The Use of Forensic Physician Expertise In View of Health Law Against Murder Cases (original) (raw)
Related papers
Ulusal travma ve acil cerrahi dergisi = Turkish journal of trauma & emergency surgery : TJTES, 2015
Malpractice is an occasion that occurs due to defective treatment in the course of providing health services. Neither all of the errors within the medical practices are medical malpractices, nor all of the medical malpractices result in harm and judicial process. Injuries occurring at the time of treatment process may result from a complication or medical malpractice. This study aims to evaluate the reports of the controversial cases brought to trial with the claim of medical malpractice, compiled by The Council of Forensic Medicine. Our study includes all of the cases brought to the Ministry of Justice, Council of Forensic Medicine General Assembly with the claim of medical malpractice within a period of 11 years between 2000 and 2011 (n=330). In our study, we saw that 33.3% of the 330 cases were detected as "medical malpractice" by the General assembly. Within this 33.3% segment cases, 14.2% of them resulted from treatment errors such as wrong or incomplete treatment and...
Role of Forensic Medicine in Administration of Justice A Critical Review
Two small round opaque shadows of metallic densities opined as that the injury was not a firearm injury but was self inflicted one by the first Medical Board under the Chairmanship of Chief Medical Officer. Opinion of another Medical Board comprising Forensic Medicine expert considered it as a: Clear cut case of firearm wound. Based on two contradictory opinions, Allahabad Court held that the Charge: sheet submitted under sections 323, 504, and 506 IPC, ought to have been submitted under some graver sections too. This paper deals with a critical review of case where two Medical Boards were constituted in the interest of justice. Views of various other relevant judgments of Hon’ble Supreme Court and various High Courts emphasizes the importance of Forensic Medicine in the administration of justice and need for refresher courses and training for medical officers suggested to avoid future recurrences of such nature are discussed in brief. Key Words: Medical Board, Expert Opinion, High Court, Training, Forensic Medicine Expert
Forensic Autopsy is reviewed from the Aspects of Ethics, Medicolegal and Humanities
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences
This article is motivated by the importance of learning about forensic autopsy. A forensic autopsy is carried out on the body of someone suspected of dying due to an unnatural cause such as in cases of accidents, homicides, or suicide. Forensic autopsy includes external and internal examinations relating to respect for a deceased human body. The controversy surrounding autopsy often occurs in the community. For reasons of culture, customs and religion, there is often a refusal to do autopsy. This article discusses the importance of autopsy and aspects related to ethics, humanities and medicolegal. The medicolegal police asked to do a forensic autopsy on forensic medicine experts to find the cause of death of the victim. The purpose of this article explains about the ethical, medicolegal and humanities aspects related to forensic autopsy.
Forensic Medicine by Prof Dr Rwamakuba Zephanie
• Most countries have two main legal systems: 1. Criminal courts: deals predominantly with disputes between the State and individual. 2. Civil courts: deals with disputes between individual including those of alleged negligence, contractual failure, debt, and libel or slander. • Decisions made by judges are referred to as 'common law' or 'case law'. Criminal law: • Criminal law deals with relationships between the state and the individual and as such is probably the area in which forensic medical expertise is most commonly required. • Criminal trials involve offences are 'against public interest'; these include offences against the person (e.g. murder, assault, grievous bodily harm, rape), property (e.g. burglary, theft, robbery), and public safety and security of the state (terrorism).
JOURNAL OF THE PUNJAB ACADEMY OF FORENSIC MEDICINE & TOXICOLOGY
2009
In our practice it has been seen that the doctors are generally afraid to testify in the courts. This is mainly because of two reasons: one that they are not familiar of the legal procedures and two because they are afraid to be grilled in the court by the lawyers. As a result many a times the attitude of the doctor while testifying in the court is to finish the testimony and go back, irrespective of the outcome. The beneficiaries in such cases are the culprits who have to be acquitted because of lack of evidence. As a result the knowledge, skill, education, experience and training of the doctors are necessary to make them more competent while testifying in the court.
INVOLVEMENT OF MEDICAL PROFESSIONALS IN THE INVESTIGATIVE PROCEDURES DURING THE DETECTION OF CERTAIN TYPES OF CRIMES, 2021
The aim: To clarify the importance of the need to involve medical professionals, as experts, in the conduction of the investigative actions during the pre-trial investigation of certain types of crimes. Materials and methods: This research is based on the general laws and categories of the Cognition theory and on the framework of materialistic dialectics; it uses a comprehensive approach to the study of the problems under consideration, applies systematic, statistical, historical, legal and comparative legal methods. Conclusions: The need to use specialized medical knowledge depends not on a certain type of crime, but on the specific circumstances of the committed criminal offense. Based on theoretical and practical frameworks, the reasonable practical significance of using specialized medical knowledge during a pre-trial investigation expands and deepens the possibilities of procedural evidence, contributes to the rapid and complete crime disclosure, exposing the wrongdoers and making the right decisions in criminal proceedings.
Research and Reports in Forensic Medical Science
Background: Autopsy is examination of a body post-mortem, with a view to determining the cause of death. Performing an autopsy has benefits for many parties: the family of the deceased, the clinician and hospital, and society at large. Materials and methods: The materials of the study were medico-legal autopsies (n=458) carried out by the Department of Forensic Medicine and Toxicology, BP Koirala Institute of Health Sciences between 15th July 2008 and 14th July 2009 (one fiscal year in Nepal). Autopsy reports were reviewed and interpreted in terms of the cause and manner of death, and demographic parameters. Results: The maximum number of reported cases was in the 21-30 years age group. The sex ratio of cases was 1.6:1 (M:F). The majority of deceased were from rural areas (60%), followed by urban areas (40%). There was no appreciable variation in the numbers of autopsies with respect to month of the year, or day of the week. Most deaths were either accidental (48.25%) or suicidal (40.83%). Homicide and natural causes accounted for 9.18% and 1.74% of deaths, respectively. Conclusion: The group most commonly affected was the young, productive age group, predominantly male. The majority of deaths were accidental or suicidal. Road traffic accident was the leading cause of accidental death. Poisoning was the leading method of suicide. Physical assault with blunt object was the most common cause of homicidal death.
The Role of Forensic Laboratories in Proving Poison Murders in Indonesia
JHR (Jurnal Hukum Replik)
Murder is a heinous crime that violates the law and threatens humanity. Murder can be committed in a variety of ways, one of which is through the use of poison. To solve a Poisoning Murder case, investigators must have a high level of expertise as well as the use of a Forensic Laboratory to examine scientific evidence. The murder of Wayan Mirna Salihin (Mirna) with Cyanide is one example. This study uses a Normative Legal Method that is bolstered by primary data analysis. The data used are Primary Data (Interviews) and Secondary Data (Legislation, Books, Journals, and Internet Sources). The obtained data is described using words based on scientific logic. The Mirna Cyanide murder case is so complicated that it necessitates the involvement of the Forensic Laboratory and forensic experts from various fields. Expert Testimony from Forensic Doctors, Forensic Toxicologists, and Forensic Digital Experts were obtained as part of the evidence. In this case, Expert Testimony is crucial in co...