Giving Medical Evidence.
(Cf. Reports, p. 24.)
“There is matter in manner.” “Tell the truth, and make the truth tell.” “Be the plainest man in the world in the witness box.” “All trifles are not trifling.” “Pathology creates the doctor, as distinct from the nurse.”
The Manner.
Listen to the whole question before you attempt to reply: then answer only what is asked. Make yourself understood.
Don’t assume that the jury know all about the case.
Speak audibly, slowly, deliberately, with an eye on the recording clerk’s pen.
Say exactly what you mean.
Cultivate the power of expression and of repression.
Be candid, courteous, dignified, and withal good humoured; avoid appearing to be suspicious.
Your personal disposition will count more with a jury than your professional position; they will note looks, doubts, hesitations, confidence, calmness, consideration, or precipitancy.
Use simple and popular terms, otherwise you may be regarded as speaking “either oracles or jargon.” Reserve technicalities for cross-examination. The jury will think they understand “alcoholic disease of the ...,” “bad disorder,” “black and blue,” “black-eye,” “blood clot,” “blood poisoning,” “bowel,” “brain fever,” “bruise,” “buoyant lungs,” “cancer,” “consumptive spots,” “coverings of the brain,” “death stiffening,” “great vessel of the heart,” “gullet,” “gut,” “hardened liver,” “hardening of valves,” “inflammation or congestion of the ...,” “overloaded with fat,” “shrunken kidneys,” “skull-cap,” “stroke,” “swallow,” “sweet-bread,” “windpipes.”
Don’t worry about the technical rules of evidence; in the Coroner’s Court they are seldom applied strictly.
Insist on answering double-barrelled questions “Yes AND No” if necessary.
Do not argue with Counsel; “disagree without being disagreeable.” “A large experience is not all experience,” and what you call “a rare case” may reflect upon your limited experience.
An early “I don’t know” is better than a late “I did not know.” If you “don’t know,” do not be trapped into guessing. Beware of “argumentative figures.”
The Matter.
If unable to decide as to the cause of death without a post-mortem examination, tell the jury so at once; the most experienced pathologist will do so the most often. Thus you may tell them, by way of apology, that any organ of the body may be ruptured without external signs of injury being apparent.
Distinguish what you have been told from what you have found by personal examination.
A knowledge of the facts differs from a knowledge of the records of those facts.
State what you knew professionally as to the health and the habits of the deceased, but do not condescend to detail; it is sufficient to say, “I treated him,” or “I prescribed;” you need not specify how unless required so to do.
Don’t offer any explanations unless directly asked; decline to give “expert opinion” testimony unless you feel fully competent so to do.
The jury value evidence by the exactness of statement of, and the powers of observation evidenced by, a witness. Little benefit is gained by cross-examining one who is obviously telling the plain truth.
Don’t exaggerate or estimate—“blessed are the pure in fact” in a law court; in measurements and descriptions be accurate, quoting figures where possible.
You must answer all questions put to you, excepting such as would tend to incriminate yourself; before you answer such questions, the Coroner must warn you of the possible legal consequences if you answer.
There are no medical secrets which may be kept between a patient and his medical adviser when they are probed in a court of law: if, however, you strongly object to answer, appeal to the President of the Court, or answer in writing.
Think twice before adversely criticizing the actions of another medical man; remember, symptoms and signs may alter from day to day.
You may not quote text-books of living authors, but you may say what authors support your view.
If a text-book is quoted for or against you, strictly verify the text, the context, and the date of publication, before affirming or denying the quotation.
After giving evidence, hand in the labelled and numbered exhibits which have been handed to you by the police or found by yourself. “Real evidence” is, however, capable of fallacious handling, e.g., “Here’s the note! I made it at the time!”—but did you?
It may be wise to take an “anatomical” skull into court for illustration.
The body of the Coroner’s officer is always available for ocular demonstrations to the jury of the sites of injuries, etc.
If any important point has been omitted by the questions (e.g., of a non-medical Coroner), volunteer the undisclosed information which you possess.
In conclusion, state the probable cause of death, especially assuring the jury if it was, in your opinion, natural; and if it could have been retarded by efficient medical advice.
Beware of being didactic on non-medical matters; such action is a fruitful source of the “differences of doctors.”
Before leaving the witness-box, compliment the conduct of the police or other persons who rendered worthy “first aid” to the deceased man.
“The best brief is a copy of the depositions.” When criminal or civil proceedings are likely to follow an inquest, carefully read over and correct where necessary your depositions as taken down by the Coroner’s clerk; initial any alterations you make, then sign them as a correct record. Never sign any statement without having perused it previously.
You can thus readily identify the depositions later, when you may have to repeat your evidence in a higher Court where counsel will have scrutinized minutely not only the facts stated but also the facts as stated: and so will be able to criticize keenly your second version.
In criminal cases the Coroner will bind over the medical witness by recognizance to appear at the trial and give evidence; usually such cases are taken first at the Assizes.