Doctor in the Witness Box

Witness- General concept and types

A witness is a person who gives evidence regarding
facts.
Two types of witnesses:
1. Common Witness- A person who gives evidence
about facts observed or perceived by him/her.
2. Expert Witness- A person who has been trained or is
skilled or has knowledge, experience or education in
technical or scientific subjects, and capable of drawing
opinions and conclusions from the facts observed by
himself, or noticed by others.
Doctor as Witness
A Doctor can be both common and expert witness.

As a common witness- Describes wounds of body

As an expert witness- Describes wounds as
1. Ante-mortem/ Post-mortem
2. Homicidal/ Suicidal/ Accidental
3. Or gives opinion regarding the cause of death.
Rules for Doctor in Witness box
1
Be well
prepared with
the details of
your evidence
before entering
the box. This is
helpful in the
cross
questioning.
2
Take all
records, and
relevant
reports to
witness box.
3
The records
should be in
chronological
order.
4
Never attempt
to memorize.
5
Use simple
language,
avoid
technical
terms to the
best of your
ability.
6
Avoid
superlatives
and
exaggerations.
7
Avoid
difference
between the
record and
the testimony.
8
Do not avoid
questions.
9
Retain
independence
of your mind.
Speak only of
facts which
come within
your personal
knowledge.
10
Do not alter
the findings to
what is said in
the statement
to be facts. The
doctor should
“tell it as it is”
and should not
choose sides.
11
Express an
opinion from
your own
knowledge and
experience. Be
prepared to
give reasons
for your
opinions if
asked.
12
When the
opinion relates
to quantity or
number, it
should be
stated within
certain limits,
unless an exact
answers can be
given.
13
Avoid
speaking on a
subject in
which you
have a little or
no practical
knowledge.
14
When asked
to comment
upon the
competence
of a colleague,
avoid any
insulting
remarks.
15
When lawyer
quotes a
passage from
a textbook,
and asks the
witness
whether he
agrees with it,
the doctor
must always
take the
precaution
before
answering.
16
Statements
contained in
the older
editions of
text books
need not be
accepted, as
medicine
advances.
17
As a expert
witness, a
medical
practitioner
may volunteer
a statement, if
he/she thinks
that injustice
will result if he
fails to make
the statement.
Thank you…