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4 - The practitioner's obligations

Published online by Cambridge University Press:  12 August 2009

W. D. S. McLay
Affiliation:
University of Glasgow
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Summary

Introduction

A forensic physician is called upon to undertake examinations in a wide variety of situations. Most people examined will be alive, and will therefore have certain rights, such as a right of confidentiality, and capabilities, which will include the capacity to give consent. It is the responsibility of the examining doctor to consider, in the individual case, where the boundaries lie among the (often conflicting) rights of the person examined, the processes of investigation and the interests of justice.

This chapter aims to define the responsibilities of the forensic physician solely in an ethical context. In dealing with the individual case, many of the ethical considerations outlined here will be modified. Some may even be discarded. It is essential, however, for the clinician to be aware of broad principles, so that he/she can decide how closely he/she wishes to adhere to them. He/she will need to bear in mind that to depart from them without good reason may invite the interests of the General Medical Council (GMC), and of the civil or criminal courts. The ultimate test of any action is whether the doctor is able to justify it to his/her peers.

Ethical principles define an accepted code of behaviour within a particular group, the group in this case being the medical profession. Ethical standards are not the same as moral standards, which represent principles accepted more widely within society.

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Publisher: Cambridge University Press
Print publication year: 2009

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References

,General Medical Council (2006) Good Medical Practice. London: GMC.
Robertson, G (1992) Role of Police Surgeons. Royal Commission on Criminal Justice. London: HMSO.Google Scholar
Zander, M (1990) The Police and Criminal Evidence Act 1984. London: Sweet and Maxwell, at page 149.Google Scholar
,Home Office Circular (1988) The Police and Criminal Evidence Act 1984. London: HMSO.
,BMA/RCN (1986) Guidelines for Doctors and Nurses Who Have Been Asked to Help in Connection with the Implementation of Section 55 of the Police and Criminal Evidence Act 1984 (intimate searches). London: BMA.
Havard, JD (1989) The responsibility of the doctor. BMJ 299: 503–8.CrossRefGoogle ScholarPubMed
,BMA/AFP (2004) Health Care of Detainees. London: BMA.
,BMA/Law Society (2004) The Assessment of Mental Capacity, 2nd edn. London: BMA/Law Society.
,General Medical Council (2004) Confidentiality: Protecting and Providing Information. London: GMC.

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