Forensic investigations are not error free. Many cases have been screwed up because the pathologists were incompetent. For example, in the UK, Mrs. Sally Clark was jailed for life in 1999 for killing two of her sons, Christopher and Harry, but had her conviction quashed by the Court of Appeal in 2003 after spending more than three years in prison. The pathologist, Dr Williams, was deemed incompetent. Police, lawyers, and expert witnesses in the case were unaware of the results of microbiology and biochemistry tests on Harry until they were discovered in hospital records after Mrs Clark lost her first appeal against her convictions. The Medical Review Council review panel found that Dr Williams had been incompetent in doing the postmortem examination on Christopher, in attributing his death to a lung infection and failing to discuss the possible importance of bruises and a torn frenulum, which raised the possibility of unnatural death. The cause of death should have been put as “unascertained,” the panel said. The pathologist was also found to have been incompetent in several respects in performing the postmortem examination on Harry and to have failed in his duty as an expert witness. Delivering the GMC's verdict, the chairman, Peter Richards, said, “Whatever your own views, even if reasonable, you had a responsibility as an experienced forensic pathologist to consider whether test results might need to be openly discussed, before being discounted, in order to prevent any risk of a miscarriage of justice.” BMJ. 2005 Jun 11;330(7504):1347. doi:10.1136/bmj.330.7504.1347 The US has had its share of incompetence. Two of the more prominent cases were the Chief Medical Examiner in El Paso County, Texas, who was fired after misrepresenting his credentials on his resume and providing scientifically unsupported testimony in an Ohio death penalty case. Delaware's Chief Medical Examiner was dismissed and criminally investigated following an audit that revealed mishandled evidence, unauthorized side jobs, and severe management gaps. Canada had Dr. Smith, who necessitated the Goudge Inquiry after reviews revealed that Dr. Smith a highly trusted pediatric forensic pathologist, had made serious errors and provided flawed, unscientific testimony in dozens of criminally suspicious child death cases between 1991 and 2001. These mistakes resulted in at least 13 wrongful criminal convictions, tearing apart innocent families.
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