HOW IS MEDICINE RELATED TO LAW?

CRIM: Proving the cause or time of death.

CIVIL: Cause of Death/Injury.
LABOR: Validity of sickness which may lead to an employees termination.
REMEDIAL: Cause of action/How to prove the innocence or guilt of the
defendant/accused.
EVIDENCE is the means sanctioned by the Rules of Court of ascertaining in a
judicial proceeding the truth respecting a matter of fact.
If the means employed to prove a fact is medical in nature, then it becomes
MEDICAL EVIDENCE.
TYPES OF EVIDENCE
1. RELEVANT: The evidence should have a relation to the fact in issue as to
induce belief in its existence; directed to the matters in dispute. (Ex. Birth
cert to prove minority of the victim)
2. COMPETENT: Evidence that is not excluded by the Rules. (Opinion of
witness, unless expert or ordinary witness who has adequate knowledge or
sufficient familiarity)
3. DIRECT: Evidence which proves a fact without the need to make an inference
from another fact. (Testimony of a sole eyewitness, so long as it is clear and
worthy of credence)
4. CIRCUMSTANTIAL: Evidence that indirectly proves a fact in issue through an
inference which the fact finder draws from the evidence established. (T-shirt
allegedly owned by the accused found in the crime scene with blood spatter)
5. CUMULATIVE: Evidence of the same kind and character which tends to
prove the same proposition. (3 witness testifying regarding the same alleged
crime)
6. CORROBORATIVE: Additional evidence of a different character to the same
point. (Positive result of a paraffin test, finger print on the gun, and testimony
of a witness//)
7. POSITIVE: Evidence/testimony that affirms the happening of an event.
8. NEGATIVE: Evidence/testimony which states an event did not occur.
TYPES OF MEDICAL EVIDENCE
1. AUTOPTIC OR REAL addressed to the senses (see, hear, smell, touch, or
taste) of the Court.
Limitations: Indecency and Impropriety. But repulsive objects or those
offensive to the sensibilities may still be presented if necessary for adjudication of
the case depending on the sound discretion of the court.

2. TESTIMONIAL doctor as a witness.

a. ORDINARY WITNESS - A physician who testifies in court on matters he
perceived from his patient in the course of physician-patient
relationship; with the patients consent.
b. EXPERT- a physician on account of his training and experience can give
his opinion on a set of medical facts. He can deduce or infer
something, determine the cause of death, or render opinion pertinent
to the issue and medical in nature.
3. EXPERIMENTAL - if allowed by the Court to confirm or corroborate.
Ex. Administration of poison to an animal to show how long can a person
survive after the same poison.
4. DOCUMENTARY - writing or any material containing letters, words, numbers,
figures, symbols or other modes of written expression offered as proof of their
contents.
EX: Medical Certificate such as medical exam, autopsy, laboratory results, or
birth/death certificate.
5. PHYSICAL - articles and materials found in connection with the investigation
and which aids in establishing the identity of the perpetrator or the
circumstances under which the crime was committed, or in general assist in
the prosecution of a criminal.
a. Corpus Delicti objects or substances which may be part of the body
of the crime. (EX: Bloody knife or underwear with semen)
b. Associative evidence that may link the suspect to the crime. (EX:
Hair strand or finger prints found at the crime scene)
c. Tracing evidence evidence that may assist the investigator in
locating the suspect. (EX: GPS of the vehicle used to escape or mobile
phone tracker)