Presenting evidence for the court

Issue title: Forensic Pharmacovigilance

Article type: Research Article

Authors: Hartigan-Go, Kenneth

Affiliations: Center for Development Management, Asian Institute of Management, Makati City, Philippines. E-mail: [email protected]

Abstract: The medical doctor is sometimes called upon to serve in the courts as expert witness. The work is challenging and has serious implications for the legal and justice system. The outcome of a case may adversely affect the lives of real people when the evidence is not presented appropriately. However, there is reluctance from doctors to participate in the court process. The health professional may not be trained in the art of being a court witness and while scientifically qualified, may not provide the due diligence in explaining the issues properly to the members of the court. Some of the issues that may affect the outcome of a legal case include late discovery of conflicts of interest, inability to communicate well and stick to scientific facts, the inefficiencies of the legal system, and testifying against a medical colleague. There is merit to recommend that all medical doctors must undergo theoretical and practical training when presented as expert witness in courts. Five cases are presented here as illustrations of doctors involved in court cases.

Keywords: Expert witness, medical evidence, justice system, pharmacovigilance

DOI: 10.3233/JRS-2012-0554

Journal: International Journal of Risk & Safety in Medicine, vol. 24, no. 1, pp. 59-63, 2012