Medical law and ethics: refreshing memory in court: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Medical law and ethics: refreshing memory in court

Sample item

While testifying, a doctor asks to look at the wound certificate he wrote on the day of examination, to recall the findings. What is the legal position?

AHe may not, because testimony must come from memory aloneBHe may refer only to a note written by someone elseCHe may refer to it, because he wrote it at the time of the examinationDHe may refer to it only with the defence lawyer's consent

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

C. He may refer to it, because he wrote it at the time of the examination

A witness may refresh his memory by referring to a writing made by himself at the time of the event or soon afterwards. The opposite party may see the document and cross-examine on it.

Option by option

A. He may not, because testimony must come from memory alone
Evidence need not be from memory alone, since a contemporaneous note may be used.
B. He may refer only to a note written by someone else
A note by another person is not the usual document; his own record is.
C. He may refer to it, because he wrote it at the time of the examination (correct)
Correct. A contemporaneous writing by the witness may refresh his memory.
D. He may refer to it only with the defence lawyer's consent
The defence lawyer's consent is not required.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is C, He may refer to it, because he wrote it at the time of the examination. A witness may refresh his memory by referring to a writing made by himself at the time of the event or soon afterwards.

Why is "He may not, because testimony must come from memory alone" not the answer?

Evidence need not be from memory alone, since a contemporaneous note may be used.

Why is "He may refer only to a note written by someone else" not the answer?

A note by another person is not the usual document; his own record is.

Why is "He may refer to it only with the defence lawyer's consent" not the answer?

The defence lawyer's consent is not required.

What concept does this question test?

It tests Medical law and ethics: refreshing memory in court in Forensic Medicine. The opposite party may see the document and cross-examine on it.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law and ethics: refreshing memory in court?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.