THE FORENSIC MEDICAL CONSULTATION

• Jurisdiction: Australia

Introduction ................................................................................................... [41.1500]

The clinical consultation ................................................................................ [41.1520]

History ........................................................................................................... [41.1540]

Examination................................................................................................... [41.1560]

Collection of forensic specimens .................................................................. [41.1580]

Documentation of findings ............................................................................ [41.1600]

[41.1500] Introduction

The medical consultation is a series of interactions between medical practitioner and patient whereby the practitioner assesses the patient, reaches a diagnosis (or differential diagnosis) and commences the therapeutic process. This is the basis of most medical consultations. However, for the forensic practitioner, there is an added dimension: the medico-legal component. This is quite distinct from the traditional consultation, and it could be argued that the documentation (and subsequent interpretation) of injuries and the collection of forensic specimens are integral to the assessment, management and treatment of the patient. These latter procedures are the basis of some fundamental differences in the forensic medical consultation. The next section examines aspects of the consultation with particular emphasis on the components that differ from general medical consultations. This is followed by a description of two other aspects of the consultation that are unique to forensic medicine and pathology: injury interpretation and the collection of forensic specimens.

[41.1520] The clinical consultation

An integral component of the forensic consultation involves the issue of consent. In most medical consultations consent is implied by the fact that the patient has presented herself or himself for treatment. Hence, while specific consent may be sought for some particular procedures (for instance, the genital examination), generally no specific consent is obtained for these medical consultations.

The forensic consultation, however, carries with it some issues that warrant specific explanation and consent for the performance of those actions. Unique to the forensic consultation is the fact that the information obtained (history, examination and...