefore the immediate cause of death, and these resulted as a residua of treatment of a brain tumor.
Case #2: All four Forensic Pathologists ruled the manner of death to be ACCIDENT.
It is the convention nationally to code all traffic injury deaths as accidents unless the vehicle is used as a weapon.
Case #3: All four Forensic Pathologists ruled the manner of death to be ACCIDENT.
This is clearly an accident, since the proximate cause of death is the infecting injury (cut), unless the assistant had the intent to do harm to the doctor.
Case #4: Three Forensic Pathologists ruled ACCIDENT, one ruled NATURAL.
At most coroner/medical examiner offices it is the protocol that in the case of unwitnessed deaths where drowning is the apparent cause, co-existent natural disease may be a contributing factor but should not take priority. If such an event as cardiac dysrhythmia or seizure caused one to collapse, were the victim not in the water, they may survive; therefore, the death would be coded as accidental.