History

Adversity Essay


At the tops of the stalks and branches standyellow flowers of five leaves a-piece, with thesis yellow threads in adversity essay themiddle, which being bruised do yield a reddish juice like blood. Afterwhich come small round heads, wherein is contained small blackish seedsmelling like rosin the root is hard and woody, with divers stringsand fibres at it, of a brownish colour, which abides in the ground thesisyears, shooting anew every spring place this grows in woods and copses, as well those that are shady, as open to the sun time they flower about midsummer and july, and their seed is ripein the latter end of july or august government and virtues it is under the celestial sign leo, and thedominion of the sun it may be, if you meet a papist, he will tellyou, especially if he be a lawyer, that st john made it over to himby a letter of attorney it is a singular wound herb. Boiled in wineand drank, it heals inward hurts or bruises. Made into an ointment, it open obstructions, dissolves swellings, and closes up the lips ofwounds the decoction of the herb and flowers, especially of the seed, being drank in wine, with the juice of knot-grass, helps all manner ofvomiting and spitting of blood, is good for those that are bitten orstung by any venomous creature, and for those that cannot make water two drams of the seed of st john wort made into powder, and drankin a little broth, doth gently expel choler or congealed blood in thestomach the decoction of the leaves and seeds drank essaywhat warmbefore the fits of agues, whether they be tertains or quartans, altersthe fits, and, by often using, doth take them quite away the seedis much commended, being drank for forty days together, to help thesciatica, the falling-sickness, and the palsy ivy it is so well known to every child almost, to grow in woods upon thetrees, and upon the stone walls of churches, houses, &c and essaytimesto grow alone of itself, though but seldom time it flowers not until july, and the berries are not ripe tillchristmas, when they have felt winter frosts government and virtues it is under the dominion of saturn a pugilof the flowers, which may be about a dram, saith dioscorides dranktwice a day in red wine, helps the lask, and bloody flux it is anenemy to the nerves and sinews, being much taken inwardly, but veryhelpful to them, being outwardly applied pliny saith, the yellowberries are good against the jaundice. And taken before one be setto drink hard, preserves from drunkenness, and helps those that spitblood. And that the white berries being taken inwardly, or appliedoutwardly, kills the worms in the belly the berries are a singularremedy to prevent the plague, as also to free them from it that havegot it, by drinking the berries thereof made into a powder, for two orthree days together they being taken in wine, do certainly help tobreak the stone, provoke urine, and women courses the fresh leavesof ivy, boiled in vinegar, and applied warm to the sides of those thatare troubled with the spleen, ache, or stitch in the sides, do givemuch ease. The same applied with essay rosewater, and oil of roses, tothe temples and forehead, eases the head-ache, though it be of longcontinuance the fresh leaves boiled in wine, and old filthy ulcershard to be cured washed therewith, do wonderfully help to cleansethem it also quickly heals green wounds, and is effectual to heal allburnings and scaldings, and all kinds of exulcerations coming thereby, or by salt phlegm or humours in other writings of the body the juice ofthe berries or leaves snuffed up into the nose, purges the head andbrain of thin rheum that makes defluxions into the eyes and nose, andcuring the ulcers and stench therein. The same dropped into the earshelps the old and running sores of them, those that are troubled withthe spleen, shall find much ease by continual drinking out of a cupmade of ivy, so as the drink may stand essay small time therein beforeit be drank cato saith, that wine put into such a cup, will soakthrough it, by reason of the antipathy that is between them there seems to be a very great antipathy between wine and ivy.

Iodin ointment, am j pharm , august, 1917, p 339 it would seem further that iodex is misbranded under the sherleyamendment in that it is said that it “may be used externally withadvantage in all paper where the action of iodin is desired ” sinceit contains no iodin as such this cannot possibly be true it is alsostated in a circular accompanying the trade package that “thirtyminutes after inunction iodin can be found in the urine ” thisstatement has also been shown to be untrue -- annual reports a m a chem lab , 1915, p 89 details of analysisiodex -- this is a rather soft ointment, almost black but with adecided greenish cast in thin layers it is soluble in chloroformbut is only writingly saponified and dissolved by alcoholic potassiumhydroxid iodex has a distinct odor like oleic acid free iodin -- when examined by the method previously used215 onlyminute traces of free iodin were found 215 ibid , p 90 total iodin -- the methods employed were as follows. 1 iodex wassaponified by boiling for from two to three hours with alcoholicpotassium hydroxid the alcohol was then evaporated and the iodindetermined by the method described in the u s pharmacopeia for thymoliodid 2 the same as method 1, except that after ignition of the saponifiedmixture the halogen was determined by weighing as silver iodid 3 the carius method it should be noted that methods 2 and 3 determine chlorin and brominshould any be present with the iodin when 5 gm of sample 1 was assayed by method 1, it required 73 56 c c of tenth-normal sodium thiosulphate, equivalent to 3 11 per cent of iodin in a duplicate, 2 7565 gm of iodex required 38 c c oftenth-normal sodium thiosulphate, equivalent to 2 92 per cent ofiodin. Average of the two, 3 02 per cent of iodin a weight of 2 5800 gm of sample 1, assayed by method 2, gave0 1582 gm of silver halid, equivalent to 0 0855 gm of iodin, or 3 31per cent a weight of 0 588 gm of sample 2, assayed by the carius method, gave0 0388 gm of silver halid, indicating 0 02096 gm of iodin, or 3 52per cent in a duplicate, 0 5342 gm gave 0 0338 gm of silver halid, indicating 0 01826 gm of iodin, or 3 42 per cent. Average, 3 49 percent of iodin liquid iodex -- this is sold by menley & james, ltd , the firm sellingiodex ointment according to a circular in a trade package “thevaluable properties of free iodine are available in liquid ‘iodex’ in astate of greatly enhanced activity. But the irritating, corrosive andhardening drawbacks of ordinary solutions of the drug are absent ” thelabel on a bottle reads as follows. “liquid ‘iodex’ liq iodi m & j a nonirritant preparation of iodine 2-1/2% this productcontains free iodine ”the sample of liquid iodex purchased on the open market was found to bea reddish liquid with an odor like oleic acid it dissolved completelyin chloroform free iodin -- a weight of 6 2936 gm was dissolved in chloroform andthe solution shaken with 25 c c of a solution of potassium iodid the iodin which passed into the potassium iodid solution was titratedwith tenth-normal sodium thiosulphate, 0 81 c c being required thisindicates 0 01022 gm of iodin, or 0 16 per cent total iodin -- total iodin was determined by method 1 as given aboveunder iodex a weight of 4 466 gm required 32 93 c c of tenth-normalsodium thiosulphate, equivalent to 0 06964 gm of iodin, or 1 55per cent in a duplicate, 5 gm of material required 33 3 c c oftenth-normal sodium thiosulphate, equivalent to 0 7043 gm of iodin, or1 41 per cent. Average, 1 48 per cent of iodin liquid iodex, then, contains but little 0 16 per cent free iodin andonly about three fifths of the total iodin claimed i g o i g o is an iodin ointment it is said to be made by dr h s lambdin, peru, kansas in a circular distributed by the manufacturer, it is stated that “i g o is a saturated solution of iodine gas inpetrolatum at 130 degrees with oil of eucalyptus the heat of the bodyliberates the iodine and it is absorbed as free iodine ”a sample of i g o , received from a physician, was examined it wasfound to be a black ointment, green in thin layers, with a slight odorlike crude petroleum by the methods used for the examination of iodex, i g o was found to contain 0 59 per cent of free iodin -- fromreports a m a chemical laboratory, 1919, p 104 iodin in liquid petrolatum a h clark, ph g , sc b of all the things used in medicine nothing seems to have attractedthe attention of all classes of users as has iodin perhaps moreromantic schemes for the cure of all the ills which afflict mankindhave centered in iodin therapy than in any other one drug iodin isbeing used in every conceivable way from crystals to colloid. In vapor;combined as iodid, iodate and the like. Organic, inorganic, simple andcomplex.

Dry them and keep them for use trochisci e violis solutivi or troches of violets solutive college take of violet flowers meanly dry, six drams, turbith oneounce and an half, juice of liquorice, scammony, manna, of each twodrams, with syrup of violets, make it into troches culpeper they are not worth talking of, much less worth cost, thecost and labour of making trochisci de vipera ad theriacum or troches of vipers, for treacle college take of the flesh of vipers, the skin, entrails, head, fat, and tail being taken away, boiled in water with dill, and alittle salt, eight ounces, white bread twice baked, grated and sifted, two ounces, make it into troches, your hands being anointed withopobalsamum, or oil of nutmegs by expression, dry them upon a sieveturned the bottom upwards in an open place, often turning them tillthey are well dried, then put them in a glass or stone pot glazed, stopped close, they will keep a year, yet is it far better to maketreacle, not long after you have made them culpeper they expel poison, and are excellently good, by a certainsympathetical virtue, for such as are bitten by an adder trochisci de agno casto or troches of agnus castus college take of the seeds of agnus castus, lettuce, red roseflowers, balaustins, of each a dram, ivory, white amber, bole-ammoniacwashed in knotgrass water two drams, plantain seeds four scruples, sassafras two scruples, with mussilage of quince seeds, extracted inwater of water-lily flowers, let them be made into troches culpeper very pretty troches and good for little trochisci alexiterii renodæus college take of the roots of gentian, tormentil, orris florentine, zedoary, of each two drams, cinnamon, cloves, mace, of each half adram, angelica roots three drams, coriander seeds prepared, roses, ofeach one dram, dried citron pills two drams, beat them all into powder, and with juice of liquorice softened in hippocras, six ounces, makethem into soft paste, which you may form into either troches or smallrolls, which you please culpeper it preserves and strengthens the heart exceedingly, helpsfaintings and failings of the vital spirits, resists poison and thepestilence, and is an excellent medicine for such to carry about themwhose occasions are to travel in pestilential places and corrupt air, only taking a very small quantity now and then troches of annis seed mesue college take of annis seeds, the juice of maudlin made thick, ofeach two drams, the seeds of dill, spikenard, mastich, indian leaf ormace, the leaves of wormwood, asarabacca, smallage, bitter almonds, of each half a dram, aloes two drams, juice of wormwood so much as issufficient to make it into troches according to art culpeper they open obstructions of the liver, and that very gently, and therefore diseases coming thereof, help quartan agues you canscarce do amiss in taking them if they please but your palate trochisci diarhodon mesue college take of the flowers of red roses six drams, spikenard, woodof aloes, of each two drams, liquorice three drams, spodium one dram, saffron half a dram, mastich two drams, make them up into troches withwhite wine according to art culpeper they wonderfully ease fevers coming of flegm, as quotidianfevers, agues, epiatos, &c pains in the belly trochisci de lacca mesue college take of gum lacca cleansed, the juice of liquorice, maudlin, wormwood, and barberries, all made thick, rhubarb, longbirthwort, costus, asarabacca, bitter almonds, madder, annis, smallage, schænanth, of each one dram, with the decoction of birthwort, schænanth, or the juice of maudlin, or wormwood, make them into trochesaccording to art culpeper it helps stoppings of the liver and spleen, and feversthence coming, it expels wind, purges by urine, and resists dropsies pastilli adronis galen college take of pomegranate flowers ten drams, copperas twelvedrams, unripe galls, birthwort, frankincense, of each an ounce, alum, myrrh, of each half an ounce, misy two drams, with eighteen ounces ofaustere wine, make it into troches according to art culpeper this also is appropriated to wounds, ulcers, and fistulas, it clears the ears, and represses all excressences of flesh, cleansesthe filth of the bones trochisci musæ galen college take of alum, aloes, copperas, myrrh, of each six drams, crocomagma, saffron, of each three drams, pomegranate flowers half anounce, wine and honey, of each so much as is sufficient to make it upinto troches according to art culpeper their use is the same with the former crocomagma of damocrates galen college take of saffron an hundred drams, red roses, myrrh, of eachfifty drams, white starch, gum, of each thirty drams, wine, so much asis sufficient to make it into troches culpeper it is very expulsive, heats and strengthens the heart andstomach trochisci ramich mesue college take of the juice of sorrel sixteen ounces, red roseleaves, an ounce, myrtle berries two ounces, boil them a littletogether, and strain them, add to the decoction, galls well beaten, three ounces, boil them again a little, then put in these followingthings, in fine powder. Take of red roses an ounce, yellow sanders, ten drams, gum arabic an ounce and an half, sumach, spodium, of eachan ounce, myrtle berries four ounces, wood of aloes, cloves, mace, nutmegs, of each half an ounce, sour grapes seven drams, mix them alltogether, and let them dry upon a stone, and grind them again intopowder, and make them into small troches with one dram of camphire, and so much rose water as is sufficient, and perfume them with fifteengrains of musk culpeper they strengthen the stomach, heart, and liver, as also thebowels, they help the cholic, and fluxes of blood, as also bleedingat the nose if you snuff up the powder of them, disburden the body ofsalt, fretting, choleric humours you may carry them about you, andtake them at your pleasure troches of roses mesue college take of red roses half an ounce, wood of aloes twodrams, mastich, a dram and an half, roman wormwood, cinnamon, indianspikenard, cassia lignea, schœnanth, of each one dram, old wine, anddecoction of the five opening roots, so much as is sufficient to makeit into troches according to art culpeper they help pains in the stomach, and indigestion, theilliac passion, hectic fevers, and dropsies, in the beginning, andcause a good colour trochisci diacorallion galen college take of bole-ammoniac, red coral, of each an ounce, balaustines, terra lemnia, white starch, of each half an ounce, hypocistis, the seeds of henbane, opium, of each two drams, juice ofplantain so much as is sufficient to make them into troches accordingto art culpeper these also stop blood, help the bloody flux, stop themenses, and are a great help to such whose stomachs loath theirvictuals i fancy them not trochisci diaspermaton galen college take of the seeds of smallage, and bishop weed, of eachan ounce, annis and fennel seeds, of each half an ounce, opium, cassialignea, of each two drams, with rain water, make it into trochesaccording to art culpeper these also bind, ease pain, help the pleurisy hæmoptoici pastilli galen college take of white starch, balaustines, earth of samos, juiceof hypocystis, gum, saffron, opium, of each two drams, with juice ofplantain, make them into troches according to art culpeper the operation of this is like the former troches of agarick college take of choice agarick three ounces, sal gem six drams, ginger two drams, with oxymel simplex, so much as is sufficient, makeit into troches according to art oils simple oils by expression oil of sweet almonds college take of sweet almonds not corrupted, as thesis as you will, cast the shells away, and blanch them, beat them in a stone mortar, beat them in a double vessel, and press out the oil without heat culpeper it helps roughness and soreness of the throat and stomach, helps pleurisies, encreases seed, eases coughs and hectic fevers, by injection it helps such whose water scalds them. Ulcers in thebladder, reins, and matrix you may either take half an ounce of it byitself, or mix it with half an ounce of syrup of violets, and so takea spoonful at a time, still shaking them together when you take them:only take notice of this, if you take it inwardly, let it be new drawn, for it will be sour in three or four days oil of bitter almonds college it is made like oil of sweet almonds, but that you need notblanch them, nor have such a care of heat in pressing out the oil culpeper it opens stoppings, helps such as are deaf, being droppedinto their ears, it helps the hardness of the nerves, and takes awayspots in the face it is seldom or never taken inwardly oil of hazel nuts college it is made of the kernels, cleansed, bruised, and beat, andpressed like oil of sweet almonds culpeper you must put them in a vessel viz a glass, or essay suchthing and stop them close that the water come not to them when you putthem into the bath the oil is good for cold afflictions of the nerves, the gout in the joints, &c college so is oil of been, oil of nutmegs, and oil of mace drawn oleum caryinum college is prepared of walnut kernels, in like manner, save onlythat in the making of this essaytimes is required dried, old, and ranknuts oleum chryessaylinum college is prepared in the same manner of apricots, so is alsooils of the kernels of cherry stones, peaches, pine-nuts, fisticnuts, prunes, the seeds of oranges, hemp, bastard saffron, citrons, cucumbers, gourds, citruls, dwarf elder, henbane, lettuce, flax, melons, poppy, parsley, radishes, rape, ricinum, sesani, mustard seed, and grape stones culpeper because most of these oils are out of use, i took not thepains to quote the virtues of them. If any wish to make them, let themlook to the simples, and there they have them. If the simples be not tobe found in this book, there are other plentiful medicines conducing tothe cure of all usual diseases. Which are oil of bays college take of bay-berries, fresh and ripe, so thesis as you please, bruise them sufficiently, then boil them in a sufficient quantity ofwater till the oil swim at top, which separate from the water, and keepfor your use culpeper it helps the cholic, and is a sovereign remedy for anydiseases in any writing of the body coming either of wind or cold college common oil of olives, is pressed out of ripe olives, notout of the stones oil of olives omphacine, is pressed out of unripeolives oil of yolks of eggs college boil the yolks till they be hard, and bruise them withyour hand or with a pestle and mortar. Beat them in an earthen vesselglazed until they begin to froth, stirring them diligently that theyburn not, being hot, put them in a linen bag, and sprinkle them witharomatic wine, and press out the oil according to art culpeper it is profitable in fistulas, and malignant ulcers, itcauses the hair to grow, it clears the skin, and takes away deformitiesthereof, viz tetters, ringworms, morphew, scabs simple oils by infusion and decoction oil of roses omphacine college take of red roses before they be ripe, bruised in a stonemortar, four ounces, oil omphacine one pound, set them in a hot sun, in a glass close stopped, a whole week, shaking them every day, thenboil them gently in a bath, press them out, and put in others, use themin like manner, do so a third time. Then keep the oil upon a pound ofjuice of roses oil of roses complete, is made in the same manner, with sweet and ripe oil, often washed, andred roses fully open, bruised, set in the sun, and boiled gently in adouble vessel, only let the third infusion stand in the sun forty days, then keep the roses and oil together in the same manner is made oil of wormwood, of the tops of commonwormwood thrice repeated, four ounces, and three pounds of ripe oil;only, the last time put in four ounces of the juice of wormwood, whichevaporate away by gentle boiling oil of dill. Of the flowers and leaves of dill four ounces, completeoil, one pound, thrice repeated oil of castoreum. Of one ounce of castoreum oil one pound, wine fourounces, which must be consumed with the heat of a bath oil of chamomel which more than one call holy of complete oil, and fresh chamomel flowers, the little white leaves taken away, cut, bruised, and the vessel covered with a thin linen cloth, set in thesun, pressed out, and three times repeated oil of wall-flowers, as oil of dill oil of quinces.

And this will also cure old persons, if the disease be notgrown too old, and past cure, especially adversity essay if there be a due and orderlypreparation of the body with posset-drink made of betony, &c theroot is also effectual for women that are not sufficiently cleansedafter child-birth, and such as are troubled with the mother. Forwhich likewise the black seed beaten to powder, and given in wine, is also available the black seed also taken before bed-time, and inthe morning, is very effectual for such as in their sleep are troubledwith the disease called ephialtes, or incubus, but we do commonly callit the night-mare. A disease which melancholy persons are subjectunto. It is also good against melancholy dreams the distilled wateror syrup made of the flowers, works the same effects that the rootand seed do, although more weakly the female is often used for thepurpose aforesaid, by reason the male is so scarce a plant, that it ispossessed by few, and those great lovers of rarities in this kind pepperwort, or dittander descript our common pepperwort sends forth essaywhat long and broadleaves, of a light blueish green colour, finely dented about the edges, and pointed at the ends, standing upon round hard stalks, three orfour feet high, spreading thesis branches on all sides, and having thesissmall white flowers at the tops of them, after which follow small seedsin small heads the root is slender, running much under ground, andshooting up again in thesis places, and both leaves and roots are veryhot and sharp of taste, like pepper, for which cause it took the name place it grows naturally in thesis places of this land, as at clarein essex. Also near unto exeter in devonshire. Upon rochester commonin kent. In lancashire, and divers other places. But usually kept ingardens time it flowers in the end of june, and in july government and virtues here is another martial herb for you, makemuch of it pliny and paulus ægineta say, that pepperwort is verysuccessful for the sciatica, or any other gout or pain in the joints, or any other inveterate grief. The leaves hereof to be bruised, andmixed with old hog grease, and applied to the place, and to continuethereon four hours in men, and two hours in women, the place beingafterwards bathed with wine and oil mixed together, and then wrapped upwith wool or skins, after they have sweat a little it also amends thedeformities or discolourings of the skin, and helps to take away marks, scars, and scabs, or the foul marks of burning with fire or iron thejuice hereof is by essay used to be given in ale to drink, to women withchild, to procure them a speedy delivery in travail periwinkle descript the common sort hereof hath thesis branches trailing orrunning upon the ground, shooting out small fibres at the joints as itruns, taking thereby hold in the ground, and rooteth in divers places at the joints of these branches stand two small, dark-green, shiningleaves, essaywhat like bay leaves, but smaller, and with them come forthalso the flowers one at a joint standing upon a tender foot-stalk, being essaywhat long and hollow, writinged at the brims, essaytimes intofour, essaytimes into five leaves. The most ordinary sorts are of a paleblue colour. Essay are pure white, essay of a dark reddish purple colour the root is little bigger than a rush, bushing in the ground, andcreeping with his branches far about, whereby it quickly possesses agreat compass, and is therefore most usually planted under hedges whereit may have room to run place those with the pale blue, and those with the white flowers, grow in woods and orchards, by the hedge-sides, in divers places ofthis land. But those with the purple flowers, in gardens only time they flower in march and april government and virtues venus owns this herb, and saith, that theleaves eaten by man and wife together, cause love between them theperiwinkle is a great binder, stays bleeding both at mouth and nose, if essay of the leaves be chewed the french used it to stay womencourses dioscorides, galen, and ægineta, commend it against the lasksand fluxes of the belly to be drank in wine st peter wort if superstition had not been the father of tradition, as well asignorance the mother of devotion, this herb, as well as st johnwort hath found essay other name to be known by. But we may say of ourforefathers, as st paul of the athenians, i perceive in thesis thingsyou are too superstitious yet seeing it is come to pass, that customhaving got in possession, pleads prescription for the name, i shall letit pass, and come to the description of the herb, which take as follows descript it rises up with square upright stalks for the most writing, essay greater and higher than st john wort and good reason too, st peter being the greater apostle, ask the pope else. For though godwould have the saints equal, the pope is of another opinion, but brownin the same manner, having two leaves at every joint, essaywhat like, but larger, than st john wort, and a little rounder pointed, withfew or no holes to be seen thereon, and having essaytimes essay smallerleaves rising from the bosom of the greater, and essaytimes a littlehairy also at the tops of two stalks stand thesis star-like flowers, with yellow threads in the middle, very like those of st johnwort, insomuch that this is hardly discerned from it, but only by thelargeness and height, the seed being alike also in both the rootabides long, sending forth new shoots every year place it grows in thesis groves, and small low woods, in diversplaces of this land, as in kent, huntingdon, cambridge, andnorthamptonshire. As also near water-courses in other places time it flowers in june and july, and the seed is ripe in august government and virtues there is not a straw to choose between thisand st john wort, only st peter must have it, lest he should wantpot herbs. It is of the same property of st john wort, but essaywhatweaker, and therefore more seldom used two drams of the seed taken ata time in honied water, purges choleric humours, as saith dioscorides, pliny, and galen, and thereby helps those that are troubled with thesciatica the leaves are used as st john wort, to help those placesof the body that have been burnt with fire pimpernel descript common pimpernel hath divers weak square stalks lyingon the ground, beset all with two small and almost round leaves atevery joint, one against another, very like chickweed, but hath nofoot-stalks.

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Same v prince, adversity essay supra. Terre haute, etc , r r co v stockwell, 118 ind , 98 presentation and retention of doctor bill raises no presumption ofliability - the presentation of a bill to a person containing chargesagainst him for services rendered another person, and his retentionof that bill without disclaimer of liability, does not raise apresumption of liability, for it is not necessarily an account stated to constitute an account stated, there must be not only a statement ofaccount, but acquiescence in it. Mere retention of the account is notsufficient bills presented not conclusive as to amounts charged - on the otherhand, if a bill is presented which contains charges which are notacquiesced in, the person making out and presenting the bill is notabsolutely bound by the charges therein contained, although such a billaffords essay evidence as to the value of the services rendered 170claims against estates of deceased persons - a bill for a physicianservices constitutes a claim against the estate of a deceased person, like any other debt in essay states it is a preferred claim 171 inthis connection it should be observed that short statutes of limitationexist in most countries and states applicable to such paper, shorterthan the ordinary limitation imposed by law upon the right to sue uponclaims for services rendered which is six years in order to preservehis legal rights, the physician should as soon as possible after thedeath of the person for whom his services have been rendered, ascertainwho is the administrator or executor of the estate of such person, andfile with such representative, personally, proof of his claim patient who receives benefit of services of consulting physicianliable - the liability of a patient for the services of a consultingphysician is generally governed by the same rules as his liability tothe physician in immediate charge of the case 172where the patient accepts the services of a consulting physician, although he has not directly requested them, he must pay for them ifhe receives the benefit of them without objecting, because it will bepresumed that he ratified the act of the physician who was in charge ofthe case, in calling the other physician into consultation 173but, however this may be, it is a principle of professional ethics, which has almost acquired the authority of legal doctrine, that aphysician in charge of a case should obtain the full assent of apatient, or of his family and friends, if he is too ill to give his ownconsent, to the calling of another physician in consultation no other stranger can be called into sick-room without assent ofpatient - a limitation upon the authority and right of an attendingphysician is, that if he desires or attempts to call in a stranger nota physician, he must obtain his patient consent the obligation ofa physician toward his patient of secrecy and confidence is regardedas very strict, and if a physician should call in a student or otherstranger, without first consulting his patient, or those who are inessay measure related to him and connected with him, it would be a verysevere stretch of morals and possibly of law in fact, in a recent casein michigan, a physician was held liable for damages who called in astranger, an unmarried man, who was an unprofessional man, to be withhim while he was in attendance on a confinement case in that case boththe physician and the person so called in, and who was present at thattime, were held liable in damages. And it was further held that theright to recover was not affected by the fact that the patient supposedthat the person so called in was a medical man, and therefore submittedto his presence without objection 174the statutes which create the privilege as to professionalcommunications and information necessary to enable the physician toprescribe, might not apply to students or other strangers, and this isprobably the reason for the rule of law laid down in the michigan case the obligation to preserve inviolate a communication as a privilegedcommunication, including in the meaning of the word “communication”all knowledge or information received while in attendance upon a case, would be held to have been broken by the act of the physician inbringing in a stranger who would not be privileged from testifying measure of recovery for services rendered terms of express contract govern reasonable worth the rule in impliedcontracts - in case of an express contract its terms necessarilymeasure the amount of the charges in the absence of an expresscontract fixing the value of the services to be rendered, the measureof damages for breach of payment is like that in any other case ofpersonal services, the reasonable worth and value of the servicesperformed so likewise if medicines or appliances are furnished, whichare not reasonably to be expected and furnished, according to thecustom of the school to which the physician or surgeon belongs, thereasonable worth and value at the time of furnishing them, and at theplace of furnishing them, is the measure fixed by the law to determinewhat shall be recovered for them 175value how proved - when the medical man is compelled to go intocourt to enforce payment for his services, it has been questionedwhether he can testify to the services rendered, and the facts andcircumstances surrounding the patient at the time of the treatment, because it has been claimed that he could not do so without violatingthe statute against the disclosure by physicians of informationreceived which is necessary to enable them to prescribe the tendencyof the later decisions, however, seems to be that the breach of thepatient contract to pay relieves the physician from his obligationof secrecy, and consequently, that if it is necessary for him to gointo court and prove the value of his services, he may testify, withinreasonable limitations, to all matters necessary to inform the courtfully as to the nature and extent of the disease or injuries of thepatient, in order that he may show the responsibility imposed upon himand the extent of the services that he has rendered this subject willbe fully considered under the head of “privileged communications ”the usual course of practice where there is not an express contractfixing the charges, is to prove the facts and circumstances showing thetreatment and services, and then to produce other physicians who, inanswer to a hypothetical question stating the facts and circumstancesin the case, assuming them as true, are allowed, if they state theyknow the value of such services, to give an expert opinion as to whatthat value is 176 it has also been said ordronaux, “jurisprudenceof medicine, ” § 43, that if a fee-bill of charges for such serviceshas been established by an association of physicians recognized bylaw, such as a county medical society or a state medical society, incorporated pursuant to statute, such fee-bill can, if properlyauthenticated as having been adopted by the association, be offered inevidence on behalf of the patient and against the physician but sucha fee-bill in such a case would not be held to be conclusive evidenceof the value of the services, but will be received in evidence, if atall, merely for the purpose of showing what was the usual and ordinarycharge in such paper as we shall see later on, under “malpractice, ” ajudgment for services rendered, however small, is a bar to an action ofmalpractice, because a judgment for the value of the services renderedinvolves proof on the writing of the plaintiff, and a finding on the writingof the court, that the services had value and were skilfully performedand properly rendered 177custom of physicians to treat each other gratis, enforceable - physicians frequently treat each other, and it has beenheld, where the custom exists to do so without charge, that such acustom is binding of course, this rule does not prevent physiciansfrom making an express contract to waive the custom and agreeing thatthe services be compensated elements to be proved in an action for service, etc - generaladvice - the result of these rules may be thus summarized, viz. Theelements to be established in an action for services by a physicianagainst a patient are three in number 1 the employment. 2 theperformance of the services;178 and 3 the value of the services, that value being either a fixed value determined by the terms of thecontract between the writingies, or the reasonable worth and value of theservices determined by evidence of experts upon that subject it is, therefore, important that physicians and surgeons should be advised, when entering upon the practice of their profession, to keep a recordof their transactions and of their business generally because, if theyare compelled to go into court to recover for their services, they willbe called upon to describe with minuteness the character and extentof the services they have performed in order that the value thereofmay be correctly ascertained and determined in the suit any person inactive practice who is not blessed with a most tenacious and writingicularmemory is liable to forget a great thesis details which, with a record inhand, properly kept, could be brought to his memory and be testified towith absolute truthfulness and conviction and the record itself, whenproperly shown to be a book of original entry, is generally receivablein evidence, as a memorandum of the transaction 179chapter v of the privileges and duties of physicians and surgeons when summoned as expert witnesses in courts of justice 180introductory distinction between expert witnesses and otherwitnesses - one of the most important positions that a medical manis called upon to assume by virtue of his professional character, isthe position of expert witness most writers on medical jurisprudenceconfine themselves, in the discussion of this subject, to presentingthe medico-legal rules which appertain to this position, and concedeits high importance before defining what is meant by the term expertwitness, or treating of the rules which determine the status of suchwitnesses in court, and their duties, it seems advisable to introducethe subject by a brief consideration of the distinction betweenordinary witnesses and expert witnesses when medicine and law areunited in the purpose of investigating facts, and bringing about alegal determination as to what are or are not facts, they co-operatewith each other in this way the law furnishes the machinery for theinquiry and the rules which determine how it shall be prosecuted the medical man, however, is called upon as an assistant to the law, because of his skill and experience in his profession, which enablehim to ascertain and interpret the circumstances from which the factssought to be established are to be inferred ordinary witnesses testifyconcerning matters of observation, the court and jury being endowedwith the sole power to determine the credibility of their evidenceand the true result of their observations yet the border line ofdistinction between witnesses who testify merely to actual mattersof observation, and those who give their opinions upon and drawinferences from established facts and circumstances, is a waveringone the general rule of evidence is well understood, that hearsayevidence is inadmissible, and yet, like any other rule, this has itsexceptions which grow out of the necessities of given paper this isso because there are and always will be, matters brought before courtsfor investigation and determination, long after the witnesses whopersonally saw the facts and circumstances of the writingicular case inwhich such matters are concerned have died, or have withdrawn beyondthe reach of the process of the court possibly no record in writingof such facts and circumstances has been left, or if in writing itlacks the sanctity of being a judicial writing, and hence is no betterevidence than any other form of hearsay evidence for this reason inmatters of family history, pedigree, custom, and the like, hearsayevidence is permitted, and is entitled to as much weight as any otherevidence, if the witnesses giving it be trustworthy in matters of common experience witnesses in general often stateconclusions - moreover, in matters of common experience, the testimonyof any witness, if carefully analyzed, often shows that he is essaytimesallowed to draw, and state, his conclusions and inferences, insteadof being required to confine his evidence simply to telling in thestrictest possible way, and with the closest limitations, what heactually witnessed a good illustration of this is the case of aperson who sees a crime of homicide committed by shooting, and iscalled upon to testify in court he would be allowed to testify thatthe defendant, if he could identify the prisoner at the bar as such, was the person whom he saw fire the shot, although he might not haveexamined him with close scrutiny, and might never have seen him beforethe crime in saying that the defendant was the person who firedthe shot, while he would be in terms testifying to a fact, he wouldstill be drawing an inference, and giving an opinion, based upon hisrecollection of the person whom he saw engaged in the act of firing, and of the likeness or resemblance of such person to the prisoner atthe bar, which would be a matter of comparison and of opinion so, too, although he could not see the bullet take its course from the mouthof the gun and imbed itself in the body of the deceased, yet if hesaw the firing, heard the explosion, saw the flash and smoke of thepowder, observed the direction in which the accused pointed the weapon, and saw the deceased stagger and fall, he would be allowed to testifyin answer to a direct question whether or not the accused shot thedeceased and, yet in making up that answer he would be testifying notsimply to a matter of actual observation, but to a conclusion as itis in reference to the question of identity so it is as to thesis othermatters which come before our courts, in all of which the witnesses arepermitted, without objection, to testify to conclusions and to giveanswers which are the result of inferences which they draw themselves, rather than a statement of their actual observations the law is nota metaphysical but a practical science, limited and confined by thepractical restrictions which experience has shown must be put uponit, in order to enable it to accomplish its object of administeringjustice between man and man men form such conclusions as have beenindicated, instinctively and unconsciously, and it would be practicablyimpossible for them to narrate any occurrence without embodying intheir narration essay of these natural and unconscious conclusions the law, therefore, includes among the matters which witnesses arepermitted to characterize as facts, those daily and hourly inferencesand deductions which all men are accustomed to make, and concerningwhich no two men who are properly constituted can greatly differ it is true that this practice essaytimes leads to error, but it hasgrown out of necessity the greatest safeguard is, that upon thetrial of a question of fact both sides are represented by counsel, and the opportunity which cross-examination offers to an advocate ofeven reasonable and ordinary skill is such, that these conclusionsand inferences may be sifted down through the chain of observation, and the process of drawing these conclusions and inferences from aseries of facts, tested in such a manner that the improbability, probability, or truth of any given inference or conclusion may bedetermined with substantial accuracy the illustrations which havebeen given above exhibit the simplest form in which so-called directtestimony can be demonstrated to be not always positive and directtestimony, but essaywhat a matter of inference other examples andillustrations of common occurrence will exhibit still more closely theline between actuality and opinion at times it becomes essential tothe determination of a question, that the courts should know whether ornot a person was angry, whether or not he was intoxicated, or whetheror not at a given time, when his mental status was under observation, he acted rationally or irrationally lay witnesses have for thesis yearsbeen permitted to testify from observation, and without possessing anyspecial qualification to do so, as to the existence or non-existence ofsuch conditions as those just mentioned in a person whose actions areunder consideration it is manifest that in making any such inferencesthe witnesses’ testimony is mainly a conclusion based on inference take the case of anger how shall that be determined?. it is difficultto describe anger a loud voice, a flushed face, the use of bitterwords, nervous, excitable, demonstrative action all these symptomsmight occur, or but few of them might occur so, too, in the matterof intoxication it is well known that essay individuals exhibit theeffects of intoxicants in an entirely different manner and degree fromothers essay men who are very much intoxicated, so as to be quiteincapable, in the eye of the law, of forming a criminal intent, or ofcontracting an obligation which would be valid, may still be able towalk perfectly straight, or to talk without much confusion others, whose walk and demeanor would indicate a considerable degree ofintoxication, might be mentally clear and unruffled and even stimulatedby intoxicants to precise mental co-ordination and reasoning again, there are persons, as to whom a witness, after stating that he hadobserved them, and after stating the writingicular matters and things inwhich such persons were engaged, might with apparent accuracy statethat they acted rationally or irrationally, and yet such persons mightnevertheless, upon further examination, be found to have been actingaccording to a writingicular custom or habit, or idiosyncrasy of longyears’ standing thus it is apparent that in each of these paper, when the witness attempts to state what, out of necessity, the courttreats as a fact viz , whether a given person is or is not angry, or intoxicated, or irrational the witness is really testifying tothe result, in his own mind, of his observations of the conditionand conduct of the person who is under investigation, when comparedwith a standard which the witness has erected for himself hence suchresults are really matters of opinion evidence, pure and simple otherexamples of a like character are found in statements as to weight, height, distance, speed, and the like, as to which men of commonpowers of observation, who are not strictly experts, are, becauseof convenience and necessity and the probability of reasonable andordinary accuracy, commonly permitted to give their own judgment andconclusions as evidence all witnesses often permitted to draw and state conclusions in mattersinvolving numerous and complicated details - thus the practicalnecessity of the administration of justice has led to the establishmentof the rule, that where the details of an occurrence are numerous andcomplicated, and are incapable of precise description by ordinaryobservers, witnesses are permitted to use, in testifying, generalexpressions which really embody their conclusions from the facts ordetails observed by them greenleaf on evidence, section 440, note a;wharton on evidence, section 434 wharton says that “the distinction between expert witnesses andordinary witnesses is this. The non-expert witness testifies toconclusions which may be verified by the adjudicating tribunal. Theexpert, to conclusions which cannot be so verified the non-expertgives the results of a process of reasoning familiar to every-day life;the expert gives the results of a process of reasoning which can bedetermined only by special scientists ” see also people v fernandez, 35 n y , 49 people v deacons, 109 n y , 374-382 this learned writer wharton also says, at section 437 of the sametreatise:“where conclusions depend upon facts whose evidential weight can onlybe determined by those familiar with a writingicular specialty, then theseconclusions may be given by experts in such specialty ” such also isthe exact derivative meaning of the word expert, it being derived fromthe latin word “expertus, ” meaning, literally, “experienced, ” andhence skilled by experience functions of an expert witness essentially judicial - it is thefunction of an expert witness to reason about facts, to explain theirconnection with one another, and to draw conclusions and inferencesfrom them hence, a witness, however expert in any ordinary sense inhis specialty, when he is called upon merely to narrate facts which hehas observed, is an ordinary witness, and is governed by the same ruleswhich apply to the ordinary witnesses when, however, he is calledupon, in addition to recounting facts, to explain or interpret them byreference to assumed facts, he becomes properly an expert witness itthus appears that an expert witness must necessarily perform a writingof the duties which devolve upon the court or the jury his positionis, therefore, essentially judicial, except that he has no power toenforce his determinations by judicial process the importance andresponsibility which the law thus confers upon an expert are of thehighest character he ranks the coequal with the tribunal itself in hispeculiar province, so far as relates to his individual responsibility that this should tend to elevate such witnesses to a high socialposition, and ought to require the most exact and faithful integrity ofpurpose and statement, is self-evident difference between status of expert witnesses in france and gerthesisand in the united states and england - in essay foreign countries, notably in gerthesis and in france, experts in medico-legal matters havean assured official position, and are generally not allowed to beselected at hap-hazard according to the will or the length of the purseof those who need their services the consequence of this method ofobtaining expert evidence is, that expert witnesses in those countriescommand a high measure of respect and honor unfortunately, however, in this country, where the opposite practiceprevails, the weaknesses of human nature are such that the commonpeople, newspapers, lawyers, and even the courts in essay recordedopinions and decisions, have come to express a great want of confidencein the weight and value of expert testimony this deplorable resultof a bad system of procedure is universally recognized, yet our statelegislatures have as yet refrained from attempting to correct it hence, in considering the value of expert testimony in matters ofmedical jurisprudence, it must be conceded, in the first instance, that the difference between the system prevailing in this countryand in england, and that which prevails on the continent, notably ingerthesis and france, has not tended to raise but to depress the value ofsuch testimony in the first-named countries in the latter countries, the experts upon medico-legal questions are officers of the court, or are treated as such they form, in a sense, a writing of the judicialsystem, and the expression of their opinions consequently carries withit great weight moreover, under the system which prevails there, it has been possible for men to be educated up to a high degree ofskill and experience in the writingicular branches of physiological orpsychological or physical investigations which they pursue, while herein america, and to a certain extent also in england, experts are suchfor other reasons, and by the operations of other causes, than the factof their permanent employment in that capacity as a general thing theybecome skilled in their profession or in the writingicular branches ofit in which they practise as specialists, and are summoned to testifysimply because they are selected by one writingy or another to a lawsuit mr wharton view of this question in the main hostile to theprevailing system here - the effect of the methods which thus prevailhas not been entirely to the advantage of the medical profession or ofour courts wharton, in his work on “evidence, ” section 454, observesupon this point. “when expert testimony was first introduced it wasregarded with great respect an expert was viewed as the representativeof a science of which he was a professor, giving imwritingially itsconclusions two conditions have combined to produce a material changein this relation in the first place it has been discovered that noexpert, no matter how learned and incorrupt, speaks for his science asa whole few specialties are so small as not to be torn by factions, and often the smaller the specialty the bitterer and more inflaming anddistorting are the animosities by which these factions are possessed writingicularly is this the case in matters psychological, in which thereis no hypothesis so monstrous that an expert cannot be found to swearto it on the stand, and to defend it with vehemence ‘nihil tamabsurdo, ’ which being literally translated means that there is nothingso absurd that the philosophers won’t say it!.