Legal Procedures & Medical Jurisprudence · NEET PG Preparation Forensic Medicine
A registered medical practitioner is subpoenaed to give evidence in a court of law as an ordinary witness regarding the injuries he treated in an ass…
Practice question from Legal Procedures & Medical Jurisprudence (NEET PG Preparation Forensic Medicine), with the correct answer and a step-by-step solution.
medium · MCQ · Q-5BD006
A registered medical practitioner is subpoenaed to give evidence in a court of law as an ordinary witness regarding the injuries he treated in an assault case. During the examination, the defense counsel asks him a question regarding the exact mechanism of formation of a fracture, which requires specialized professional knowledge and opinion. The doctor should:
- A.Answer the question immediately since he is sworn in as a witness.
- B.Refuse to answer, stating that he is only a witness of fact and not an expert witness.
- C.Ask the presiding judge whether he is required to answer the question calling for a professional opinion.Correct answer
- D.Demand expert witness fees before answering the technical question.
Solution
An ordinary witness testifies to facts they have seen or heard. However, if an ordinary witness who is a medical professional is asked a question that calls for a medical opinion, they are bound to answer if directed by the court. The proper course of action is to draw the court's attention to the fact that the question calls for an expert opinion and seek the judge's direction.
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