MEDICAL EVIDENCE

EVIDENCE

The means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (Sec. 1, Rule 128, Rules of Court) The species of proof, or probative matter, legally presented at the trial of an issue by the act of the parties and through the medium of witnesses, records, documents, concrete objects for the purpose of inducing belief in the minds of the Court as to their contention (Blacks Law Dictionary)

MEDICAL EVIDENCE

If the means employed to prove a fact is MEDICAL IN NATURE

Admissibility of Evidence

Relevant to the issue

Not excluded by the Rules

Types of Medical Evidences

A. Autoptic or Real B. Testimonial C. Experimental D.Documentary E. Physical

AUTOPTIC OR REAL EVIDENCE

Evidence made known or addressed to the senses of the court Perceived through the senses Limitations:

Indecency and Impropriety sexual crimes Repulsive Objects cadaver, persons suffering from infectious disease

Testimonial Evidence

Oral testimony and under oath The physician as

Ordinary Witness: testifies on matters he perceived from his patient in the course of his treatment Expert Witness: On account of his training and experience, he gives his opinion on a set of medical facts.

He can deduce or infer something, determine the cause of death, render an opinion pertinent to the issue.

WITNESS
NOT DISQUALIFIED

DISQUALIFIED

Parties or other persons interested in the outcome of the case Persons who have been convicted of a crime Persons on account of his opinion on matters of religious belief (Sec. 18, Rule 130, Rules of Court)

Unsound mind Children of tender age and inferior capacity Parties to a case Husband or wife without each others consent Descendant against his parents or ascendant

Privileged Communication (Sec. 21(c), Rule 130, Rules of Court)

A person authorized to practice Medicine, Surgery or Obstetrics cannot in a civil case, without the consent of the patient, be examined as to any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in that capacity, and which blacken the character of the patient.

REQUISITES OF PRIVILEGED INFORMATION BETWEEN PHYSICIAN AND HIS PATIENT

The privilege is claimed in a Civil Case The person against whom the privilege is claimed is one duly authorized to practice Medicine, Surgery or Obstetrics The physician acquired the information while he was attending the patient in his professional capacity, which information was necessary to enable him to act in that capacity The information is confidential and, if disclosed, will tend to blacken the character of the patient.

Hearsay Informations

Not admissible in court A repetition of what a witness heard from other people Second-hand evidence

Dying Declaration

Declaration of a dying person Exception to the non-admissibility of the hearsay evidence Requisites:

The declarant was conscious of his impending death The declaration must be with regards to his impending death The declarant was in full possession of his mental faculties when he made the declaration The evidence is presented in court in a case of homicide, murder or parricide wherein the declarant was the victim

EXPERIMENTAL EVIDENCE

Experiment done on lower animals to prove a scientific fact Example: the issue of how long a person can survive with a lethal dose of poison is duplicated by administration of the poison in lower animals within the view of the court

DOCUMENTARY EVIDENCE

An instrument on which is recorded by means of letters, figures or marks any matter which may be used as evidence Types:

Medical certification or report Medical Expert Opinion Deposition a written record of evidence given orally and transcribed in writing in the form of question (interrogator) and answer (deponent) and signed by the latter.

PHYSICAL EVIDENCE

Articles and materials found in connection with the investigation Aid in establishing the identity of the perpetrator (corpus delicte evidence- part of the body of the crime) Aid in establishing the circumstances under which the crime was committed (associative evidence links a suspect to the crime) Assists in the prosecution of the criminal (tracing evidence- assist in locating the suspect)

Methods of Preserving Evidences

Photographs, Audio-video tape, microfilm,etc Sketching rough sketch, finished sketch Description Manikin Method- miniature model of a scene or of a human body indicating marks of injuries Preservation in the Mind of the Witness Special Methods embalming, use of formalin and other chemical preservatives, refrigeration, drying, sealed container

LOCARDS PRINCIPLE

When a person or object comes in contact with another person or object, there exists a possibility that an exchange of materials will take place.

Kinds of Evidence Necessary for Conviction

Direct Evidence proves the fact in dispute without the aid of inference or presumption Circumstantial Evidence- the fact/facts, singly or collectively, must prove through inference the existence of a particular fact in dispute