The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
Some Judges and writers have very little respect for the evidence and
opinions of experts. An Iowa Judge says, observation and experience
“teach that the evidence of experts is of the very lowest order, and
of the most unsatisfactory kind.” One from Maine, speaks of “the vain
babblings and oppositions of science so called, which swell the record
of the testimony of experts when the hopes of a party depend rather
upon mystification than enlightenment.” An Illinois Judge quotes a
distinguished occupant of the bench as saying, “if there was any
kind of testimony not only of no value, but even worse than that, it
was in his judgment that of medical experts.” Lord Campbell said,
“Hardly any weight is to be given to the evidence of what are called
scientific witnesses: they come with a bias on their minds to support
the cause in which they are embarked” [272]. Taylor says, “Perhaps
the testimony which least deserves credit with a jury is that of
skilled witnesses. . . . Being zealous partisans their belief becomes
synonymous with faith as defined by the apostle, and it too often is
but the substance of things hoped for, the evidence of things not
seen” [273]. On the other hand, Best says, “It would not be easy to
overrate the value of the evidence given in many difficult and delicate
enquiries, not only by medical men and physiologists, but by learned
|111| and experienced persons in various branches of science, art and
trade” [274]. And many Judges have spoken of the essential aid to courts
and juries rendered by the opinion of the experienced, skilful and
scientific witness who has a competent knowledge of the facts involved.
Public-domain text, read in full here on John Shaqi.
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