Legal Medicine Flashcards
Medicine applied to Law and Justice.
Legal Medicine
Burden of proof is carried by ?
The prosecution has the burden of proof.
In case of the plaintiff claiming self - defense in homicide, the respondent will rely on the weakness of the persecution’s evidence.
If the prosecution has strong enough evidence to dismiss the claim of self-defense , then it will not work as a defense.
Remember, “Innocent until proven guilty.”
Controversial healthcare circumstances where doctors do not disclose information to a patient.
Therapeutic privilege, Therapeutically using placebo.
Withholding information from research subjects is not controversial because there is informed consent in research.
Therapeutic privilege withholding of relevant health information from the patient if non-disclosure is believed to be in the best interests of the patient.
If the patient is a minor and both parents are dead, consent must be obtained from?
- Paternal Grandparents
- Maternal grandparents
- Eldest brother or Sister
( Provided he is or she is of age) - Guardians
As an ______, the doctor is only allowed to testify as to what is perceived by his senses. He needed not to be skilled on the field he is testifying.
Ordinary witness
As an _______, the physician is allowed to give his conclusion or inference regarding the facts presented to him.
Expert Witness
In court, allowed to state the facts which come to his **own perception **
Ordinary Witness
Questions in court a physician is expected to answer as an expert witness in case involving guns.
- Is the gunshot wound fatal
- Are you familiar with ballistics
- Can you tell the direction of the gunshot fired
Expert witnesses are expected to answer these questions , however , only those answers and opinions that are based on their expertise are admissible as evidence.
In a case of suffered leak of the common bile duct post-op from a laparoscopic cholecystectomy, the complainant needs to establish the standard of care through the testimony of which specialist?
Laparoscopic surgeon
Components of Expert’s report
- Reference to any literature relied on to support the option
- The experts qualification
- Material facts and assumptions from which the report is based.
In a case of suffered leak of the common bile duct post-op from a laparoscopic cholecystectomy.
Requisite for the admissibility of expert testimony for the case above.
- Laparoscopic surgeon
- Expert witness must be a similarly trained and experienced physician
A physician called by the government to act as an expert witness or amicus curae.
Duty to the community in the administration office
In court, allowed to give his inference , deduction, conclusion, or opinion from the facts presented to him.
Expert Witness
Communication which is not actionable even if its author acted in bad faith.
Absolute Privileged Communication
Conditions which would not be actionable **unless made with malice or bad faith. **
Conditional or Qualified Privileged Communication
Corroborative evidence are?
Conditions of facts and information that backs up someone’s story.
Eg. Suspect was seen running away from the crime scene
Mere repetition of what one has heard others say.
Hearsay Evidence
Made by a person at the point of death, and is conscious of his approaching dissolution, in reference to manner in which he receives the injuries of which he is dying.
Dying declaration
Contempt of court committed in the **presence of or so near the judge ** as to obstruct him in the administration of justice.
Direct Contempt
Contempt of court which consists of willful disobedience of the lawful process or order of the court. This type of contempt is committed outside the court.
Indirect Contempt
Evidence perceived by the senses.
Autoptic or Real Evidence
Physical evidence that proves the crime existed.
Corpus Delicti
Physical evidence that links the suspect to the crime.
Associative Evidence
Physical evidence that may assist the investigators in **locating **the suspect.
Tracing Evidence
