Descendant's Death Certificate Cannot Be Overstated

In any legal proceeding that involves the death of an individual, regardless of whether or not it is a health care liability claim, the importance of the information documented on the decedent's death certificate cannot be overstated. For this reason, completion and execution of these documents should not be taken lightly.

The cause of an individual's death is of paramount importance in both criminal and civil legal proceedings. In criminal proceedings the focus is whether or not the conduct of the accused killed the victim. In civil proceedings the focus is not necessarily so limited. In personal injury actions, including health care liability claims, the key issue is whether or not the conduct of the defendant(s) caused the decedent's death. Cause of death, however, is also key in insurance and workers' compensation claims. In these claims, the cause of death can determine whether or not the surviving spouse and/or children are entitled to death benefits.

The cause of death documented in the decedent's death certificate may very well be the most significant single piece of legal evidence in any dispute in which the cause of death is at issue. In fact, because of certain statutory provisions, what is documented on the death certificate might arguably be more important than what is found on autopsy. For example, under Texas law, a “death certificate certified by the state registrar is prima facie evidence of the facts stated in the record”(1). “Prima facie” evidence is evidence, if not rebutted, that is sufficient to prove a particular proposition or fact. Thus, the cause of death listed in the death certificate, if not rebutted, is sufficient to legally establish the decedent's cause of death. While the “facts” contained in the death certificate are subject to explanation and rebuttal (2), inattention to detail when completing death certificates can cause significant, unnecessary problems for those involved in future legal proceedings in which the cause of death is a central issue.

In addition to the ability to “rebut” the cause of death listed in a death certificate certified by a state registrar, litigants have other means by which they can attack the “facts” set forth in the certificate. For example, the cause of death can be challenged as “hearsay,” and the qualifications of the person who completed the certificate can be contested. Oftentimes, however, these challenges are not successful.