Medical Expert Witness Case Study 6

Independent forensic medical expert evidence in a failure-to-provide case

Bericon Forensics was instructed to provide independent forensic expert witness evidence in a case involving an alleged failure to provide a specimen.

The defendant had been charged with failing to provide a breath specimen without reasonable excuse. He later agreed to provide a blood sample.

The first attempt to obtain blood produced only a partial sample. The doctor then proposed making a further attempt using the same needle. The defendant objected and requested that a new needle be used.

Before the second attempt took place, the defendant noticed a lump on his arm. This was later confirmed to be a haematoma, and his arm was placed in a sling.

The forensic expert’s instructions

A forensic medical expert witness was asked to review the blood-sampling procedure and assess whether the defendant’s reaction was medically understandable.

The forensic expert considered:

• the circumstances of the attempted blood draw;
• the use of the same needle for a further attempt;
• photographs showing bruising to the defendant’s arm;
• the development of a haematoma;
• the pain and discomfort reportedly experienced; and
• whether the defendant may reasonably have lost confidence in the doctor’s ability to obtain the sample safely.

Independent forensic medical review

The forensic expert reviewed the available photographs and information concerning the attempted procedure.

The evidence supported the conclusion that the initial attempt to obtain blood had been poorly carried out. The procedure caused significant bruising, pain, discomfort and the formation of a haematoma.

The expert also considered the defendant’s objection to a further attempt using the same needle.

In the circumstances, the defendant’s concern about the proposed procedure and his loss of confidence in the doctor were understandable.

Expert witness conclusion

The forensic medical expert witness concluded that the first blood-sampling attempt had been unsatisfactory and had caused an avoidable injury.

The bruising and haematoma were consistent with the defendant’s account of the procedure.

The expert further concluded that the defendant had a credible basis for losing confidence in the doctor’s ability to obtain the sample safely.

Case outcome

The matter proceeded to a full-day court hearing, and the defendant was found not guilty.

This case demonstrates how an independent medical expert witness can assess the adequacy of a blood-sampling procedure, interpret injuries and explain whether a defendant’s response was medically reasonable.

Instruct a forensic medical expert witness

Bericon Forensics provides access to experienced forensic medical experts and expert witnesses for criminal cases involving:

• failure to provide a specimen;
• blood-sampling procedures;
• reasonable excuse;
• bruising and haematoma formation;
• injuries arising during medical procedures;
• fitness to provide blood, breath or urine;
• review of custody and medical records;
• assessment of photographic injury evidence; and
• independent expert witness reports.

Our forensic medical experts can assess the available records, explain the medical evidence and prepare clear reports for solicitors, counsel and the court.

Contact Bericon Forensics to discuss the instruction of a forensic medical expert witness.