Golden rules of medical evidenceAtkinson, Stanley B. (Stanley Bean)
Science
Golden rules of medical evidence
Atkinson, Stanley B. (Stanley Bean)
Medical jurisprudence
Before leaving the witness-box, =compliment= the conduct of the
police or other persons who rendered worthy “first aid” to the
deceased man.
“The best brief is a copy of the depositions.” When criminal or civil
proceedings are likely to follow an inquest, carefully read over
and correct where necessary your depositions as taken down by the
Coroner’s clerk; initial any alterations you make, then sign them as
a correct record. Never sign any statement without having perused it
previously.
You can thus readily _identify the depositions_ later, when you may
have to repeat your evidence in a higher Court where counsel will
have scrutinized minutely not only the _facts stated_ but also the
_facts as stated_: and so will be able to criticize keenly your
second version.
In criminal cases the Coroner will _bind over_ the medical witness by
recognizance to appear at the trial and give evidence; usually such
cases are taken first at the Assizes.
FOOTNOTES:
[1] Say “I solemnly, sincerely, and truly declare, and affirm, that
I will tell the truth, the whole truth, and nothing but the truth”;
_or_, raising the right hand, say: “I swear by Almighty God, as I
shall answer to God at the last day of Judgment, I will tell the
truth, the whole truth, and nothing but the truth.”
II. RULES AS TO FEES.
=No fee= can be claimed for merely =volunteered= information, given
either in Court or previously.
If you attend the Court after being _sub-pœna’d_, the fee is due,
even should =no evidence= be called for.
=Do not= sign a receipt before you have received the money.
Apart from agreement to the contrary, an assistant or _locum tenens_
must hand his fees to his principal.
Where the authorities =compel attendance= in the public interest,
definite fees are scheduled: if you appear on behalf of the prisoner,
the plaintiff, or the defendant, a =private arrangement as to fees=
(preferably in writing) must be made between the solicitor and
yourself.
=1. THE CORONER’S COURT.=
There is =no fee= allowed for the =preliminary enquiry= and report to
the Coroner; he can allow a fee only at an inquest.
No fee will be paid for an unordered anatomical _post-mortem_
examination.
=Only one= medical witness is called by the Coroner; additional
evidence may be ordered by the inquest jury.
A second fee is =not allowed= for attendance at an adjournment.
A _post-mortem_ examination must =not be conducted= by one accused on
oath of negligently causing the death in question.
No fee, for evidence or for _post-mortem_ examination, is payable
to the medical officers (even if honorary) of voluntary medical
institutions where the deceased died under the care of the officer;
his attendance may, however, be excused if he sends a certificate as
to the facts to the Court.
_No fee allowed_: Lunatic Asylum; Public Hospital or Infirmary
(including Cottage Hospitals).
_Fee usually allowed_: Prison; Parochial Infirmary.
Public-domain text, read in full here on John Shaqi.
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