Stanley B. Atkinson

“ The science, the art, and the correct estimation of the value of Medical Evidence is the province of Forensic Medicine.
It is hoped that this little book will aid the General Practitioner when he is called upon to offer medical testimony, so that the ancient inquest jury especially may fully appreciate the bearing of the technical facts he narrates. Those who pose as “experts,” should ipso facto be themselves authorities on the matter and the manner of bearing testimony. ”

“ Every legally qualified and registered medical practitioner in actual practice in or near the place where the death in question happened, by the Coroners Act, 1887, may be summoned by the Coroner to give medical evidence as to the cause of that death. Thus medical men may be compelled to practise medical jurisprudence if called upon so to do. With the growth of knowledge and exact observation, the weight which is attached to medical evidence has increased proportionately. ”

“ The evidence of
I. Common witnesses of Facts which they have observed. They state the minor premiss of the forensic argument. Those who can describe technical matters which they have seen are skilled common witnesses: medical men usually appear in court as skilled witnesses. Job’s “I shall see for myself, and my own eyes shall behold, and not [Pg 9] another,” indicates the correct attitude of a common witness of fact.
The testimony of
II. Expert witnesses concerning their Opinions. They state the major premiss of the syllogism, whose conclusion is found in the verdict of the jury. ”

“ Whatever you say in giving evidence will not render you open to an action for slander.
The privilege of a witness under examination is extended to a witness making statements to a solicitor preparing his “proof.”
State your full name and address. Then say, “I am a registered medical practitioner”; your exact qualifications are immaterial.
Giving Medical Evidence. (Cf. Reports, p. 24.)
“There is matter in manner.” “Tell the truth, and make the truth tell.” “Be the plainest man in the world in the witness box.” “All trifles are not trifling.” ”

“ All expert witnesses should be skilled witnesses. Experts sometimes become common witnesses when examined as to exhibits produced in court. The weakness of expert testimony is, in practice, its ex parte nature. Medical men called to give evidence as to fact, must beware of being unconsciously drawn into offering expert testimony. ”

“ Notify directly to the Coroner all deaths, the certificate of the cause of which you are unable to sign (persons found dead—whose death was caused or hastened by accident or injury—who have died without recent medical attendance—who, although attended by a registered medical practitioner during the last illness, have died in such a manner or at such a time, that the medical man is unable to assign a cause of natural death, or for some good reason declines to certify the cause) . ”

“ Exclude lawyers and curious laymen, but invite another medical man, especially if your own previous actions may be in question.
Whatever you discover must be kept secret until you give evidence in court. As a matter of courtesy, the Coroner [Pg 19] may be informed privately, before the inquest is held, of any unexpected or grave results; do not, however, inform press men.
Medical Examination of the Living and of the Dying, for the Purpose of Evidence.
All persons examined physically must be informed of, and consent to, the purpose and possible legal consequences. ”

“ There is no fee allowed for the preliminary enquiry and report to the Coroner; he can allow a fee only at an inquest.
No fee will be paid for an unordered anatomical post-mortem examination.
Only one medical witness is called by the Coroner; additional evidence may be ordered by the inquest jury.
A second fee is not allowed for attendance at an adjournment.
A post-mortem examination must not be conducted by one accused on oath of negligently causing the death in question. ”

“ Do not send written certificates [Pg 20] to third persons as to the result of the examination, unless (1) In an open envelope, having read the certificate to the patient who takes it to its destination; (2) After having received the written consent of the patient so to do.
The payment of the fee by a third person does not absolve from the rule of professional secrecy.
The symptoms and feelings of a patient are sometimes admitted as (hearsay) testimony from a medical witness, especially where the former is dead. Letters from a patient to a medical man containing such statements are not allowed. ”

“ Do not employ a hammer or a chisel.
Remember that it is dangerous to attend lying-in women after making an autopsy.
If the mortuary attendant does the manual work you must watch each step.
If portions of organs are retained for subsequent examination, have the fact witnessed.
Drawing up a Medico-legal Report.
In most cases the witness must recite the report in open court.
For a complete investigation three sets of facts must be collated:
1. The details of the environment of the corpse, when and where first seen.
2. The personality and personal history [Pg 25] of the deceased. ”

“ Your suspicions, without mentioning any name, should be told viva voce to the relatives of the poisoned person, to his solicitor, or to the suspect himself. If this course is futile, the name can be introduced in the information given to these persons, to the patient himself, or, finally, to a magistrate, or to the police. Should the victim die, the Coroner should be asked to order an expert toxicological examination of the body of the deceased. ”

“ For expert testimony or highly skilled evidence the fee rests with the Court or the Treasury.
For attending to give professional evidence in the town or place where the witness resides or practises: If the witness
1. Attends to give evidence in one case only, not more than one guinea per diem, even if a disagreeable examination [Pg 43] has been necessary in order to qualify as a witness.
2. Gives evidence on the same day in two or more separate and distinct cases, not more than two guineas. ”

“ The family medical man must not be misled by the suspicions of weak-minded or alcoholic patients; he must exclude every possibility of an accidental origin of the symptoms. He should know the several personalities of his patient’s [Pg 53] families. ”

“ Retain an identical copy of the report for reference.
B. WHEN IN COURT,
Before Being “Sworn.”
All testimony given at this stage is null and void, and may render the speaker liable to an action for defamation. Do not omit to be “sworn” before speaking.
Should you wish to object to giving evidence on the grounds:
[Pg 29]
a. That your fee (for expenses and loss of time) has not been paid by the solicitor calling you.
b. That you are unwilling to pose as able to give “expert opinions.”
c. That you may possibly incriminate yourself:—
this is the stage at which you should say so. ”

“ Wherever manslaughter or murder is suspected, the Coroner will order a necropsy as a matter of course.
If the deceased’s friends charge you with negligence in treatment, you must not conduct the examination. ”

“ That a child born nine months after lawful wedlock is illegitimate.
3. That, in the absence of eye-witnesses, a newly-born dead child was live-born.
4. That in a common disaster a certain person must have died last. ”

“ V. HEARSAY TESTIMONY: MEDICO-LEGAL EXCEPTIONS TO THE GENERAL RULE WHICH FORBIDS THE RECEPTION IN COURTS OF SUCH TESTIMONY.
1. The rule is not strictly observed in the Coroner’s Court, wherein an enquiry, and not a trial between parties, is held.
2. Formally recorded dying declarations; the medical adviser often hears “the last whisper of life.”
3. Spontaneous and voluntary confessions are sometimes made to medical men.
4. Where the statement in question was part of the proceedings under investigation, thus:
a. ”