Procurator Fiscal Cases
Trusts must ensure that they report to the Procurator Fiscal any deaths where a complaint has been received about the medical treatment given to the patient21.
While there is no legal reason why the complaints procedure should be suspended because of the possibility of a Fatal Accident Inquiry (FAI) being held, this may be the best course of action as report prepared in connection with an investigation of a complaint can be called for at the FAI. In these cases, the suspension of the complaints procedure should be considered by the Chief Executive. If in doubt about whether to proceed with the investigation, the Trust should seek advice from the Procurator Fiscal's Office. It may be appropriate to recommence the complaints procedure after the completion of the FAI to consider any matters not dealt with by it.
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