The Leon reporter. (Leon, Iowa) 1887-1930, 1907-07-04

Mr.. PRESIDENT AND MEMBERS OF DE-
CATUR COUNTY MEDICAL ASSOCIATION:
Medical Jurisprudence is "that science
which applies the principles and prac-
tice Of the different branches of medi-
cine to the calculation of doubtful ques-
tions in courts of Justice" Or, it may
be defined as "that science which
teaches the application of every branch
of medical knowledge to the purposes
of the law; hence it's limits are, OH the
one hand, the requirements of the law,
and, on the other, the whole range of
medicine. Anatomy, physiology, medi-
cine, surgery, chemistry, physics and
botany lend their aid as necessity arises;
and in some cases all these branches of
science are required to enable court
of law to arrive at a proper conclusion
on contested question affecting life or
property"
Therefore, it is "obvious that the
whole subject of medical jurisprudence
is question of evidence" The medi-
cal expert, when called as witness, is
required not only to state the medical
facts arising within the scope of the
inquiry, but to give his opinion as based
upon those facts to which he has testi-
fed. He may testify as to the con-
illusions reached by science as drawn
from specific experiments. He may be
asked as to the condition of health of
the person in question whom he has
attended. He may give his opinion,
when in answer to proper question, as
to the probable cause of death of an
individual. He may give evidence as to
the presence of poison in the stomach.
And the medical expert may give gen.
orally an opinion on medical facts as
observed by himself, or as observed by
others and given in evidence.
AS to the qualification of medical ex-
perts no definite rule can be laid down
with reference to the degree of skill
which he should possess in order to
testify. 1t seems to be sufficient if he
possesses the average ability of men,
bers of his profession. However, in
some States in cases of insanity more
than the ordinary qualification is re-
CURED.
Since the relation that is sustained
by the physician to the patient Tor one
upon whom he attends), is essentially
close and intimate it becomes important
to the physician to know how far he
as a witness may be compelled to dis
close that which he has learned by
reason of the confidential relation.
At common law confidential communi-
cations between attorney and client re-
dating to matters of professional en-
ployment, on grounds of public policy,
cannot be divulged by either on the
witness stand, without the consent of
the other. All courts will interpose to
protect parties entitled to the privilege.
But if a party to suit offers himself as
a witness in his own behalf, he cannot
upon cross-examination refuse to answer
questions asked as to any conversation
with his counsel, testified to in his
direct examination. But neither the
common law of England nor of this
country, protects similar conversations
made between physician and patient
And in the absence of statutory pro-
visions to the contrary, they may be
required as witnesses, tO disclose in
formation acquired in professional con-
fidence, and even where it was necessary
for the proper advice and treatment Of
the patient.
However, experience proved that much
Injury resulted from the common law
practice, and statutes of various States
now make not only confidential COM
munications to physician or surgeon
by patient privileged, but extends the
same to the layman and the clergyman
or priest. The Statutes of New York
provide that person duly authorized
to practice medicine or surgery shall
not be allowed to disclose any informa-
tion which he acquired in attending a
patient in a professional capacity, and
which was necessary to enable him to
act in that capacity. 1t has also been
held in that state, under the Statute
that it is not essential that the rela-
tions Of physicians and patient should
actually exist, but it is sufficient if the
physician visits person under such
circumstances as to lead the latter to
believe that the visit was professional
one, and to induce the patient to make
disclosures on the strength of such be.
lief. 1t may be observed that if, as be-
tween attorney and client, commune
cation is privileged, it cannot be dis.
closed by the party to whom it is com
municated, when called as witness
either in a civil or criminal proceedings
And the privilege, it is held, is not
limited to oral discourse, but covers all
disclosures by writings, documents
books, papers, pictures or other visible
or material objects. The same doctrine
would be applicable to the relation o
the physician and patient.
In Iowa the law provides, that enc
practicing attorney, counselor, ply
sician, surgeon, or the stenographer OF
confidential clerk of any such person
who obtains such information by reason