Thursday, 20 September 2012

Emedinews:Insights on Medicolegal Issues:Doctor & law



Doctor is neither a detective nor a curtain between injured/sick alleged criminal and police or judiciary.
  • The primary and absolutely transparent duty of a doctor/hospital is to provide medical services to sick and injured patient may be an alleged criminal, to save his health/limb and life without any discrimination.
  • When the medical care records are required for judicial/police investigation, the records becomes medicolegal in nature and the same may be required to be testified under oath in the court of law by the treating doctor.
  • The doctor should acquire the habit of making a careful note of all the facts observed by him with exact time and date.
  • The doctor should examine the facts which come to his knowledge in his special capacity as a medical man, draw his conclusions logically and correctly after a detailed consideration of the pros and cons of the case, and elaborate in the Court that interpretation, along with the medical grounds on which it is based.
  • Presumption is not proof, and conjecture is not evidence. The Court has no special medical knowledge. It relies on medical witness for an opinion and expects him to assist it with his special knowledge and experience in perusal of truth.
  • Presumption, assumption hypothesis, and mere conclusion on self defined interpretation are not a proof, and conjecture is not evidence.

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