Forensic
Medicine:
It is a branch of medicine, that
deals with the applications of the medical and paramedical knowledge to the
knowledge of both civil and criminal law to aid the administration of justice.
Hostile
witness:
Those are the one who make
statements that opposite the interest of the party called them. They are thus
described as those who are not willing, to tell the truth at that instance of
the party calling them.
Unfavorable
witness:
These are the ones when called by a
party to prove a particular fact but fails to prove that fact and sometimes proved
exactly opposite facts.
Inquest:
It is defined as the preliminary inquiry into
the cause of any sudden unnatural or suspected death, which is apparently not due
to natural causes.
Coroner’s
inquest:
Coroner is the officer appointed by the
government. Coroner court is the court of inquiry. Coroner is helped by the
group of persons in the court called a jury. Jury may contain any number of
people between 5,7,9,11,13,15(usually 7).
Duties of
the Coroner:
1. To make inquiries in case of suspicious deaths,
deaths in prison, dying within his jurisdiction.
2. To view
the body and to decide whether to make an inquiry or not.
3. he can
summon a medical expert.
4. He can
order a medical man (usually police surgeon ) to do the postmortem.
5. He can
order for exhumation.
6. He can
establish an open verdict. Arrest warrant can be issued by the coroner in the case when
the verdict of foul play is found and the accused may be arrested and be
surrendered in the magistrate court for further investigation.
Open
verdict:
It means the inquiry is adjourned
indefinitely due to in need of information and can be opened at later dates when
further information is available.
Indications
for open verdict:
1. The Cause
of death is not identified by the postmortem due to putrefaction.
2.In the case of
poisoning cases where evidence is available to differentiate between suicide
and accident.
Subpoena:
It is the document that compelling a witness
the attendance in the court on a particular date and time without fail and under penalty.
Conduct
money:
It is money that is offered to the witness in
the civil cases at the time of serving the summons that covers the traveling
expenses.
It is also
called witness bata.
Consent:
It is defined as the voluntary
agreement, compliance or permission;
Types:
1. Implied
consent
2.Expressed
consent
i) oral
ii) Written
Negligence:
It is defined as a want of reasonable degree
of skill or care or willful negligence in part of a medical practitioner that
lead to any injury or lead of the patient. It is also called Tort.
Euthanasia:
It is defined as the painless
killing of the person who is suffering from an incurable disease or senility
or permanent damage to the brain which cannot be repaired. It is not yet permitted in India.
Types;
By
induction:
1.Active: Act of commission
2.Passive: Act
of omission
By willingness:
1.Voluntary :
conscious patients
2.Non-voluntary
: Patient in coma or severely defective infant
Dying
declaration:
It is the statement verbal or written made by
the deceased person before his/her death leading to the circumstances of the
death.
Dying
deposition:
It is almost the dying declaration with the
difference is the presence of the accused with his/her lawyer. It is more
valuable as the accused gets the chance to challenge and cross-examine. The presence
of the medical examiner is not indispensable but he should only establish the
fitness of the patient.
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