Definition of Medical Jurisprudence
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.. Forensic medicine is also
important in cases involving rape. Modern techniques use such specimens as
semen, blood, and hair to identify the body of a victim and to compare the DNA
of the criminal to that of the defendant through DNA fingerprinting.
•Medical
jurisprudence is concerned with a broad range of medical, legal, and ethical
issues, as well as human rights and rights of individuals.
•Physicians
have a duty to act in their patients best interest and can be charged in a
court of law if they fail to do so. On the other hand, a physician may be
required to act in the interest of third parties if his patient is a danger to
others. Failure to do so may lead to legal action against the physician.
Medical
jurisprudence includes
•questions
of the legal and ethical duties of physicians;
•questions
affecting the civil
Aspects, including:
questions of competence or sanity in
civil or criminal proceedings;
questions of competence of minors in
matters affecting their own health; and,
questions of lawful fitness or safety
to drive a motor vehicle, pilot an aeroplane, use
scuba gear, play certain sports, or to join certain occupations.
•Aspects, including:
•assessment
of illness or injuries that may be work-related (see workers' compensation or
occupational safety and health) or otherwise compensable;
•assessment
of injuries of minors that may relate to neglect or abuse; and,
•certification
of death or else the assessment of possible causes of death. This, however, is
the more commonly understood, albeit narrow, meaning of forensic medicine.
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