The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-11
Of these subjects as are now exciting medical

Of these subjects as are now exciting medical
discussion. ,,..
In some Of the oldest and most denss,ly
inhabited States where are invariably ue-
veloped evils unknown In States spafssly
populated malicious suits, professedly Tor
malpractice but really Tor nlhrhthhIi. hnss
grown to such an evil, that IN 1878 The NJ Hlne
Medical Association resolved that, Wltn .l.e
existing laws on civil malpractice, It 10 unsafe
to practice surgery among the poor. Appa-
rently, out of 600 physicians In the State, l25
have been prosecuted The legal remedy
sought for Ii, ''bonds compelling the platinum,
In case of defeat to pay the taxable costs" ~
Other aocieties nave recommended that all
stlits for malpractice should be tried by
special Jury Of physicians. From the same
class OF States the report is often repeated
that criminal abortion La constantly ana
to the Maine Medical Association that the
cases annually were not less han two thou
and. while member Of the Wisconsin State
Medical Society reported Ia 1870 that no ply
siclan would dispute that, where one living
child was born into the world, two are done
away with by means of criminal abortion"
Most medical societies demand better laws
but others report that the evil In their States
Is due not to the laws, but to their inefficient
execution; and, In confirmation 81 this, the
report from Maine 10 that "it Is impossible to
get an attorney to prosecute, or jury to
convict. an afaortiOnist'
Defects Of the laws as to the insane are to
be found III every State Though numerous
and grave alIusion will be limited to two. :, I
these defects. In some Of the States, while
the alleged insanity Of criminal, and OF q
dead man who has left a will, must be decided
by Jury, yet QUO or more Uf such doctors,
as the laws SO loosely recognize, can issue q
certificate which will conslgn an Innocent
living man to an insane asylum, which 10
him Il virtually b penitentiary. II Is believed
that as yet Maine, New York and Wisconsin,
are the only States which have provided
wisely for the trial Of criminals alleged to be
insane
The question, whether court can force n
medical expert to testify without securing
him adequate ompensation, has In recent
years excited SO much interest that medical
societies have even resolved TO raise the issue
and force the courts TO decision. This was
pertinent to this question. English courts
have decided that a scientific expert need not
attend subpoena, that his testimony cannot
be forced, and that he must be compensated
In 1877 the Supreme Court OF Alabama de-
cided to the contrary: but, also IN 1877, u cir
cult court OF West Virginia concurred In the
English view: In 1878. Judge Clark, In the
case of the estate of Texas VS.. Jasper
Weathers," decided that he knew OF no law
to force physician to attend court. and tes-
tify az an expert, without compensation !"
and, also In 1878, the Supreme Court OF In
diana, reversing the decision Of a lower court,
maintained the experts right to compensa-
tiont The Iowa Code of 1873 land probably
the laws OF some other States wisely pro-
yides that witnesses called to testify only to
an opinion. founded on special study or expe-
Renee in any branch Of science, or to make
scientific or professional examinations, and
to state the results thereof shall receive adj
ditional condensation, to be fixed by the
court with reference to the value Of the time
employed, and the degree Of learning or skill
required This law grants all the medical
profession demands.
Questions, however, referring to expert
medical evidence, far more ilnporta mt than
this to Justice and to the interests Of the peo-
pie are-whom should the law recognize as
experts, how should these be selected. and
how should their evidence on decision be- rem
dered? In this matter the laws which, when
first enacted may have been justifiable or ex-
progress of medical science, become II mere
inockery of justice. In proof Of this will
repeat here that which l. intend to repeat on
every appropriate occasion-tbat. las gem
eral rule 1t has been adjudged by the State
courts of this country that any practitioner
of medicine THAT is, any man who dubs him
self DOCTOR has sufficient knowledge OF med
ical science to furnish justice with its "best
attainable evidence and that, as results OF
our laws, "ths power OF medical science,
crippled at the eoronerfs inquest, Is prostitut-
ed by the partisan opinion Ut incompetent ex-
perts, then perverted by advocates, and Mt
last, when emasculated of all vigor, Is sub
mitted for decision to those unable to ssti-
mate its weight"
cannot leave this subject Of medical wit
nesses, without recording the greatest triumph
yet accomplished by American medical juris-
prudence, q triumph which, on this subject,
places Massachusetts in advance OF every
English-speaking people. For. oil these, all
others still maintain that Insult t0tnedical, as
1t ls to legal science, the medlco-legal office
yartr RI ~
should be both medical and legal expert,
but whom our medical laws encourage to be-
neither. Louisiana makes herself, In this
matter, exceptionally ridiculous by enaeting
the superfluous negation, that 1t shall not be
necessary that no (the coroner shall have
had medical or surgical education, or have
been regular practitioner OF either branch
of SCIENCE On the other hand Louisiana
has wisely required from every coroner an
annual statistical report TO the General AS
report would prove extremerly instr uctive,
and tend, as 1t has done in England to des-
troy all respect for the corpnOr's Office, who
ever saw such consolidated report, or ever
heard of the execution OF this laws But,
returning to the instructive example of tti-
umphant progress, permit me to report, that
on October 4, 1876, at stated meeting OF the
councillors (delegates) of tho Massachusetts
Medical Society, 1t was voted that q COM
mittee OF five be appointed to take into con-
6lueTAGlOn tlt NplecbS Ol tHe present lHWS TeI-
alive to the appointment and practices Of
coronors, so far as these defects involve the
medical profession, and to report at the next
nesting what action, II any, Is desirable"
At the next meeting, February 7, 1877, this
action was strengthened; and at the annual
meeting June IL, 1877 the committee rppor-
ted that it had met with speedy and remark
able success. In fact on May 8, 1877,
the Governor had approved IAN act to abolish
the office of coroner, and to provide for medi-
cal examinations and inquests in cases OF
death by violence" The pith Of this law Is as
follows: While coroners had been required in
Massachusetts as they now are elsewhere
to discharge the incom patibe duties OF medi-
cal examiner and Judge that is, of an expert
medical witness and OF an expert Judge Of
Massachusetts has now divorced this Ill.
assorted union Of centuries; has created the
medical examiner" for the performance Of
one duty, and has transferred the other to the
judges OF the courts, and has specially enacted
that whether a homicide has been committed
or not is a medical question, and whether
that homicide be the result OF accident, or be
justifiable homicide, or manslaughter, OF
murder, Is legal question"
Thus, laws sanctitied by centuries OF here