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Medico Legal Testimony Admissibility
Summary
The admissibility of medico-legal testimony can be challenged if it relies solely on medical records without direct examination, especially if there is a significant time gap between the incident and examination. Contradictory statements regarding the issuance of a final medico-legal certificate can further impact credibility. These factors may be grounds for questioning the admissibility of the testimony in court. Consider consulting a local attorney for specific legal advice on challenging expert witness testimony.Full Conversation
What can we conclude here
From the transcript provided, it appears that Dr. Rodel V. Capule served as a Medico-Legal Officer who examined the complainant four months after an incident. The examination was based on medical records from the initial treatment at Makati Medical Center.
Key points:
- The examination was conducted 4 months post-incident.
- Findings were based on existing medical records.
- The purpose was to secure a medico-legal certificate.
This information can be crucial in understanding the reliability and relevance of the medical findings in a legal context. What specific aspect of this examination or testimony are you concerned with?
Key points:
- The examination was conducted 4 months post-incident.
- Findings were based on existing medical records.
- The purpose was to secure a medico-legal certificate.
This information can be crucial in understanding the reliability and relevance of the medical findings in a legal context. What specific aspect of this examination or testimony are you concerned with?
Does this imple dr is not credible
From the transcript, Dr. Capule's findings were based on medical records and not a direct examination of the complainant at the time of the incident.
Key points to consider:
- The examination was conducted 4 months post-incident.
- Findings were based on existing medical records.
- No direct observation of the initial injuries.
This doesn't necessarily discredit the doctor's findings but might affect the weight of his testimony. Are you questioning the credibility of the findings due to the time gap and reliance on records?
Key points to consider:
- The examination was conducted 4 months post-incident.
- Findings were based on existing medical records.
- No direct observation of the initial injuries.
This doesn't necessarily discredit the doctor's findings but might affect the weight of his testimony. Are you questioning the credibility of the findings due to the time gap and reliance on records?
Add this
It seems that Dr. Capule's credibility is being questioned because his findings were based on medical records rather than a direct examination of the complainant at the time of the incident. This can affect the weight of his testimony in court.
Would you like more information on how the time gap and reliance on medical records can impact the credibility of an expert witness in your jurisdiction?
Would you like more information on how the time gap and reliance on medical records can impact the credibility of an expert witness in your jurisdiction?
Q: Your Honor may I? I’m just referring after the issuance of the medico-legal certificate, you were not able to check or see the private complainant, Mr. Bernardo?
A: No, as I have said earlier, he did not make a follow-up.
Q: So you were not aware as to how long did the allege injuries sustained by Mr. Bernardo, healed?
A: I have no basis to make a final determination of that.
Q: So you have no also personal knowledge if the accused was indeed incapacitated for work for a period more than ninety (*) days?
A: As said, he did not make a follow-up, so there’s no way I could establish that.
Q: And the same, you have no personal knowledge if Mr. Bernardo actually needed medical attention for a period more than (*) days?
A: Yes, you are correct there. My interim medico legal certificate is a mere estimate of a period.
From the information provided:
- Dr. Capule's findings were based on medical records from the initial treatment, not a direct examination shortly after the incident.
- The time gap and lack of follow-up might affect the weight of his testimony.
- The validity of his findings may be questioned due to these factors.
Would you like more details on how to challenge or support the credibility of expert witness testimony in court?
- Dr. Capule's findings were based on medical records from the initial treatment, not a direct examination shortly after the incident.
- The time gap and lack of follow-up might affect the weight of his testimony.
- The validity of his findings may be questioned due to these factors.
Would you like more details on how to challenge or support the credibility of expert witness testimony in court?
Q: So, when the complainant went to your clinic or office, what was the purpose? Was it to secure a medico legal certificate or for the purpose of having a medical consultation with you?
A: We term it as a medico legal consultation but of course, after 4 months, these findings are no longer present at that time, I simply relied on the medical records, which was generated during his emergency room visit at Makati Medical Center.
TRANSCRIPT OF STENOGRAPHIC NOTES
* March *
Page * of *
COURT: And during the time of the examination, were any apparent or visible injuries manifesting on the private complainant?
WITNESS: At that time you Honor, I could no longer appreciate any of the injuries stated in his medical records made on January *, *.
It seems that the reliability of Dr. Capule's findings might be questioned due to the following points:
- Examination occurred 4 months post-incident.
- Findings were based solely on medical records.
- No follow-up examinations were conducted.
These factors might affect the credibility and weight of his testimony in court. Are you looking to challenge his testimony or need more information on expert witness credibility?
- Examination occurred 4 months post-incident.
- Findings were based solely on medical records.
- No follow-up examinations were conducted.
These factors might affect the credibility and weight of his testimony in court. Are you looking to challenge his testimony or need more information on expert witness credibility?
ATTY. PANTALEON:
Q: Did you make a subsequent medico legal certificate to certify that the private complainant suffered injuries, mentioned in the interim medico legal certificate?
A: As far as I could remember, I only issued an interim medico legal certificate…
TRANSCRIPT OF STENOGRAPHIC NOTES
* March *
Page * of *
COURT:
Q: Why only a interim medico legal certificate, Sir? Bakit po interim lang?
A: The patient did not make a follow-up with me regarding the issuance or in connection with the issuance of the final medico legal certificate
(Emphasis Supplied.)
TRANSCRIPT OF STENOGRAPHIC NOTES
* March *
Page * of *
ATTY. SICCUAN:
Q: You mentioned a while ago that you are not the one who, there was no follow up check up, you did not make any follow-up check up to the private complainant, am I correct Mr. Witness?
A: The patient did not make a follow-up in terms of issuance of the final medico legal certificate
ATTY. PANTALEON:
Q: Did you make a subsequent medico legal certificate to certify that the private complainant suffered injuries, mentioned in the interim medico legal certificate?
A: As far as I could remember, I only issued an interim medico legal certificate…
TRANSCRIPT OF STENOGRAPHIC NOTES
* March *
Page * of *
COURT:
Q: Why only a interim medico legal certificate, Sir? Bakit po interim lang?
A: The patient did not make a follow-up with me regarding the issuance or in connection with the issuance of the final medico legal certificate
(Emphasis Supplied.)
TRANSCRIPT OF STENOGRAPHIC NOTES
* March *
Page * of *
ATTY. SICCUAN:
Q: You mentioned a while ago that you are not the one who, there was no follow up check up, you did not make any follow-up check up to the private complainant, am I correct Mr. Witness?
A: The patient did not make a follow-up in terms of issuance of the final medico legal certificate
Will these exerpts strengthen a demurrer ?
The excerpts provided can potentially strengthen a demurrer, as they highlight several key points that may question the credibility and weight of Dr. Capule's testimony:
- Examination conducted 4 months post-incident.
- Findings based solely on medical records.
- No follow-up examinations were conducted.
- Interim medico-legal certificate issued without a final one.
Would you like more information on how to effectively present these points in a demurrer?
- Examination conducted 4 months post-incident.
- Findings based solely on medical records.
- No follow-up examinations were conducted.
- Interim medico-legal certificate issued without a final one.
Would you like more information on how to effectively present these points in a demurrer?
The mlo stated that there is no final medico legal then the next hearing, he said there is
To clarify, if the Medico-Legal Officer (MLO) initially stated there was no final medico-legal certificate and then later contradicted this, it could affect his credibility.
Key points to consider:
- Contradictory statements about the final medico-legal certificate.
- Examination conducted 4 months post-incident.
- Findings based solely on medical records.
Would you like more details on how to challenge the credibility of the MLO's testimony based on these contradictions?
Key points to consider:
- Contradictory statements about the final medico-legal certificate.
- Examination conducted 4 months post-incident.
- Findings based solely on medical records.
Would you like more details on how to challenge the credibility of the MLO's testimony based on these contradictions?
No, id like to ask if these statements are ground for the medico legal be inadmissible
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