9 - MEDICAL WITNESS AND THE COURT 2025

Ordinary Witness

In court, allowed to state the facts which come to his own perception

• Person must have the organ and the power of perception

• Perceptions gathered by his organs of sense can be imparted to others

• He does not fall in any of the exceptions or disqualifications mentioned in the rules of court

Requisites to become an ordinary witness

Expert Witness

In court, allowed to give his inference, deduction, conclusion, or opinion from the facts presented to him

• Privilege of communication (confidential)

• Hearsay information

Exceptions to the ordinary witness rule

Absolute Privileged Communication

Communication which is not actionable even if its author acted in bad faith

Conditional or Qualified Privileged Communication

Conditions which would not be actionable unless made with malice or bad faith

• Spouse and partner

• Lawyer, their secretary/ stenographer/ clerk and the client

• Medical practitioner and the patient

• Minister or priest (i.e., confession)

• Public officer

Examples of Privileged Communication

Hearsay Evidence

Mere repetition of what one has heard others say

Dying Declaration

Made by a person at the point of death, and is conscious of his approaching dissolution, in reference to manner in which he receives the injuries of which he is dying

Subpoena ad testificandum

Required to appear before a trial

Subpoena ducestecum

Required to produce some documents

Subpoena ducestecum et ad testificandum

Required to appear before a trial and produce some documents

Direct Contempt

Contempt that is committed in an open/inside the court

Indirect Contempt

Contempt that is committedoutside the court

• Court issuing the subpoena has no jurisdiction

• Place of residence is >100 km from the court issuing the subpoena

• In civil cases, when expenses are not given by the party requesting their presence

• When a MD is attending to an emergency

• When a physician is suffering from an infirmity

Conditions where a medical witness need not comply with a subpoena