Bearing Good Witness: Proposals for Reforming the Delivery of Medical Expert Evidence in Family Law Cases

2006 ◽  
Keyword(s):  
Family Law ◽  
Expert Evidence ◽  
Medical Expert

scholarly journals Perception of District Judges and Lawyers Towards Medico-legal Reports, Medical Certificates and Medical Expert Opinion

2018 ◽  
Vol 56 (212) ◽  
pp. 735-739
Author(s):  
Nuwadatta Subedi ◽  
Hima Raj Giri
Keyword(s):  
Expert Opinion ◽  
Cross Sectional Study ◽  
Documentary Evidence ◽  
Expert Evidence ◽  
Medical Expert ◽  
Cross Sectional ◽  
District Attorneys ◽  
Medical Expert Opinion ◽  
Medical Reports

Introduction: The medico legal reports and certificates prepared by doctors can be used as valuable documentary evidence in the court of law. The study was designed with objectives to explore the perception of judges and lawyers about the quality of medico legal reports prepared by the doctors and their competence in providing the expert evidence in the court. Methods: It is a questionnaire based cross sectional study conducted among the district judges and government attorneys of 75 districts of Nepal from March to May 2016. The data obtained was analysed by SPSS version 16.0. Results: Among a total of 78 participants who responded the questionnaire, 40 (51.3%) were district judges and 38 (48.7%) district attorneys. Most of them graded that the reports prepared by the doctors were just average. Among them, 49 (63.6%) strongly agreed and 28 (36.4%) partially agreed that the reports were useful in deciding the cases. A total of 44 (56.4%) respondents strongly agreed and 34 (43.6%) partially agreed that expert opinion of the doctors in the courts were useful to decide the cases. Seventy one (92.2%) of them rated general doctors as moderately competent. Conclusions: The medical reports prepared by the Nepalese doctors were just average as perceived by judges and lawyers and the competency in presenting the evidence in courts was moderate as rated by them.

scholarly journals Forensic medical expertise and civil law: recommendation of photographic techniques for medical expert evidence

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Fernanda Scaramussa
Keyword(s):  
Civil Law ◽  
Expert Evidence ◽  
Medical Expert ◽  
Medical Expertise

This article analyses demands that must be met by technical-scientific photography as a part of the technical evidence in forensic medical expertise under civil law and suggests quality protocols.

Medical Expert Evidence

BMJ ◽  
1897 ◽  
Vol 1 (1880) ◽  
pp. 115-115
Keyword(s):  
Expert Evidence ◽  
Medical Expert

scholarly journals MEDICAL EXPERT EVIDENCE.

The Lancet ◽  
1890 ◽  
Vol 135 (3466) ◽  
pp. 267
Author(s):  
Jas. Maclintock
Keyword(s):  
Expert Evidence ◽  
Medical Expert

A Trial Consultant's View of the Medical Expert Witness

2013 ◽  
Vol 18 (4) ◽  
pp. 7-10
Author(s):  
Deborah Rutt ◽  
Kathyrn Mueller
Keyword(s):  
Nonverbal Communication ◽  
Expert Testimony ◽  
Medical Literature ◽  
Expert Witness ◽  
Personal Injury ◽  
Expert Witnesses ◽  
Good Teacher ◽  
Medical Expert ◽  
Medical Terms ◽  
Medical Issues

Abstract Physicians who use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) often serve as medical expert witnesses. In workers’ compensation cases, the expert may appear in front of a judge or hearing officer; in personal injury and other cases, the physician may testify by deposition or in court before a judge with or without a jury. This article discusses why medical expert witnesses are needed, what they do, and how they can help or hurt a case. Whether it is rendered by a judge or jury, the final opinions rely on laypersons’ understanding of medical issues. Medical expert testimony extracts from the intricacies of the medical literature those facts the trier of fact needs to understand; highlights the medical facts pertinent to decision making; and explains both these in terms that are understandable to a layperson, thereby enabling the judge or jury to render well-informed opinions. For expert witnesses, communication is everything, including nonverbal communication that critically determines if judges and, particularly, jurors believe a witness. To these ends, an expert medical witnesses should know the case; be objective; be a good teacher; state opinions clearly; testify with appropriate professional demeanor; communicate well, both verbally and nonverbally; in verbal communications, explain medical terms and procedures so listeners can understand the case; and avoid medical jargon, finding fault or blaming, becoming argumentative, or appearing arrogant.

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