The Providence news. (Providence [R.I.]) 1891-1906, 1899-10-26
HARD BLOWS
FOR EXPERTS
Medical Evidence and Its
Abuses ExhaustiVa|y a|yDisCussed
BY JURISTS AND DOCTORS.
Judge Bartlett Finds Remedy ln the Ethics |
OfMedIcaI Profession.
Mr.. LEWIS ASKS FOR A COMMISSION.
The [sbste a Long and Interesting One = eo,d
Word for Alcohol as Food and Stmusn.
Spoken By Dr. Hills
Judge Bartlett Finds Remedy 10 the Ethics
OF Medical Profession
MR.. LEWIS ASKS FOR A COMMISSInN

New York. Oct 26.-Expert medical
evidence was dissected last eveiSlg nj
the session of the State Medical asso-
citation. which is now meeting at the
Acader<, of Medicine. in West Forty
third street The speakers were emf
nent iurists and the doctors sat back
in their chairs. and urged the debaters
t. spare nothing. The whole system
OF giving medical testimony was assall 81
ed and vigorously defended. and th~
only suggestion for the cure of the dis
ordered methods was made by w. w.
Bartlett, judge OF the Appellate dlvl-
sion of the supreme court.
There has been "A growing impression
among the medical profession lately
that there is something radically wrong
about the way some physicians give
testimony i'm the couss when their ex-
pert opinions are asked. Ii is freely as
serted that experts are hired for each
side. and that the physicians not only
testify, but even suggest questions TO
counsel. The questions are suggested
by DR.. Joseph ID. Bryant, the president
of the society and he pltted the various
debaters against each other and the
field.
Il
Judge Bartlett said that the purpose
of the present discussion would be 10
suggest some way 10 reform the evils
growing out of the fact that profes-
sional experts are generally believed tn
be influenced in the expression OF their
views on the witness stand by the COM
penSation which they have received or
expect 10 receive from the party which
place their evidence before the court
or jury.
He summarizes the various remedies
which have been proposed. These were
the appointment OF a commission OF
experts In insanity cases 10 examine
the person alleged TO be insane. before
trial. and make report; the appoint
ment of a like commission in any case
involving a question OF medical expert
evidence. without any compensation
except a fee 10 be fixed and paid by the
State: the relegation OF all matters |
calling for expert testimony TO a COM
mission of experts: and the appoint |
ment of expert witnesses, who must |
qualify themselves TO give opinion ev- |
idence nthe case without consultation |
with the htigants pr their counsel \ I
bill to carry this last scheme INTO ef- |
feet. has not vet become a statute.
Another plan Of reform is the enact |
ment OF statutory prohibition against
receiving any expert evidence from "A
witness who has been paid or expects
10 be paid, anything except the fees
prescribed by law.
MIR. BARLETTS DISAPPROvAL.
Having placed these various reme-
dies In an orderly row, Justice Bart
lett Knocked them down with smoothly
polished and rolling periods He char
acterized the introduction OF expert
witnesses into the common law sys-
TEN Of administering Justice as incon-
gruous.
1T aught never to be endured for a
moment" he said. that a judge should
have irresponsible advisers. protected
against cross examination. / may ex-
press nv own conviction that no
change has any chance OF adoption in
this State which does not leave the ex-
pert liable 10 the most searching cross
examination"
Judge Bartlett entered his dissent
TO the sweepingcondemnatl of medi-
cal experts. He said that there was
scarcely case where expert evidence |
was taken in which some OF the ex- |
perts are not perfectly honest. He said |
that when both sides agreed on one |
expert and pledged themselves TO |
abide by his decision an ideal state |
would be reached. The Judge said that !!
the physicians themselves. by their 1
own code OF ethics could regulate fha |
matter of expert Testimony more ef- |
fectlvely than any legislation could do.
SYSTEM GOOD ENOUGH NOW.
Joseph F. DAILY. formerly a supreme
Court Judge. and with his eyes ON the !
bench again. apologlzed for not having
"a FORMAL paper. on the ground that me
nao become conspicuous object"
IN poisics. am electioneering. he
said. and the doctors smiled indulgo,,t
~. Former Judge DAILY said thaf the
present system NJ giving expert testi-
mony was good enough, and as 10 ned
lcal experts receiving fees. ne tbougbt s
IL Just as proper for them TO rec~jys
pay FOR their services as II was for
lawyers 10 receive fees.
Charles T. Lewis set up the remedies
Nhicn Justice Bartlett had bowlel
oNer. re especially denounced the (
OF medical exnerts
lie held that In an exact science crosss-
examination was useless and only to,,1 !
ed TO decrease the respect az fba r,G
lie Tor the medical profession I-
said that the moment science st,,,a
sled Tor victory In the courts n Re
came Dseudo-science.
mere Is no form OF quackery.r ba
salu. that rs not foStored nv ~ -.
ltimony OF such medical evnorts
oecVInes easy to make plausible niea
~s",nst * tne authority OF science ana -
uo lnnnite harm" "Traditionot a',o 10 :,
sutton Is the phrase I'm which ~,
Lewis summed up the plea FOR ~, i .al'
,sm on expert testimony. He nrono.,s,
xnat All questions OF science be set,ioi s
by a commission. se''ed I
MADE A COMPARISON b
William Purrington. lawyer s.,s
tnat there was frequent dioo.e !