Featured Research

from universities, journals, and other organizations

The role of medical expert witnesses: the Goudge Inquiry

Date:
December 21, 2009
Source:
Canadian Medical Association Journal
Summary:
The role of a medical expert witness needs to be strictly defined and carefully controlled during legal proceedings and physicians need to be aware of their role, states an analysis of the Goudge Inquiry into pediatric forensic pathology.

The role of a medical expert witness needs to be strictly defined and carefully controlled during legal proceedings and physicians need to be aware of their role, states an analysis of the Goudge Inquiry into pediatric forensic pathology published in CMAJ (Canadian Medical Association Journal).

The Inquiry into Pediatric Forensic Pathology by Justice Stephen Goudge looked into the flawed expert testimony of Ontario pathologist Dr. Charles Smith which has been linked to several miscarriages of justice, including the wrongful conviction of Sherry Sherret-Robinson that was overturned by the Ontario Court of Appeal in December 2009.

"Several commentators have suggested that, when the adversarial system is working as it should, our courts are a robust forum for highlighting matters of scientific controversy," write the authors. "Goudge's report is a tragic narrative of the mischief that results when the system is not functioning effectively."

In the CMAJ analysis, the Honourable Frank Iacobucci and coauthor Graeme Hamilton describe 4 reasons to carefully control the use of expert witnesses, a 4-part test for determining legal admissibility of expert evidence and summarize Justice Goudge's concerns over how pathologists interact with the Canadian legal system. They also include recommendations from the Goudge Inquiry on the role of the expert medical witness.

They conclude that for the legal system to function well, each participant must do their part. "Expert witnesses must give fair, objective and impartial testimony, irrespective of whether they have been retained by a party or appointed by the court. They must also be sensitive to the vulnerabilities of the system and do their utmost to present evidence in a manner than ensures its intelligibility."


Story Source:

The above story is based on materials provided by Canadian Medical Association Journal. Note: Materials may be edited for content and length.


Cite This Page:

Canadian Medical Association Journal. "The role of medical expert witnesses: the Goudge Inquiry." ScienceDaily. ScienceDaily, 21 December 2009. <www.sciencedaily.com/releases/2009/12/091221123317.htm>.
Canadian Medical Association Journal. (2009, December 21). The role of medical expert witnesses: the Goudge Inquiry. ScienceDaily. Retrieved July 23, 2014 from www.sciencedaily.com/releases/2009/12/091221123317.htm
Canadian Medical Association Journal. "The role of medical expert witnesses: the Goudge Inquiry." ScienceDaily. www.sciencedaily.com/releases/2009/12/091221123317.htm (accessed July 23, 2014).

Share This




More Science & Society News

Wednesday, July 23, 2014

Featured Research

from universities, journals, and other organizations


Featured Videos

from AP, Reuters, AFP, and other news services

Boeing Ups Outlook on 52% Profit Jump

Boeing Ups Outlook on 52% Profit Jump

Reuters - Business Video Online (July 23, 2014) Commercial aircraft deliveries rose seven percent at Boeing, prompting the aerospace company to boost full-year profit guidance- though quarterly revenues missed analyst estimates. Bobbi Rebell reports. Video provided by Reuters
Powered by NewsLook.com
9/11 Commission Members Warn of Terror "fatigue" Among American Public

9/11 Commission Members Warn of Terror "fatigue" Among American Public

Reuters - US Online Video (July 22, 2014) Ten years after releasing its initial report, members of the 9/11 Commission warn of the "waning sense of urgency" in combating terrorists attacks. Mana Rabiee reports. Video provided by Reuters
Powered by NewsLook.com
CDC Head Concerned About a Post-Antibiotic Era

CDC Head Concerned About a Post-Antibiotic Era

AP (July 22, 2014) Sounding alarms about the growing threat of antibiotic resistance, CDC Director Tom Frieden warned Tuesday if the global community does not confront the problem soon, the world will be living in a devastating post-antibiotic era. (July 22) Video provided by AP
Powered by NewsLook.com
Courts Conflicted Over Healthcare Law

Courts Conflicted Over Healthcare Law

AP (July 22, 2014) Two federal appeals courts issued conflicting rulings Tuesday on the legality of the federally-run healthcare exchange that operates in 36 states. (July 22) Video provided by AP
Powered by NewsLook.com

Search ScienceDaily

Number of stories in archives: 140,361

Find with keyword(s):
Enter a keyword or phrase to search ScienceDaily for related topics and research stories.

Save/Print:
Share:

Breaking News:
from the past week

In Other News

... from NewsDaily.com

Science News

Health News

Environment News

Technology News



Save/Print:
Share:

Free Subscriptions


Get the latest science news with ScienceDaily's free email newsletters, updated daily and weekly. Or view hourly updated newsfeeds in your RSS reader:

Get Social & Mobile


Keep up to date with the latest news from ScienceDaily via social networks and mobile apps:

Have Feedback?


Tell us what you think of ScienceDaily -- we welcome both positive and negative comments. Have any problems using the site? Questions?
Mobile: iPhone Android Web
Follow: Facebook Twitter Google+
Subscribe: RSS Feeds Email Newsletters
Latest Headlines Health & Medicine Mind & Brain Space & Time Matter & Energy Computers & Math Plants & Animals Earth & Climate Fossils & Ruins