The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
In Illinois, a witness may, to test his knowledge, be cross-examined
as to his reading of particular authors upon the subject, and as to
whether reputable writers do not entertain certain views upon the
subject. Paragraphs from standard authors, treating of the disease in
question, may be read to the witness, and he may be asked if he agrees
therewith, as one of the means of testing his knowledge; but care
should be taken by the court to confine such cross-examination within
reasonable limits, and to see that the quotations read are fairly
selected so as to present the author’s views. Mr. Rogers questions the
wisdom of this decision [248]. The witness, however, cannot read from a
scientific work in his examination in chief, though he be an expert and
agree with the views expressed by the author [249]. Nor can a passage
from a book be got before a jury as evidence in an indirect manner,
when it cannot be read to them. So it was decided where a medical man
was asked if he was acquainted with a certain book; he replied, that he
had heard of it, but had not read it. He was then asked |101| whether
it was considered good authority, and he said it was. He was then asked
to read a certain paragraph; this he did, and was re-called. Counsel
then read from the book the same paragraph and asked if such a case as
that stated was reported. Held to be error [250]. And in Ontario it has
been held improper to ask medical witnesses, on cross-examination, what
books they consider best upon the subject in question, and then to read
such books to the jury; but they may be asked whether such books have
influenced their opinion [251].
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account