Golden rules of medical evidenceAtkinson, Stanley B. (Stanley Bean)
Science
Golden rules of medical evidence
Atkinson, Stanley B. (Stanley Bean)
Medical jurisprudence
=Refresh the memory= from your clinical or other notes just before
giving evidence rather than when in the witness box.
Any =notes read in the witness box= are open to the inspection of the
Court. They must have been made by you at the time of the event in
question, or immediately thereafter.
All clinical notes and personal memoranda should be destroyed upon
the death of a medical practitioner, who should see that his Will
contains such a direction.
MEDICO-LEGAL EXAMINATION OF THE LIVING, THE DYING, AND THE DEAD.
“The best memory is a record =made at the time=.”
=Make a note on the spot= as to the person examined, the place, the
date, and hour of the commencement of the examination. Daylight
should be chosen.
If possible, choose a time such that you can complete the enquiry at
one sitting, as it may be final.
Where criminal charges may arise, =associate the police= (and, when
necessary, the relieving officer) with the case at once. If called
by a police-constable, do not fail to note down his number (from his
collar).
=Decline= to perform technical processes which are probably beyond
your skill: thus the Coroner will usually secure the permission of
the County Council for analyses in suspected poison cases.
=Exclude lawyers and curious laymen=, but invite another medical man,
especially if your own previous actions may be in question.
Whatever you discover must be =kept secret= until you give evidence
in court. As a matter of courtesy, the Coroner may be informed
privately, before the inquest is held, of any unexpected or grave
results; do not, however, inform press men.
MEDICAL EXAMINATION OF THE LIVING AND OF THE DYING, FOR THE PURPOSE
OF EVIDENCE.
All persons examined physically =must be informed= of, and =consent=
to, the purpose and possible legal consequences.
Never take directions from a third person (e.g., police, magistrate,
employer).
If a =further examination= may be necessary (e.g., under an
anæsthetic), that fact should be stated.
=Witnesses= should be present, especially in the case of the
examination of females.
=Do not send written certificates= to third persons as to the result
of the examination, unless (1) In an open envelope, having read the
certificate to the patient who takes it to its destination; (2) After
having received the written consent of the patient so to do.
The payment of the fee by a third person does not absolve from the
rule of professional secrecy.
The symptoms and =feelings of a patient= are sometimes admitted as
(hearsay) testimony from a medical witness, especially where the
former is dead. =Letters= from a patient to a medical man containing
such statements are not allowed.
Public-domain text, read in full here on John Shaqi.
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