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Medical jurisprudence: The branch of the law that deals with the application
of law to medicine or, conversely, the application of medical science to legal
problems. Medical jurisprudence may be involved in cases concerning genetic
relationships (eg, paternity testing) or injury or death resulting from violence.
An autopsy may be done to help determine the agent of death (eg, a gun shot,
poison) and how long the person has been dead.
The bond of trust between the patient and the physician is vital to the diagnostic
and therapeutic process. It forms the basis for the physician-patient relationship.
In order for the physician to make accurate diagnoses and provide optimal
treatment recommendations, the patient must be able to communicate all
relevant information about an illness or injury. Physicians are obliged to refrain
from divulging confidential information. This duty is based on accepted codes
of professional ethics, which recognize the special nature of physician-patient
relationships. The doctor–patient relationship is central to the practice of
healthcare and is essential for the delivery of high-quality health care in the
diagnosis and treatment of disease. The doctor–patient relationship forms one of
the foundations of contemporary medical ethics.
Informed consent
is the process by which the treating health care provider discloses appropriate
information to a competent patient so that the patient may make a voluntary
choice to accept or refuse treatment. It originates from the legal and ethical
right the patient has to direct what happens to her body and from the ethical
duty of the physician to involve the patient in her health care.
Implied consent
An agreement by a patient to allow disclosure of private health information in c
ases in which the patient has been informed about the information to bedisclose
d, the purpose of the disclosure, and his or her right to object to the disclosure, b
ut has not done so. Implied consent is indicated by the behaviour of an informed
individual.It is essential that people with higher support and communication ne
eds are given the time and assistance they need to give their consent on issues th
at involve them.
Express consent
A clear and voluntary indication of preference or choice, usually oral or written,
and freely given in circumstances where the available options andtheir consequ
ences have been made clear (informed consent). As defined in the UK, express
consent constitutes formal permission to undergo a diagnostic or therapeutic pro
cedure,or to allow use of personally identifiable information for research, epide
miology, financial audit or administration, publication and/or to release into the
public domain.
5. Site branches of law where legal medicine can be applied
Wound
a : a physical injury to the body consisting of a laceration or breaking of the
skin or mucous membrane <has a deep festering knife wound across the
palm> <a gunshot wound>
b : an opening made in the skin or a membrane of the body incidental to a
surgical operation or procedure
Injury
: harm or damage : an act or event that causes someone or something to no
longer be fully healthy or in good condition
Trauma
Traumatic injury is a term which refers to physical injuries of sudden onset and
severity which require immediate medical attention. The insult may cause
systemic shock called “shock trauma”, and may require immediate resuscitation
and interventions to save life and limb.
You should not disclose information about an identifiable third party (who is
not a healthcare professional involved in the patient’s care) that may be
contained in your patient’s records, without their consent, unless it is reasonable
in all the circumstances.
DNA Profiling
DNA profiling is the process where a specific DNA pattern, called a profile, is
obtained from a person or sample of bodily tissue
Human DNA profiles can be used to identify the origin of a DNA sample at a
crime scene, or test for parentage.
DNA is found in most cells of the body, including white blood cells, semen,
hair roots, and body tissue. Traces of DNA can also be detected in body fluids,
such as saliva and perspiration because they also contain epithelial cells
DNA is contained within the nucleus of cells. Chemicals are added to break
open the cells, extract the DNA, and isolate it from other cell components.
Often only small amounts of DNA are available for forensic analysis, so the
STRs at each genetic locus are copied many times using the polymerase chain
reaction (PCR) to get enough DNA to make a profile.
e. Obtain a Match
If two DNA profiles from different samples are the same, then the chance that
the samples came from different people is low. This provides strong evidence
that the samples have a common source