The Dilemma of Surrogate Testimony for the Forensic Pathologist

Abstract

Forensic pathologists commonly testify in court. In the past, surrogate testimony by another forensic pathologist was usually done if the original prosector was not available. In the current legal environment, there is increasing judicial pressure for the forensic scientist who originally performed an examination to testify. This may be problematic if that person has relocated to another jurisdiction or is otherwise unavailable. The forensic pathologist's legal and ethical duties and possible recourse when summoned to a former jurisdiction to testify is examined. The legal issues, common scenarios, and various approaches to minimize, manage, and resolve these occurrences is discussed, as well as the current legal status of surrogate testimony for the forensic pathologist.