K. Kannan
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198082880
- eISBN:
- 9780199082827
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198082880.003.0005
- Subject:
- Law, Medical Law
Doctors appearance in courts could be in three different situations: as an expert witness to support a medical opinion already secured or to explain a medical condition of a party or witness in ...
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Doctors appearance in courts could be in three different situations: as an expert witness to support a medical opinion already secured or to explain a medical condition of a party or witness in litigation, both civil and criminal, as respondent in actions complaining of medical negligence or as accused in a criminal case for commission of offences under one or other penal laws or a medical professional acquiring a law degree wishing to pursue practice as a lawyer. Some of the age old practices of adopting ‘the finger test’ for a rape victim to suggest that the victim was habituated to sex are adversely commented as degrading exercises and the doctor shall know that sexual assault is not a medical phenomenon but a fact proved like in any other case. Enactments dealing with organ transplant, sex testing, medical termination, drugs, and cosmetics licensing, etc. contain penal provisions that trigger scope for action against erring doctors.Less
Doctors appearance in courts could be in three different situations: as an expert witness to support a medical opinion already secured or to explain a medical condition of a party or witness in litigation, both civil and criminal, as respondent in actions complaining of medical negligence or as accused in a criminal case for commission of offences under one or other penal laws or a medical professional acquiring a law degree wishing to pursue practice as a lawyer. Some of the age old practices of adopting ‘the finger test’ for a rape victim to suggest that the victim was habituated to sex are adversely commented as degrading exercises and the doctor shall know that sexual assault is not a medical phenomenon but a fact proved like in any other case. Enactments dealing with organ transplant, sex testing, medical termination, drugs, and cosmetics licensing, etc. contain penal provisions that trigger scope for action against erring doctors.
