Golden rules of medical evidenceAtkinson, Stanley B. (Stanley Bean)
Science
Golden rules of medical evidence
Atkinson, Stanley B. (Stanley Bean)
Medical jurisprudence
Where the deceased was “brought in dead,” the usual fees may be
claimed by medical officers of institutions.
Travelling expenses seldom can be due to medical witnesses at
inquests.
In =criminal cases= the Treasury may send down recognized experts.
_Fees_: For giving medical evidence after inspecting the body: ONE
GUINEA.
For giving evidence after performing a necropsy in accordance with
the Coroner’s order (or upon direction of the majority of the jury):
TWO GUINEAS.
_Fine_: FIVE POUNDS is the penalty for disobeying the Coroner’s
instructions.
=2. CRIMINAL PROCEEDINGS.=
(_Vide_ Home Office Order as to allowances for professional evidence
in criminal prosecutions, 1903.)
For common skilled witnesses in petty sessional and police courts, at
quarter sessions, and at the assizes, certain maximum =allowances=
are specified; it is left to the Clerk of the Court to decide the
actual fee in each case.
For =expert= testimony or highly skilled evidence the fee rests with
the Court or the Treasury.
For attending to give professional evidence =in the town= or place
where the witness resides or practises: If the witness
1. Attends to give evidence in one case only, not more than =one
guinea= per diem, even if a disagreeable examination has been
necessary in order to qualify as a witness.
2. Gives evidence on the same day in two or more separate and
distinct cases, not more than =two guineas=.
For attending =elsewhere= than in any town or place where the witness
resides or practises, whether in one or more cases, not more than
=two guineas= per diem. “Place” here means the area within a radius
of three miles from the Court.
No full-day allowance shall be paid unless the witness is necessarily
detained away from his home for =at least four hours= for the purpose
of giving evidence, otherwise he shall receive not more than one-half
of the full-day allowance.
The fare actually paid is usually allowed to a witness as travelling
expenses.
A medical witness, while staying within the precincts of the Court,
may be ordered to assist with his professional services.
In case of dispute, the Home Secretary, Whitehall, S.W., should be
applied to forthwith.
=3. CIVIL ACTIONS.=
If your services are required by =one party= to a suit, it is for you
to arrange terms; the solicitor is not himself liable. =A guinea=
per diem usually is regarded as the minimum fee; travelling expenses
(which should be paid in cash previous to the journey) are additional.
You can =demand= payment (in Court) before you consent to be “sworn”
as a witness; having been “sworn” you are bound to give your
evidence.
III. SOME LIMITATIONS TO MEDICO-LEGAL EVIDENCE.
=1. IMPOSED BY RULES OF EVIDENCE.=
A medical witness, =as such=, cannot give evidence which will
influence the Court to show
1. That a woman is past the age for procreating and bearing children.
Public-domain text, read in full here on John Shaqi.
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