Drawing up a Medico-legal Report.
In most cases the witness must recite the report in open court.
For a complete investigation three sets of facts must be collated:
1. The details of the environment of the corpse, when and where first seen.
2. The personality and personal history of the deceased.
3. The result of an exhaustive external and internal post-mortem examination.
a. The Manner of the Report:
Reports should be short and distinct; all unnecessary words should be omitted.
The paragraphs should be numbered: this facilitates reference.
Names and figures must be written plainly, and underlined.
Technical terms should be used only if the report is intended for the use of a public authority; if used otherwise they should be explained.
Beware of writing “There is no ...” when you intend to report “I can find no....”
Exclude uncalled-for reasons, opinions, and comments.
“Science is measurement.” Everything that can be, should be measured. Anatomical and chronological order and exactness should be aimed at.
For immediate comparison, quote easily recognized English standards.
“The sometimes of the cautious is the often of the sanguine, the always of the empiric, the never of the sceptic: but the numbers 1, 10, 100, 1000 have but one meaning for all mankind.”
In important cases the report should be type-written in duplicate and signed, one copy being handed to the Court.
b. The Matter of the Report:
The date and time of day of each examination, and the names of all persons present thereat, should be stated.
There must be a very sharp division made between:
(a) Information received and from whom—this is hearsay.
“Never believe what a patient says another doctor said.”
Never sign a certificate to oblige another practitioner, without personally examining the patient.
(b) Facts found by personal examination or under personal supervision.
The results of a complete methodical external (anterior and posterior) and internal investigation must be detailed; the condition of the diseased organs may be recorded first, the healthy organs being mentioned after, exhaustively.
After entering all the pertinent facts, summarize the main points, and conclude with the probable cause of the pathological conditions found.
Sign the report, affixing your medical qualifications and the date; secure the signature of other medical men who may be present. While in your care, keep the report under lock and key.
Append any sketches or photographs, carefully numbered, which elucidate the case.
Retain an identical copy of the report for reference.
B. WHEN IN COURT,
Before Being “Sworn.”
All testimony given at this stage is null and void, and may render the speaker liable to an action for defamation. Do not omit to be “sworn” before speaking.
Should you wish to object to giving evidence on the grounds:
a. That your fee (for expenses and loss of time) has not been paid by the solicitor calling you.
b. That you are unwilling to pose as able to give “expert opinions.”
c. That you may possibly incriminate yourself:—
this is the stage at which you should say so.
There is now complete emancipation from “the insanitary oath.” For the sake of public example you should decline to “kiss the Book” unless you have brought a Testament with you. Insist on your right either to affirm or to swear by the Scots method.[1]