The Hindu : Tamil Nadu News : Dying declaration a vital evidence

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Wednesday, Mar 19, 2008
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Tamil Nadu

Tamil Nadu

Dying declaration a vital evidence

Expert also lays stress on accident register

MADURAI: The statements of victims in a very serious condition recorded by medical practitioners will be considered a vital piece of evidence as the dying declaration, according to R. Mohandoss, Registrar (Judicial), Madurai Bench of the Madras High Court.

Addressing a continuing medical education programme organised by the Department of Cardio Vascular Sciences, Meenakshi Mission Hospital and Research Centre here last week, he said whenever victims were brought in a serious condition, doctors had the responsibility of informing the nearest magistrate through the police for recording the dying declaration.

If the condition of the victim was very serious doctors could themselves record the statement.

Emphasising the significance of making a careful note of all the facts observed, he said medical practitioners had to develop the habit of exercising utmost caution while recording the statement, as they would be the first person to whom the injured victim was expected to give information about the time, manner and place of assault, besides the weapon used.

Medical negligence

The accident register issued by the doctors assumed importance in order to corroborate the evidence of eyewitnesses and injured witnesses. Hence, much care should be taken to prepare the accident register while examining the victims of medico-legal cases, he said.

Highlighting cases demanding compensation from the medical fraternity for medical negligence, he said “to prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which, in the given facts and circumstances, no medical professional in his ordinary senses and prudence would have done or failed to do…”

Civil liability

As far as civil liability was concerned, the inviolable nature of the patient’s rights, with regard to his or her body and his or her right to decide whether he or she should undergo particular treatment or surgery or not, should be considered, he said.

“If any unauthorised additional or further treatment is necessary in order to save the life or preserve the health of the patient, it would be reasonable (as contrasted from being merely inconvenient) to delay further procedure until the patient regains consciousness and takes a decision, and the doctor cannot perform such a treatment without the consent of the patient,” Mr. Mohandoss said.

C.S. Vijayashankar, cardio thoracic surgeon, Apollo Hospitals, Chennai; A.R. Raghuram, cardio thoracic surgeon, MMHRC; S. Kumar, cardiac anaesthesiologist of MMHRC; R. Sivakumar and S. Selvamani spoke.

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