Exam Preparatory Manual for Undergraduates: Forensic Medicine & Toxicology (Theory and Practical) V Dekal
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1Medical Jurisprudence
  • Chapter 1 Introduction and Scope of Forensic Medicine
  • Chapter 2 The Indian Legal System
  • Chapter 3 Medical Ethics and the Law
  • Chapter 4 Medical Negligence2

Introduction and Scope of Forensic MedicineCHAPTER 1

 
1. What is forensic medicine?
  • Forensic medicine or legal medicine is also called as state medicine.
  • Forensic medicine is a branch of medical science which deals with the application of medical knowledge to help or aid in the administration of justice.
  • The word “forensic” originates from the Greek which means “open forum” — a public debating place (court of law).
  • It is a branch of medical science which Bridges between the law and medicine. In short, the subject deals with the medical aspects of the law.
Forensic medicine can be broadly divided into:
  • Clinical forensic medicine: It deals with the examination of the living individuals, such as cases of sexual offences, wound certificate, age estimation, etc.
  • Forensic pathology: It deals with interpretation of autopsy findings in the medicolegal investigation of death (forensic thanatology — Study of death).
2. Define medical jurisprudence.
  • Juris: Law; Prudentia: Knowledge.
  • Medical jurisprudence deals with the legal responsibilities of the physician with reference to those arising from physician-patient relationship, such as medical negligence, consent, rights and duties of doctors, serious professional misconduct, etc. (in short, it deals with the legal aspects of practice of medicine).
  • Medical jurisprudence deals with the laws which govern the practice of medicine, hence any violation of the said law relating to medical practice will attract penal action and punishment against the doctor as per the provisions of the Indian Penal Code.
3. Define medical ethics and etiquette.
  • Medical ethics deal with the moral principle which should guide the members of the medical profession in their dealings with each other, their patients and the state.
  • Medical etiquette deals with the conventional laws of courtesy observed between the members of the medical profession.
4. What is the scope of forensic medicine?
  • Forensic medicine deals almost entirely with crimes against human beings. In present days, almost all the offences against the human body require medical opinion in order to deliver an impeccable justice in the court of law. The primary interest is to provide the source of information about medical science to confine the needs of the law.
  • Forensic medicine is mostly an exercise of common sense combined with the application of knowledge and experience acquired in other branches of medicine.
  • 4Forensic medicine involves:
    1. Observation of facts,
    2. Collection of evidence,
    3. Interpretation of the scene of crime and
    4. Reconstruction of the events based on medicolegal examination.
  • In all cases of crime involving human body, e.g. homicide, suicide, assault, sexual offences, traffic accidents, poisoning, etc., the help of the medical officer is sought by the investigative agency. In all such cases, the doctor will be required to appear in the court as an expert witness and depose evidence.
  • In some cases, as in cases of sudden death, the authorities will have to depend completely on the medical witness in establishing the cause of death.
5. What are the circumstances a doctor may be called to the court?
  • A doctor may be called to the court to testify:
    1. As an ordinary witness who saw something happen.
    2. As a medical practitioner who treated the patient.
    3. As an expert witness to give opinion on matters of science.