EXAMINATION OF THE LIVING - GENERAL PRINCIPLES (FROM NEW POLICE SURGEON - A PRACTICAL GUIDE TO CLINICAL FORENSIC MEDICINE, 1978, BY H S BURGES AND J E HILTON - SEE NCJ-61742)

• NCJ Number: 61747
• Author(s): M CLARKE
• Date Published: 1978
• Length: 36 pages
• Corporate Author: Hutchinson Benham Ltd
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

POLICE SURGEON EXAMINATION OF LIVING PERSONS IS DISCUSSED; TOPICS INCLUDE PRIMARY CONSIDERATIONS, CONSENT, FITNESS, PRESENCE OF A THIRD PARTY, NEGLIGENCE, PROFESSIONAL SECRECY, PRIVILEGE, AND THE EXAMINATION.

Abstract

THE POLICE SURGEON MAY BE ASKED TO UNDERTAKE AN EXAMINATION BY THE POLICE, BY THE PERSON TO BE EXAMINED, BY A PERSON'S RELATIVES, OR BY OTHER AGENCIES. WHEN HE APPEARS IN COURT, THE POLICE SURGEON USUALLY IS CALLED BY THE PROSECUTION; HOWEVER, NO MATTER ON WHOSE BEHALF AN EXAMINATION IS MADE, OR EVIDENCE GIVEN, THE POLICE SURGEON MUST BE IMPARTIAL. WHEN SEEING A PERSON, WITNESS OR SUSPECT, FOR THE FIRST TIME, THE POLICE SURGEON SHOULD BE IDENTIFIED TO THE PATIENT'S SATISFACTION. NO PERSON, IN CUSTODY OR OTHERWISE, IS OBLIGED TO SUBMIT TO MEDICAL EXAMINATION OR TREATMENT. CONSENT, WHEN GIVEN, MAY BE EXPRESS OR IMPLIED; IF EXPRESS, IT MAY BE EITHER IN WRITING OR VERBAL. CONSENT SHOULD BE OBTAINED FROM A RELATIVE IN CASES OF PATIENTS UNDER AGE. POLICE SURGEONS ARE FREQUENTLY ASKED TO EXAMINE PRISONERS TO DETERMINE THEIR FITNESS FOR CUSTODY. EXAMINATIONS ARE ALSO REQUESTED FOR FITNESS TO STAND TRIAL, TO GIVE EVIDENCE, TO MAKE A STATEMENT, AND TO SERVE ON A JURY. DURING ALL SUCH EXAMINATIONS, THE PRESENCE OF A THIRD PARTY IS THE POLICE SURGEON'S BEST PROTECTION AGAINST ACCUSATIONS OF MALPRACTICE. AS IN ALL BRANCHES OF MEDICINE, THE POLICE SURGEON MUST SHOW A REASONABLE STANDARD OF CARE AND SKILL TO THOSE HE SEES. PREPARATION FOR THE EXAMINATION ITSELF SHOULD BE ADEQUATE. DOCUMENTATION, ACCURATE HISTORY-TAKING, PHOTOGRAPHIC RECORDS, AND SPECIAL EXAMINATIONS WHEN INDICATED, E.G., CHEMICAL SCREENING CONSTITUTE IMPORTANT COMPONENTS OF THE EXAMINATION. FOLLOWING THE EXAMINATION THE POLICE SURGEON MAY HAVE TO DECIDE ON THE PRISONER'S FITNESS FOR CUSTODY AND SUGGEST THE APPROPRIATE COURSE OF ACTION TO BE TAKEN, SUCH AS THE RECOMMENDATION FOR SPECIAL OBSERVATION IN THE CASE OF A POTENTIAL SUICIDE. ALL REPORTS AND RECOMMENDATIONS SHOULD BE COMPREHENSIVE, PRECISE, AND IMPARTIAL. SAMPLE CONSENT FORMS AND A FLOW CHART ARE INCLUDED IN THE CHAPTER. (LWM)