Conduct of doctor in court for mbbs.pptx

Seminar for forensic medicine

1. Conduct of doctor in court

2. Doctor as a witness A doctor can be both a common and expert witness. When he describes about a crime where he was present over the crime scene he is a common witness and when he draws inferences and opinion about the inflicting weapon and the manner of infliction, etc., he is an expert witness. As per Section 45 of Indian Evidence Act, the opinion of an expert is admissible, as opinion on a scientific fact by a person skilled in that subject is a relevant fact. However, the opinion of an expert is not binding on the court, as the expert is not a witness of facts and his evidence is of an advisory nature. He needs to put all the material facts before the court and the reasons on which he concludes the opinion, so that the court can make his own judgement. Medical evidence is only corroborative evidence. It is of little value when there is a conflict of opinion between experts. In that case, Courts usually accept the opinion which is not in conflict with the direct evidence. But if direct evidence is not trustworthy, conviction may rely on medical evidence, if it is trustworthy.

3. Duties of a doctor in witness box After getting summons a doctor must attend the court punctually. As a rule his evidence is taken at the appointed time.

4. The following rules help a doctor in the witness box. Be well prepared with the details of your evidence before entering the box; anticipate certain likely questions on it and be prepared to answer these in advance. It may be necessary to study the literature on the subject about which he is likely to be cross-examined. Take all records, and relevant reports that may have to be quoted in the box, e.g., original notes, autopsy report, photographs, X-rays, toxicology and blood grouping reports, copy of the death certificate, drawings or diagrams, special reports on swabs or smears, serology and various receipts to prove the chain of custody of the items of evidence. The photographs are useful in the Court: (a) to refresh memory of the findings, (b) to establish the identity of the deceased, (c) to explain the findings conveniently, and (d) to provide true-to-life picture of the investigative findings. The records should be in chronological order, and the doctor should have full knowledge of the contents of his file.

5. Be well dressed, modest and always in time. Do not excess the case with anyone in the court except the lawyer by whom you where asked to testify. Stand up straight Be relaxed and calm Not frightened or nervous

6. Never attempt to memorize. The law allows refreshing your memory from copies of report already submitted or from the case notes and similar records made at the time of examination. Speak slowly, distinctly and audibly so that the judge can record your evidence. Look people in the eye when you speak, for it gives the impression of honesty. Use simple language, avoiding technical or medical terms to the best of your ability. Avoid superlatives and exaggerations.

7. Speak with assurance. Be confident but not overconfident or arrogant. Address the judge by his proper title as “sir” or “your honor ”. Be polite, pleasant and courteous to the lawyer. Don’t underestimate the medical knowledge of the layers.

8. Avoid difference between your record and your testimony. Don’t avoid a question. Say “I don’t know”, if it is so. For no one can be expected to know everything. Don’t lose your temper. An angry witness is often a poor witness. Defence lawyer may irritate the witness by questions. Remain calm and disagree firmly and repeatedly if you don’t agree. If you believe that the question is unfair look at your lawyer before answering. If he fails to object, turn to judge and ask whether you should answer this question.

9. Retain independence of your mind. A biased expert is a useless expert. So remain unbiased, truthful and honest. Listen carefully to the questions. Do not hesitate to ask questions to be repeated, if you do not understand it. Avoid long discussions. Answer should be brief and precise.

10. Consider all aspects of the question before answering it. Watch double questions. The answer to each part of the question may be different. Don’t over emphasize replies to questions from cross-examining lawyer. Don’t refuse to answer any questions because ‘ A medical witness has no professional privilege.

11. Say “in my opinion” don’t use phrases like “ I think or I imagine “. Be prepared to give reasons for your opinion if asked. Don’t be drawn outside your particular field of competence. Avoid speaking on a subject in which you have little or no practical experience.

12. Avoid any insulting remarks, when asked to comment upon the competence of a colleague. Say no comment if you don’t wish to make any statements. Don’t volunteer any information beyond that is asked in the question. ( the answer should be limited to the expert's knowledge. Volunteered information is often not well prepared and liable for cross examination. As an expert witness, a medical practitioner may volunteer a statement, if he feels that there will be injustice if he fails to make the statement.

13. Thank you