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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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is a doctor allowed to lie about an illness to a court

Resolved Question:

is a doctor allowed to lie about an illness to a court
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

In court Dr. M. Morton claimed I had suffered a stroke in 1998 and because of this, I had frontal lobe brain damage and a condition called post stroke emotionalism. I was stopped from seeing my sons. My ex partner and family claimed the same, however my CT Scan at the time shows no evidence of a "stroke". The hospital doctors told me I had suffered a cerebral incident possibly a severe migraine. The Scottish Crown Office will do nothing as "people lie to the courts in custody, divorce and separation cases". My attitude,that of my GP and Prof B. Knight is a doctor can never lie to a court.

Expert:  JGM replied 2 years ago.
Lying to a court is perjury and in the case of a professional would be treated very seriously. If you have given the evidence to Crown Office in the form of medical records and they say they are going to do nothing about it then you'll have to get onto your MP and MSP to help you get answers. The Crown Office has sole discretion as to whether a prosecution is raised or not but the politicians can ask them for the basis of this decision.
They may take the view, for example, that the doctor was expressing a professional opinion, which he is entitled to do even if his opinion is wrong. In those circumstances the Crown would be unable to prove a deliberate intention to lie or mislead the court (and accordingly any prosecution would fail) but you are entitled to an answer at least.
I hope this helps.
Happy to discuss further.
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