FINALS Flashcards
Legal Classifications of Physical Injuries
-Slight Physical Injuries
-Less serious Physical Injuries
-Serious Physical Injuries
-Mutilation
Require medical attendance
from one to nine days, small contusions and abrasions.
Ill-treatment of another by deed without causing any injury.
Slight Physical Injuries
Require medical
attendance from ten to twenty- nine days.
Intent to insult or offend the injured person; circumstances adding ignominy.
Crime is not direct
assault.
Less Serious Physical Injuries
Require medical
attendance for more than thirty days; wounding, beating, assaulting, administering injurious substance without intent to kill.
Serious Physical Injuries
Act of looping or cutting off any part or parts of the living body. Depriving a person either totally or partially, of some essential organs for reproduction.
Mutilation
Kinds of Mutilation (Art. 262, RPC)
Intentionally depriving a person, totally or partially of some of the essential organs
for reproduction;
Intentionally depriving a person of any part or parts of the human body other than
the organs of reproduction.
unlawful and violent deprival of another of the use of a part of the body
Mayhem
Refers to the process of
examining individuals who have suffered physical injuries or been involved in incidents with legal implications.
Medic-legal Examination
Importance and Purpose of MLE
Provide objective and scientific evaluation of physical injuries, helping establish their cause, nature, and severity.
Importance and Purpose of MLE
To document and collect evidence that can be presented in court, aiding in the investigation, prosecution, and resolution of criminal cases.
Legal Framework
-Philippine Constitution
-RPC (Act No.3815)
-RCP (Rule 110-117)
-Rules on Evidence (Rule 127-130, Revised Rules of Court)
-DOH Admin orders
-Professional Regulatory Boards and Associations
Who shall conduct the examination
Qualified Medical Professional
Medico-legal examinations should be conducted by
qualified medical professionals such as:
forensic doctors or medico-legal specialists
Examination Process
-Medico-legal examinations follow a systematic process.
-Involves obtaining a detailed medical history.
-Conducting a physical examination, documenting injuries.
-Collecting forensic evidence,
and interpreting the findings.
Medico-legal examination is usually requested by law enforcement agencies,
prosecutors, or the courts.
Referral and Scheduling
Before the examination, the medico-legal expert will conduct a preliminary interview with the individual being examined or their authorized representative.
Preliminary Interview
Includes any previous medical conditions, treatments, or injuries that may be relevant to the case.
Medical History and Records
-Medico-legal expert carefully examines and documents any injuries, wounds, or signs of
trauma.
-They may also collect samples, such as blood, hair, or swabs, for further analysis and testing if necessary.
Physical Examination
This documentation serves as crucial evidence in legal proceedings.
Documentation and Photography
These tests can include toxicology screenings,
DNA analysis, or other specialized examinations to
aid in the investigation and provide scientific
evidence.
Laboratory Testing
Based on the examination findings, the medicolegal
expert prepares a detailed report that includes an objective analysis of the injuries, their possible causes, and any other relevant findings.
Report Preparation
Examination for Domestic Violence Victims
- Initial Assessment
-Consent and Confidentiality
-History Taking
-Physical Examination
-Collection of Sample
-Medical Documentation
-Psychological Assessment and Referral
-Chain of Custody
-Collaboration and Reporting
Identified by Analysis: Presence & amount of alcohol and drugs
Sample Type: Blood Sample and Urine
Identified by Analysis: Identify biological fluids (wet and dry);
foreign material; comparison with other hairs found in the body; past history of drug use.
Sample Type: Hair (Pubic,Head)
Identified by Analysis: DNA Profile
Sample Type: Buccal Swab
Identified by Analysis: Identify biological fluid like semen and
saliva - wet and dry; cellular
material; lubricant.
Sample Type: Skin Swabs
Identified by Analysis: Identify biological fluids (wet and dry);
foreign material (e.g vegetation, glass, fiber)
Sample Type: Vulva or high and low vaginal swabs
Identifies by Analysis: Identify biological fluids - semen
Sample Type: Endocervical swab, Penile Swab, Anal Swab
Identify foreign material such as skin cells, matching or broken nails
Sample Type: Fingernail
swabs, cuttings or scrapping
Fractures, bruises, lacerations, burns, gunshot wounds,
stab wounds, or signs of physical abuse.
Injuries and Traumas (MLF)
The location, pattern, extent, and age of the injuries are
documented.
Injuries and Trauma (MLF)
- Documentation of physical injuries to the genitalia
- Collection and identifying the presence of semen or
DNA evidence
Sexual Assault Cases (MLF)
Examination includes the assessment of the severity of
the injury, which may cause impairment or disability.
Impairment and Disability (MLF)
Assessment can involve evaluating physical limitations,
range of motion, sensory impairments, or cognitive
deficits.
Impairment and Disability (MLF)
- Medico-legal examinations may also involve assessing
potential medical negligence or malpractice.
Medical Negligence (MLF)
- The examiner may review medical records, investigate
the quality of care provided, and identify any deviations
from accepted medical standards.
Medical Negligence (MLF)
- Examination may focus on identifying physical injuries,
documenting signs of neglect, evaluating developmental
delays, and assessing the overall well-being of the child.
Child Abuse Cases (MLF)
Medico-legal examination is conducted by a qualified medical professional who serves as an expert witness.
Court Proceedings (Expert Witness)
Provides their professional opinion on medical matters relevant to the case.
Court Proceedings (Expert Witness)
They may testify in court, presenting their findings and
explaining their conclusions based on the examination.
Court Proceedings (Expert Witness)
The expert witness typically prepares a detailed
examination report that documents their findings,
observations, and conclusions.
Court Proceedings (Examination Report)
The report may include information about the
individual’s medical history, the examination procedure,
the injuries or medical conditions identified, and any
other relevant details.
Court Proceedings (Examination Report)
The opposing party or their
legal representative has the right to cross-examine the
expert witness.
Court Proceedings (Cross Examination)
This allows them to question the witness’s qualifications,
methodology, or the validity of their conclusions.
Court Proceedings (Cross Examination)
The purpose of cross-examination is to challenge the
expert’s opinion and potentially cast doubt on their
findings.
Court Proceedings (Cross Examination)
Examination report and any other relevant medical
evidence, such as medical records or test results, may be
presented in court as evidence.
Presentation of Evidence
The judge or jury will consider this evidence, along with
other testimonies and facts of the case, to make a
determination.
Presentation of Evidence
The judge evaluates the expert witness testimony,
examination report, and other evidence to determine the
weight and credibility of the medical opinions presented.
Judicial Evaluation
They assess the relevance and significance of the
medical findings in the context of the case.
Judicial Evaluation
When there is a significant delay between the time of the
incident and the examination, it can result in the loss of
valuable evidence, such as the healing of injuries or
degradation of biological samples.
Delayed Examination (Risk Factors)
If the evidence presented for examination is incomplete,
tampered with, or altered in any way, it can hinder the
examiner’s ability to make accurate assessments.
Incomplete or Altered Evidence (Risk Factors)
If the individuals involved in the case, such as the victim,
suspect, or witnesses, are uncooperative or have
credibility issues, it can affect the reliability of their
statements and the overall assessment.
Lack of Cooperation or Credibility
of the Parties Involved (Risk Factors)
Cases involving multiple injuries or complex medical
conditions can pose challenges in determining the cause,
nature, and timing of injuries.
Multiple Injuries or Complex
Medical Conditions (Risk Factors)
It requires a thorough understanding of medical
knowledge and expertise to differentiate between
accidental and intentional injuries.
Multiple Injuries or Complex
Medical Conditions (Risk Factors)
Any tampering or contamination of the evidence,
intentional or unintentional, can compromise the
integrity of the examination and the reliability of the
findings.
Interference with the Evidence (Risk Factors)
Inadequate documentation, incomplete medical records,
or improper record-keeping can hinder the examiner’s
ability to accurately assess and report the findings.
Lack of Documentation or Poor
Record-keeping (Risk Factors)
External pressures, such as political, social, or media
influences, can affect the impartiality and objectivity of
the examination process.
External Pressures or Influences (Risk Factors)
It is essential for examiners to maintain independence
and adhere to professional ethics.
External Pressures or Influences (Risk Factors)
Examiners who lack proper training, experience, or expertise in forensic medicine or medico-legal examinations may not be able to accurately interpret the evidence or provide reliable conclusions.
Inadequate Training or Expertise (Risk Factors)
issues can impact the examination process and the validity of
the findings.
Complexities of Legal Procedures (Risk Factors)
Cases involving traumatic incidents, violence, or sexual
assault can evoke strong emotions and psychological
distress in both the victims and the examiners.
Emotional and Psychological
Factors (Risk Factors)
These factors can influence the examination process and
the interpretation of findings.
Emotional and Psychological
Factors (Risk Factors)
