Ophthalmic medicolegal cases in Upper Egypt

Ismail A Wasfy,Ehab Ia Wasfy,Alaa A Abd-Elsayed,Tarek A Aly

doi:10.1186/1755-7682-2-1

Abstract

PurposeTo describe the pattern of ophthalmic medicolegal cases with emphasis on cases of assault, and to acquaint ophthalmologists with rules pertaining to expert testimony and medical reports.MethodsA retrospective study was carried out to review files of 247 medicolegal cases from Upper Egypt seen by the senior author in 8 years. These were classified categorically and were analyzed from various characteristics and aspects. The scheme for examination of subjects and for formulating the medicolegal report is described.ResultsThe different categories were assault in 224 cases (90.5%), military recruitment evasion in 8 cases (3.25%), occupational disability claims in 8 cases (3.25%) and medical malpractice in 7 cases (3%). Thirty two cases (13%) presented with alleged functional visual loss, of them 25 cases (10%) were malingering. Traumatic lens subluxation or dislocation was seen in 37 (13.5%) cases and phthisis and atrophia bulbi was the presenting sign in 55 (22.3%) cases. Twenty percent of assault cases were females. There were no differences in incidence between the provinces in Upper Egypt. Assault tools inflicted injuries are described, as well as the outcome of these cases. Claims against military recruits could not be substantiated. Occupational claims for damages were false. Alleged medical negligence cases were rejected based on accepted standards of care and not on unexpected complications.ConclusionMedical reports have to be structured, detailed, accurate and unbiased. Data in this work are useful for statistical and planning purposes in the medicolegal domain.

Highlights

IntroductionThe testimony must assist the fact finder in understanding the evidence or resolving a factual dispute in the case
In the Egyptian Judicial system, which adopts the continental model, the Ministry of Justice appoints medicolegal consultants to give opinion in litigations belonging to the criminal or civil law.1
The expert witness may be requested by the police, medicolegal authority or the court to examine victims of assault and other claimants and to give evidence in the form of a written statement which is often accepted by the court as documentary evidence

Summary

Introduction

The testimony must assist the fact finder in understanding the evidence or resolving a factual dispute in the case These consultants are considered expert witnesses and must be competent to give expert testimony which has three distinct requirements [1]: 3. Victims or claimants (plaintiffs) are seen several weeks or months after the assault or the cause for the litigation. In these cases it is imperative to ask for and to read carefully the initial medical report issued by the resident or casualty officer who first saw the case, as well as the other medical and hospital papers, x-ray films and other diagnostic images [3]

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Discussion

Conclusion