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.
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