The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
It would appear that in a proper case the Court, in the interests
of justice, will compel the exhuming and examination of a dead body
which is under the control of a plaintiff, if there is strong reason
to believe that without such examination a fraud is likely to be
accomplished, and the defendant has exhausted every other method known
to the law of exposing it. However, such an order should be made
only upon a strong showing to that effect. “It would be a proceeding
repugnant to the best feelings of our nature, and likely to be in many
cases so abhorrent to the sensibilities of the surviving relatives,
that they would prefer an abandonment of the suit to a compliance
with the order.” Thus spake the court in a case where the order for
exhuming was asked for and refused as not being justified under the
circumstances. The action was on a policy of insurance, and the defence
was, that the insured had falsely warranted that he had never received
any serious personal injury, whereas his skull had been fractured in
boyhood, and had been healed by trephining. To prove this, the company
proposed to disinter his body, after the suit had been pending eighteen
months, upon the sole testimony of his physician, that the deceased
had said that he had been told of such an accident and operation. The
counsel for the plaintiff called the proposal “revolting,” and said
that to break the signet of the grave, and take from its resting place
the sacred property of relatives to gratify the corporation’s mercenary
curiosity, would be worse than Shylock’s demand [432].
|160|
CHAPTER XIII.
DENTISTS.
The need of dentists existed long before dentistry. The Preacher knew
of the inconveniences which arise when the grinders are few. Marcellus,
about B. C. 380, gave two receipts for toothache. One is, “Say,
‘argidam, margidam, sturgidam;’” the other is, “Spit in a frog’s mouth
and request him to make off with the complaint.” These are given in
Glenn’s “Laws affecting Medical Men.”
Public-domain text, read in full here on John Shaqi.
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