Introduction

1 Introduction




Forensic veterinary pathology is defined as the application of knowledge of veterinary pathology to the elucidation of evidence for the Courts. In other words, the purpose of conducting a forensic examination is: (a) to discover and record any injury, disease or abnormality, and (b) to interpret these findings in a manner that allows a Court of Law to understand the cause(s) and significance of any changes.


Forensic pathology is a highly skilled task, and veterinarians undertaking forensic post-mortem examinations must be able to demonstrate that they are competent in this field. As part of their studies at university or veterinary college, veterinary students learn the basics of post-mortem examination, but this is a meagre basis for claiming competence in a very difficult discipline. After graduation, few practising veterinarians take further qualifications in pathology. Consequently, although their clinical skills and experience develop with time, their knowledge of (and competence in) pathology is at best static. The end-result is that many veterinarians who undertake post-mortem examinations are at serious risk of presenting evidence that is incomplete, unconvincing or inaccurate. This is unwise in a professional sense. More importantly, the Courts may be misled.


The forensic pathologist is not required to ‘prove’ anything, but has the immensely responsible position of ensuring that the Court is presented with a comprehensive and as clear as possible picture of what has happened to the animal. Ideally, the forensic veterinarian should have a background in general diagnostic pathology. Without such experience of natural disease the task of guiding the Court in matters that might result in a criminal or civil conviction is made more difficult.


Microscopic examination (histopathology) of tissue samples is an important procedure in the diagnosis of disease. However, its use in forensic cases is generally limited. The veterinary aspects of the majority of forensic cases will be decided on gross lesions, rather than microscopic changes, and whether they match with other evidence in the case. There are particular circumstances where forensic histopathology can give convincing supportive evidence (see, for example, Chapter 9: Asphyxia and drowning). Nevertheless, in the current state of knowledge, care should be exercised about placing reliance on microscopic findings for assisting with, for example, the precise estimation of time since death and duration of injury.


This book is based on the combined and extensive experience of the authors but it is not comprehensive. Coverage is limited to the areas of forensic veterinary pathology in which we have been involved, and detailed comment on specialist spheres (e.g. equine work) that do not fall within our expertise is avoided. Nevertheless, much of the information in this book is applicable to the examination of a wide range of animals.


Guidance is provided on how to conduct a forensic examination, how to avoid some of the pitfalls, and how to assist the Courts in understanding the significance of some of the more common injuries and animal ailments. We have attempted to arrange the chapters so that the busy veterinarian or lawyer (or others) may find the key issues easily. Case examples with brief summaries of findings and interpretations are included, and we hope that this is helpful.


One of the major differences between veterinary and medical forensic pathology is the sheer number of species of animals and birds that the veterinarian might be asked to examine. To be knowledgeable about all of them is an impossible expectation. However, establishing contacts with specialists, who can provide advice on species identification, feeding habits, anatomy, diseases, etc., can partially redress this difficulty. Unfortunately, there are also many gaps in the current knowledge on forensic veterinary pathology. As the interest in forensic matters continues to build, these gaps will decrease but, in the meantime, the absence of detailed accounts of tissue reactions or lesions found in specific circumstances may be perplexing. The pathologist must, therefore, be constantly aware of the limitations and be prepared to advise that findings are inconclusive or are open to alternative interpretation. This can be disconcerting for the legal profession, which relies on veterinary guidance – but that is a legal problem not a veterinary one.


As in all specialities, terminology is important – and is particularly crucial when dealing with the Courts. In general, Courts are familiar with ‘human’ terminology and it is usually helpful if the veterinarian, when giving evidence, adheres to accepted medical terms. An example is the confusion that can arise when veterinarians use a word such as ‘laceration’ when, in fact, they are describing an ‘incised wound’. Equally important is the avoidance, whenever possible, of technical terms. Latin or Greek names may be precise in a medical sense, but actually make no sense to the legal teams, judge or jury. When writing this book we have tried to limit the use of jargon so that it may be understandable to a wide audience. Similarly, the definitions provided in Chapter 2 (Fundamentals of animal abuse) are valuable in overcoming misunderstandings regarding classification and separation of the different types of abuse.


Insurance claims, over the cause of injury or the onset of disease in purchased animals, are usually civil matters and may depend on the balance of probabilities rather than ‘beyond reasonable doubt’. But for the pathologist the task is the same: meticulous records, care and attention to detail, clear reporting and recognition that the veterinary report is produced to help the Court arrive at a just decision.


Oct 7, 2016 | Posted by in GENERAL | Comments Off on Introduction

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