The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
Taylor, in his well-known work on “Medical Jurisprudence,” lays down
many valuable suggestions for the guidance of medical witnesses;
among other things, he says, “In reference to _facts_, a medical
witness must bear in mind that he should not allow his testimony to
be influenced by the consequences that may follow from his statement
of them, or there probable effect on any case which is under trial.
In reference to _opinions_, their possible influence on the fate of
a prisoner should inspire caution in |107| forming them; but, when
once formed, they should be honestly and candidly stated, without
reference to consequences.” “The questions put on either side should
receive direct answers from the medical witness, and his manner should
not be perceptibly different whether he is replying to a question
put by the counsel for the prosecution, or for the defence.” “The
replies should be concise, distinct and audible, and except where
explanation may be necessary, they should be confined strictly to
the terms of the question.” “Answers to questions should be neither
ambiguous, undecided, nor evasive.” “The replies should be made in
simple language, free from technicality.” “A medical witness may,
without any imputation upon his _bona fides_, explain medical points to
counsel, and correct him on medical subjects, when wrong in his views
or statements, but he should avoid even the appearance of prompting
counsel in the conduct of the case.”
|108|
CHAPTER VIII.
MEDICAL EXPERTS.
Whenever the subject matter of a legal enquiry is such that, from its
partaking of the nature of a science, art or trade, inexperienced
persons are unlikely to prove capable of forming a correct judgment
upon it without assistance, then the opinions of witnesses possessing
peculiar skill and knowledge in the matters in question are admissible
in courts of justice. And it is only when the matter inquired of
lies within the range of the peculiar skill and experience of the
witnesses, and is one of which the ordinary knowledge and experience
of mankind does not enable them to see what inference should be drawn
from the facts, that the skilled witnesses may supply opinions as their
guide [267]. The rule admitting the opinions of experts in such cases
is founded on necessity, for juries are not selected with any view to
their knowledge of a particular science, art or trade, requiring a
course of previous study, experience or preparation [268].
Public-domain text, read in full here on John Shaqi.
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