This chapter is designed to assist doctors in conducting medico-legal examinations and preparing medico-legal reports, and to advise doctors about appearing in court as ordinary or as expert witnesses. Problems that may arise at medico-legal examinations are first identified and advice is provided about the content and scope of medico-legal reports. After briefly describing the adversarial system used in Australian courts, the chapter is then structured around the usual sequence by which a doctor becomes aware that he or she may be required in court. Lastly, the matter of jury duty for doctors is touched upon.

MEDICO-LEGAL REPORTS

Treating doctors' reports

For doctors who are primarily in clinical practice, the most common involvement with the legal system will come via a request for a medico-legal report about a current or past patient, most often in the context of an insurance or workers compensation claim. The request should be accompanied by an original signed authority from the patient to release the medical information and by a letter from the solicitor describing what is requested.

In preparing medico-legal reports in regard to the diagnosis, care and treatment of a patient, doctors should take care to answer the questions asked of them and should strive to make the report factual, objective, complete and to the point. Material in the patient's records that is irrelevant to the request should not be included in the report.