Golden rules of medical evidenceAtkinson, Stanley B. (Stanley Bean)
Science
Golden rules of medical evidence
Atkinson, Stanley B. (Stanley Bean)
Medical jurisprudence
1. The rule is not strictly observed in the Coroner’s Court, wherein
an enquiry, and not a trial between parties, is held.
2. Formally recorded dying declarations; the medical adviser often
hears “the last whisper of life.”
3. Spontaneous and voluntary confessions are sometimes made to
medical men.
4. Where the statement in question was part of the proceedings under
investigation, thus:
_a._ The complaints and natural expressions of a patient as to what
he feels: his words aid in deciding the course of treatment.
_b._ The natural expressions of a frightened person, who has not
had time to concoct a lie: thus after personal injuries, indecent
assault, or rape.
VI. PRECAUTIONS TO BE OBSERVED UNDER SUSPICIOUS CIRCUMSTANCES;
WHICH MAY TERMINATE IN THE CORONER’S COURT, AND NEED MEDICAL EVIDENCE.
The primary duty of a medical man is to treat every patient _as a
patient_.
=1. Chronic or slow poisoning= (including alcoholic).
_Cautions._ Try all possible preventive means before announcing the
suspicion; do not move until your ground is quite sure: otherwise an
action for defamation of character may result.
The family medical man must not be misled by the suspicions of
weak-minded or alcoholic patients; he must exclude every possibility
of an accidental origin of the symptoms. He should know the several
personalities of his patient’s families.
The symptoms may appear during medical treatment: poison being
substituted as “a lingering dram.”
If convinced, by repeated examination of the patient’s food and
excreta, by his symptoms, and by the conduct of the suspected person,
that the influence of poison is at work, let it be understood by
the patient’s friends that you are not satisfied with the progress
made: suggest the possibility of an accidental poisoning. Do not, at
present, associate any name as the culprit; suggest a consultation
with a medical friend.
Have the patient placed under the constant care of day and night
nurses, who, although being instructed to administer personally all
food and medicine, need not know at first your suspicions. If the
line of defence is circumvented, or is impossible, have the victim
removed to a nursing home, or to a hospital.
Your suspicions, without mentioning any name, should be told _viva
voce_ to the relatives of the poisoned person, to his solicitor,
or to the suspect himself. If this course is futile, the name can
be introduced in the information given to these persons, to the
patient himself, or, finally, to a magistrate, or to the police.
Should the victim die, the Coroner should be asked to order an expert
toxicological examination of the body of the deceased.
=2. Threatened suicide.=
“There is a rule of life far higher than professional etiquette—a
duty that every right-minded man owes his neighbour—to prevent the
destruction of human life.”
Public-domain text, read in full here on John Shaqi.
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