The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
The opinion of a medical man is admissible upon, the condition of the
human system at any given time; the nature and symptoms of disease;
the nature and effects of wounds; the cause of death; the cause or
effect of an injury; the character of the instrument with which a
wound was produced; the effect of a particular course of treatment;
the likelihood of recovery; the mental condition of a person; and on
similar subjects. For instance, where one was indicted for endeavouring
to procure abortion, the opinion that the woman was pregnant at the
time is relevant [295]. Where the question was whether a certain |117|
blow was sufficient to cause death; or whether a wound and fracture
on the head was caused by a fall; or whether the fractures of the
skull were caused by a gun; or whether a gun-shot wound caused death;
the opinions of physicians were held admissible [296]. The opinion of
medical experts will be received upon the question as to whether an
abortion has been performed, or whether certain drugs are abortives, or
certain instruments adapted to produce an abortion [297]. Experts may
testify, after having made a chemical analysis of the contents of the
stomach, as to the presence of poison in the body; and, without such
analysis of a mixture, a chemist may speak of its ingredients [298].
Those accustomed to make chemical and microscopic examinations of
blood and blood stains may speak as to whether certain stains are
made by human or other blood. So, too, they may speak as to the ink
in questions as to handwriting [299]. So, too, they may be asked their
opinions touching the permanency of any injury forming the subject of
an action. Also, in an action for damages against a railway company, a
physician may be asked at what period after the injury the plaintiff
would be most likely to improve, if he were going to recover at
all [300]. Where Barber sued Meriam for injury to his wife, and she had
been treated professionally for some weeks by Dr. H., the opinion of
another physician as to the effect of Dr. H.’s treatment was considered
|118| admissible [301]. And so in a case of malpractice a medical man
may be asked whether the practice pursued was good practice [302].
He may be asked as to the nature and properties of the medicines
employed by another physician in the case in question; also, as to the
practice with regard to consultations; also, whether, in his opinion, a
patient’s death was or was not the result of neglect or want of skill
on the part of the attending physician [303]. But he cannot be asked
his opinion as to the general skill of the physician on trial; nor the
general reputation of the school which the doctor in trouble attended;
nor can he say whether, from all the evidence in the case, the
defendant was guilty of malpractice, for that is the question for the
jury; nor can he say whether a physician has honorably and faithfully
discharged his duty to his professional brethren [304].
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