Duty of Doctor to attend Court of Law
A Doctor’s
life is no easy. Treating patients, pacifying attendants, co-ordinating with
colleagues, handling life and death situations, gathering resources in
Emergency room, filling case sheets, forms, doing Police intimations and so on.
The story does not end here, receiving summons from the court and making
appearances in the court adds to his worry even more. There is hardly any
doctor who has not received summons for appearing in the court to testify an evidence
or to be an expert witness. Leaving your work, patients and spending entire day
in the court room, handling typical courtroom questions is really a difficult
situation to face. After all who likes being questioned, cross questioned and
treated like an accused? With no training to answer the interrogations in highly
formalized legal language, where framing changes the entire meaning, and
prosecution and cross witness tries to put words in mouth to draw favor, it
feels persecution. And what if you have changed the job or changed your
location?
In this article we will try and address the
importance of Medical witness and power of court in case of non-appearance in
the court of law. Also with advent of digitization role of video call in
witness.
Medical
evidence has always been sought by legal system to conclude cases having
Medico-Legal angle. And the fact is that doctors have tried to avoid the
situation. And even bitter answer it cannot be escaped.
In recent
case of rape of a 10 year old girl in Chandigarh, the High court issued bail
able warrant against the Emergency Medical Officer for not appearing in the
court of law. Refer to the article in ET for reference
Now let us understand the role of Expert witness,
An expert witness is defined as a person especially skilled in foreign
law, science or art, etc. who helps the court in forming opinion on that point.
(Indian Evidence Act 1872 section 45).An expert witness, by virtue of
education, profession, publication or experience, is believed to have special
knowledge of his subject beyond that of the average person, sufficient that
others may officially and legally rely upon his opinion. In general, witnesses
may only give evidence of fact and not an opinion. An expert however, is
permitted to offer his opinion as evidence.
The objective of the expert witness is to support the proper
administration of justice and the early resolution of dispute through fair and
unbiased expert evidence.
As a process the court issues summon which is to be acknowledged by
the doctor or hospital authority. There are two kind of summons, one issued in
the name of hospital or nursing home and the other issued in the name of
EMO/Attending consultant. If the summon is name of the hospital it is
obligation of the hospital to make representation in the court. But if it is in
individual capacity, the doctor has to attend it. If he fails to attend on the
first time he has furnish reason of absence on previous hearings under oath in
the court of law, which if may found false the doctor may be prosecuted for the
same. In case he fails to appear subsequently the court may issue bail able or
non-bail able warrant based on the judicial powers and merit of the case.
The court has taken serious view of the time of the witness and issued
guidelines on video witness. The link to the same is mentioned below and can be
submitted as a request to the judicial officer.
Doctors have a huge responsibility and their witness have the
authority to change the progress and outcome of any case.
Human progress is neither automatic nor inevitable... Every step
toward the goal of justice requires sacrifice, suffering, and struggle; the
tireless exertions and passionate concern of dedicated individuals.
Martin
Luther King, Jr.
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