Notes for E-Journal - Authors
Legal Medicine Journal aims to present reviews, research, case reports and opinions on all aspects of legal medicine. Authors are invited to submit any work that will contribute to the development of Legal Medicine within Australia and worldwide. The journal publishes original research articles, critical reviews, editorials, short articles on ethics, case reports, letters to the editor and audio and video reviews in the broad area of legal medicine. Papers accepted become copyright of the journal. All articles are reviewed by at least two referee's expert in the field of the submitted paper. Click on the following link for authors guidelines
Steps Involved in the Process of Preparing a Legal-Medical Report
The Australasian College of Legal Medicine (ACLM) established an Expert Witness Program designed specifically to teach doctors, dentists and others in the medical and allied health care spheres how to cope with being an expert witness. As part of this ACLM course the curriculum includes exposure to a lecture by an experienced expert who delineates his or her approach to the task. When I offered my personal views, as someone who has a number of years experience, as an expert witness, the suggestion was made that this concept should be documented in the form of a publication in the ACLM e-journal.
Medical Indemnity Insurance 2006
Today professional indemnity insurance (PII) is part of every day life and it is surprising, therefore, to learn that it is a relative newcomer in the insurance world. To read more on Jonathan Burdon's paper click the link below.
Narcissism, Malignant Narcissism and Murder
The purpose of this composition is to essay an explanation, in terms of present day psychodynamic theory, of apparently inexplicable human behaviour. Implicit in psychodynamic theory is the concept of mental mechanisms operating unconsciously. The term 'psychodynamic' is used synonymously with 'psychoanalytic' - psychoanalytic theory being just that - theory - and not to be confused with the so-called treatment of Psychoanalysis, the efficacy of which is becoming increasingly questioned.
Claims Against Dentists
Introduction
Dentists are subject to claims being made against them by patients and others. A claim can be described as –
The assertion of a right or demand to a right to property or to a remedy, a cause of action, the grounds in pleadings upon which relief is claimed : Read v Brown (1888 )
A patient will usually choose to make a claim in one or other of three venues. These are the Health Services Commission (HSC), the Dental Practice Board of Victoria and the courts.
The aim of this paper is to review the general nature of claims against dentists in each of these areas and give some specific examples.
View PDF
Medical Confidentiality - an overview from a UK Perspective
Medical confidentiality is essential for a healthy doctor-patient interaction. Properly exercised, it enhances patients' privacy and autonomy, their trust in their doctor, and ultimately the care that they receive. Being informed by moral, ethical and legal constructs, medical confidentiality may assume the form of an absolute rule or one that is strict with working exceptions. Each rule-type confers distinct advantages and disadvantages on the individual patient. The UK subscribes to a strict confidentiality rule which, with respect to the protection of the individual, is largely governed by professional ethics. The law in this area is piece-meal and lacks adequate direction. Where direction is provided, in many instances it is seen to favour a strong public 'ownership' over confided information, with protection of the individual taking second place. The Human Rights Act 1998 may provide for a future challenge in these respects.
Drug withdrawal, its management and fitness for interview and court
My name is Liz Culliford. I have been involved in the medical and forensic management of prisoners in police custody since 1987, initially part time as a GP/GMO and for the last 8 years, as a full time GMO. At present I work as a Senior Forensic Medical Officer in the Logan District in South east Queensland. Since the eighties I have seen major changes occur both in the incidence of drug dependence in offenders, the understanding of the medico-legal issues of drug dependence and the quality of care provided to drug dependent prisoners in custody.
Sexual Assault Management - the past, present and future
My name is Liz Culliford. I work in the Clinical Forensic Medicine Unit at Queensland Health as a Senior Forensic Medical Officer. This is a description of my personal journey in forensic management of sexual assault victims. Although my experience has been in Queensland many of the issues I will discuss are common throughout Australia and overseas.
Identifying Adult Survivors of Child Sex Abuse
Because sexual abuse of children is frequently not reported at the time it occurs the prevalence is difficult to estimate accurately. This unwanted sexual contact may vary in severity from a single episode of indecent assault by a stranger to ongoing repeated sexual assault involving repeated full sexual intercourse by a family member.
Duty of Care - The Need for Informed Consent
The duty of care owed to a patient in Australia in no longer protected by the Bolam Principle. Bolam accepted that peer pressure was an appropriate measure of the care required in any given circumstance. Recent Australian decisions indicate that the court will decide what constitues appropriateness of such care. Thus doctors lack a useful barometer with which to guage their behaviour and must assume that they are vulnerable hence needing to practice defensive medicine.
Point of View - Examining a foreign system of justice and court proceeding - different to the Australian experience
This paper reports personal observations in an Austrian lower court case and compares these to the Australian legal system.
Your email inquiries are most welcome: admin@legalmedicine.com.au
Medical Expert Opinion Evidence
The purpose of this paper by Paul Pentony is to briefly discuss the role of medical expert opinion evidence.
Expert Witness Intensive
The purpose of this paper by Bruce Corkhill QC is to speak about expectations of a witness from the point of view of a lawyer.
It is neccessary first to have a very clear understanding as to the developed rules that exist for the leading of expert evidence in a Tribunal or Court. Necessarily, then, one has to refer to those legal provisions - noting that new provisions have just come into effect, on 1 August 2007 under the Evidence Act 2006.
Having discussed those rules, I will explore the practical expectations which a lawyer has, when obtaining and preparing an expert for the giving of evidence; and outline some of the steps often taken in the preparatory phase.
View PDF
Legal Medicine Journal
Please click here to view the official journal of the Australasian College of Legal Medicine. The journal contains twenty-one abstracts.