both can be used 1st means now it's no use to give the patient any medicine, bcz he died minutes ago. 2nd means always it's no use crying over the spilt milk. it's no use talking to him, he never listens to advice.

Both are correct. The second is more used than the first one though. It probably also depends what type of English you're speaking since certain places speak English differently. American English(what I speak) is slightly different from British English is slightly different from Australian English, etc.

2 is more correct. 1 is grammatically correct, however, not used in everyday language.