The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
On the other hand, Shaw, C.J., said, “such opinions (as to sanity,
etc.) when they come from persons of experience, and in whose
correctness and sobriety of judgment just confidence can be had, are
of great weight, and deserve the respectful consideration of a jury.
But the opinion of a medical man of small experience, or of one who
has crude and visionary notions, or who has some favorite theory to
|124| support is entitled to very little consideration. The value of
such testimony will depend mainly upon the experience, fidelity and
impartiality of the witness who gives it” [320]. And Chief Justice
Gibson speaks with just emphasis of the the deference due, in their
own department, to the knowledge obtained by men of a subject with
which they have grappled all their lives [321]. The Supreme Court of
Texas declared, “The opinions of medical men (on questions of insanity)
are received with great respect and consideration, and properly so.”
The Supreme Court of Pennsylvania says, “It is well settled that
the knowledge and experience of medical experts is of great value
in questions of insanity.” Equally strong are the utterances of the
Court of Appeals of West Virginia and the Supreme Court of North
Carolina [322].
Where the point in question is the sanity of a person, the opinion
of a medical man on the subject is, of course, admissible when that
opinion is drawn from personal observation. This is the rule both in
England and the United States [323]. But a medical man may also give his
opinion on this subject, even though he has no knowledge of the person
whose sanity is in question [324]. It has been suggested, that when a
physician is asked his opinion on the facts stated by other witnesses,
he should be first examined as to the particular symptoms of insanity;
and as to whether all or any, and which of the circumstances spoken
of by the witnesses upon the trial are to be regarded as |125| such
symptoms; then inquire of him whether any and what combination of these
circumstances would, in his opinion, amount to proof of insanity [325].
It has been held to be improper to ask a medical witness whether the
person, whose sanity was in question, possessed sufficient capacity
to make a will, or to transact business, as these are matters of law,
depending on the nature of the business [326]. In England such witnesses
can only speak as to the state of mind, not as to the responsibility
of a prisoner; this latter point is for the jury under the direction
of the Judge [327]. So, on the plea of insanity at the time of making a
contract, the opinion of the medical man who gave the certificate on
which the defendant was confined as insane at or about the time, is
only evidence for the jury, who must judge of the grounds upon which it
was formed [328].
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