New-York tribune., 1912-04-01
ASSA|L MEDICAL EXPERTS
Prominent Lawyers Declare They
Bring DisCredit on Profession.
ADVOCATE A NEW SYSTEM
Plan to Have Only Disinterested,
Competent Men Selected by
Board of Doctors.

An alienist testifying for the defendant
in one of the fairly recent trials for homi-
eide, at which one Of those picturesque
advertently coined the word "brainstorm"
as applicable to the mental condition of the
man on trial The term Immediately be-
came popular. but only as a token OF the
ridcule in which such testimony generally
Is held hy lawyers and laymen alike.
The testimony of physicians testifying as
experts. has continued TO receive the con-
demnation of those familiar with the pres
ent court proceedings in such cases. until
the New York Academy OF Medicine and
other medical organizations have felt II in
cumbent upon themselves for the good OF
the profession 10 take steps to obtain a
more digniied and convincing method OF
presenting such testimony 10 jury.
In view of the movement to better these
, conditions. the opinions of several we'll
, known members of the New York bar on
the subject were sought and appear in the
current issue OF The Medical Times" Five
lawyers agree that the present pay as you
enter" method of obtaining medical experts
TO testify favorabv for either the defence
or the prosecution. as the case may be. is
wholly ineffective ana unsatisfactory. The
remedy most in favor among these lawyers
is that such expert witnesses should be
passed upon by some representative au-
thority to their qualifications and lack of
prejudice and then be paid compensation
fixed by law and barred from recovering
any additional fee from defendants or
plaintiffs. John L. Lockwood suggested
that the elimination Of the cumbersome
hypothetical question as basis upon which
the medical expert expresses his opinion,
! employed more often, perhaps. in murder
cases, would go a long way toward solving
the whole vexed question of expert test
mony. Mr.. lockwood said.
In their place the expert might be re-
quired 10 be present in court and 70 listen
| 10 all the evidence. He would then he as
10 the faGts N the same situation as the
judge and jury. He then should state his
oplnlon, but his opinion should be disre-
garded unless he followed 1t by a state
ment of the facts IN evidence upon which
expert and the honorable lawyer and the
honest litigant this course would hold no
terrors Possibly these three Graces are
never united on the same side in the same
cause. The efficiency, however. Of many
Of the present shuifiinGS and shftings of
astute experts, lawyers and ltigants would
De dlfIllllSned. Inc expert VINO omitted
salient facts would b. ruined on cross
examinations the lawyer who now asserts
the assumed facts to accord with his
clients claim would see this power taken
from him; the litgant could not buy
ready made opinion because he could not
be assured that only facts favorable To
him would be the basis Of his experts opin-
ion.
knowton Durham expressed the opinion
| that the present system is far from giving
the jury the benefit Of the best evidence
Obtainable by expert testimony.
Frederick T. Whitaker lecturer on Law
az Columbia University. commended the
| object of the act proposed to secure expert
| opinion as a guide to the court, which will
| he known To be unprejudiCed and there
! fore become an efficient means To the asccr-
| tainmcnt Of the court. Mr.. Whitaker su,
! gested. however. that the selection Of such
| experts should he left to some representa-
! tive medical board, which would be. In his
! opinion, i'm a better position than Judge
| OF the court to select such mon with the
! sole view of their competence.
Leonard g. McAneny declared that un-
| der the present practice the average jury
| seems to take physician testityng on
| one side of a case 10 be retained by the
! interested party i'm much the same way as
| the attorney il retained and that the jury
apparently believes he Is bound to support
| his client in all things In fairness 10 the
| medical profession plan should be pro-
! vided for obtaining dSinterested experts
ne said Such witnesses should bc selected
| they be experts and in every way disinter-
estrd McAneny suggested that an eligible
list should be prepared OF men VINO nave
uassed a rigid examination and nave quail
6od I'm length and scope OF experience ana
other ways. or list might be made up
Of men nominated by the Academy OF
Medicine or other recognized representa-
tive association Of the medical profession.