Notify directly to the Coroner all
deaths, the certificate of the cause of
which you are unable to sign (persons
found dead—whose death was caused or
hastened by accident or injury—who
have died without recent medical attendance—who,
although attended by a
registered medical practitioner during
the last illness, have died in such a
manner or at such a time, that the
medical man is unable to assign a cause
of natural death, or for some good reason
declines to certify the cause).
Most of the cases in which you give
medical evidence are those in which
you have declined to sign a certificate
of the cause of death.
There are also those cases in which
the relatives object to your treatment,
and those in which the registrar refers
your certificate to the Coroner.
The fact that the account for professional
services rendered is likely to be
unpaid is not a good reason for refusing
to sign a death certificate.
Decline to give medical certificates
to police-constables or to solicitors’
clerks gratuitously, and without
authority being shown.
Demand a formal interview by appointment
during professional hours with a
responsible superior; otherwise you
may receive no fees.
Volunteer no private information, and
express no opinion in public, concerning
medico-legal causes with which you are
not personally concerned; otherwise you
may be sub-pœna’d to support your
views. If you know facts which will
aid the execution of justice, give a hint
to the police either yourself or by a
medical friend.
Give information viva voce or in
letters marked “private.” Never write
an unofficial opinion. “Do right, and
don’t write—then fear nothing.”
Should you receive threatening letters,
demanding blackmail, or otherwise without
reasonable cause, at once put them
into a good solicitor’s hands. “Let
this action be a lesson for all men to
stand boldly forward—to stand on their
character—and not, by compromising
a present difficulty, to accumulate imputations
on their honour.” Associate
yourself permanently with a Medical
Defence Society.
Unless in self-protection, or at the
request of patients, do not appear in
court without having been properly
served with a formal sub-pœna.
Do not fail to attend after receiving a
formally served sub-pœna, on peril of
contempt of court and an action for
resulting damages on the part of the
litigant calling you as a witness. You
need not afford a precis of your evidence.
“He [or they] must be satisfied with
impromptu answers.” When in doubt
or difficulty, seek at once the best legal
advice possible.
In Coroners’ Courts. Written certificates
are usually accepted in Coroners’
Courts from members of hospital staffs
and from general practitioners concerning
the absence from ill-health of
witnesses or jurymen; the nature of the
illness need not be specified. In higher
Courts personal attendance and evidence
upon oath are necessary.
In Civil Courts. If an appeal to the
solicitor fails, you may state that your
memory of the events in question is
vague, and when prompted you may
find that the facts as known to you are
quite hostile to his client’s claim.
You may decline to offer “expert
opinions”—a direct interference with
the facts and circumstances of the case
alone qualifies you as a common skilled
witness who is bound to give evidence if
required so to do.
“More mistakes are made, many
more, by not looking than by not knowing.”
You must be ready to meet an
exhaustive interrogation in Court:
hence it is essential that a careful clinical
or post-mortem examination should
be made, with the aid of all reasonable
modern apparatus, and that what is
known professionally concerning the
matters in hand should be revised from
modern text-books: your knowledge of
pathology must be up-to-date. “You
must know a thing before you suspect
it, and you must suspect a thing before
you find it.”
Remember you are not a partisan:
value accuracy of observation and of
statement as you do your professional
reputation.
You must be prepared to explain
facts and conclusions clearly to a
body of laymen.
Beware of mistaking a previously
formed inference for a recollection of
actual fact—assumed conclusions sometimes
fallaciously suggest the real cause.
“The chambermaid, in the background,
made out as much of the letter as she
could, and invented the rest; believing
it all from that time forth as a positive
piece of evidence.” Stat pro ratione
voluntas is a fallacy to be guarded
against.
Welcome, and even suggest, conferences
which will avoid subsequent
public differences in medical opinions.
Decide what exhibits and sketches
you will hand in. Label, initial, and
number them. If they are returned to
you after the trial, preserve them for
possible future use (e.g., pathological
specimens).
Previous to the trial keep all notes
and exhibits under lock and key.
Remember medico-legal evidence is
subject to certain limitations—your
“facts” may be absolute, or probable,
or merely possible (see p. 45).
Refresh the memory from your
clinical or other notes just before giving
evidence rather than when in the
witness box.
Any notes read in the witness box
are open to the inspection of the Court.
They must have been made by you at
the time of the event in question, or
immediately thereafter.
All clinical notes and personal memoranda
should be destroyed upon the
death of a medical practitioner, who
should see that his Will contains such
a direction.
“The best memory is a record made
at the time.”
Make a note on the spot as to the
person examined, the place, the date,
and hour of the commencement of
the examination. Daylight should be
chosen.
If possible, choose a time such that
you can complete the enquiry at one
sitting, as it may be final.
Where criminal charges may arise,
associate the police (and, when
necessary, the relieving officer) with the
case at once. If called by a police-constable,
do not fail to note down his
number (from his collar).
Decline to perform technical processes
which are probably beyond your skill:
thus the Coroner will usually secure
the permission of the County Council
for analyses in suspected poison cases.
Exclude lawyers and curious laymen,
but invite another medical man,
especially if your own previous actions
may be in question.
Whatever you discover must be kept
secret until you give evidence in court.
As a matter of courtesy, the Coroner
may be informed privately, before the
inquest is held, of any unexpected or
grave results; do not, however, inform
press men.
All persons examined physically
must be informed of, and consent to,
the purpose and possible legal consequences.
Never take directions from a third
person (e.g., police, magistrate, employer).
If a further examination may be
necessary (e.g., under an anæsthetic),
that fact should be stated.
Witnesses should be present, especially
in the case of the examination of
females.
Do not send written certificates
to third persons as to the result of the
examination, unless (1) In an open
envelope, having read the certificate to
the patient who takes it to its destination;
(2) After having received the
written consent of the patient so to do.
The payment of the fee by a third
person does not absolve from the rule of
professional secrecy.
The symptoms and feelings of a
patient are sometimes admitted as
(hearsay) testimony from a medical witness,
especially where the former is
dead. Letters from a patient to a
medical man containing such statements
are not allowed.
A confession (which must be quite
voluntary) or a dying declaration
(from the lips of a victim of homicide
convinced of impending death) made in
the hearing of a medical man should be
noted down at once, word for word, and,
in the absence of a magistrate, signed
by all persons present. Should death
be imminent after a criminal assault
(which includes abortion), the medical
man should urge the victim to make
such a dying declaration.
If a patient is sent to gaol or an
asylum, communicate at once, but
privately, with the medical officer
should you know of any mental or
physical abnormality.
Do not order the removal of a
dead body; leave that duty to the police
or to the Coroner’s officer.
Forbid, however, any disturbance of
a body to which you are called until you
have seen it and the circumstances.
1. Where the Coroner orders “evidence
touching the external appearance
of the body, and the cause of the
death”:
The body should be identified in your
presence; if it cannot be identified,
special care must be taken with the
inspection. A photograph should be
taken at once.
The appearance of the corpse, both
when clothed and when stripped, must
be noted.
In all cases the probable time of the
death must be estimated.
The presence and nature of parasites
must be recorded.
Should the cause of death still remain
obscure after a complete inspection,
the Coroner should be informed of
the fact and requested to order an
anatomical post-mortem examination of
the body.
2. Where the Coroner orders a full
post-mortem examination, thus:
“You are required to make or assist in
making a post-mortem examination of the
body, which shall comprise an examination of
the viscera of the head, chest, and abdomen,
and, if necessary, an analysis of the contents
of the stomach, and report thereon at the
said inquest.” As to the analysis, see the
Home Office Circular (Jan. 7, 1903).
The body must not be opened until
the Coroner’s order has been received;
apart from inquests the consent of
relatives must be secured before a
body is dissected.
Wherever manslaughter or murder
is suspected, the Coroner will order a
necropsy as a matter of course.
If the deceased’s friends charge you
with negligence in treatment, you
must not conduct the examination.
Do not commence until the body is
cold; do not delay until marked putrefaction
has set in.
Have all necessary appliances at hand;
having once started do not leave the
room until your final note has been
made and signed.
Do not employ a hammer or a chisel.
Remember that it is dangerous to
attend lying-in women after making an
autopsy.
If the mortuary attendant does the
manual work you must watch each step.
If portions of organs are retained for
subsequent examination, have the fact
witnessed.
In most cases the witness must recite
the report in open court.
For a complete investigation three
sets of facts must be collated:
1. The details of the environment of
the corpse, when and where first seen.
2. The personality and personal history
of the deceased.
3. The result of an exhaustive external
and internal post-mortem examination.
a. The Manner of the Report:
Reports should be short and distinct;
all unnecessary words should be
omitted.
The paragraphs should be numbered:
this facilitates reference.
Names and figures must be written
plainly, and underlined.
Technical terms should be used
only if the report is intended for the
use of a public authority; if used otherwise
they should be explained.
Beware of writing “There is no ...”
when you intend to report “I can find
no....”
Exclude uncalled-for reasons, opinions,
and comments.
“Science is measurement.” Everything
that can be, should be measured.
Anatomical and chronological order and
exactness should be aimed at.
For immediate comparison, quote
easily recognized English standards.
“The sometimes of the cautious is
the often of the sanguine, the always of
the empiric, the never of the sceptic:
but the numbers 1, 10, 100, 1000 have
but one meaning for all mankind.”
In important cases the report should
be type-written in duplicate and signed,
one copy being handed to the Court.
b. The Matter of the Report:
The date and time of day of each
examination, and the names of all persons
present thereat, should be stated.
There must be a very sharp division
made between:
(a) Information received and from
whom—this is hearsay.
“Never believe what a patient says
another doctor said.”
Never sign a certificate to oblige
another practitioner, without personally
examining the patient.
(b) Facts found by personal examination
or under personal supervision.
The results of a complete methodical
external (anterior and posterior) and
internal investigation must be detailed;
the condition of the diseased organs
may be recorded first, the healthy
organs being mentioned after, exhaustively.
After entering all the pertinent facts,
summarize the main points, and conclude
with the probable cause of the
pathological conditions found.
Sign the report, affixing your medical
qualifications and the date; secure
the signature of other medical men who
may be present. While in your care,
keep the report under lock and key.
Append any sketches or photographs,
carefully numbered, which
elucidate the case.
Retain an identical copy of the report
for reference.
All testimony given at this stage is
null and void, and may render the
speaker liable to an action for defamation.
Do not omit to be “sworn”
before speaking.
Should you wish to object to giving
evidence on the grounds:
a. That your fee (for expenses and
loss of time) has not been paid
by the solicitor calling you.
b. That you are unwilling to pose as
able to give “expert opinions.”
c. That you may possibly incriminate
yourself:—
this is the stage at which you should
say so.
There is now complete emancipation
from “the insanitary oath.” For the
sake of public example you should
decline to “kiss the Book” unless you
have brought a Testament with you.
Insist on your right either to affirm or
to swear by the Scots method.[1]
Whatever you say in giving evidence
will not render you open to an action
for slander.
The privilege of a witness under
examination is extended to a witness
making statements to a solicitor preparing
his “proof.”
State your full name and address.
Then say, “I am a registered medical
practitioner”; your exact qualifications
are immaterial.
(Cf. Reports, p. 24.)
“There is matter in manner.” “Tell the truth,
and make the truth tell.” “Be the plainest man
in the world in the witness box.” “All trifles are
not trifling.” “Pathology creates the doctor, as
distinct from the nurse.”
The Manner.
Listen to the whole question before
you attempt to reply: then answer only
what is asked. Make yourself understood.
Don’t assume that the jury know all
about the case.
Speak audibly, slowly, deliberately,
with an eye on the recording clerk’s pen.
Say exactly what you mean.
Cultivate the power of expression and
of repression.
Be candid, courteous, dignified, and
withal good humoured; avoid appearing
to be suspicious.
Your personal disposition will count
more with a jury than your professional
position; they will note looks, doubts,
hesitations, confidence, calmness, consideration,
or precipitancy.
Use simple and popular terms,
otherwise you may be regarded as
speaking “either oracles or jargon.”
Reserve technicalities for cross-examination.
The jury will think they understand
“alcoholic disease of the ...,”
“bad disorder,” “black and blue,”
“black-eye,” “blood clot,” “blood
poisoning,” “bowel,” “brain fever,”
“bruise,” “buoyant lungs,” “cancer,”
“consumptive spots,” “coverings of the
brain,” “death stiffening,” “great
vessel of the heart,” “gullet,” “gut,”
“hardened liver,” “hardening of
valves,” “inflammation or congestion
of the ...,” “overloaded with fat,”
“shrunken kidneys,” “skull-cap,”
“stroke,” “swallow,” “sweet-bread,”
“windpipes.”
Don’t worry about the technical
rules of evidence; in the Coroner’s
Court they are seldom applied strictly.
Insist on answering double-barrelled
questions “Yes AND No” if necessary.
Do not argue with Counsel; “disagree
without being disagreeable.” “A
large experience is not all experience,”
and what you call “a rare case” may
reflect upon your limited experience.
An early “I don’t know” is better
than a late “I did not know.” If you
“don’t know,” do not be trapped into
guessing. Beware of “argumentative
figures.”
The Matter.
If unable to decide as to the cause of
death without a post-mortem examination,
tell the jury so at once; the most
experienced pathologist will do so the
most often. Thus you may tell them,
by way of apology, that any organ of
the body may be ruptured without
external signs of injury being apparent.
Distinguish what you have been
told from what you have found by
personal examination.
A knowledge of the facts differs from
a knowledge of the records of those
facts.
State what you knew professionally
as to the health and the habits of the
deceased, but do not condescend to
detail; it is sufficient to say, “I treated
him,” or “I prescribed;” you need not
specify how unless required so to do.
Don’t offer any explanations unless
directly asked; decline to give “expert
opinion” testimony unless you feel fully
competent so to do.
The jury value evidence by the exactness
of statement of, and the powers of
observation evidenced by, a witness.
Little benefit is gained by cross-examining
one who is obviously telling the
plain truth.
Don’t exaggerate or estimate—“blessed
are the pure in fact” in a law court;
in measurements and descriptions
be accurate, quoting figures where
possible.
You must answer all questions put
to you, excepting such as would tend to
incriminate yourself; before you answer
such questions, the Coroner must warn
you of the possible legal consequences if
you answer.
There are no medical secrets which
may be kept between a patient and his
medical adviser when they are probed
in a court of law: if, however, you
strongly object to answer, appeal to the
President of the Court, or answer in
writing.
Think twice before adversely criticizing
the actions of another medical
man; remember, symptoms and signs
may alter from day to day.
You may not quote text-books of
living authors, but you may say what
authors support your view.
If a text-book is quoted for or against
you, strictly verify the text, the context,
and the date of publication, before
affirming or denying the quotation.
After giving evidence, hand in the
labelled and numbered exhibits which
have been handed to you by the police
or found by yourself. “Real evidence”
is, however, capable of fallacious handling,
e.g., “Here’s the note! I made it
at the time!”—but did you?
It may be wise to take an “anatomical”
skull into court for illustration.
The body of the Coroner’s officer is
always available for ocular demonstrations
to the jury of the sites of injuries,
etc.
If any important point has been
omitted by the questions (e.g., of a
non-medical Coroner), volunteer the
undisclosed information which you
possess.
In conclusion, state the probable cause
of death, especially assuring the jury
if it was, in your opinion, natural; and
if it could have been retarded by efficient
medical advice.
Beware of being didactic on non-medical
matters; such action is a
fruitful source of the “differences of
doctors.”
Before leaving the witness-box, compliment
the conduct of the police or
other persons who rendered worthy
“first aid” to the deceased man.
“The best brief is a copy of the
depositions.” When criminal or civil
proceedings are likely to follow an
inquest, carefully read over and correct
where necessary your depositions as
taken down by the Coroner’s clerk;
initial any alterations you make, then
sign them as a correct record. Never
sign any statement without having
perused it previously.
You can thus readily identify the
depositions later, when you may have
to repeat your evidence in a higher
Court where counsel will have scrutinized
minutely not only the facts stated
but also the facts as stated: and so
will be able to criticize keenly your
second version.
In criminal cases the Coroner will
bind over the medical witness by
recognizance to appear at the trial and
give evidence; usually such cases are
taken first at the Assizes.
II. RULES AS TO FEES. — 1. THE CORONER’S COURT. — 2. CRIMINAL PROCEEDINGS. — 3. CIVIL ACTIONS.
No fee can be claimed for merely
volunteered information, given either
in Court or previously.
If you attend the Court after being
sub-pœna’d, the fee is due, even should
no evidence be called for.
Do not sign a receipt before you have
received the money.
Apart from agreement to the contrary,
an assistant or locum tenens must hand
his fees to his principal.
Where the authorities compel
attendance in the public interest,
definite fees are scheduled: if you
appear on behalf of the prisoner, the
plaintiff, or the defendant, a private
arrangement as to fees (preferably
in writing) must be made between the
solicitor and yourself.
There is no fee allowed for the preliminary
enquiry and report to the
Coroner; he can allow a fee only at an
inquest.
No fee will be paid for an unordered
anatomical post-mortem examination.
Only one medical witness is called
by the Coroner; additional evidence
may be ordered by the inquest jury.
A second fee is not allowed for
attendance at an adjournment.
A post-mortem examination must not
be conducted by one accused on oath
of negligently causing the death in
question.
No fee, for evidence or for post-mortem
examination, is payable to the medical
officers (even if honorary) of voluntary
medical institutions where the deceased
died under the care of the officer; his
attendance may, however, be excused if
he sends a certificate as to the facts to
the Court.
No fee allowed: Lunatic Asylum;
Public Hospital or Infirmary (including
Cottage Hospitals).
Fee usually allowed: Prison; Parochial
Infirmary.
Where the deceased was “brought in
dead,” the usual fees may be claimed
by medical officers of institutions.
Travelling expenses seldom can be
due to medical witnesses at inquests.
In criminal cases the Treasury
may send down recognized experts.
Fees: For giving medical evidence
after inspecting the body: ONE GUINEA.
For giving evidence after performing
a necropsy in accordance with the Coroner’s
order (or upon direction of the
majority of the jury): TWO GUINEAS.
Fine: FIVE POUNDS is the penalty
for disobeying the Coroner’s instructions.
(Vide Home Office Order as to allowances for
professional evidence in criminal prosecutions,
1903.)
For common skilled witnesses in petty
sessional and police courts, at quarter
sessions, and at the assizes, certain
maximum allowances are specified; it
is left to the Clerk of the Court to decide
the actual fee in each case.
For expert testimony or highly
skilled evidence the fee rests with the
Court or the Treasury.
For attending to give professional
evidence in the town or place where
the witness resides or practises: If the
witness
1. Attends to give evidence in one
case only, not more than one guinea
per diem, even if a disagreeable examination
has been necessary in order to
qualify as a witness.
2. Gives evidence on the same day in
two or more separate and distinct cases,
not more than two guineas.
For attending elsewhere than in any
town or place where the witness resides
or practises, whether in one or more
cases, not more than two guineas
per diem. “Place” here means the
area within a radius of three miles from
the Court.
No full-day allowance shall be paid
unless the witness is necessarily detained
away from his home for at least four
hours for the purpose of giving evidence,
otherwise he shall receive not more
than one-half of the full-day allowance.
The fare actually paid is usually
allowed to a witness as travelling expenses.
A medical witness, while staying
within the precincts of the Court, may
be ordered to assist with his professional
services.
In case of dispute, the Home Secretary,
Whitehall, S.W., should be applied
to forthwith.
If your services are required by one
party to a suit, it is for you to arrange
terms; the solicitor is not himself
liable. A guinea per diem usually is
regarded as the minimum fee; travelling
expenses (which should be paid in
cash previous to the journey) are
additional.
You can demand payment (in Court)
before you consent to be “sworn” as a
witness; having been “sworn” you are
bound to give your evidence.