The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-25

sion In any case involving question OF medi
cal expert evidence to report to the Court ana
any compensation except a fee to be fixed and
paid by the state. -. u,
80 The relsEatLon OF all matters alters ealing ca
psrts who shall transmit their determination
TO the trial Court which must accept II as 2
fact concluslyoly established In tho case; ahu'
-Four, the appointment Of expert witnesses.
who must qualify Themselves to give opinion
evidence In the case without onsuItatIon with
tho ltiRants or their counsel. and VINO shall ~
COMPENSATED for their service, out OF t ths
"A Bill to carry this last scheme into effect
T T o, The New York State Bar
citation and three medical societies belong
s ling to hf three the laws Of mf I'll;
State. but It has not yet become a statute; An,
other plan, OF reform. suggested by a nudge 81
of u statutory .prohi biton agalnst receiving
any expert evidence from witness who has
either party, except the fees prescribed by law.
for HE attendance at court.
appointing OF u body OF official witnesses with
the purpose OF obtaining witnesses OF higher
authority than the general witness; -, III ne ne
Judge. believe. that IN nine cases out OF ten.
,.S jury would the ~ s Sns sss6
approval OF the bar. and 1 doubt very much
the bar 0ea ee.s the saps
Under ths Constitution o. our State we
vert the official experts It is conceivable, too.
appointed. In what position would a MUSICIAN
accused OF malpractice and condemned by an
pefmttsd to c Ssf his brohsr phy.oaas to
asd f6G "t Of The oiicS board wsr. in fautf
T., I In ind a1 IN hA
treated by the physicians OF many eminent and
learned Judges whom | know Laughter, yet
sioan appointed to such board ~ those
judges nb,nr0 ,,,,rv cb,r.o q, h.,,o brouob,
sub Get TO eross-eIaml y alton. This as well as
contradiction by outside experts would have
The nr O. II Il. oS
drastic law suggested Is the prohibition Of tes-
to from a sops or he to BY prspnre
The case. II this Is designed to pro.
nbs any nhg.d to medical bor me:
iiestly unreasona6le,, II. on the other hand.
receiving pay from litisants and to providing
for their remuneration by the State. then, OBJ
lection is due from the taxpayers upon whom
this would prove heavy burden.
Neither the bench the bar nor public senti;;
ment Is at present PREPARED for such aradical
com m on law as a jury OF experts. The term
experts applies lot only to the IN edica proies-
edge along any line y so II we have n medical
find a demand for similar secondary juries Of
artists. architsots. real estate men and 80 on.
The ideal procedure in negligence case for
instance. 10 for Judge to appoint an expert
that they VIII cali no body else in contraventlon.
This is permiSslve, and therein lies It's value.
OF experts appointed by the court at the request
OF both parties to be paid by the State.
fesslon Of the high responsibilities in the nat
tor OF testimony regard as hopeful sign. I
sioans to the effsot that when called upon ni for
his professional opinion upon injuries which
are to be the basis Of damage suit. the medi-
cal man shall mako IL understood that he Is to
be can tsstiy that the patient is seriously In.
II dissent from the .wsoplnS condemnation
81 medical experts. expressed by many courts.
medical 81 rat
We cannot cnrTy on the administration OF
You medical mon have a code OF professional
ethics by which you regulate your own conduct
duet OF the medical man as an expert witnsss?
Your code has all tho force Of a statute and
be ar
and other courses dishonorable. your, code
all snd tina;
affairs This would In no wise interfere with
the present system OF judicial procedure. and
the bench and bar would lendto 1t their willing
assistance"
Ex-Justice Joseph F. DAILY spoke next and
said that the system OF expert evidence was an
outgrowth OF the English common law system.
Ninety nine cases out OF q hundred. he said,
involve Q fair difference OF opinion among
experts. He thought thatno effective substi-
tute for the present system could be
found. Charlton T. Lewis. the next speaker.
took the opposite view. Expert evidence, he
declared. is an evil. The ideal plan In cases
involving expert testimony would be q COM
plete separation OF tribunals. the expert
teRtimon y to be heard before a special tribunal
OF scient lists and the rest OF the case before tho
usual legal tribunal. W. A. burlington and
DR.. Theron A. Wales also spoke on the su bjsct
OF m edlcal experts.