This document defines different types of medical evidence and provides examples. It discusses documentary evidence such as medical certificates, medico-legal reports, and dying declarations. Medical certificates are issued by doctors regarding health matters. Medico-legal reports are prepared by doctors in criminal cases and contain three parts: introduction, examination findings, and opinion/inference. Dying declarations are statements made by a dying person about the cause of death. Oral evidence refers to witness testimony in court regarding facts perceived directly through senses. Hearsay and circumstantial evidence are also discussed as indirect types of evidence.
Following is the detailed description of Dying Deposition and Dying Declaration being followed in Indian Legalities from a Medical students perspective. The presentation should prove to be helpful for educators and primarily for medical students for their understanding and academics.
References - Forensic Medicine And Toxicology (29th edition) By DR. K.S. Narayan Reddy
Following is the detailed description of Dying Deposition and Dying Declaration being followed in Indian Legalities from a Medical students perspective. The presentation should prove to be helpful for educators and primarily for medical students for their understanding and academics.
References - Forensic Medicine And Toxicology (29th edition) By DR. K.S. Narayan Reddy
Indian criminal procedure code,Un natural death,How ro prepare inquest by a magistrate. ppt prepared by I James Joseph Adhikarathil- Mob 9447464502.mysandesham@gmail.com
MEDICAL JURISPRUDENCE
FORENSIC MEDICINE
INDIAN PENAL CODE
CRIMINAL PROCEDURE CODE
CODE OF CIVIL PROCEDURE
INDIAN LEGAL SYSTEM
INQUEST - Police & Magistrate
COURTS OF LAW
JUVENILE JUSTICE BOARD
MEDICAL EVIDENCE
Medical Certificate
Medicolegal certificate
Dying Declaration & Dying Deposition
SUMMONS
RECORDING OF EVIDENCE IN A COURT
WITNESS
DOCTOR IN THE WITNESS BOX
Forensic science PowerPoint presentation on Injury and it's medico-legal importance.
The slide is made for medical students. Mainly for BAMS students. It covers maximum points.
The slide is full of example with pictures which make it easy to understand the concept. It contains post-mortem findings as well as medico-legal importance of the each type of injury.
Indian criminal procedure code,Un natural death,How ro prepare inquest by a magistrate. ppt prepared by I James Joseph Adhikarathil- Mob 9447464502.mysandesham@gmail.com
MEDICAL JURISPRUDENCE
FORENSIC MEDICINE
INDIAN PENAL CODE
CRIMINAL PROCEDURE CODE
CODE OF CIVIL PROCEDURE
INDIAN LEGAL SYSTEM
INQUEST - Police & Magistrate
COURTS OF LAW
JUVENILE JUSTICE BOARD
MEDICAL EVIDENCE
Medical Certificate
Medicolegal certificate
Dying Declaration & Dying Deposition
SUMMONS
RECORDING OF EVIDENCE IN A COURT
WITNESS
DOCTOR IN THE WITNESS BOX
Forensic science PowerPoint presentation on Injury and it's medico-legal importance.
The slide is made for medical students. Mainly for BAMS students. It covers maximum points.
The slide is full of example with pictures which make it easy to understand the concept. It contains post-mortem findings as well as medico-legal importance of the each type of injury.
MEDICOLEGAL role of MEDICAL OFFICER at a hospital.pdfAngirasSahuAngi
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Medicolegal roles of medical officer by nhrc. It includes all the common points a medical officer must be aware of. In case of MLC it can be used for doctor duties.
Medical records means and includes the record pertaining to the admission, diagnosis, treatment, investigation, daily progress, operations, consultations
Is health information always admissible as evidence in court Explai.pdfjeeteshmalani1
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Is health information always admissible as evidence in court? Explain your answer and provide
APA references.
Solution
What is one of the most important non-clinical uses of the medical redcord?
It serves as the legal document recording a particular episode of a patient\'s care. (of the facility
and treatment)
When can a patient\'s information be disclosed?
With the written consent or authorization of the patient.
pursuant to statutory requirements or on proper legal process.
Define Evidence
Testimony, writings, material objects, or other things presented to prove or disprove a fact.
Define ADMISSIBLE EVIDENCE
Info. or things that may be admitted as evidence in a trial if the applicable rules establish that the
info. is BOTH PERTINENT and PROPER (timely, accurate, complete records) for the the judge
or jury to consider when deciding issues involved in the lawsuit.
What is HEARSAY?
Out-of-court statements that are offered to prove the truth of the matter asserted. Not signed
under oath.
Why are medical records considered hearsay evidence?
Because the health-care providers making the statements, (entries into the record) do not do so
under oath in a court of law. Therefore under the Hearsay rule they are not admissible as
evidence in court.
So, if Hearsay evidence is not addmisible in court, how can medical records be an exception to
the rule? There ARE exceptions to the rule...
BUSINESS RECORD EXCEPTION to the HEARSAY EXEMPTION RULE specifically allows
medical records to be used as evidence. if the person offering the records can successfully
convince the judge the records are kept in the ordinary course of business and not in preparation
for litigation.
BUSINESS RECORD EXCEPTION to the HEARSAY EXEMPTION RULE
HIM Mgr. / Custodian must establish in court the FOUNDATION and TRUSTWORTHINESS
of their record-keeping.
The three elements of a FOUNDATION REQUIREMENT to the hearsay exemption?
Person submitting the evidence must extablish that the record was;
1. Made and kept in the ordinary course of business
2. recorded at or near the time the event
3. By a person with knowledge of the facts, events, conditions, opinions, or diagnoses appearing
in it.
How is TRUSTWORTHINESS REQUIREMENT to the hearsay exception established?
One of the requirements of the Business Record Exemption to the hearsay rule. HIM/custodian
must testify to:
- Internal policies/procedures governing access to meddical record
- quality control techniques (i.e. corrections & abbreviations of the record)
How does the party wishing to introduce a medical record as evidence establish the accuracy and
trustworthiness of the medical record?
They will bring in the custodian of medical records to testify to the accuracy and trustworthiness
of the records.
How does the Medical Records Custodian testify as to both the foundation and trustworthiness
requirements of the business record exception?
The custodian, the HIM professional, testifies in a trial or deposition:
- To FOUNDATION - testifi.
A dying declaration, also known as a "dying declaration exception," is a legal concept in many jurisdictions that allows certain statements made by a person who believes they are facing imminent death to be admissible in court as evidence, even though they would typically be considered hearsay. This exception to the hearsay rule is grounded in the idea that a person who believes they are about to die has little motive to lie and is therefore more likely to speak the truth. Dying declarations are an important aspect of criminal law and can have a significant impact on the outcome of trials. In this comprehensive essay, we will explore the history, legal principles, requirements, and controversies surrounding dying declarations, delving into their significance in the legal system.Historical BackgroundThe concept of the dying declaration has a long history in legal systems around the world. The idea that statements made by a person on their deathbed should be given special consideration is rooted in ancient legal traditions. In English common law, which has greatly influenced the legal systems of many countries, the concept of the dying declaration can be traced back to the medieval period. It was based on the belief that individuals who were aware of their impending death were unlikely to make false statements because they would soon face a higher authority, thereby giving rise to a presumption of truthfulness.Over time, the principles surrounding dying declarations have evolved and been codified in various legal systems. This essay will primarily focus on the common law understanding of dying declarations, which serves as the basis for the legal principles in many English-speaking countries, including the United States.Legal PrinciplesDying declarations are a subset of hearsay evidence, which generally refers to statements made outside of the court that are offered in court to prove the truth of the matter asserted in the statement. Hearsay is generally inadmissible because it lacks the safeguards of live testimony, cross-examination, and oath-taking, which are typically required for the admission of evidence in a legal proceeding. However, dying declarations are considered an exception to this general rule due to their unique circumstances and the historical belief in their reliability.To be admissible as a dying declaration, certain legal principles and requirements must be satisfied. These principles have evolved over time and may vary slightly from one jurisdiction to another. However, some common elements exist across legal systems. These include:1. Declarant's Belief of Impending DeathA crucial requirement for a statement to be considered a dying declaration is that the declarant must have a genuine belief in their impending death at the time they make the statement. This requirement is essential to establish the declarant's motivation to speak the truth. The declarant's subjective belief in imminent death must be proven, either through the
detail knowledge of medico-legal cases, introduction,types, reports, consent,death certificate, patient right. it will help you to understand the concept of medico-legal cases
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
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Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
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http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
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2. DefinitionEvidence
means and includes
1. All statements which the court
permits or requires to be made before
it by a witness in relation to matters of
fact under inquiry (such statements are
called as oral evidence).
2. All documents produced for the
inspection of the court (such
documents are called as documentary
evidence).
4. Documentary Evidence
It comprises of documents produced before the court and includes:
1. Medical certificate
2. Medico-legal report
3. Dying declaration etc.
5. Medical Certificates
These are the
certificates issued
by the doctor
rregarding
1 illhealth
(sickness
certificate),
2 unsoundness of
mind, 3death
certificate,
4birth certificate,
5fitness certificate
etc.
6. â—¦ These certificates are the simplest forms of
documentary evidence. Only certificates given
by registered medical practition-ers (RMP)
registered with state medical council are
accepted in the court of law as evidence.
â—¦ Doctors should exercise due care while
issuing such certificates.
â—¦ Issuing a false certificate is an offense.
7. Medico-legal
Reports
â—¦ Medicolegal reports are the documents prepared and issued by
doctors on the request of the investigating officer (Police or
Magistrate),
â—¦ usually in criminal cases such as assault, rape, murder etc.
â—¦ Examples of such reports are:
â—¦ 1 Injury certificate,
â—¦ 2age report,
â—¦ 3postmortem reports,
â—¦ 4 reports regarding examination of exhibits such as weapons,
clothes etc.
8. •Generally these reports are made of three
parts viz.:
1. Part I – Introduction
(Preamble): Comprising of
preiminary data such as name
of person, age, sex, address,
identification marks, date and
time of examination etc.
1
2. Part II – Examination
(Observation): Consisting of
the findings observed and
recorded by doctor and
entered in the report.
2
3. Part II – Opinion
(Inference): Consisting of
opinion or inference drawn
by the doctor from the
medical examination.
3
9. The report should be written with great care
and should bear the signature and name of the
examining doctor.
Any exhibits, e.g. clothes or weapons etc. sent
for medical examination should be described in
detail with appro-priate diagram/sketches
whenever applicable then these articles should
be properly sealed, labeled and returned to the
investigating officer.
10. Dying Declaration
â—¦ Definition:
â—¦ A dying declaration is a statement, verbal or written, made by
a person as to the cause of his death, or as to any of the
circumstances of the transaction which resulted in his death
(Section 32 IEA).
â—¦ Whenever such patients are admitted and who are going to die,
the doctor should call the Magistrate to record dying
declaration.
â—¦ Before recording the statement, doctor should certify that the
person is conscious and have sound mind (compos mentis).
â—¦ If the dying person is serious and there is no time to call the
Magistrate, then doctor should record the dying declaration.
â—¦ When doctor or Magistrate is not avail-able, dying declaration
recorded by investigating officer is also admissible under
section 32 of IEA.
â—¦ No oath is adminis-tered while recording a dying declaration
since it is believed that the dying person tells the truth only.
11. Dying
Deposition
It is a statement or deposition made by a
dying person on oath.
The Magistrate in the presence of accused
or his lawyer records it.
The procedure of dying deposition is not
followed in India.
Dying deposition has more value then dying
declaration in the court as it is recorded by
the Magistrate in presence of accused.
12.
13. Oral Evidence
â—¦ It means statement made by the witness verbally in the court.
â—¦ As per Section 60 of IEA, the oral evidence should be direct
i.e. it is to say:
â—¦ 1. If it refers to a fact which could be seen, it must be the
evidence of a witness who says he saw it;
â—¦ 2. If it refers to a fact which could be heard, it must be the
evidence of a witness who says he heard it;3. If it refers to a
fact which could be perceived by any other sense or in any
other manner, it must be the evidence of a witness who says he
perceived it by that sense or in that manner;4. If it refers to an
opinion or the grounds on which that opinion is held, it must
be the evidence of the person who holds that opinion on those
grounds. In other words, oral evidence is direct evidence of a
witness regarding what he had seen, heard or perceived.
14. •ORAL EVIDENCE IS MORE
IMPORTANT AND SUPERIOR
THAN DOCU-MENTARY
EVIDENCE BECAUSE:
1. It has to be proved on oath or affirmation and2. It can be subjected to cross -examination.
15. Other Types of
Evidences are
â—¦ 1. Hearsay evidence
â—¦ 2. Circumstantial evidence
â—¦ 3. Corroborative evidence
16. Hearsay
evidence:
It is type of indirect evidence in
which the witness has no personal
knowledge about the facts but he
has only heard what others had
said regarding the matter.
For example witness “X” gives
evidence in court that “Y” had told
him (i.e. X) that he (i.e. Y) had seen
“Z” beating to “W” with iron rod
17. Circumstantial
evidence:
It is indirect type of evidence,
which was obtained from the
suspicious circumstances
for example finding of blood
stained shirt over body of accused,
recovery of bullet shells at the spot
of crime or recovery of weapon
from the accused etc