Wednesday, August 24, 2011

Emedinews:Insights on Medicolegal issues:Doctor is neither a detective nor a curtain between patient and police

• Presumption, assumption hypothesis, and mere conclusion on self-defined interpretation is not a proof, and conjecture is not medical evidence which may be used by a doctor for his/her patient
• 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 is required for judicial/police investigation the records becomes medico-legal in nature and the same may be required to testify under oath in the court of law by 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.
• doctor should examine the facts which come to his knowledge in his special medical man capacity, 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.

(Contributed by Dr Sudhir Gupta)

1 comment:

  1. Yes, That's right. I also thinks like that any doctor is neither as a defective between the police and the patient in any incident or criminal cases where
    Medicolegal Services are necessary.

    ReplyDelete