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Case Study 6: Medical Investigation

Situation…

The Defendant was charged with the offence of Failure to Provide a Breath Specimen without reasonable excuse. He willingly gave a blood sample when required to do so.  After an unsuccessful attempt when a partial sample was taken, the Doctor tried to take another sample using the same needle. The Defendant objected and requested that a new needle be used. Before the second sample was taken, the client noticed a lump on his arm. This lump was later confirmed as a hematoma and his arm was placed in a sling.

 Action…

Bericon Forensics was asked to comment about the provision of the blood sample. Photographs of bruising to the defendants arm were reviewed and a conclusion was drawn.

 

 

Result…

We confirmed that that the Doctor had made a poor attempt at taking blood initially and the procedure used was incorrect causing excessive pain, discomfort and a hematoma. We also supported that the Defendant had clearly lost confidence in the Doctor’s ability to take a sample a blood.  This case resulted in a full day at Court and the Defendant was found not guilty.

 

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What our clients say

Due to Dr Short preparing a report on DNA at short notice our client was found not guilty of a serious sexual offence
David Hay, Abraham Solicitors