Part 4

=In Coroners’ Courts.= Written certificates are usually accepted in Coroners’ Courts from members of hospital staffs and from general practitioners concerning the absence from ill-health of witnesses or jurymen; the nature of the illness need not be specified. In higher Courts personal attendance and evidence upon oath are necessary.

=In Civil Courts.= If an appeal to the solicitor fails, you may state that your memory of the events in question is vague, and when prompted you may find that the facts as known to you are quite hostile to his client’s claim.

You may decline to offer “=expert opinions=”—a direct interference with the facts and circumstances of the case alone =qualifies= you as a common skilled witness who is bound to give evidence if required so to do.

THE PREPARATION OF EVIDENCE.

“More mistakes are made, many more, by not looking than by not knowing.” You must be ready to meet an =exhaustive interrogation= in Court: hence it is essential that a careful clinical or post-mortem examination should be made, with the aid of all reasonable modern apparatus, and that what is known professionally concerning the matters in hand should be revised from modern text-books: your knowledge of pathology must be up-to-date. “You must know a thing before you suspect it, and you must suspect a thing before you find it.”

=Remember= you are not a partisan: value accuracy of observation and of statement as you do your professional reputation.

You must be prepared to =explain facts and conclusions clearly= to a body of laymen.

=Beware= of mistaking a previously formed inference for a recollection of actual fact—assumed conclusions sometimes fallaciously suggest the real cause. “The chambermaid, in the background, made out as much of the letter as she could, and invented the rest; believing it all from that time forth as a positive piece of evidence.” Stat pro ratione voluntas is a fallacy to be guarded against.

Welcome, and even suggest, =conferences= which will avoid subsequent public differences in medical opinions.

Decide what exhibits and sketches you will hand in. Label, initial, and number them. If they are returned to you after the trial, preserve them for possible future use (e.g., pathological specimens).

Previous to the trial keep all notes and exhibits =under lock and key=.

=Remember= medico-legal evidence is subject to certain =limitations=—your “facts” may be absolute, or probable, or merely possible (see p. 45).

=Refresh the memory= from your clinical or other notes just before giving evidence rather than when in the witness box.

Any =notes read in the witness box= are open to the inspection of the Court. They must have been made by you at the time of the event in question, or immediately thereafter.

All clinical notes and personal memoranda should be destroyed upon the death of a medical practitioner, who should see that his Will contains such a direction.

MEDICO-LEGAL EXAMINATION OF THE LIVING, THE DYING, AND THE DEAD.

“The best memory is a record =made at the time=.”

=Make a note on the spot= as to the person examined, the place, the date, and hour of the commencement of the examination. Daylight should be chosen.

If possible, choose a time such that you can complete the enquiry at one sitting, as it may be final.

Where criminal charges may arise, =associate the police= (and, when necessary, the relieving officer) with the case at once. If called by a police-constable, do not fail to note down his number (from his collar).

=Decline= to perform technical processes which are probably beyond your skill: thus the Coroner will usually secure the permission of the County Council for analyses in suspected poison cases.

=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 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.

Never take directions from a third person (e.g., police, magistrate, employer).

If a =further examination= may be necessary (e.g., under an anæsthetic), that fact should be stated.

=Witnesses= should be present, especially in the case of the examination of females.