Are you appearing in the court for the first time as a medical witness? This slides will help in your preparation for the case.

1. BY
DR. A.A.ADENIJI
MBBS(LAUTECH),Mmed(stell)
FCFP (SA)

2. 
 Doctors are often not conversant with court of Law.
 Appearing in the court of law for the first time as an
expert witness may be very stressful as we find
ourselves in an unfamiliar environment.
 These slides introduce the court environment,
vocabularies, and the protocols used in judicial
proceedings.
 This presentations will help you as a medical
witness.
INTRODUCTION.

3. This is a writ issued by court authority to
compel the attendance of a witness in a
judicial proceedings; disobedience of which
may be punishable as a contempt of court.

4. *Clerk of the court(in the name of the judge)
*Lawyers of the plaintiff or the defendant
*The prosecution team
*A pro se litigant (with the permission of the
judge)

5. 

6. This is someone who has a greater knowledge
and experience regarding a particular area than
the court , usually due to professional or
specialised training , extensive practical
experience or both( psychiatry, medicine,
intoxication, Handwritting……)

7. *The prosecution team.
*The defence team.
*The judge or the magistrate.
*The pro se litigant with the authority of the
court.

8. When the lawyer for the plaintiff or the
government has finished questioning a
witness, the lawyer for the defendant
may then cross-examine the witness.
Cross-examination is generally limited
to questioning only on matters that
were raised during direct examination.

9. Cross-examination is generally limited to
questioning only on matters that were raised
during direct examination. Leading questions
may be asked during cross-examination, since
the purpose of cross-examination is to test the
credibility of statements made during direct
examination.

10. 1.Leading questions( often to confuse the expert)
2.Questions asked in rapid succession
3.Aggressive approach( often loudly with tone of
attack)
4.Excessively sympathetic approach( oh dear you
missed that point!!!

11. 6,Over-friendly, flattering approach( I understand you
are the best gyneacologist in….
7.Restrictive or ambiqious approach( so it could not
have been a penis inflictin the wound
8. Indicating inconsistences…ur testimony is totally
different from ur patients complaint.
9.Attacking the memory of the witness:why did you
remember now if it is not documented in the j88.

12. 9. Yes or no.10.Waisting time… repitition..
Irrelivances.
11.Challenging the experts qualification.
12 Trying to secure concessions in favour of
the defence case( getting you to conceed to
uncertainty of you testimony).
13.Trying to expose flawed procedures and

13. 1.Study all relevant documents
2.Make appointment with the prosecutor to
find out the merit of the case
3.If possible , try to attend a court proceeding
4.Think about the possible questions
5.Inform the DOH.
6.Take the subpoena and the folder with

14. Motions are not pleadings but are requests for the
judge to make a legal ruling. Some of the most
common pre-trial motions include:
*Motion to dismiss, adjournment, summary
judgements……..

15. 1. Personal data.
2. Educational histories
3. Work experiencies
4. Special trainings relating to the case for which you
have been subpoenaed.
5. 5Your relationship with the accused.

16. 1.Why any column is not filled
2.Relationships between the chronic
medical condition and the index injury
3. The meaning of the injuries e.g.
bruise, lacerations, contusion
4.Mechanism of injury and the
reported effect(compartibility)
5

17. 5.Diagrams.
6.Others……….

18. The prosecutor will lead the evidence of the expert. He
or she will start by laying the basis for the expert
witness testimony……
The following must be in place to determine the
witness as an expert:
*Qualification
*Experience
*Expertise

20. WESTERN CAPE HIGH COURT…..Murder
case (2013).
Patient consulted in 2011.
DISCUSSIONS!!!

21. 1.Clinical note is a legal document, treat it as
such(document clearly and truthfully)
2.Don’t use a term you are unsure of in
documenting your clinical findings, even ,
when the term sounds common/familiar.
You may have to come and explain one day
3.Arrange a preliminary session with the
lawyer before appearing in court.

22. THANKS