scholarly journals Invited commentary on Expert testimony in court

2003 ◽  
Vol 9 (3) ◽  
pp. 189-190
Author(s):  
Sir Louis Blom-Cooper
Keyword(s):  
Mental Health ◽  
Cause Of Death ◽  
Expert Opinion ◽  
Expert Testimony ◽  
Expert Witness ◽  
The Body ◽  
16Th Century ◽  
Post Mortem ◽  
Forensic Pathologist ◽  
Factual Data

Those who possess expertise or experience of a scientific or technical nature are often called to give evidence as a witness in a court or tribunal (in Scotland, he or she is known as a ‘skilled witness’). In so far as the expert witness expresses an opinion, that evidence is, strictly speaking, an exception to the hearsay rule. However, since the 16th century, the courts have admitted opinion evidence from anyone, not just a ‘professional’, who can assist the court on a scientific or technical matter which is an issue in the case and is beyond the knowledge of the court or tribunal. Frequently, the expert witness will be giving evidence as to fact as well as opinion. For example, the forensic pathologist who conducts a post-mortem examination will be able to give a factual description of the condition of the body and, at the same time, give an expert opinion on the cause of death. The forensic psychiatrist will similarly describe what has been determined about the patient on examination of his or her symptoms and express an opinion on the patient's mental health. There will be cases where the expert is supplied with factual data on which to express an expert opinion.

Use of entomotoxicology in estimating post-mortem interval and determining cause of death

2017 ◽  
Vol 295 ◽  
pp. 56-63
Author(s):  
Joanna Stojak ◽  
Keyword(s):  
Cause Of Death ◽  
Current Knowledge ◽  
The Body ◽  
Toxic Substances ◽  
Post Mortem ◽  
Toxicological Analysis ◽  
Post Mortem Interval ◽  
The Impact

Entomotoxicology allows the estimation of the post-mortem interval and the determination of the cause of death in cases in which the corpse has decomposed and the tissues necessary for toxicological analysis are no longer available. Obtaining information about toxic substances potentially present in the body is possible by isolation of larvae and pupae of true flies (Diptera) and/or adult forms of, e.g., beetles (Coleoptera) present on or near the corpse. This article was intended to summarize the current knowledge in the field of entomotoxicology, including examples from the literature, and to present the impact of selected toxic substances and medicines on the development of necrophagous larvae of insects.

scholarly journals Acute Ruminal Drinking in a 2-week old Male Friesian Crossbred Calf

2020 ◽  
Vol 17 (3) ◽  
pp. 37-40
Author(s):  
S. E. Abalaka ◽  
N. A. Sani ◽  
I. S. Idoko ◽  
O. Z. Tenuche ◽  
S. A. Ejeh
Keyword(s):  
Early Diagnosis ◽  
Cause Of Death ◽  
Body Condition ◽  
Management Practices ◽  
The Body ◽  
Post Mortem ◽  
Post Mortem Examination ◽  
Pathological Conditions ◽  
Mucous Membranes

Post-mortem examination was carried out on a 2-week old male Friesian crossbred calf to determine the cause of death. The body condition of the calf was fair with pale mucous membranes. There was petechial to ecchymotic epicardial haemorrhages with mild hydroperitoneum and hepatomegaly. The enlarged rumen contained a large amount of white offensive rancid-smelling curdled milk mixed with watery content while the abomasum contained some sand sediment. A diagnosis of acute ruminal drinking was made based on the calf's age, reportedly feeding entirely on milk ration, and the presence of a large amount of curdled milk in the rumen. Early diagnosis and the treatment of underlying pathological conditions, correction of predisposing management practices, and rumenostomy are some of the ante-mortem ways to combat and improve the prognosis of the condition in affected calves.   

scholarly journals Ensuring the Reliability of Conclusions in the Expert's Statement in the Course of a Forensic Construction Investigation

2017 ◽  
Vol 12 (3) ◽  
pp. 78-84
Author(s):  
A. Yu. Butyrin ◽  
Z. V. Trifonova
Keyword(s):  
Expert Testimony ◽  
Expert Witness ◽  
The Body ◽  
Forensic Investigation ◽  
Expert Evidence ◽  
Assessment Criterion ◽  
Legal Proceedings ◽  
The Subject ◽  
Witness Statement ◽  
The One

The appointment and production of forensic investigation is one of the most common procedural actions in modern legal proceedings, along with the evaluation of the expert witness statement by the body (person) that ordered the examination. The article deals with a number of problems associated with evaluating of the expert witness statement reflecting the progress and results of a forensic construction investigation. Reliability is the most complex and contradictory criterion in the evaluation of expert testimony. Taking into account the courts' constantly growing need for construction forensics expert services, on the one hand, and insufficient elaboration of this assessment criterion for this kind of expert evidence, on the other hand, the authors explore the subject in depth and present their interpretation of the notion of «reliability», as applied to the evaluation of construction forensics expert statements.

scholarly journals PULMONARY THROMBO-EMBOLISM: DIFFICULTIES ENCOUNTERED IN ESTABLISHING CAUSAL RELATIONSHIP AND EXCLUDING THERAPEUTIC MISMANAGEMENT-A CASE REPORT

2021 ◽  
Vol 9 (4) ◽  
pp. 150-160
Author(s):  
S. R Hulathduwa ◽  
B. P Wijesinghe
Keyword(s):  
Causal Relationship ◽  
Cause Of Death ◽  
Traumatic Event ◽  
Thrombotic Event ◽  
Pulmonary Arteries ◽  
The Body ◽  
Legal Issues ◽  
Post Mortem ◽  
Multiple Rib Fractures ◽  
Missed Diagnosis

Pulmonary embolism designates blockage of pulmonary arteries by substances moved from elsewhere in the body through the circulation. The commonest form is thromboembolism. The presentation of pulmonary thromboembolism (PTE) is extremely variable from being completely asymptomatic to sudden cardiovascular collapse and death. Shortness of breath, chest pain and haemoptysis are other common presentations. PTE is not a frequently encountered entity in routine autopsy practice. Out of all cases detected at autopsy, approximately fifty percent are not clinically diagnosed or even suspected, making it one of the top pathological entities clinically underdiagnosed or misdiagnosed. The autopsy, therefore remains the gold standard of post-mortem identification of PTE. Autopsy also allows to establish or exclude a clinico-pathologic co-relation between the clinical diagnosis and actual cause established post-mortem.  Legal issues will arise as to whether a particular traumatic event has a causal relationship with the cause of death as PTE. Establishment of the cause of death (COD) as PTE, timing of the thrombotic event in relation to an ante-mortem trauma and exclusion of medical negligence on the basis of misdiagnosis and missed diagnosis are some important medico-legal issues encountered by the forensic pathologist. The objective of this case presentation is to elaborate practical difficulties encountered by the pathologist in addressing above medico-legal issues. The death of a 46-year-old male bike-rider from PTE, who died three days after being discharged from the hospital on the 26th day following a traffic accident resulting in multiple rib fractures and severe abdominal trauma which warranted splenectomy is discussed here.

scholarly journals Property liability of expert witnesses (articulation of the problem)

2020 ◽  
pp. 1-17
Author(s):  
Daria Zatonova
Keyword(s):  
Expert Opinion ◽  
Expert Testimony ◽  
Expert Witness ◽  
Civil Liability ◽  
Case Law ◽  
Judicial System ◽  
Second Opinion ◽  
Expert Witnesses ◽  
Court Case ◽  
Valid Evidence

This article is dedicated to the search of the answer to the question of whether or not an expert witness carries civil legal (property) liability for providing flawed expert opinion that the court refuses to admit as the valid evidence in a case. An attempt is made to answer the question of whether compensation of the expert can be lowered; should the initial expert’s testimony be paid if the court requires second opinion; can the court refuse payment to the expert witness or a conclusion must be made that expert witnesses have immunity from property liability. Based on the results of analysis of arbitration court case law it is determined that in majority of the cases courts conclude that despite an ill-prepared expert testimony, compensation of the expert witness cannot be decreased or unpaid, while independent claim against the expert will not be satisfied. Such approach of the judicial system testifies that expert witnesses have de-facto immunity from civil liability, despite the fact that such immunity is not covered by the legislation. Moreover, there is a principle of general tort, according to which any damages, including those inflicted by an expert witness, are subject to compensation.

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.

scholarly journals Abattoir-Based Measures to Assess Swine Welfare: Analysis of the Methods Adopted in European Slaughterhouses

Animals ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 226
Author(s):  
Silvio De Luca ◽  
Emanuela Zanardi ◽  
Giovanni Loris Alborali ◽  
Adriana Ianieri ◽  
Sergio Ghidini
Keyword(s):  
Welfare Analysis ◽  
The Body ◽  
Present Review ◽  
Post Mortem ◽  
Gastric Lesions ◽  
Future Perspectives ◽  
The Future ◽  
On Farm ◽  
Benchmarking System

The assessment of swine welfare requires feasible, reliable, and reasonable indicators. On-farm evaluation of pig welfare can provide valuable information to veterinarians and farmers. However, such protocols can result expensive and time-consuming. With this regard, an interest in the appraisal of swine welfare at abattoir has grown over the recent years. In particular, the use of certain lesions collected directly from slaughtered animals to determine the welfare status of pigs has been evaluated by several authors. In the present review, the different methods developed to score lesions collected directly from the body and the viscera of animals slaughtered in European abattoirs (“abattoir-based measures”) are presented. The text specifically focuses on the methods currently available in the literature for the scoring of body, pluck and gastric lesions during post-mortem activities. Moreover, the strengths and weaknesses of abattoir-based measures schemes are discussed. To conclude, the future perspectives of the assessment of pig welfare at the slaughterhouse are described, appealing for a benchmarking system that can be systematically used by veterinarians and other professional figures involved in the process.

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