LMJ1.pptx

Introduction and History of Legal Medicine Catherine Grace Q. Aparece, MD, MFLM Objectives At the end of the sesion, the students are expected to 1.Define the basic terminology related to legal medicine 2.Familiarize different concepts in legal medicine 3. Appreciate the hi...

Introduction and History of Legal Medicine Catherine Grace Q. Aparece, MD, MFLM Objectives At the end of the sesion, the students are expected to 1.Define the basic terminology related to legal medicine 2.Familiarize different concepts in legal medicine 3. Appreciate the history and importance of legal medicine  01 Introducti on 1620-1720 a serious topic of conversation in both medical and medicolegal circles was … whether a woman could be impregnated by the devil or in a dream. In fact, in one case French judges actually legitimized an infant in a case in which the husband had been separated for four years from the mother, on the grounds that the child owed its paternity to a dream. 1726 it was taught that in the presence of the murderer, his victim’s wounds would “open their congeal’d mouths and bleed afresh.” Courts would accept the testimony of medical experts as to this miraculous bleeding of the corpse. Unearthed bones of animals would serve to convict men of murder. until 1752 The highest medicolegal advocated authorities belief in ghosts, witches, and possession by the devil. They united with the clergy until 1752 in denouncing all disbelievers in these precepts as heretics and atheists. Thousands of the insane were persecuted, drowned and burned since they were, after all, “firebrands of hell” who were  Salem witch trials 1 The Salem witch trials occurred in colonial Massachusetts between early 1692 and mid-1693. More than 200 people were accused of practicing witchcraft—the devil’s magic—and 20 were executed. In 1711, colonial authorities pardoned some of the accused and compensated their families. But it was only in July 2022 that Elizabeth Johnson Jr., the last convicted Salem “witch” whose name had yet to be cleared, was officially exonerated. Salem witch trials  Medicine and law have been related from the earliest times. The bonds that first united them were religion, superstition, and magic. The functions of the physician and the jurist were united in the priest, the intermediary between God and man  Legal and Forensic Medicine is organized in very different ways all over the world Precisely, the nomenclature itself, depends on the country  The main differences between countries depend on the following concepts: Its historical and institutional traditions. Its politics. Its judicial system. Its economy. Its geography. Its climate  02 Definition of Terms & Concepts Medicine Science and art dealing with prevention, cure and alleviation of disease Law a rule of conduct, just, obligatory, laid by legitimate power for common observance and benefit Characteristics of the Law a rule of conduct dictated by legitimate power; and Compulsory and obligatory to all DEFINITION CHARACTERISTIC & NATURE OF FORENSIC MEDICINE, LEGAL MEDICINE & MEDICAL JURISPRUDENCE FORENSIC MEDICINE is an umbrella term covering the many areas where law and medicine come into contact. The older name was “medical jurisprudence” and in both Europe and America the term LEGAL MEDICINE is more often used  Forensic Medicine is a branch of medicine, which deals and applies medical science in medico-legal cases.  Legal Medicine is the branch of medicine that is applied to law and justice, whether to elucidate legal problems or not  Medical Jurisprudence – is a branch of law, which deals with the policies, rules or regulations, ethics, and control in the practice of the medical profession  Medical Jurisprudence – is a branch of law, which deals with the policies, rules or regulations, ethics, and control in the practice of the medical profession DIFFERENCE BETWEEN FORENSIC MEDICINE AND MEDICAL JURISPRUDENCE 1.ORIGIN: Forensic Medicine originates from the development of medical science while Medical Jurisprudence emanates from the Acts of Congress, Executive Orders, Administrative Circulars, Customs, and Usages. 2. NATURE: Forensic Medicine is a branch of medicine, while Medical Jurisprudence is a branch of law. CHARACTERISTICS AND APPLICATIONS: Forensic Medicine deals with medical knowledge that is applied to law and administration of justice, while Medical Jurisprudence deals with the policies rules and regulations, and ethics that are applied to the practice of medicine. PRINCIPLE TO FOLLOW Forensic Medicine follows the rules on coordination, while Medical Jurisprudence follows the rules on subordination Medical Jurist A physician who specializes or is involved primarily with medicolegal duties DIFFERENCE BETWEEN PHYSICIAN & MEDICAL JURIST DIFFERENCE BETWEEN PHYSICIAN & MEDICAL JURIST 1. LINE OF SPECIALTY: Medical Physician or practitioner (or specialist) in other fields of medicine except for Forensic Medicine, while Medical Jurist is a doctor of medicine specializes in Forensic Medicine. 2. PURPOSE OF EXAMINATION: The purpose of the examination of a Medical Physician is to find out the cause of illness and institute treatment, while Medical Jurist is to determine the cause for the sake of law and justice. 3. BODY LESIONS: In Physician, minor lesions in the body are not significant; while in Medical Jurist all body lesions are significant.  03 History History of Legal Medicine 2 Imhotep (2980 BC) The earliest recorded medico- legal expert the chief physician and architect of King Zoser of the third dynasty in Egypt and the builder of the first pyramid. That time was the first recorded report of a murder trial written on clay tablet.  Code of Hammurabi ( 2200 BC) 3 Oldest code of law covered the topic of medical malpractice and set out for the first time the concept of civil and criminal liability for improper and negligent medical care. included legislation on adultery , rape , divorce, incest, abortion and violence 3 Hippocrates (460-355 B.C.) Greek physician discussed the relative fatality of wounds in different parts of the body, the average duration of pregnancy, the viability of children born before full term, and other matters. Aristotle (384-322 B.C.) fixed animation of fetus at the 40th day after conception 5 Medica (300BC) The Chinese published information about poisons, including arsenic and opium 3000 years B.C Hashish used as narcotic in surgery.? 6 Antistius first "police surgeon" or forensic pathologist performed the autopsy when Julius Caesar (100-44 B.C.) was murdered found out that Julius Caesar suffered from twenty-three wounds and only one penetrated the chest cavity through the space between the first and second ribs 7 Justinian (483-565 A.D.) in his Digest: “A physician is not an ordinary witness and that a physician gives judgment rather than testimony”. led to the recognition of expert witness in court. the function of such an expert was really to assist the judiciary by impartial interpretation and opinion, based on his specialized knowledge. 8 Hugo de Lucca( 1249) In Italy, took his oath as a medicolegal expert. Medical reports from this time show that autopsies were performed to determine the cause of death. Pope Innocent III (1209) issued an edict providing for the appointment of doctors to the courts for the determination of the nature of wounds 9 Pope Gregory IX (1234) caused the preparation of Nova Compilatio Decretalium which concerned medical evidence, marriage, nullity, impotence, delivery, caesarean section, legitimacy, sexual offenses, crime against persons and witchcraft Pope John XXII(14th Century) expressed the need of experts in the ecclesiastical courts, in the diagnosis of leprosy and many medico-legal documents 10 Hsi Yuan Lu ( China) outlined procedures to be followed in investigating suspicious deaths five volume book dealing with inquest, criminal abortion, infanticide, signs of death, assault, suicide, hanging, strangling, drowning, burning, poisoning and antidotes, and examination of the 11 Charles V(1553) the Holy roman emperor, published and proclaimed the Caroline Code, clearly stated that expert medical testimony must be obtained for the guidance of the judges in cases of murder, wounding, poisoning, hanging, drowning, infanticide, and abortion and in other circumstances involving injury to the person. Constitutio Criminalis Carolina 12 Ambroise Pare (1575) considered legal medicine as a separate discipline discussed in his book, abortion, infanticide, death by lightning, hanging, drowning, feign diseases, distinction between ante-mortem and post-mortem wound and poisoning by carbon monoxide and by corrosives. 13 Egypt the acts of the medical man were circumscribed by law. Stab wounds were differentiated in the 17th century B.C. The Egyptians had a thorough knowledge of poisons. There is evidence that priests made determinations regarding the cause of death and whether it was natural or not. 14 Paulus Zacchias (1584- 1659) a papal physician, regarded as the "father of forensic medicine." published Questiones Medico- legales which dealt with the legal aspects of wounds and the first two chapter dealt with the detection of secret homicide 15 Severin Pineau (1598) published in Paris a work on virginity and defloration. confirmed the existence of the hymen and that it may not rupture during sexual intercourse.  Legal medicine was not treated as being just a theoretical pursuit. It was eventually brought into the courtroom. 1667 Schwammerdamm, in Germany, claimed that the lungs of a newborn baby would float in water if the baby had actually breathed. 16 Orfila (1787-1853) introduced chemical methods in toxicology. In his Traite' des Poison, he mentioned mineral, vegetable and animal poison in relation with physiology, pathology and legal medicine. considered later as the founder of modern toxicology. 17 Samuel Farr, 1788 Authored the first book on legal medicine written in English was a succinct and compendious description of findings in the human body that were required for judgment by coroners and courts of law in cases of divorce, rape, and murder, among other  Legal medicine began to be promoted within formal educational circles. In 1650, Michiaelis, in Germany, delivered lectures on legal medicine The Center for Forensic Medicine at the Medical University of Vienna is the oldest forensic medicine institution in the world. In the Philippines In the Philippines, the practice of Forensic Medicine started several years ago, although the records showed that it started sometime in 1858 during the Spanish Regime 1858- "Manual de Medicina Domestica." – the first medical textbook printed including pertinent instructions related to medico- legal practice by Spanish physician, Dr. Rafael Genard y Mas, Chief Army Physician 1871 teaching of legal medicine – included as an academic subject in the foundation of the School of Medicine of the Real y Pontifica Universidad de Santo Tomas  In 1982, the American Board of Legal Medicine was established to administer examinations to individuals with both legal and medical degrees  References Legal Medicine, 1987 ed, by Pedro P. Solis Legal Medicine and Medical Jurisprudence, by Logrono Bonnet, EFP, 1980, Medicina Legal, Lopez Libreros, 2 Alvarez, Garcia, MD (1998) Algunos Aspectos de la ley 30/95 Cuad. Med For.No 13, 53-64 Gonzalez, J & Basanta, AM(2010) El instituto de Medicina Legal de la Habana , Cuad Med Forense 16, 43-52 Hall’s Criteria “We ask that our medical schools train our students, that they may at best recognize something of the medicolegal aspects of the various contacts in this practice, that they be better able to avoid misinterpretations of the facts and observations of a case, that they recognize when more capable advice and assistance are needed, so that the innocent may not needlessly be subjected to prosecution, and the operations of justice will be E. B. Hall, Dr. William furthered” Thank you! CRÉDITOS: este modelo de apresentação foi criado pelo Slidesgo, e inclui ícones da Flaticon e infográficos e imagens da Freepik Por favor, mantenha este slide para atribuição  Activity 1 A. Write a reflection paper on the topic assigned to your SGD. To streamline your thoughts and opinion, analyse by answering the following: 1.How has the topic affected me? 2.Did I learn something? Or Are there unsolved questions or critical issues? 4.How will the topic affect my future thinking? B. Make your analysis relevant, concise and professional in tone. C. Deadline: August 15, 2024  Activity 1 My Reflection on the Olympic Witch The issue on the Olympic witch has affected me so much. I was truly sad. I learned that being a rich and famous witch, it doesn’t spare you from some constraints in other aspects of life. So in the future, if ever I’ll have a lot of money, maybe I should secure that Carl Yumy Lu SGD 18 relationship with my family should also