Golden rules of medical evidenceAtkinson, Stanley B. (Stanley Bean)
Science
Golden rules of medical evidence
Atkinson, Stanley B. (Stanley Bean)
Medical jurisprudence
_b._ That you are unwilling to pose as able to give “expert
opinions.”
_c._ That you may possibly incriminate yourself:—
this is the stage at which you should say so.
There is now complete emancipation from “the insanitary oath.” For
the sake of public example you should decline to “kiss the Book”
unless you have brought a Testament with you. Insist on your right
either to affirm or to swear by the Scots method.[1]
AFTER BEING “SWORN.”
Whatever you say in giving evidence will not render you open to an
action for slander.
The privilege of a witness under examination is extended to a witness
making statements to a solicitor preparing his “proof.”
State your full name and address. Then say, “I am a registered
medical practitioner”; your exact qualifications are immaterial.
GIVING MEDICAL EVIDENCE.
(_Cf. Reports, p. 24._)
“There is matter in manner.” “Tell the truth, and make the truth
tell.” “Be the plainest man in the world in the witness box.”
“All trifles are not trifling.” “Pathology creates the doctor, as
distinct from the nurse.”
_The Manner._
Listen to the =whole question= before you attempt to reply: then
answer only what is asked. Make yourself understood.
Don’t assume that the jury know all about the case.
Speak audibly, slowly, deliberately, with an eye on the recording
clerk’s pen.
Say =exactly= what you mean.
Cultivate the power of expression and of repression.
Be candid, courteous, dignified, and withal good humoured; =avoid=
appearing to be suspicious.
Your =personal= disposition will count more with a jury than your
professional position; they will note looks, doubts, hesitations,
confidence, calmness, consideration, or precipitancy.
Use =simple= and popular =terms=, otherwise you may be regarded as
speaking “either oracles or jargon.” Reserve technicalities for
cross-examination. The jury will think they understand “alcoholic
disease of the ...,” “bad disorder,” “black and blue,” “black-eye,”
“blood clot,” “blood poisoning,” “bowel,” “brain fever,” “bruise,”
“buoyant lungs,” “cancer,” “consumptive spots,” “coverings of the
brain,” “death stiffening,” “great vessel of the heart,” “gullet,”
“gut,” “hardened liver,” “hardening of valves,” “inflammation or
congestion of the ...,” “overloaded with fat,” “shrunken kidneys,”
“skull-cap,” “stroke,” “swallow,” “sweet-bread,” “windpipes.”
Don’t worry about the =technical rules= of evidence; in the Coroner’s
Court they are seldom applied strictly.
Insist on answering double-barrelled questions “=Yes= AND =No=” if
necessary.
Do not argue with Counsel; “disagree without being disagreeable.” “A
large experience is not all experience,” and what you call “a rare
case” may reflect upon your limited experience.
An early “I =don’t= know” is better than a late “I =did not= know.”
If you “don’t know,” do not be trapped into guessing. Beware of
“argumentative figures.”
_The Matter._
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account