Bill provides check on coroners
I respond to the Sunday letter, “Coroner’s office addressed concerns” from Dr. Anahi Ortiz, regarding my death-certificate-reform legislation, House Bill 146.
I introduced H. B. 146 after the Franklin County coroner’s office changed the cause of death on the death certificate of Debbie Meadows, who was killed after her car was struck by another vehicle. Originally, the cause of death was from injuries sustained in the accident, but the death certificate was later changed, listing cancer as the cause of death. The change blindsided the victim’s family and prosecutors, and led to a felony charge against the driver of the other vehicle being dropped. The driver instead was convicted of a misdemeanor for driving under the influence.
Franklin County Coroner Anahi Ortiz claims H.B. 146 isn’t needed because “Ohioans already have the right to challenge in court any change in the cause and manner of death on a death certificate.”
Ortiz is presumably referring to Ohio Revised Code Section 313.19, which states that the coroner’s decision on the cause of death “shall be the legally accepted manner and mode of death” unless a common pleas judge orders a change.
This is precisely why H.B. 146 is needed.
Current law puts the burden to challenge a death certificate change on members of a grieving family. As the June 2 Dispatch editorial “Coroner’s office under microscope” correctly noted, my legislation would put the burden on government, not families.
Our system of government is one of checks and balances, of which there needs to be more for county coroners.
The lack of transparency and oversight in current law that was first brought to light by the Meadows case is really at the heart of House Bill 146. The next of kin and, as applicable, prosecutors, should not be caught off guard by changes in the cause of death. When changes are made, there needs to be independent oversight.
Beyond criminal justicerelated issues that can arise when the cause of death is changed, there is also the potential impact on families regarding wrongful death claims or accidental death benefits through insurance policies.
The fact of the matter is most death certificates are completed and filed without a problem. But when there are changes in the cause of death on a filed death certificate, there needs to be more accountability and transparency. There needs to be checks and balances. Our government should serve Ohio families, not the other way around. That’s exactly why Ohio families deserve House Bill 146.
Rep. Larry Householder 72nd Ohio House DistrictGlenford