Medical experts: Investigation of Insanity by JuriesThorne, W. S.
Science
Medical experts: Investigation of Insanity by Juries
Thorne, W. S.
Insanity (Law); Medical jurisprudence; Medicine -- California
Again, medical men are frequently summoned as experts by opposing
counsel, between whom there is known to exist personal animosities or
professional jealousies. The usual result is anticipated by the legal
gentlemen. The doctors contradict each other; the lawyers are delighted,
the jury puzzled, and the Court is disgusted with medical testimony. An
advocate will not infrequently subpoena his medical friends to testify
in a given case. Testimony thus elicited is of necessity biased by the
personal influence of the attorney and the _ex-parte_ statements of
facts derived from the same source. The medical witness is thus led by a
piece of legal _finesse_ to rebut the evidence of the experts on the
other side, which he would have unhesitatingly endorsed in the
consulting room. The doctor has perhaps satisfied a little ambitious
egotism--he has assisted the attorney to win his cause; but he has done
so at the sacrifice of personal dignity, professional unity, and the
respect of both court and jury. _Biased_ expert testimony is a shame and
a disgrace to our profession. It is infinitely baser and more ignoble
than rank perjury, for perjury is often the child of fear, of hate, of
avarice; but what language shall be found adequate to characterize a
student of science, enlightened by education and refined by gentle
associations, who can so far forget his duty to himself and society as
to prostitute his knowledge to so ignoble a purpose? Again, medical men,
after graduation, are prone to neglect the systematic reading of new
books and journals. Their reading is desultory, and as the increasing
demand of professional duties press them for time, they come to rely
more and more upon their own experience, with an overweening confidence
as to its entire accuracy. Now, no sane man doubts the value of
_individual experience_. As well might you deny the value of a single
dollar because it is only one. "I have been in practice twenty years,"
exclaims a neighbor, "and I speak from experience; I am right!" True to
the extent of that one experience for twenty years; but suppose twenty
other observers, who have systematically recorded their experience for
the same length of time--who are at least your equals in the profession
and vastly your superiors in their opportunities for observation--should
have met with results adverse to your own, would you not pause ere you
ventured to assert the accuracy of your knowledge under oath in a public
tribunal? The experience of one man, though of incalculable value, is as
naught to establish the truth or falsity of a principle; observations
must be numerous and widespread, least the inductions therefrom lead to
erroneous conclusions. The most successful ovariotomist is he who has
never lost a case, but can it be truly said that he who has had but a
single case, and saved it, is the man?
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