Pub Date : 2022-06-13DOI: 10.1177/00258172221099221
Dr Smitha Rani
{"title":"Surrogacy laws in India: Are the regulations inclusive enough?","authors":"Dr Smitha Rani","doi":"10.1177/00258172221099221","DOIUrl":"https://doi.org/10.1177/00258172221099221","url":null,"abstract":"","PeriodicalId":415754,"journal":{"name":"The Medico-legal journal","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123074800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-13DOI: 10.1177/00258172221099080
Gerard E. Kelly
This article examines the standard of proof for unlawful killing in coronial proceedings. Historically, the criminal standard of proof governed inquest findings of unlawful killing. In R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire, the Supreme Court resolved the important question of whether the criminal or civil standard governed inquest conclusions of unlawful killing. The court concluded that the correct standard of proof for all conclusions in coronial proceedings is the balance of probabilities. This article argues that whilst preserving differing standards of proof in coronial proceedings was no longer defensible and Maughan has provided welcome clarity, unanswered questions remain concerning the implementation of this fundamental change.
{"title":"Unlawful killing at inquests: Clarity or confusion?","authors":"Gerard E. Kelly","doi":"10.1177/00258172221099080","DOIUrl":"https://doi.org/10.1177/00258172221099080","url":null,"abstract":"This article examines the standard of proof for unlawful killing in coronial proceedings. Historically, the criminal standard of proof governed inquest findings of unlawful killing. In R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire, the Supreme Court resolved the important question of whether the criminal or civil standard governed inquest conclusions of unlawful killing. The court concluded that the correct standard of proof for all conclusions in coronial proceedings is the balance of probabilities. This article argues that whilst preserving differing standards of proof in coronial proceedings was no longer defensible and Maughan has provided welcome clarity, unanswered questions remain concerning the implementation of this fundamental change.","PeriodicalId":415754,"journal":{"name":"The Medico-legal journal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127859746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-12DOI: 10.1177/00258172221075072
G. Travaini, P. Caruso, R. Cornelli, I. Merzagora, M. Margherita, A. Battistini
This study reviews autopsies performed by the Legal Medicine department of the University of Milan from 1990 to 2018. In particular, the characteristics of the perpetrator, the victim and the type of existing relationship, the means used, and the place and time of the crime. A retrospective analysis was conducted, extracting data from the Milan Institute of Legal Medicine database, selecting cases of murder-suicide from the archive between 1990 and 2018 (a total of 75 cases with 84 murder victims). Available data was processed statistically. Univariate and bivariate analysis techniques were mainly used. Significance tests (Chi-square) and correlation studies (Pearson's R) were also conducted, the results of which were then examined and discussed in light of legal, medical and criminological expertise.In almost all cases, suicide followed immediately after the murder, at home and in the context of an emotional relationship. The murderer and person committing suicide is almost always male and the victim female. A firearm was the most common weapon in cases of both murder and suicide.The results indicate that the issue of gender is relevant in murder-suicides as indicated by international and national literature on homicides. Furthermore, the use of firearms endorses the importance of limiting their availability through more restrictive laws.
{"title":"Murder-suicides in Milan: case history from 1990 to 2018. Criminological and medico-legal considerations.","authors":"G. Travaini, P. Caruso, R. Cornelli, I. Merzagora, M. Margherita, A. Battistini","doi":"10.1177/00258172221075072","DOIUrl":"https://doi.org/10.1177/00258172221075072","url":null,"abstract":"This study reviews autopsies performed by the Legal Medicine department of the University of Milan from 1990 to 2018. In particular, the characteristics of the perpetrator, the victim and the type of existing relationship, the means used, and the place and time of the crime. A retrospective analysis was conducted, extracting data from the Milan Institute of Legal Medicine database, selecting cases of murder-suicide from the archive between 1990 and 2018 (a total of 75 cases with 84 murder victims). Available data was processed statistically. Univariate and bivariate analysis techniques were mainly used. Significance tests (Chi-square) and correlation studies (Pearson's R) were also conducted, the results of which were then examined and discussed in light of legal, medical and criminological expertise.In almost all cases, suicide followed immediately after the murder, at home and in the context of an emotional relationship. The murderer and person committing suicide is almost always male and the victim female. A firearm was the most common weapon in cases of both murder and suicide.The results indicate that the issue of gender is relevant in murder-suicides as indicated by international and national literature on homicides. Furthermore, the use of firearms endorses the importance of limiting their availability through more restrictive laws.","PeriodicalId":415754,"journal":{"name":"The Medico-legal journal","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122521585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-12DOI: 10.1177/00258172221081708
Paul Arnell, Professor Andrew Forrester
Julian Assange is wanted by the United States so it can prosecute him for espionage and hacking. His extradition was barred on mental health grounds. That decision has been overturned. The English High Court has accepted US assurances detailing how he will be treated if transferred. Assange is seeking to appeal to the UK Supreme Court. Mental health-related issues have played a central role in his case to date, and look to continue to do so. The specific timing and effect of assurances are central to the present litigation. The Supreme Court will imminently decide on the next stage in Assange's fight against extradition.
{"title":"Assange, mental health and assurances in extradition.","authors":"Paul Arnell, Professor Andrew Forrester","doi":"10.1177/00258172221081708","DOIUrl":"https://doi.org/10.1177/00258172221081708","url":null,"abstract":"Julian Assange is wanted by the United States so it can prosecute him for espionage and hacking. His extradition was barred on mental health grounds. That decision has been overturned. The English High Court has accepted US assurances detailing how he will be treated if transferred. Assange is seeking to appeal to the UK Supreme Court. Mental health-related issues have played a central role in his case to date, and look to continue to do so. The specific timing and effect of assurances are central to the present litigation. The Supreme Court will imminently decide on the next stage in Assange's fight against extradition.","PeriodicalId":415754,"journal":{"name":"The Medico-legal journal","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133760139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-01DOI: 10.1177/00258172221102755
A. Gentilomo, S. Tambuzzi, M. Boracchi, G. Gentile, R. Zoja
A suicide where the deceased has employed more than one means of ending his or her life is defined as a complex suicide (CS). Forensic practitioners may face difficulties caused by the articulated mechanisms underlying this event. Among CS, the combination of hanging and gunshots is unusual. In this study, we present three unique cases of such planned complex suicides (PCS) that we have encountered in our 28 years of activity at the Bureau of Legal Medicine of Milan. Careful inspection of the death scene, precise analysis of the anamnestic-circumstantial data, and accurate medico-legal autopsy examination were the starting points for a better understanding of the causes and manner of death. In particular, the presence of vital reactions of tissues involved in the two different means used, the coherence of the areas involved with a self-inflicted wound, and the absence of signs of third party intervention allowed us to classify these events as suicides. As for the chronology of events, the lethality of the cerebral lesions caused by the gunshots in all cases, in accordance with the cervical lesions caused by hanging, led us to conclude that we were dealing with PCS and catalogue these three cases as unusually planned complex suicides avoiding incorrect and superficial classification.
{"title":"Mechanical asphyxia by hanging and gunshot to the head: A series of rare planned complex suicides.","authors":"A. Gentilomo, S. Tambuzzi, M. Boracchi, G. Gentile, R. Zoja","doi":"10.1177/00258172221102755","DOIUrl":"https://doi.org/10.1177/00258172221102755","url":null,"abstract":"A suicide where the deceased has employed more than one means of ending his or her life is defined as a complex suicide (CS). Forensic practitioners may face difficulties caused by the articulated mechanisms underlying this event. Among CS, the combination of hanging and gunshots is unusual. In this study, we present three unique cases of such planned complex suicides (PCS) that we have encountered in our 28 years of activity at the Bureau of Legal Medicine of Milan. Careful inspection of the death scene, precise analysis of the anamnestic-circumstantial data, and accurate medico-legal autopsy examination were the starting points for a better understanding of the causes and manner of death. In particular, the presence of vital reactions of tissues involved in the two different means used, the coherence of the areas involved with a self-inflicted wound, and the absence of signs of third party intervention allowed us to classify these events as suicides. As for the chronology of events, the lethality of the cerebral lesions caused by the gunshots in all cases, in accordance with the cervical lesions caused by hanging, led us to conclude that we were dealing with PCS and catalogue these three cases as unusually planned complex suicides avoiding incorrect and superficial classification.","PeriodicalId":415754,"journal":{"name":"The Medico-legal journal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128604896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-29DOI: 10.1177/00258172221086103
B. Andoh
In December 2021 the Court of Appeal (Civil Division) published its ruling in Worcestershire County Council, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWCA Civ 1957, a case about a dispute between two local authorities regarding which of them should bear the duty to provide after-care for a patient (service user) following her discharge from her second detention under section 3 of the Mental Health Act 1983. The primary issue in the case was where she was ordinarily resident at the time of her second detention under s 3 of the Mental Health Act 1983. This paper reviews the case, surveys the evolution of the duty to provide after-care and comments on specific aspects of the Court of Appeal's decision.
{"title":"The duty to provide after-care under section 117 of the Mental Health Act 1983 again.","authors":"B. Andoh","doi":"10.1177/00258172221086103","DOIUrl":"https://doi.org/10.1177/00258172221086103","url":null,"abstract":"In December 2021 the Court of Appeal (Civil Division) published its ruling in Worcestershire County Council, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWCA Civ 1957, a case about a dispute between two local authorities regarding which of them should bear the duty to provide after-care for a patient (service user) following her discharge from her second detention under section 3 of the Mental Health Act 1983. The primary issue in the case was where she was ordinarily resident at the time of her second detention under s 3 of the Mental Health Act 1983. This paper reviews the case, surveys the evolution of the duty to provide after-care and comments on specific aspects of the Court of Appeal's decision.","PeriodicalId":415754,"journal":{"name":"The Medico-legal journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130537153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-27DOI: 10.1177/09685332211067328
A. Samuels
Litigation over medical mishaps – NHS Resolution – extent of damages and costs – the relationship between doctor and midwife – celebrated or notorious cases, Mid Staffs, Morecambe Bay, Northwick Park – informing patient of risks – meaning of wrongful birth – contemporary tests for negligence.
{"title":"Obstetrics and gynaecology and the law","authors":"A. Samuels","doi":"10.1177/09685332211067328","DOIUrl":"https://doi.org/10.1177/09685332211067328","url":null,"abstract":"Litigation over medical mishaps – NHS Resolution – extent of damages and costs – the relationship between doctor and midwife – celebrated or notorious cases, Mid Staffs, Morecambe Bay, Northwick Park – informing patient of risks – meaning of wrongful birth – contemporary tests for negligence.","PeriodicalId":415754,"journal":{"name":"The Medico-legal journal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121833715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-16DOI: 10.1177/00258172211059928
Gaurav Sharma, B. Hugar, S. Praveen, Girish Chandra P Yajaman, T. Kanchan
BACKGROUND AND OBJECTIVE Sudden cardiac death can be defined as a sudden, unexpected death caused by loss of heart function. Notwithstanding major developments in the diagnosis and treatment of heart disease, it remains the major contributing factor for deaths. This considers the pattern of sudden cardiac deaths.Methodology: This prospective study was conducted on all cases subjected to medico-legal autopsy in the forensic medicine department at a tertiary care hospital for a period of 18 months. All sudden cardiac deaths satisfying the WHO criteria were included. Unknown cases and bodies in advanced stage of decomposition were excluded. RESULTS Sudden cardiac deaths accounted for 55% (82 cases) of 149 cases of sudden natural deaths and 6.5% of total autopsies conducted. The age group most commonly affected by sudden cardiac death ranged from 31 to 50 years. The majority of the cadavers had 90-95% degree of stenosis of left anterior descending artery, 70-80% of right coronary artery and 60-70% left circumflex artery. Coronary insufficiency was the major cause for sudden cardiac deaths with a total of 53 (64.63%) cases. CONCLUSION Sudden cardiac deaths accounted for 6.5% of all the autopsies conducted and males outnumbered females with M:F ratio of 10.7:1, with mean age of 44.5 ± 12.63 years. The largest number - 60.97% - were aged between 31 and 50 years. Coronary insufficiency accounted for 64.63% of sudden cardiac deaths.
{"title":"Pattern of sudden cardiac deaths.","authors":"Gaurav Sharma, B. Hugar, S. Praveen, Girish Chandra P Yajaman, T. Kanchan","doi":"10.1177/00258172211059928","DOIUrl":"https://doi.org/10.1177/00258172211059928","url":null,"abstract":"BACKGROUND AND OBJECTIVE\u0000Sudden cardiac death can be defined as a sudden, unexpected death caused by loss of heart function. Notwithstanding major developments in the diagnosis and treatment of heart disease, it remains the major contributing factor for deaths. This considers the pattern of sudden cardiac deaths.Methodology: This prospective study was conducted on all cases subjected to medico-legal autopsy in the forensic medicine department at a tertiary care hospital for a period of 18 months. All sudden cardiac deaths satisfying the WHO criteria were included. Unknown cases and bodies in advanced stage of decomposition were excluded.\u0000\u0000\u0000RESULTS\u0000Sudden cardiac deaths accounted for 55% (82 cases) of 149 cases of sudden natural deaths and 6.5% of total autopsies conducted. The age group most commonly affected by sudden cardiac death ranged from 31 to 50 years. The majority of the cadavers had 90-95% degree of stenosis of left anterior descending artery, 70-80% of right coronary artery and 60-70% left circumflex artery. Coronary insufficiency was the major cause for sudden cardiac deaths with a total of 53 (64.63%) cases.\u0000\u0000\u0000CONCLUSION\u0000Sudden cardiac deaths accounted for 6.5% of all the autopsies conducted and males outnumbered females with M:F ratio of 10.7:1, with mean age of 44.5 ± 12.63 years. The largest number - 60.97% - were aged between 31 and 50 years. Coronary insufficiency accounted for 64.63% of sudden cardiac deaths.","PeriodicalId":415754,"journal":{"name":"The Medico-legal journal","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131278196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-16DOI: 10.1177/00258172211062948
A. Samuels
The surgeon is consulted by the patient, the situation is fully explained to the patient, the patient agrees to the operation. The patient is anaesthetised. An unexpected situation arises, things are not as the surgeon had imagined. Should he carry on and hope for the best? Or call the whole thing off? The law.
{"title":"A new wrinkle in Montgomery? The surgeon faces the unexpected.","authors":"A. Samuels","doi":"10.1177/00258172211062948","DOIUrl":"https://doi.org/10.1177/00258172211062948","url":null,"abstract":"The surgeon is consulted by the patient, the situation is fully explained to the patient, the patient agrees to the operation. The patient is anaesthetised. An unexpected situation arises, things are not as the surgeon had imagined. Should he carry on and hope for the best? Or call the whole thing off? The law.","PeriodicalId":415754,"journal":{"name":"The Medico-legal journal","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114356852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-16DOI: 10.1177/00258172211068227
A. Samuels
Deficiencies in performance in forensic science have led to the need for a statutory regulator with powers over standards and performance, investigation, compliance and enforcement.
法医学绩效的不足导致需要一个在标准和绩效、调查、合规和执法方面拥有权力的法定监管机构。
{"title":"Forensic Science Regulator: The Forensic Science Regulator Act 2021","authors":"A. Samuels","doi":"10.1177/00258172211068227","DOIUrl":"https://doi.org/10.1177/00258172211068227","url":null,"abstract":"Deficiencies in performance in forensic science have led to the need for a statutory regulator with powers over standards and performance, investigation, compliance and enforcement.","PeriodicalId":415754,"journal":{"name":"The Medico-legal journal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125362286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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