A Canadian health-law expert says police should investigate a dialysis patient's death, but authorities in Alberta seem confused over who can make that decision.

"It's beyond obvious that someone was negligent, maybe even criminally negligent," said Amir Attaran, an associate professor in the University of Ottawa's Faculty of Law with a specialization in population health.

The water used to clean the blood of four dialysis patients at the Royal Alexandra Hospital was contaminated with powerful cleaning agents on Friday.

'I would think that the Edmonton police should be looking into this'- Amir Attaran, University of Ottawa

Alberta Health Services admitted a contract worker from Atek Water Systems mistakenly opened the wrong valve and flushed the chemicals into four dialysis machines hooked up to individual patients.

Three of those patients remain in stable condition in hospital. A fourth, a man whose identity has not been released, died two days after the mistake.

Negligence is considered criminal if it could cause bodily harm or death. Alberta Health Services admits the worker made an error, but has not directly linked the patient's death with the chemicals.

Attaran said the involvement of the contract worker in this case muddies the path to establishing responsibility.

"Is it the hospital to blame, the contractor, is the individual who did it to blame? Is it all of them to some extent? This is where you would want the police to investigate," he said.

"So I would think that the Edmonton police should be looking into this."

The public bodies tasked with discovering exactly what happened appear to disagree on whose responsibility it would be to call police for help.

Medical examiner has jurisdiction, EPS says

"The provincial medical examiner has jurisdiction in relation to this unfortunate incident," said EPS spokesperson Noreen Remtulla, who confirmed police are not investigating.

"They [the medical examiner] will determine cause of death and manner of death. If there is any indication of a criminal act, they will advise the police of jurisdiction."

The medical examiner's office reports to newly sworn Alberta Solicitor General Kathleen Ganley. According to a spokesperson she "does not direct police investigations," and reminds that "anyone who has knowledge that a crime has occurred is encouraged to call police so they can determine whether they will investigate."

Sources tell CBC that medical staff working at the Royal Alexandra Hospital are conducting an internal investigation into what happened, with preliminary results expected within days. The medical examiner's office has also begun its own independent investigation.

Both investigations will proceed without the findings of an autopsy. The medical examiner's office said that decision was made based on the family's wish that an autopsy not be done.

The website for office of Alberta Justice and Solicitor-General states explicitly the medical examiner may conduct an autopsy if there is "reasonable doubt about the cause and manner of death," and that such a procedure "doesn't require the permission of the deceased's next of kin."

Alberta's Fatality Inquiries Act explains in section 20 that the chief medical examiner may at any time authorize an autopsy of the body of any person who died under certain circumstances, including "deaths that occur unexplainedly," or "deaths that occur as the result of violence, accident or suicide" or "deaths that may have occurred as the result of improper or negligent treatment by any person."

The company that employed the contract worker, Atek Water Systems, has not responded to repeated requests for comment.

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