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Medico-Legal Investigation of Death

Deaths requiring medico-legal investigation include deaths by violence, accidents, suicides, sudden deaths of apparently healthy individuals, unattended deaths, deaths in hospitals without a clinical diagnosis, and deaths occurring in an unnatural manner.

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0% found this document useful (0 votes)
213 views

Medico-Legal Investigation of Death

Deaths requiring medico-legal investigation include deaths by violence, accidents, suicides, sudden deaths of apparently healthy individuals, unattended deaths, deaths in hospitals without a clinical diagnosis, and deaths occurring in an unnatural manner.

Uploaded by

johnisfly
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Medico-Legal

Investigation of
Death
a) Provincial and City Fiscals
b) Judges of the Regional Trial Courts
c) Judges of the Municipal Trial Courts
d) The Director of the NBI
e) The Chief of Police of the City of Manila
f) Solicitor General
1) Crime Scene Investigation
the crime scene is where the essential ingredients
of the criminal act took place
includes the setting of the crime and also the
adjoining places of entry and exit of both the
offender and the victim
includes appreciation of the condition of the
medical evidence and drawing an inference from
it
also includes the collection of the physical
evidences that may lead to the identity of the
perpetrator, the manner the act was executed, and
such other things useful in the prosecution of
the case
if the investigation only starts at the autopsy
table or in the medical examining room, a great
amount of physical evidence may be lost or
unrecovered
in violent death cases, the manner and cause of
death may be inferred from the condition of the
crime scene
the investigator also has the earliest possible
opportunity to interview persons who have
knowledge of the circumstances of actual
events in the commission of the crime
a) Physician must have previous knowledge
and training in medico-legal investigation

b) Photographer for obvious reasons. May also


act as the sketcher and measurer

c) Assistant acts a note taker, evidence collector


and helper. Must have previous knowledge
and training in evidence collection
1. Strip Method 2. Double Strip or Grid
Method
3. Spiral Method 4. Wheel Method

5. Zone Method
All evidences must be protected, identified,
and preserved

Reasonable degree of care must be exercised to


preserve shape and minimize alterations
(contamination, chemical changes, addition of
extraneous substances)
After a complete search, the investigating
physician must make a thorough inspection of the
dead body. Special consideration must be made on
the following:
a. evidences which will prove identity
b. position of the victim
c. condition of the clothing
d. approximate time of death
e. presence of the weapon and its approximate
distance from the body
f. potential cause of death
is a comprehensive study of a dead body

performed by a trained physician

employing recognized dissection procedure


and techniques

includes removal of tissues for further


examination
Post-mortem Examination refers to an
external study of a dead body without incision
being made, although blood and other bodily
fluids may be collected for examination.

Autopsy indicates that in addition to the


external study of the body, it is opened and an
internal examination is conducted.
a) Hospital or Non-official Autopsy is an
autopsy done with the consent of the deceased
persons relative for the purposes of:
1. determining the cause of death;
2. providing correlation of clinical diagnosis
and symptoms;
3. determining the effectiveness of therapy
4. studying the natural course of disease
process; and
5. educating students and physicians.
b) Medico-Legal or Official Autopsy is an
examination performed on a dead body for the
purposes of:
1. determining the cause, manner (mode),
and time of death;
2. recovering, identifying, and preserving
evidentiary material;
3. providing interpretation and correlation of
facts and circumstances related to death;
4. providing a factual, objective medical
report for law enforcements, prosecution,
and defense agencies;
5. separating death due to disease from
death due to external causes
Whenever required by law;
Upon order of a competent court, mayor, and
a provincial or city fiscal;
Upon written request of police authorities;
Whenever the Solicitor General, provincial or
city fiscal as provided by law, shall deem it
necessary to disinter and take possession of
the remains for an examination;
Whenever the nearest kin shall request in
writing the authorities concerned in order to
ascertain the cause of death.
a. Health Officers
1. District Health Officer
2. Local Health Officer
b. Medical Officers of Law Enforcement Agencies
1. Medical Examiner of the City of Manila
2. Medical Staff of the NBI
c. Members of the medical staff of accredited
hospitals
Pathological Autopsy Medico-legal Autopsy
a. Requirement Must have the consent of the It is the law that confers the
next of kin. consent. Consent of relatives
are not needed.

b. Purpose Confirmation of clinical Correlation of tissue changes


findings of research. to the criminal act.

c. Emphasis Notation of all abnormal Emphasis laid on effect of


findings. wrongful act on the body.
Other findings may only be
noted in mitigation of the
criminal responsibility.

d. Conclusion Summation of all abnormal Must be specific for the


findings irrespective of its purpose of determining
correlation with clinical whether it is in relation to the
findings. criminal act.

e. Minor or non-pathological Need not be mentioned in the Investigatorss discretion


report.
Clinical History of the deceased in most
instances absent, sketchy or doubtful.
The identity of the deceased is the
responsibility of the forensic pathologist.
The time of death and the timing of the tissue
injuries must be answered by the forensic
pathologist.
The forensic pathologist must alert himself of
the possible inconsistencies between the
apparent cause of death and his actual findings
in the crime scene.
A careful examination of the external surface
for possible trauma including the clothings to
determine the pattern of injuries in relation to
the injurious agent.
The autopsy report is written in a style that will
make it easier for laymen to read and will be
clearly informed insofar as the mechanism of
death is concerned.
The professional and environment climate of a
forensic pathologist is with the courts,
attorneys, and police who make scrutiny of the
findings and conclusion.
Death by violence.
Accidental Death.
Suicides.
Sudden death of persons who are apparently in
good health.
Death unattended by physicians.
Death in hospitals or clinics (D.O.A) wherein a
physician was not able to arrive at a clinical
diagnosis as the cause of death.
Death occurring in an unnatural manner.

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