Medical testimony and the medical witness

Abstract

The following paper was read at a meeting of "The Association of Surgeons and Physicians of Malta", held under the Chairmanship of The Hon. Mr. Justice Richard Farrugia. In common law countries, but no less in Malta under our legal system, medical practitioners are often requested to present medical facts related to a case before the Courts. Such evidence, in general, may only be obtained in its entirety and in its specific context from the medical practitioner responsible for the care and treatment of the subject to whom such evidence relates. The problem of professional secrecy involved in revealing certain medical data is not considered here. I wish to discuss briefly the element of uncertainty with which the medical witness may be faced.