Opinion
No. 36901
Decided November 29, 1961.
Mandamus — Writ refused — Clear legal right thereto not shown — Coroner — Correction or amendment of death certificate — Statutory remedy available.
APPEAL from the Court of Appeals for Montgomery County.
This action in mandamus was instituted in the Court of Appeals to require the respondent coroner to delete from a supplementary death certificate filed with the Department of Health, Division of Vital Statistics, the word, "suicide," describing the cause of death, and the words, "self-inflicted gunshot wound to the chest," describing how the injury occurred. The cause was submitted on the petition and an agreed statement of facts.
Relatrix is the widow of the decedent named in the death certificate and, as sole beneficiary of an insurance policy on the life of her deceased husband, has pending in a federal District Court an action against the insurer, seeking judgment for the amount claimed due on the policy obligating the insurer to pay double indemnity in case of accidental death.
The coroner did not conduct an inquest but did, after an investigation, file with the Department of Health a death certificate on a form provided by the department, on line 18 of which certificate "cause of death" was listed as: "(a) Immediate cause — Exsanguination. (b) Due to laceration of the heart. (c) Gunshot wound of the chest." On line 20a of the certificate as to how death occurred, whether by accident, suicide or homicide, appeared the word, "deferred." Line 20b, "Describe how injury occurred," was left blank.
Thereafter the coroner filed a supplementary death certificate, in which is recorded under part II as cause of death, "suicide," and as a description of how injury occurred, "self-inflicted gunshot wound to the chest." Relatrix made a demand of the coroner to delete from the supplementary certificate the above-quoted words. The coroner refused to comply with the request, and this action was brought.
The Court of Appeals granted the relief requested.
An appeal as of right brings the cause to this court for review.
Mr. Jack H. Patricoff, Messrs. Kusworm Kusworm and Mr. Jacob A. Myers, for appellee.
Mr. Paul R. Young, prosecuting attorney, Mr. Charles A. Anderson, Mr. Mark McElroy, attorney general, and Mr. Richard F. Swope, for appellants.
Section 3705.02, Revised Code, provides that the Director of Health shall prescribe and furnish the necessary forms and blanks for obtaining registration of vital statistics. Section 3705.26, Revised Code, as in effect on the date of decedent's death, provided that the certificate of death shall contain information required by the Bureau of Census and such additional items and information as the Public Health Council by regulation may prescribe. Section 3705.27, Revised Code, provides that the death certificate shall be made and signed by the attending physician or by the coroner. Section 3705.04, Revised Code, provides a method for correcting mistakes in a death certificate.
The coroner acted as required by law by submitting a death certificate containing information required by the Public Health Council. There is no clear legal duty imposed on the coroner to delete information required by statute or to change an opinion expressed by him in the death certificate required by statute.
The burden is on relatrix to show a clear legal right to the writ of mandamus. This she has failed to do.
The judgment of the Court of Appeals is reversed.
Judgment reversed.
ZIMMERMAN, acting C.J., RADCLIFF, TAFT, MATTHIAS, BELL, HERBERT and O'NEILL, JJ., concur.
ZIMMERMAN, J., sitting in the place and stead of WEYGANDT, C.J.
RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of ZIMMERMAN, J.