Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1899-10-28
MEDICAL WITNESSES.

Expert medioal.evid, Ice was dis;ected
ct the st sion of the New York State
Medical Association on Thursday. The
speakers were eminent juris-j, end the
doctors sat back in their chairs, and
urged the debatelS to spare not hing.
The whole system of giving CT medical
testimony was assailed End vigorously
deIeaded; and the ouly suggestion fer
the cure CT the disurdert ! methods was
msde by w. Ward Bartlett, judge OF
the appellate division of the supreme
court.
There has been agrowing impression
among the medical profession lately
that there is something radically wrong
about the way some physicians give tes-
timGnY in the courts when their expert
opinions are asked. 1t is freely assert.
ed that exper are hired for each side,
and the physicians not only testify, but
even sugg IT questions to counsel,
Judge Bartlett said that the purpose
of the present discussion would be to
suggest some way to reform the evils
growing out of the fact that professional
experts are generally believed to be
influenced in the expression Of their
views on the witness stand by the COM
pensation which they have received or
expect TO receive from the party which
places their evidence before the court
or jury.
He summarized the vaiious remedie ,
which have been proposed. These
were the appointment of commission
of experts in insanity cases TO examine
tne person alleged to be insane, before
trisl, and make report; the appoint
ueut of like commission in any case
involving g question OF medical ex-
pert evidence, without any compensa-
ion except fee to be fix d and paid
by the State; the relegstion of ali mat
tars talling for expert testimony to a
ommission OF experts; and the appoint
ment of expert witnesses, who must
qualify themselves to give opinion evr
dence in the case without consultation
with the litigants or their counsel. A
oill to carry this last scheme into effect
has not yet become statute.
Another plan of reform is the enact
ment of a statutory prohibition against
receiving auy expert evidence from q
witness who has been paid, or expects
| to be paid, anything except the fee pre-
scribed by law.
He characterized the introduction of
expert witnesses into the common law
system of administering justice as in-
cougruous.
"It ou hit never to be endured for a
moment" be said, "that judge should
have irresponsible advisers, protected
against cross examination. l may ex
press my own conviction that no
change has any chance of adoption In
this State which does not leave the ex'
pert liable to the most searching cross
examination"
Former Judge Daily said that the
present system of giving expert testl'
mony was good enough, and as TO med
icsl experts receiving fees, be thought
il lust as proper for them to receive
pay for their services as it was for law
yers to receive fees.
Charlton T. Lewis set up the rene.
dies which Justice Bartlett bad bowled
over. He especially denounced the
cross examination of medical experts
He held that in an exact science eros;
examination was useless and only
tended to decrease the respect of the
public for the medical profession
He said that the moment science
struggled for victory in courts
it became pseudo-science. There
| is no form of quackery," he said, tina
| is not fostered bv the testimony of sucf
medical experts. 1t becomes easy tt
make plausible plea against the au
rhority of science and do iD6aite harm.
"Traditlonal superstition" is the phras'
in which MIR. Lewis summed up th'
plea for the system of expert testl
mony. He proposed that all questions
| of science BIZ settled by commission
William A. burlington, lawyer
said that there was frequent ditferenc
| of opinion among such experts ss tn
| Judges. He related many ludicrous ex
amples of the handling of casss throug'
decisions aud reversals. His paper wa
along the same general lines as thst
Judge Bartlett. He said that slthoug
three competitors had got over the lin
ahead of him, he intended to go owe
the course.