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62 Medico-Legal J. 3 (1994)

handle is hein.journals/medlgjr62 and id is 1 raw text is: MEDICO-LEGAL JOURNAL Founded 1901 1994 Vol. 62 Part One Editorial Witnesses on Medication The following letter was sent to Dr Andrew Herxheimer from a man m the West of England, who was previously unknown to him. The letter raises an important medico-legal issue, namely the effect of medication on witnesses. (This might equally apply to judges and jurors). While a witness or potential juror might seek successfully to be released from court obligations on grounds of poor health, it will not usually be on the basis that his mind and memory and concentration will be impaired due to the effects of medication - and indeed, he himself may not appreciate this. How far should the fact that a witness is taking medication (and any potential side effects it can cause) be disclosed voluntarily or even mandatorily to the par- ties and/or to the court? In view of the requirements of the oath, a truthful witness who does not feel sure of his ground due to effects of medication (or generally) should make this clear, and any suggestion of this sort should be picked up by the tribunal and the lawyers. If the side effects of medication eg drowsiness, are significant they are likely to be manifested in the witness's overall demeanour and the presentation of his evidence, which will be taken into account both objectively and subjec- tively by the tribunal. The letter sent to Dr Herxheimer, however, suggests that the witness felt anx- ious that his evidence may have been unintentionally unreliable and thus mis- leading in some way, though he provides no specific grounds for concern. The letter ran as follows (names have been changed to fictitious ones and mis- spellings and grammar corrected for publication purposes): Dear Sir, I saw my doctor, Dr Lloyd at Ambridge yesterday. I asked him if he could give me a breakdown on the tablets, Temgesic (buprenorphine, a strong opioid analgesic). He said he would, but advised me to contact you, as you were more qualified on this subject. I was discharged from the army with severe head injuries and I have a 100% war disability pension, due to my head injury, and I have not been able to work since 1970. I was put on Temgesic 8 a day due to the pain I had from both hips collapsing and a broken shoulder.

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