Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
In certain comatose states of the brain, as those produced by depression
of bone, the operation of narcotic substances, or the violence of fever,
we must admit the possibility of such an occurrence; _Hippocrates_[384]
relates the case of a woman who was delivered during a state of
insensibility, in the last stage of fever, from which she never
recovered, and therefore died unconscious of the event. In the _Causes
Celèbres_,[385] the case of the _Comtesse de Saint Geran_ is recorded,
who having been plunged into a profound sleep, by a medicated draught
prepared for that purpose, brought forth a son without being in the
least conscious of the act that gave it birth; and when she awoke, on
the following day, bathed in her blood, and exhausted in strength, and
demanded her infant, the artful attendants denied the fact of her
delivery. Women have moreover given birth to an offspring in _articulo
mortis_; and many instances have occurred where the infant has escaped
from the womb during the exertions of the mother to evacuate the
contents of the bowels.
Q. 2. _How far the term of Utero-gestation can be shortened, to be
compatible with the life (viabilité) of the offspring._
If this question could be decided by the number of recorded cases, we
should be called upon to acknowledge the possibility of the fœtus
surviving at extremely early periods; _Capuron_[386] relates the case of
_Fortunio Liceti_, who, it is said, was born at the end of four months
and a half, and that he lived to complete his twenty-fourth year! In the
case of _Marechal de Richelieu_ the parliament of Paris decreed that the
infant at five months possessed that capability of living to the
ordinary period of human existence,[387] (_viabilité_) which the law of
France required for establishing its title of inheritance. The Roman
law[388] “_de suis et legitimis hœredibus_” establishes, upon the
authority of Hippocrates, that an infant may be born _six months and two
days_ after the term of conception; while a second law, sanctioned also
by the same high authority, requires an interval of _seven months_
between the conception and delivery; this discrepancy receives
explanation from the fact that the ancients fell into many
contradictions from indiscriminately using in their calculations lunar
and solar months; thus, for instance, _Hippocrates_ uses the former in
his books “_de Septimestri et Octomestri partu_,” while in those _de
Alimento_, _de Carnibus_, _de Epidemicis_, the latter uniformly
constitute the basis of computation. Physiologists of the present day
consider that a fœtus born before the completion of the seventh month
has a very slender chance of surviving, although instances have occurred
where the life has been preserved after a birth still more premature.
_Hippocrates_ and other ancient physicians entertained a conceit, which
has even prevailed in the more modern schools of physic, that an infant
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