Medicine and law
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Forensic medical services in South Africa are rendered by state-employed district surgeons and forensic pathologists, who are obliged to utilize the physical infrastructure and personnel of the South African Police in their examinations. Recent highly publicized incidents have (again) highlighted the alleged involvement of the South African Police and/or state security forces in political killings and deaths in custody. The perception has arisen that the South African Police is often a party to a dispute and yet may have virtually unlimited access to evidence and findings, thereby gaining unfair advantage and opportunity for prejudicing the eventual outcome of the investigation. ⋯ It is imperative that the public and the courts perceive the rendering of medicolegal services to be independent and scientifically objective. A model is proposed for the restructuring of medicolegal services in South Africa so as to be autonomous and without the integral involvement of the South African Police. Regard should be had to the opportunity for change now presenting itself in South Africa.
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Five cases of lethal injuries caused by gas or warning firearms are discussed. In one suicide case a modified weapon (elongated barrel) and steel bullets were used to fire a shot into the head, the bullets lodged in the skull and lethal bleeding resulted. ⋯ Two of these cases were suicides (temporal contact shot and back of the neck contact shot), one was an accident (inguinal contact shot with lethal bleeding), and one was an attack by another person with a contact shot against the neck with bilateral tears of the hypopharynx. After successful surgery, a delayed death occurred 12 days later caused by bleeding into the airways from the ruptured external carotid artery.
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The suspension of doctors in the National Health Service by health authorities, often for long periods for what appear to be trivial reasons, while inquiries into allegations are pending seems to have become an increasing problem in the United Kingdom. In some cases the hearing has been conducted years after the suspension. This situation caused the Society of Clinical Psychiatrists to establish a study group with the aim of producing a fact-finding report into what appeared to be a growing abuse of procedures. This article presents a summary of the study group's findings and the lessons to be learned from this disturbing bureaucratic phenomenon.
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This article examines to what extent the Austrian Supreme Court is willing to apply the theory of informed consent and wrongful birth. In the decision at issue the judges came to the conclusion that a physician need not inform about every single risk of medical therapy. With regard to wrongful birth, the court left open for further discussion whether maintenance costs which were caused by a physician's negligent conduct are a matter of compensation.
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Doctors in New Zealand may be prosecuted for manslaughter if patients die as a consequence of the doctor's failure to exercise reasonable knowledge, skill and care. The requirement to use reasonable knowledge, skill and care has been held to be breached in New Zealand if a doctor is merely careless. No distinction is made between 'criminal negligence' and the negligence standard applicable in civil law. This article examines New Zealand's law relating to medical manslaughter with particular reference to the case of R v Yogasakaran [1990] 1 NZLR 399 which was the subject of a petition to the Privy Council on 30 January 1991.