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Summary of Legal Medicine FROGLETS NOTES Book by Solis treatment CHAPTER I Purpose in examining a Purpose in examining a GENERAL CONSIDERATION patient is to arrive at a patient is to include those definite diagnosis so that bodily lesions in his report Legal Medicine- branch of which deals with application of appropriate treatment can and testify before the court medical knowledge to the purposes of law and in the be instituted or before an investigative administration of justice. It is the application of basic and body clinical, medical and paramedical sciences to elucidate Minor or trivial injuries are Records all bodily injuries legal matters. usually ignored inasmuch even if they are small or as they do not require usual minor because these Concept and practice of Legal Medicine in the treatment. injuries may be proofs to Philippines is of Spanish origin. qualify the crime or to justify the act. Legal Medicine Forensic Medicine Application of medicine to Application of medical legal cases science to elucidate legal Example: problems Presence of PHYSICAL INJURIES of a victim of sexual abuse = presumes that force was applied; hence, crime Medical Jurisprudence- knowledge of law in relation to committed must be RAPE. the practice of medicine. It concerns with the study of the rights, duties and obligations of medical practitioner with Presence of PHYSICAL INJURIES on the offender of the particular reference to those arising from doctor-patient crime of physical injuries= proof that the victim acted in relationship. SELF-DEFENSE. NATURE OF THE STUDY OF LEGAL MEDICINE OTHER DEFINITIONS Knowledge of legal medicine means the ability to 1. LAW- rule of conduct, just, obligatory, laid by acquire facts, the power to arrange those facts in legitimate power for common observance and their logical order, and to draw a conclusion from benefit. the facts which may be useful in the administration of justice. Characteristics of Law: Medical Jurist (medical examiner, medico-legal officer, medico-legal expert) – a physician who - It is a rule of conduct; specializes or is involved primarily with medico- - It is dictated by legitimate power; and legal duties. They are mostly in the service of the - Compulsory and obligatory to all. government. Forms of Law: It is the duty of every physician, when called upon by the judicial authorities, to assist in the A. Written or Statutory Law (Lex administration of justice on matters which are Scripta) – composed of laws which are medico-legal in character.‖ produced by the country’s legislations To be involved in medico-legal duties, a and which are defined, codified and physician must possess sufficient knowledge of: incorporated by the law-making body. o Pathology Ex. Philippine Laws. o Surgery B. Unwritten or Common Law (Lex non o Gynecology Scripta) – composed of unwritten laws o Toxicology based on immemorial customs and o Other branches of Medicine germane usages. Sometimes referred to as case to the issues involved. law, common law, jurisprudence or customary law. Ex. Laws of England. Ordinary Physician Medical Jurist Sees an injury or disease Sees injury or disease on 2. FORENSIC- denotes anything belonging to the on the point of view of the point of view of cause court of law or used in court or legal proceedings 1 By 4D2014-2015 Summary of Legal Medicine FROGLETS NOTES Book by Solis or something fitted for legal or public 2. Proceedings for hospitalization of an insane argumentations. person (Rule 101); and 3. Rules on evidences (Part IV). 3. MEDICINE- a science and art dealing with preventation, cure and alleviation of disease. It is In SPECIAL LAWS: that part of science and art of restoring and preserving health. It is the science and art of 1. Dangerous Drug Act (RA 6425, as amended) diagnosing, treating, curing and preventing 2. Youth and Child Welfare Code (PD 603) disease, relieving pain, and improving the health 3. Insurance Law (Act No. 2427 as amended) of a person. 4. Code of Sanitation (PD 856) 5. Labor Code (PD 442) 4. LEGAL- that pertains to law, arising out of, by 6. Employee’s Compensation Law virtue of or included in law. Refers to anything conformable to the letters or rules of law as it is MEDICAL EVIDENCE administered by the court. Evidence- the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a 5. JURISPRUDENCE- science of giving a wise matter of fact. interpretation of the law and making just application of them to all cases as they arise. If the means employed to prove a fact is medical in nature then it becomes a medical evidence. PRINCIPLE OF STARE DECISES TYPES OF MEDICAL EVIDENCE A principle that, when the court has once laid down a principle of law or interpretation as applied to a 1. Autoptic or Real Evidence – evidence made certain state of facts, it will adhere to and apply to all future known or addressed to the senses of the court. It cases where the facts are substantially the same. is not limited to that which is known through the sense of vision but is extended to what the sense BRANCHES OF LAW WHERE LEGAL MEDICINE MAY of hearing, taste, smell and touch is perceived. BE APPLIED (Sec.1, Rule 130) In CIVIL LAW, knowledge of legal medicine may be useful Limitations to the Presentation of Autoptic on the following: Evidence: 1. Determination and termination of civil personality a) Indecency and Impropriety – presentation (Art.40-41); of evidence may be necessary to serve the 2. Limitation or restriction of a natural person’s best interest of justice but the notion of capacity to act (Art. 23 and 29); decency and delicacy may cause inhibition 3. Marriage and legal separation of its presentation. 4. Paternity and filiation 5. Testamentary capacity of a person making a will. Ex: Court may not allow exposure of the genitalia of an alleged victim of sexual In CRIMINAL LAW, legal medicine is applicable in the offense to show the presence and degree of following provisions of the Penal Code: the genitalia and extra-genitalia injuries 1. Circumstances affecting criminal liability; suffered. 2. Crimes against person; b) Repulsive Objects and those Offensive to 3. Crimes against chastity. Sensibilities – foul smelling objects, In REMEDIAL LAW, legal medicine is applied in the persons suffering from highly infectious and following provisions of the Rules of Court: communicable disease, or objects which when touch may mean potential danger to 1. Physical and mental examination of a person the life and health of the judge may not be (Rule 28); presented. 2 By 4D2014-2015 Summary of Legal Medicine FROGLETS NOTES Book by Solis However, if such evidence is necessary in 4. Documentary Evidence- Medical Documentary the adjudication of the case, the question of Evidence may be: indecency and impropriety or the fact that a. Medical Certification or Report on: such evidence is repulsive or offensive to i. Medical examination sensibilities, it may be presented. This will ii. Physical examination depend on the sound discretion of the court. iii. Necropsy/ autopsy iv. Laboratory 2. Testimonial Evidence – a physician may be v. Exhumation commanded to appear before a court to give his vi. Birth testimony. His testimony must be given orally vii. Death and under oath or affirmation. b. Medical Expert Opinion c. Deposition A physician may be presented in court as an ordinary witness and/or as an expert witness: 5. Physical Evidence – these are articles and materials which are found in connection with the ORDINARY WITNESS EXPERT WITNESS investigation and which aid in establishing the A physician who A physician on identity of the perpetrator or the circumstances testifies in court on account of his training under which the crime was committed, or in matters perceived from and experience can general assist in the prosecution of a criminal. his patient in the course give his opinion on a of physician-patient set of medical facts. Criminalistics - is the identification, collection, relationship. He can deduce or preservation and mode of presentation of infer something, physical evidence. It is the application of (Sec. 20, Rule 130, determine the cause sciences such as physics, chemistry, medicine Rules of Court) of death, or render and other biological sciences in crime detection opinion pertinent to and investigation. Exception: Privilege of the issue and medical Communication nature. Type of Physical Evidences: between physician and patient. (Sec. 48-49, Rule a. Corpus Delicti Evidence – objects or 130) substances which may be a part of the (Sec. 24 c, Rule 130) body of the crime. The probative value of b. Associative Evidence- these are the expert medical physical evidence which link a suspect testimony depends to the crime. upon the degree of c. Tracing Evidence- these are physical learning and evidence which may assist the experience on the line investigator in locating the suspect. of what the medical expert is testifying, the PRESERVATION OF EVIDENCE basis and logic of his The physical evidence recovered during medico-legal conclusion, and other investigation must be preserved to maintain their value evidences tending to when presented as exhibits in court. show the veracity or falsity of his Methods of Preserving Evidence testimony. 1. Photographs, audio and/or video tape, micro- film, Photostat, Xerox, voice tracing, etc. 3. Experimental Evidence – A medical witness 2. Sketching- rough drawing of the scene or object may be allowed by the court to confirm his to be preserve is done. It must be simple, allegation or as a corroborated proof to an identifying significant items and with exact opinion he previously stated. measurement. 3 By 4D2014-2015 Summary of Legal Medicine FROGLETS NOTES Book by Solis Kinds of Sketch: The preservation is co-terminus with the life of the witness.
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