Products liability refers to the physical agent which caused the injury or death of the patient during treatment by the doctor. The injury or death of the patient may result from the unexpected byproduct of faulty, defective, or negligently designed medical or surgical instruments or inadequate operating instructions. In such cases of products liability, the [...]
CONTRIBUTORY NEGLIGENCE Contributory negligence is any unreasonable conduct, or absence of ordinary care on the part of the patient, or his personal attendant, which combined with the doctor’s negligence, contributed to the injury complained of, as a direct, proximate cause and without which the injury would not have occurred. These include (1) failure to give [...]
Continue reading …Medical confidentiality It is an implied term of contract between the doctor and his patient. The doctor is obliged to keep secret; all that he comes to know concerning the patient in the course of his professional work. Everything said by a patient or his family members to a physician in the context of medical [...]
Continue reading …Criminal trial process in forensic science - Types of Trial: (1) Adversarial system: It is for the prosecution to prove their case to the Magistrate, beyond reasonable doubt. The defense does not have to prove innocence. (2) Inquisitorial System : (applied in Europe). Both the prosecution and defense have to make their cases to the court [...]
Continue reading …Witness in forensic science All persons are competent to testify unless they are prevented from understanding the questions put to them, or from giving rational answers to those questions, due to tender years or extreme old age or disease. Types: Witnesses are of two types: (1) Common, and (2) Expert. Common witness (witness of fact [...]
Continue reading …Oral Evidence in forensic science - It includes all statements which the Court permits, or which are required to be made before it by the witness, in relation to matters of fact under inquiry. “Fact” means: (1) any thing, state of things, or relation of things, capable of being perceived by the senses, (2) any mental [...]
Continue reading …Medical Evidence in forensic science means and includes: (1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry. (2) All documents produced for inspection of the Court. For the evidence to be accepted by the Courts, it must be properly identified [...]
Continue reading …Documentary evidence in forensic science: It is of three types – Medical Certificates They refer to ill- health, insanity, age, death, etc. They are accepted in a Court of law, only when they are issued by a qualified registered medical practitioner. The certificate of ill-health should contain exact nature of illness, and probable period of [...]
Continue reading …A bomb is a container filled with an explosive mixture and missiles, which is fired either by detonator or a fuse. Terrorist bombs often involve only 2 to 10 kg of explosives. When an explosion occurs, the explosive material produces a large volume of gas, and releases a large amount of energy. Pressure of up [...]
Continue reading …Medico legal questions involving a firearm crime Is the injury caused by discharge of firearm? Firearm wounds are recognised by the appearance of clothing and body entrance and exit wounds, the track of the bullet, and the presence of bullet or pellets and residual matter in the clothing or around entrance wound and in the [...]
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