presentation1-180114082033 2(1)(1).pdfhi

Duties of doctor

1. Conduct and Duties of a
Doctor in the Witness box
-Akil
Roll No 12

2. Situation of a Doctor
After getting summons a doctor must attend
the court punctually.
As a rule his evidence is taken at the
appointed time.

3. Duties of the Doctor in the Witness Box
Be well prepared with the details of your
evidence before entering the box.
Take all records & relevant reports that may
have to be quoted in the box. (original notes,
autopsy reports, X rays, photographs, copy of death
certificate, special reports on swabs and smears etc.)

4. Duties of the Doctor in the Witness Box
Be well dressed, modest & always in time.
Do not discuss the case with anyone in the
court except the lawyer by whom you where
asked to testify.
Stand up straight.
Be relaxed & calm.
Not frightened or nervous.

5. Duties of the Doctor in the Witness Box
Never attempt to memorize. The law allows
refreshing your memory from copies of reports
already submitted or from the case notes and
similar records made at the time of
examination.

6. Duties of the Doctor in the Witness Box
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
termsto the best of your ability.
Avoid superlatives and exaggerations.
most agonizing pain, very large bruise, frightful injury…

7. Duties of the Doctor in the Witness Box
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 lawyers.
Don’t underestimate the medical knowledge of the
lawyers.

8. Duties of the Doctor in the Witness Box
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.

9. Duties of the Doctor in the Witness Box
Defence lawyer may irritate the Witness by unfair
questions. Remain calm & disagree firmly &
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 & ask whether you should
answer this question.

10. Duties of the Doctor in the Witness Box
Retain independence of your mind.
A biased expert is a useless expert. So remain
unbiased, truthful & honest.
Listen carefully to the questions. Do not hesitate
to ask the question to be repeated, if you do not
understand it.
Avoid long discussions. Answer should be brief &
precise.

11. Duties of the Doctor in the Witness Box
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 overemphasize replies to questions from
cross –examining lawyers.
Don’t refuse to answer any questions bcz……... A
medical witness has no professional privilege.

12. Duties of the Doctor in the Witness Box
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.

13. Duties of the Doctor in the Witness Box
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
statement.
Don’t volunteer any information beyond that is
asked for in the question.(The ans should also be limited to
the expert’s knowledge. Volunteered information is often not well
prepared & is liable to 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.)

14. Thank you