Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-04-29
No VII

In his seventh lecture, Mr., Phelps contin-
cd himself to the consideration of Fictitious
injuries" and pretended diseases claimed tC
have grown ont of fictitious injuries. ll'
remarked that he could do little more thar
to point out what o.ght to be learned with
out doing anything towards teaching wha
the physicians ought to know Forthis reason
he had been led strongly towards the con
clusi0n that the lectures on medical juris
prudence should be alternated between u
lawyer and a physician in order that the two
sides of this subject THE medical and th,
legal-might be taught in their proper con
nectiOn. Introducing the subject OF Tho
lecture Mr. Phelps said that probably th'
great majority of cases in which physicians
are called into courts to testify, are cases
for personal injury arising from some cause
for which the law gives redress in the way
of damages, and that the most of thes'
cast 5 are genuine claims and are entitled Il
suitable redress. But each successful
suit for damages in behalf Of aperson who ha
been in njurcd, is apt 10 give rise to multi
tude OF fictitious claims for the purpose o
obtaining damages and, as insurance people
have long ago found out That there is nothing
lawyers have found out that there is nothing
more likely to aggravatc injuries sustaine,
by accident thnn an existing claim for dana
yes 1t is astonishing how many casei
oi pernuncnt-ahsolutrlyi incurable-injurie
are received, and how fast they recove
from the hurt after they have recovtrrt
ADEQUATE damages Now these claims hav'
increased su much in late Years that actlon
against towns for injuries sustained by tie
frcis in highways have recently been abolish
ed by law in this and other States, on nc
count of their abuse because the basis q
all laws, The greatest good 10 the creates
number, requires that ihps. honestly entltle,
10 redress should b. deprived OF 1t raile
than to subject towns to the eXurbltan
claims which are sometimes made. Nothln.
has contributed 81 much To the prevalence o
this system Ot deception rs one or tNo mod
ern theories of injury, and nt disease result
ing from injury In eases where there il N
external indication of injury, no fracture
no bruisr, no discolnration, that y"n cal
srr pcrsoI.s come into count claiming llama
yes On the ground OF injury Ia nerves run
ming To thu spine producing paralysis ol In
limbs without any external appearance
all This icmaI kahic disease WAS Callc'
partial cuncusslun at the spinr marrow am
would begin 10 affect the patient three u
four months after the nrri,i,nt without an
constitutional symptoms al all except an lna
bilily tu move The limits. This idea after
time WAS exploded and more recently tha
theory has assumed another plas., which
still more ingenious and sometimes NOR
successful. 1t is claimed that an lnlur
sustained by the vcrtebral nerves may pro
duce puruy sis of the limbs in course OF tlmt
in consequence Of an injury which cam,
! be seen.
Now the advantage OF that theory is lha
it may he true, there may bc just such II
injury aud il may result III Just such dlscas
-puTulysis This disease has had such
run that in England book has been write
about IL and they call il railway SPIN. h'
cause II 81 constantly attends railway ace
dents. DIR. Ericsson has shown by staiistlc'
which are 81 formidable when you g'
enough Of them together, that while Sre'
number Of passengers get the paralysis Tia
comes from an injury 10 the vcrtehral ncrS
| il neeer attacks the employees ot the r'ad'
Brakemeu, hremen and conductors set hnI
often cnouyh and yet arc never aitlcted VII
the disease, but il the right sort oi II p'ssScI
g ger is there al the time you may reckon vi
= on paralysis with absolute certainly.
A physician of course Is never called NJ"
10y u man Wn'i liplhls'S l' ''Hiiiii' INV ''"'''
to help linn commit II. The prop"slll"
would he an insult. On the contrary whr
! the physician is called upon to attend u
: case nnihins ~ said about damages. IL
patient Is very much afflicted aud wants hell
d il does not occur Ia the doctor TINT the ma
a is shutting himself up and paying u doctor
hill tor the sake oi pretending /" he hur
! lie believes the symptoms detailed L" hit'
r becomes Interested in the case, MI
l traces it back To the accldcn
= About this time the patient btcon'
p interested in the matter AMI develop
. inst the symptoms that the doctor ~ ev
I IDENTIFY looking for aud 10y AMI 10y there
IA law suit. Physicians are brought III wi
l examine the patient from STANDPOINT ol sn
pcion aud pronounce 1t all n fraud III,
T the physician who attended the case and wi
A started II. calls in his friends who believe IL
n symptoms he believes, the other sldc Is II
Z intnicr,l and the jury ot twelve men selec
r ed because they don't know anything aho'
A II. decide the case in favor ot the most pop'
: Inr man or the most ingenious and eloquei
, advocate.
o After further considering the sublt'
i chiefly from the legal point OF view, the l.'
,urer concluded by drawing attention TO Il