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Recent Advances in Forensic Medicine & Toxicology (Volume 1)
Gautam Biswas
I: MEDICAL JURISPRUDENCE
1:
Medicolegal Issues in Consent
INTRODUCTION
DEFINITION
HISTORY
TYPES OF CONSENT
DOCTRINE OF INFORMED CONSENT
REASONS FOR OBTAINING CONSENT
Legally Valid Consent
Invalid Consent
Exceptions to Informed Consent
INFORMED FINANCIAL/ECONOMIC CONSENT
RIGHT TO REFUSE
CONSENTING AGE
Global Scenario
HOW MUCH INFORMATION IS ADEQUATE?
GUIDELINES FOR CONSENT
INFORMED CONSENT RELATED TO MEDICOLEGAL CASES
CONSENT FORM
Who should obtain consent?
Who should sign the consent form?
Is a signed consent form adequate defense?
COMMON MEDICOLEGAL SITUATIONS
Abortion
Contraception, Pregnancy and Delivery
Impotence and Sterility
Rape
Rape Accused
Sodomy
Drunkenness
CONCLUSION
2:
Medical Ethics and Negligence Cases in India
INTRODUCTION
MAGNITUDE OF PROBLEM
Fatal Errors1,2
Death due to Medical Negligence1
NEGLIGENCE AS A TORT
Essential Components of Medical Negligence
Negligence as Tort and as Crime
MEDICAL LAW AND ETHICS
Issue of Difference of Opinion and Medical Negligence
CASE REPORT I13
CASE REPORT II14
CASE REPORT III15
PROPOSED GUIDELINES
Guidelines for Prosecuting Medical Professionals for Criminal Negligence Cases
CONCLUSION
3:
Euthanasia: Legal, Social and Humanitarian Aspects
INTRODUCTION
DEFINITIONS
CLASSIFICATION
HISTORY OF EUTHANASIA
ARGUMENTS FAVORING EUTHANASIA
ARGUMENTS AGAINST EUTHANASIA
RECENT DEVELOPMENTS
Organizations Advocating Legalization of Euthanasia
Euthanasia Devices
GLOBAL SCENARIO
CURRENT LEGAL STATUS IN INDIA
RECOMMENDATIONS
CONCLUSION
4:
Age of Child: Legal Perspective
INTRODUCTION
DEFINITION OF A CHILD
DISCUSSION
CONCLUSION
5:
Recent Changes in Sexual Assault and Rape Laws
INTRODUCTION
HISTORY OF SEXUAL VIOLENCE
Rape at Times of War
Virgin Rape
Origin of Word ‘Rape’
EPIDEMIOLOGY
Crimes under the Indian Penal Code (IPC)
Crimes under the Special and Local Laws (SLL)
Statistics on Crime Against Women and Children in India
RAPE AND SEXUAL ASSAULT
INGREDIENTS OF THE OFFENCE
Consent
Penetration
Evidence and Proof
MEDICOLEGAL EXAMINATION OF THE VICTIM
Instructions for Doctors/ Hospitals/Health Department
Medical Examination
SEXUAL ASSAULT AGAINST CHILDREN
The Protection of Children from Sexual Offences Act, 201225
CONCLUSION
6:
Court Room Procedures
INTRODUCTION
DEFINITIONS
HISTORY OF LAW OF EVIDENCE
Evolution of Indian Evidence Act
EVIDENCE
Medical Evidence
THE LEGAL SYSTEM
Courts in India (Flow chart 6.1)
WITNESS
Definition
Types
Hostile Witness
EXPERT WITNESS
ROLE OF AN EXPERT MEDICAL WITNESS
ADMISSIBILITY OF EVIDENCE AND TESTIMONY
BURDEN AND STANDARD OF PROOF
GOING TO THE COURT
Court Proceedings
Subpoena/Summons
Conduct Money
Deposition
GIVING EVIDENCE
The Oath
Review of Credentials
Examination-in-chief
Major Objectives
Minor Objectives
Cross-examination
Re-examination
Questions by the Judge
CROSS-EXAMINATION TECHNIQUES
SHORTCOMINGS
CONCLUSION
ACKNOWLEDGMENT
7:
Expert Medical Evidence
INTRODUCTION
PURPOSE AND SCOPE OF EXPERT TESTIMONY
Medical Evidence
Expert Witness
ADMISSIBILITY OF EXPERT EVIDENCE
TYPES OF EVIDENCE
Oral Evidence
Documentary Evidence
Real Evidence
Demonstrative Evidence
Hearsay Evidence
Judicial Evidence
Non-Judicial Evidence
Direct Evidence
Circumstantial Evidence or Indirect Evidence
Scientific Evidence
Digital Evidence
Conclusive Evidence
GUIDELINES FOR EXPERT MEDICAL WITNESS
CONCLUSION
8:
Legal and Ethical Issues of Medical Records
INTRODUCTION
DEFINITIONS
DOCUMENTS CONSTITUTING MEDICAL RECORDS
REQUIREMENTS OF MEDICAL RECORDS
PURPOSES AND OBJECTIVES OF MEDICAL RECORDS
Medical
Medicolegal
OWNERSHIP OF MEDICAL RECORDS
CONFIDENTIALITY OF MEDICAL RECORDS
CUSTODY OF MEDICAL RECORDS
Responsibility of Medical Record Department
ISSUING OF MEDICOLEGAL REPORT
RETENTION OF MEDICAL RECORDS
Indian Regulations
International Guidelines
CORRECTION OF MEDICAL RECORDS
SUBPOENA OF MEDICAL RECORDS
DESTRUCTION OF MEDICAL RECORDS
ALTERNATIVES TO PAPER RECORD
Micro Filming of Records
CONCLUSION
II: CLINICAL FORENSIC MEDICINE
9:
Medicolegal Examination and Certification of a Case of Injury
INTRODUCTION
DIRECTLY FROM SITE OF INCIDENT
REFERRED FROM OTHER MEDICAL FACILITY
BROUGHT DIRECTLY BY POLICE
REFERRED BY COURT
INJURY REPORT
EXAMINATION AND PREPARATION OF INJURY REPORT
Preliminary Data
Consent
Identification Marks
History
General Examination
REPORT
Column No. 1 [Sr. No.]
Column No. 2 [Type of Injury]
Abrasion
Contusion [Bruise]
Lacerated Wound [Tear/Rupture]
Incised Wound [Cut/Slash/Slice]
Chop Wound [refer Cut Laceration]
Stab Wound
Fracture
Firearm Wound
Injuries by Bomb Explosion
Flame Burns
Column No. 3 [Site of Injury]
Column No. 4 [Size of Injury]
Column No. 5 [Nature of Injury]
Column No. 6 [Type of Weapon]
Column No. 7 [Age of Injury]
Column No. 8 [Remarks]
OPINIONS SOUGHT/REQUIRED IN CASE OF INJURIES
CONCLUSION
10:
Medicolegal Aspects of Injuries
INTRODUCTION
Injury Characteristics Documented in Medicolegal Cases
Difficulties in Interpreting Indian Laws
DEFINITION
DISCUSSION
GRIEVOUS HURT
Emasculation
Privation
Sight
Hearing
Member
Dislocation of Joint
Disfiguration
Fracture of Bone
Hurt which Endangers Life and Dangerous Injuries
Judicial Opinion Regarding Injuries Dangerous to Life and Injuries Endangering Life
Ordinary Pursuit
SOME GRIEVOUS INJURIES INVOLVING DIFFERENT REGIONS OF THE BODY
Eye
Ear
Skin
Brain
WEAPONS
Dangerous Weapon
Deadly Weapon
INFORMING POLICE ABOUT CASES OF TRAUMA
Comments
CONCLUSION
11:
An Approach to a Case of Poisoning
INTRODUCTION
DEFINITIONS
HISTORY
EPIDEMIOLOGY11–15
Pesticides
Medicines
Herbal or Traditional Medicines
Households Products
Corrosives
Industrial Chemicals
Plants
Drugs
APPROACH TO A SUSPECTED CASE OF POISONING
Clinical Presentation
History
Physical Examination
Identification of Poison from Clinical Features
Differential Diagnosis of Coma
Other Indicative Features
Biochemical Tests
Emergency Department Assays
Management
DUTIES OF A MEDICAL PRACTITIONER IN SUSPECTED POISONING
Treatment
Preparing a Medicolegal Report
Procedure of Police Information
Dying Declaration
Death of a Patient with Suspected Poisoning
Medical Records
CONFIDENTIALITY AND REPORTING
CIRCUMSTANCES OF POISONING2,6,7
Intentional Overdose/Attempted Suicide/Parasuicide Attempts
Accidental
Homicidal
Malicious
Drug Abuse
Iatrogenic
Occupation
COLLECTION, PRESERVATION AND FORWARDING OF SAMPLES
General Methodology in Toxicological Examination
CONFIRMATORY DIAGNOSIS
Toxicological Screening
Fast Limited Screening
Toxicological Screening by Chromatography
INTERPRETATION OF TOXICOLOGICAL RESULTS
Limits on Interpretation
CONCLUSION
12:
An Approach to a Case of Alcohol Intoxication
INTRODUCTION
DEFINITIONS
Explanations
Unit of Alcohol
Hangover
Alcohol Dependence
Alcohol Abuse
Alcohol Withdrawal
EPIDEMIOLOGY
METABOLISM
FACTORS DETERMINING ALCOHOL ABSORPTION
ACTION
SIGNS AND SYMPTOMS OF INTOXICATION
Death from Alcohol Poisoning
Management of Acute Alcohol Intoxication
EXAMINATION OF SUSPECTED CASE OF DRUNKENNESS
Consent
History
Examination
DIAGNOSIS OF INTOXICATION
Pathological States Simulating Alcohol Intoxication
LAB EVALUATION
Hospital and Laboratory Testing
Alcohol dehydrogenase test
MEDICOLEGAL REPORT WRITING
MEDICOLEGAL ASPECTS OF ALCOHOLISM
Alcohol and Driving
Alcohol and Insurance
Alcohol and Crime
Alcohol and Medical Practice
DEFENSES FOR NON-SUBMITTING OF SAMPLES
Failure to Provide Sample of Breath
Failure to Provide Sample of Blood
Failure to Provide Sample of Urine
RETROGRADE EXTRAPOLATION
CONCLUSION
13:
An Approach to a Case of Head and Neck Injury
INTRODUCTION
DEFINITIONS
ANATOMY
EPIDEMIOLOGY
CLASSIFICATION
MECHANISM OF SKULL FRACTURES12–14
BIOMECHANICS OF BRAIN INJURY14–16
Inertial Injuries
Contact Injuries
PATHOPHYSIOLOGY
Biochemical Abnormalities
FOCAL INJURY
Scalp Injuries
FACIAL INJURIES
SKULL FRACTURES
CRANIOFACIAL FRACTURES
BRAIN INJURIES
Brain Contusions
INTRACRANIAL HEMORRHAGE
1. Extradural Hemorrhage (EDH)27,28
2. Subdural Hemorrhage29
3. Subarachnoid Hemorrhage30
Traumatic Basilar Subarachnoid Hemorrhage
4. Intracerebral Hemorrhage31–33
5. Intraventricular Hemorrhage
OTHER TYPES OF FOCAL INJURY IN BRAIN
DIFFUSE INJURY
Concussion38–40
Diffuse Axonal Injury41–43
Cerebral Edema
MISSILE HEAD INJURY
CLINICAL ASSESSMENT49–50
History
Examination
Assessment of Consciousness
Pupillary Reflexes
External Examination
Cranial Nerves
Peripheral Nervous System
Investigations
Management
SPECIAL CONDITIONS/SITUATIONS
Coma, Brain Death and Persistent Vegetative State
POST-TRAUMATIC SYNDROME (POST-CONCUSSIVE SYNDROME)58–60
Clinical Evaluation
POST-TRAUMATIC AMNESIA61,62
POST-TRAUMATIC EPILEPSY63,64
Early Seizures
Late Seizures
ALCOHOL AND HEAD INJURY2,65–68
BATTERED BABY SYNDROME—NON-ACCIDENTAL HEAD INJURY
SPINAL INJURIES70,71
Incomplete Lesion
Complete Lesion
SPINAL SHOCK72
PEDIATRIC SPINAL INJURIES
FRACTURE/DISLOCATION OF SPINE
Investigation of Cervical Spine Injuries
MEDICOLEGAL ISSUES
MEDICOLEGAL REPORTS AND COURT ROOM QUESTIONS
Nature of Injury
Illustrative Cases
OTHER MEDICOLEGAL ISSUES
MALINGERING
Possible Settings of Malingering
Possible External Gains
CONCLUSION
14:
An Approach to a Case of Near-hanging/Attempted Strangulation
INTRODUCTION
DEFINITIONS
EPIDEMIOLOGY
Causes
PATHOPHYSIOLOGY
EFFECTS OF ASPHYXIA
EVALUATION AND DOCUMENTATION
History
CLINICAL PRESENTATION
Signs and Symptoms (In Surviving Victims)
DIAGRAMS AND PHOTOGRAPHS
LABORATORY AND IMAGING
MANAGEMENT
COMPLICATIONS
PROGNOSIS
MEDICOLEGAL ASSESSMENT
LEGAL PROVISIONS
The Protection of Women from Domestic Violence Act, 2005
Key Elements of Strangulation and Suffocation Statute in the US
CONCLUSION
15:
Emerging Issues in Sex Verification
INTRODUCTION
DEFINITIONS
NEED FOR SEX VERIFICATION TESTS
HISTORY
CASE REPORTS
Case 1: Maria Jose Martinez-Patino's Case
Case 2: Caster Semenya Case
Case 3: Pinki Pramanik Case
Case 4: Santhi Soundarajan Case
DETERMINATION OF SEX
DISORDERS OF SEXUAL DEVELOPMENT
TESTS TO VERIFY SEX IDENTITY
CURRENT STATUS OF SEX VERIFICATION TESTS
GUIDELINES FOR INDIA
ETHICAL ISSUES
LEGAL ASPECTS
POSTMORTEM FEATURES
RECOMMENDATIONS
CONCLUSION
ACKNOWLEDGMENT
16:
Victim Identification in Mass Disasters
INTRODUCTION
DEFINITIONS
CLASSIFICATION
HISTORY AND EPIDEMIOLOGY
OBJECTIVES OF DISASTER MANAGEMENT
DISASTER VICTIM IDENTIFICATION (DVI)
Visual Identification
RECOVERY TEAM
AM TEAM
PM TEAM
Setting up of Temporary Mortuary
Overview of Examination Procedure (Flow chart 16.2)
Fingerprints
Personal Effects
Postmortem Examination
Details of Examination
Physical Characteristics
DNA Sampling
Dental Examination
Identification Center (Comparison of Record)
DNA IN MASS DISASTER
DENTISTRY IN MASS DISASTER
Dental Record Comparison
Comparative Dental Identification
Postmortem Dental Profiling
OTHER METHODS OF IDENTIFICATION
ADVANCEMENT IN INDIA
RECOMMENDATIONS IN INDIAN SETUP
At Site
At Mortuary
Operational
CONCLUSION
III: FORENSIC PATHOLOGY
17:
Judicial Hanging
INTRODUCTION
DEFINITIONS
HISTORY
METHODS OF EXECUTION
HANGING TECHNIQUES
Short Drop
Suspension Hanging
Standard Drop
Long Drop
Hanging Debacle
EQUIPMENT
EXECUTION PROCEDURE IN INDIA
Rope
Procedure
PATHOPHYSIOLOGY
Biomechanics of Hangman's Fracture
Cause of Death
AUTOPSY FINDINGS
Hangman's Fracture
SAMPLE POSTMORTEM REPORT
LEGAL ASPECTS
Offences Punishable by Death
Offenders Excluded from the Death Penalty7
Appellate Process
Judicial Discretion
Mitigating Circumstances
Delay in Execution of the Death Sentence
Unanimity of decision: The Global Position
ETHICAL ISSUES IN CAPITAL PUNISHMENT
CONCLUSION
18:
Dyadic Deaths
INTRODUCTION
DEFINITIONS
EPIDEMIOLOGY
CLASSIFICATION
SPOUSAL HOMICIDE-SUICIDE
Dependent-Protective Type
Aggressive Type
Symbiotic Type
FAMILIAL HOMICIDE-SUICIDE
EXTRA-FAMILIAL HOMICIDE-SUICIDE
PERPETRATOR-VICTIM RELATIONSHIP
METHODS USED
PRECIPITATING FACTORS
INVESTIGATIONS AND AUTOPSY
CONCLUSION
19:
Fat Embolism
INTRODUCTION
DEFINITIONS
CASE REPORT
HISTORY
EPIDEMIOLOGY
CLASSIFICATION
ETIOLOGY
PATHOPHYSIOLOGY AND PATHOGENESIS
Presenting History
CLINICAL FEATURES
INVESTIGATIONS
DIAGNOSIS
DIFFERENTIAL DIAGNOSES
TREATMENT
Medical Care
Surgical Care
COMPLICATIONS
PROGNOSIS
Prevention
CAUSE OF DEATH
POSTMORTEM CHANGES
DISCUSSION
MEDICOLEGAL ASPECTS
CONCLUSION
20:
Tattoo: Historical, Social and Psychological Aspects
INTRODUCTION
DEFINITIONS
HISTORY
EPIDEMIOLOGY
CLASSIFICATION OF TATTOO
Traumatic Tattoos
Amateur and Professional Tattoos
Cosmetic Tattoos
Medical Tattoos
TATTOO STYLES
REASONS AND IMPLICATIONS OF TATTOOING
Being Tattooed
Decorative
Voluntary Group Membership
Involuntary Group Membership
Religious and Political
Cosmetic and Medical
Advertising and Marketing
Psychological Issues
Veterinary
TECHNIQUES OF TATTOOING
Tattoo Machines
Tattoo Inks or Dyes
UV Tattoo or Black-Light Tattoo
Tattoo Shading
LOCAL TISSUE CHANGES IN A TATTOO
LONGEVITY OF TATTOO
COMPLICATIONS OF TATTOO
Tattoo Associated Dermatoses
Infections
Malignancy
MRI Complications
Complications with UV Tattoo
VISIBILITY OF A TATTOO
REMOVAL OF TATTOO
DIAGNOSTIC DIFFICULTY
CONCLUSION
21:
Sudden Infant Death Syndrome
INTRODUCTION
DEFINITION
HISTORICAL BACKGROUND
EPIDEMIOLOGY
INFANT CHARACTERISTICS
ENVIRONMENTAL FACTORS
Prone Sleeping
Cigarette Smoke Exposure
Hyperthermia
Bed Sharing
Maternal Characteristics
Geographic and Climatic Factors
Racial Differences
Sibling Deaths
DIAGNOSIS
INVESTIGATION INTO SUDDEN INFANT DEATH SYNDROME
Death Scene Investigation
Medical History Review
Pathological Features
MECHANISM OF SUDDEN INFANT DEATH SYNDROME
Respiratory Theories
Cardiovascular Theories
Central and Peripheral Nervous System Theories
Gastrointestinal Theories
Microbiological Theories
Immunologic Theories
Metabolic Theories
Endocrine Theories
Nutritional Theories
Environmental Theories
MEDICOLEGAL ISSUES
CONCLUSION
22:
Post-autopsy Reconstruction
INTRODUCTION
CURRENT METHODOLOGY
Abdomen and Pelvis
The Skull
REMOVAL OF ACCUMULATED FLUIDS
WADDING
VISCERA CONTAINMENT
SUTURING
Postmortem Needles
Suturing Techniques
Sutures
THE NECK
THORAX AND ABDOMEN
HEAD
WASHING
SPECIAL CIRCUMSTANCES
The Eye
Wound and Incision
Emaciated Dead Body
Pelvic Dissection
Removal of any Member/Limb
Decomposed Body
High-risk Dead Body
FETAL AND PEDIATRIC RECONSTRUCTION
CONCLUSION
INDEX
TOC
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