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Saturday, January 28, 2012

Opinion The question of giving an opinion is a thorny one.

The question of giving an opinion is a thorny one.
The police surgeon is a professional witness, and as such the court has the right to expect the medic
to give a presentation of the appropriate "history", "examination" and "diagnosis

The last of these constitutes the opinion in a forensic case.
Giving an opinion or interpretation of ones own findings in the light of the history given at the time
of the examination, or in the light of an alternative aetiology presented in court is part of the duty of
a professional witness. Such duty does not carry the appelation to convert the witness into an expert.
Early in these guidelines the caveat of "opining too far" was referred to. The professional witness
who is asked to go further than considering only his/her own findings and is asked to look at other
clinical or scientific documents is then being asked to give an expert opinion. The doctor should not
permit him/herself to be pressurised into opining on such material without the time to give it due
consideration and thought. Such consideration of alternative medico-scientific material is asking, of
the doctor, an expert's countenance, and the doctor has a right to be expected to be treated as such.
Extreme caution is advised to any doctor who accepts such a responsibility, to ensure that they have
the appropriate qualifications and experience to complete the task. The doctor who can say quite
simply that a certain topic is beyond or without their experience, does a favour to the court and the
forensic profession. He/she also strengthens the acceptability of those areas on which they are
prepared to opine.

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