Golden rules of medical evidenceAtkinson, Stanley B. (Stanley Bean)
Science
Golden rules of medical evidence
Atkinson, Stanley B. (Stanley Bean)
Medical jurisprudence
=II. Expert witnesses concerning their Opinions.= They state the
major premiss of the syllogism, whose conclusion is found in
the verdict of the jury. All expert witnesses should be skilled
witnesses. Experts sometimes become common witnesses when examined
as to exhibits produced in court. The weakness of expert testimony
is, in practice, its _ex parte_ nature. Medical men called to give
evidence as to fact, must beware of being unconsciously drawn into
offering expert testimony.
I. PREPARING AND GIVING EVIDENCE.
=A. BEFORE ENTERING COURT.=
Notify directly to the Coroner all deaths, the certificate of the
cause of which you are unable to sign (persons found dead—whose death
was caused or hastened by accident or injury—who have died without
recent medical attendance—who, although attended by a registered
medical practitioner during the last illness, have died in such a
manner or at such a time, that the medical man is unable to assign a
cause of natural death, or for some good reason declines to certify
the cause).
Most of the cases in which you give medical evidence are those in
which you have declined to sign a certificate of the cause of death.
There are also those cases in which the relatives object to your
treatment, and those in which the registrar refers your certificate
to the Coroner.
The fact that the account for professional services rendered is
likely to be unpaid is =not= a good reason for refusing to sign a
death certificate.
=Decline to give medical certificates= to police-constables or to
solicitors’ clerks gratuitously, and without authority being shown.
Demand a formal interview by appointment during professional hours
with a responsible superior; otherwise you may receive no fees.
Volunteer no private information, and express no opinion in public,
concerning medico-legal causes with which you are not personally
concerned; otherwise you may be _sub-pœna’d_ to support your views.
If you know facts which will aid the execution of justice, give a
=hint to the police= either yourself or by a medical friend.
Give information _viva voce_ or in letters marked “private.” Never
write an unofficial opinion. “Do right, and don’t write—then fear
nothing.”
Should you receive threatening letters, demanding blackmail, or
otherwise without reasonable cause, at once put them into a good
solicitor’s hands. “Let this action be a lesson for all men to stand
boldly forward—to stand on their character—and not, by compromising
a present difficulty, to accumulate imputations on their honour.”
Associate yourself permanently with a Medical Defence Society.
Unless in self-protection, or at the request of patients, do not
appear in court without having been properly served with a formal
_sub-pœna_.
Public-domain text, read in full here on John Shaqi.
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