The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
Although, as a rule, scientific books cannot be read to a jury as
evidence, they may be read to discredit the testimony of experts, who
claim to be familiar with them and refer to them as authority. Where
one borrows credit for his accuracy, by referring to books treating of
the subject, and by implying that he echoes the standard authorities,
the book may be resorted to, to disprove the statement of the witness,
and to enable the jury to see that the book does not contain what
he says it does, and thus to disparage the witness, and hinder the
jury from being imposed upon by a false light [252]. It has been held
again and again that scientific books cannot be read by counsel to
the jury as a part of their argument. Shaw, C.J., of Massachusetts,
says, “Facts or opinions cannot be laid before the jury, except by
the testimony under oath of persons skilled in such matters.” Again,
“where books are thus offered (_i. e._, to be read in argument), they
are, in effect, used as evidence, and the substantial objection is,
that they are statements wanting the sanction of an oath; and the
statement thus proposed is made by one not present, and not liable to
cross-examination. If the same author were cross-examined, and |102|
called to state the grounds of his opinions, he might, himself, alter
or modify it, and it would be tested by a comparison with the opinions
of others. Medical authors, like writers in other departments of
science, have their various and conflicting theories, and often defend
and sustain them with ingenuity. But as the whole range of medical
literature is not open to persons of common experience, a passage may
be found in one book favorable to a particular opinion, when, perhaps,
the same opinion may have been vigorously contested, and, perhaps,
triumphantly overthrown, by other medical authors, but authors whose
works would not be likely to be known to counsel or client, or to
Court or jury. Besides, medical science has its own nomenclature, its
technical terms and words of art, and also common words used in a
peculiar manner, distinct from the received meaning in the general use
of the language. From these and other causes, persons not versed in
medical literature, though having a good knowledge of the general use
of the English language, would be in danger, without an interpreter,
of misapprehending the true meaning of the author. Whereas a medical
witness could not only give the fact of his opinion, and the grounds on
which it is formed, with the sanction of his oath, but would also state
and explain it in language intelligible to men of common experience.
If it be said that no books should be read, except works of good
and established authority, the difficulty at once arises as to the
question, what constitutes “good authority?” [253].
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