Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
As a case in point, showing the necessity for care in the use of words,
is the following from a published Paper by the late Sir R. Christison:
“Some years ago, on an important trial in the High Court of Justiciary
for assault, the public prosecutor attempted to prove that the person
assailed had been wounded to the effusion of blood; which is held in
law to be an aggravation of guilt in such cases. When the principal
medical witness was examined as to the injuries inflicted, he was asked
whether any blood had been effused; and he replied that a good deal
must have been effused. But he meant that there was effusion of blood
under the skin, constituting the contusion he had described; while the
counsel and the Court at first received his answer as implying that
there had been considerable loss of blood from a wound. The latter view
was on the point of passing to the jury as a fact, when one of the
judges detected the equivoque, and set the matter to rights.”[1]
[1] _Monthly Journal of Medical Science_, 1851.
In Scotland a medical practitioner may be called upon by the
authorities to grant reports as to dead bodies, without performing a
_post-mortem_ examination.
In the first case, where a death has occurred unaccompanied by any
suspicious circumstances, or where the evidence of suicide or death
from accidental injury is apparent from a simple examination of the
body, a certificate “on soul and conscience,” stating the probable
cause of death, is considered sufficient by the authorities, and a
_post-mortem_ is dispensed with. It is not necessary that the deceased
be seen by the medical practitioner before death, “yet, from the
suddenness of the death, the age of the deceased, and the symptoms
spoken to by the friends, he may still be enabled, satisfactorily to
himself, to certify the cause of death.” In England, such a case would
be the subject of a coroner‘s inquest.
In the second case, he may be summoned by a constable to inspect a body
found on the public road, or in any other unusual situation. In this
case he is called not only to certify the fact, but also the probable
_cause_ of death. He may, under these circumstances, give a report of
the external examination of the body, at the same time suggesting the
necessity for further and more careful examination by dissection, &c.,
and this is considered the proper course for him to take. In England,
in this case also, an inquest would be necessary. In all cases medical
men will consult their own interests in giving these Reports.
A Medical Report consists of two parts--the _Minute of the
Examination_, and the _Reasoned Opinion_ on the first portion of the
Report. In the case where the Report is made by two or more persons
appointed for the purpose, the latter portion is written in the plural,
and signed by each of the parties certifying.
The following is an outline of a Medical Report, which may be more or
less modified to suit the requirements of the case:
Public-domain text, read in full here on John Shaqi.
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