Sunday, September 27, 2015

Medical Evidence


Medical Evidence
A Report by: Jose Parcon
In Legal Medicine under Atty. Jose Montemayor, MD, LlM.


Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (Sec. 1, Rule 128, Rules of Court).
It is the species of proof, or probative matter, legally presented at the trial of an issue by the act of the parties and through the medium of witnesses, records, documents, concrete objects, etc. for the purpose of inducing belief in the minds of the court as to their contention. (Black’s Law Dictionary).
If the means employed to prove a fact is medical in nature, then it becomes medical evidence.[1]
Types of Medical Evidence[2]
1. Autoptic or Real Evidence
-       This is evidence made known to the senses of the court. It includes the sense of vision, hearing, taste, smell and touch.
Sec.1, Rule 130, Rules of Court. View of an object. Whenever an object has such a relation to the fact in issue as to afford reasonable ground of belief respecting the latter, such object may be exhibited to or viewed by the court, on its existence, situation, condition, or character proved by witnesses, as the court in its discretion may determine.
The court may require the physician to present the skeleton of the victim of a criminal act exhumed and examined for the judge to see the presence and degree of the ante-mortem fracture.
Limitations to the Presentation of Autoptic Evidence
         a. Indecency and Impropriety –
Presentation of evidence may be necessary to serve the best interest of justice but the notion of decency and sensitivity may cause inhibition of its presentation.

The court may not allow exposure of the genitalia of an alleged victim of sexual offense to show the presence and degree of injuries suffered by the victim. There are other ways for the court to know the facts other than actual exhibition.
          b. Repulsive Objects and those Offensive to Sensibilities –
Foul smelling objects, persons suffering from highly infectious and communicable disease, or objects which when touch may mean potential danger to the life and health of the judge may not be presented.
However, if such evidence is necessary in the adjudication of the case, the question of indecency and impropriety of the fact that such evidence is repulsive or offensive to sensibilities, it may be presented. This will depend on the sound discretion of the court.
2. Testimonial Evidence –
A physician may be summoned to appear before a court to give his testimony.  He may be presented in court either as an ordinary witness or expert witness, or both.

a. Ordinary Witness
A physician who testifies in court on matters he perceived from his patient in the course of physician-patient relationship is considered as an ordinary witness.

An exception to the ordinary witness rule is the privilege communication between physician and patient. The physician and other medical practitioners cannot in a civil case, without the consent of the patient, be examined as to any information, which he may have acquired in attending such patient in a professional capacity.

A medical witness can only testify on matters derived by his own perception. He can only testify on matters which he has personal knowledge.

Matters, which are not from the personal knowledge of the witness but from mere repetition of what he has heard others say, are hearsay evidence.

As a rule, hearsay evidence is not admissible in court. But one of the exceptions to the non-admissibility of hearsay evidence is dying declaration.

The declaration of a dying person under the consciousness of his impending death is admissible because of its necessity and it is trustworthy.

For dying declaration to be admissible, the following requisites must be present:[3]

i.             It must be shown that the declarant was conscious of his impending death;
ii.          That the declaration must be with regard to his impending death;
iii.        That the declarant was in full possession of his mental faculties when he made the declaration;
iv.        Such evidence is presented in court in a case of homicide, murder or parricide wherein the declarant was the victim.

b. Expert Witness –

A physician on account of his training and experience can give his opinion on a set of medical facts. He can deduce or infer something, determine the cause of death, or render opinion pertinent to the issue and medical in nature.

The probative value of the expert medical testimony depends upon the degree of learning and experience on the line of what the medical expert is testifying, the basis and logic of his conclusion, and other evidences tending to show the veracity or falsity of his testimony.



Source:
Pedro P. Solis, Medical Jurisprudence, R.P. Garcia Publishing Co., 1988.



[1] Pedro P. Solis, Medical Jurisprudence, R.P. Garcia Publishing Co., 1988.

[2] Ibid.

[3] Ibid.

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