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Found hanging opinion, while weak, sick, and suffering from woundsinflicted by his own son, he was hanged by his daughter-in-law 75 hofmann. “lehrbuch, ” p 538 - a father hung his five children, the eldest 9 years another man hung two children, the eldest 13 years see also tidy, “med juris , ” paper 40, 48, 51, 57 ?. , 58 ?. .

3, asolution made up according to the formula of biniodol, namely, 1 percent of mercuric iodid and 2 buy speeches 5 per cent of guaiacol in oil all thesolutions were sterile the investigators were not informed whichpreparation was designated by the respective numbers, but they wereasked to use the preparations when intramuscular injections of a 1 percent oily solution of mercuric iodid were indicated, and to note whatdifferences, if any, were observed following the use of the differentsolutions regarding pain, discomfort, induration and any otherevidences of effects of the medicaments the cleveland investigator reports that the patients were more or lessconfused in their replies to inquiries and gave rather indefinite andconflicting answers after carefully tabulating the replies, however, the following summary resulted. 1 was worse than 2 or 3 in 6 paper 2 was worse than 1 or 3 in 5 paper 3 was worse than 2 or 1 in 1 case the report from johns hopkins records a series of 117 injectionsfollowed by the estimated reactions recorded below. 1 severe, 13. Mild, 14. None, 4. Unrecorded, 8 39 2 severe, 5. Mild, 15.

Samecase, 33 alb l j , 79 same rule in civil and criminal paper - the rule is the same whetherthe professional man is called to testify as an expert in civil orcriminal paper in either one he is not obliged to give an opinion assuch, independent of a personal knowledge of the facts in the case, without being paid or assured reasonable compensation therefor hisproper course of conduct is, when he has obeyed the subpœna and is inthe presence of the court and has been sworn, and the questions putby counsel disclose that the object of his examination is to elicitfrom him an opinion, to state to the court that he has not been paidany other compensation than that of an ordinary witness, and that herespectfully declines to give an opinion in the case as an expert, without compensation proportionate to the value of his opinion 182whether witness competent a question for court in limine - afterthe expert is placed upon the stand, as we have seen, the counselupon the side of the case by which he is summoned interrogates himas to his capacity, the purpose of the interrogation being that hisanswers shall qualify him and show him to be an expert whether ornot he is an expert so as to permit the giving of his opinion aswriting of the case to go to the jury, is for the court to decide inlimine, that is, at the threshold, and as a matter of discretion, andthe exercise of that discretion, if fair and reasonable, will not bedisturbed upon appeal by the higher court it is permissible, but alsodiscretionary, after the counsel calls the witness and has apparentlyqualified him, for the counsel upon the other side to cross-examinethe witness as to his qualifications before he is examined in chief, with a view of determining whether or not there are limitations uponthose qualifications which should prevent the court from permitting himto testify as an expert the general rule is as stated by greenleafin his work on evidence, sec 440, that it is not necessary that themedical expert should have actually practised his profession nor is itessential that the witness should belong to any writingicular school ofmedicine the law does not undertake to pass upon conflicting theoriesof medical practice, in determining the question of the qualificationof a medical expert it is proper, however, for counsel to inquire asto what school of medicine the witness is an adherent, because of itsimportance in weighing the value of his testimony after it has beengiven persons not duly licensed essaytimes held not competent - it hasalso been a mooted question in those states where it is necessary, inorder to enable a person to practise physic or surgery, that he shouldbe licensed, whether a person practising without a license, howeverextensive his reading and practice, would be considered qualified asan expert witness in a court of justice this point, so far as diligentexamination discloses, has not been determined in any reported case, although it has been suggested at nisi prius and has been, in oneinstance within the knowledge of the writer, decided that he is notto be considered an expert in matters involving medical knowledge andskill the reasoning of the court was that the policy of the stateis to prohibit persons not possessing the qualifications requiredto obtain a license, from acting in any capacity as professors andpractitioners of medicine or surgery if the witness is a member ofthe profession, legally qualified as such, it has been held that he issufficiently qualified as an expert if he shows that he possesses theaverage ability of members of his profession hall v costello, 48n h , 176. Tellis v kidd, 12 ala , 648. Wharton on evidence, sec 446. Rogers on expert testimony, secs 17 and 18. Slocovich v orientmutual ins co , 108 n y , 56 as to the question whether it is necessary that the witness shouldactually have practised his profession, see the last-cited text-writer, secs 43 and 44, who seems to have entertained views opposite to thosestated by professor greenleaf wharton on evidence, sec 439, states the rule as follows. “he musthave special, practical acquaintance with the immediate line of inquirymore than a mere vague, superficial knowledge but he need not beacquainted with the differentia of the specific specialty underconsideration a general knowledge of the dewritingment to which thespecialty belongs would seem to be sufficient ”interested persons may still testify as experts - since the lawforbidding interested persons from being witnesses has been changed, it has been suggested that an interested person although otherwisequalified might not be a competent witness to give an opinion as anexpert but the established doctrine is that he may give such anopinion. The weight of it, however, would be for the jury to determine greenleaf on evidence, redfield edition, sec 440, citing lockwoodv lockwood, 2 curtis, 309. Dillon v dillon, 3 curtis, 96, 102 see also dickinson v fitchburg, 13 gray, 546 testimony of expert, how impeached - essaytimes, on cross-examinationor otherwise, the fact becomes known that the witness who is proposedas an expert has expressed an opinion on the subject in hand contraryto that which he has given upon the witness-stand, and the question hasbeen raised as to establishing that fact at the outset and before histestimony goes before the jury, in order to enable the trial judge todetermine whether he is competent the rule in that case is that thetestimony as to his prior expression of opinion is not to be receivedat that time, but will come properly up as rebuttal, he having beenasked upon his cross-examination, giving time and place, whether hehas made the statements attributed to him an expert witness may inother respects be impeached like any other witness, that is, by theoaths of persons who know him and have known his reputation, and whotestify that his reputation for truth and veracity is bad and that theywould not believe him under oath he may also be impeached by producingwitnesses to prove that his special knowledge or technical skill isnot reliable or adequate to the undertaking which he has assumed butthis testimony must be from personal knowledge of the man and notfrom general reputation wharton on evidence, sec 437. Le rose v commonwealth, 84 pa st , 200 183general rule as to required amount of skill and experiencestated - the general rule may be stated thus, as derived from theseand other authorities:the extent of the previous study and investigation, and the amount ofskill and information which must be shown, will depend upon the factsof each writingicular case but essay special and peculiar knowledge orskill must be established, the amount of it to be determined by thetrial judge in his discretion the possession of such knowledge andskill is presumed in medico-legal paper if the witness is a licensedpractitioner essay practical suggestions as to conduct of witnesses on thestand - in this preliminary examination, the conduct and demeanorof the witness are of no little importance, because it is then andthere that he makes his first impression upon the court and jury he should be perfectly open and unreserved in stating his means ofspecial information, in explaining what are the limits of his personalexperience and the extent of his reading. But, at the same time, itwould be well for him to avoid all appearance of self-glorificationand all tendency to exaggerate his individual acquirements often hasit occurred that expert witnesses of undoubted capacity and honesty, who are unfortunately grandiose and self-assertive in their manner, have, however honest and able they might be, lost entirely their weightwith the court and jury by undue self-complacency and exaggeration oftheir personal qualifications, during their preliminary examination this is a matter requiring tact and judgment and nerve, and should befully understood between counsel calling him and the witness, beforethe witness is placed upon the stand in that event, it will be quitesafe for the witness to closely follow the questions of counsel by hisanswers, and to volunteer little or nothing if his answers are notfull and complete enough, counsel can renew the question in the same orin other form or carry the matter into greater detail if, on the otherhand, his answer is too full or he appears too eager, he may createa prejudice against him which nothing can overthrow, and which theart of counsel upon the other side in cross-examination and in makingcomments upon his testimony when summing up before the jury, will veryeffectually use to destroy his weight as an expert 184scope and extent of examination of expert witnesses - having statedhow experts may be summoned and qualified, it remains to consider thescope and extent to which they may be examined the advancement of the sciences and the progress of research in specialfields of knowledge have made expert testimony of large importanceduring the present century the basis of its admission is the factthat there are certain processes of reasoning which an ordinary juryis incapable of performing, even with the assistance of courts andlawyers oftentimes in the administration of justice in our courts, proof is given of circumstances which although admitted would havelittle or no significance in the mind of an ordinary juror, andwhich he would be unable to contrast and compare with other facts, successfully, without the aid of those more familiar with scientificmatters and the inductive process of reasoning than he is in suchpaper it is necessary that the jury should be specially enlightenedby persons who have, through training, skill and experience, acquiredthe power to enlighten them a common instance and illustration ofthis matter is to be found in the case of homicide by poisoning ahuman body is found dead. Externally there may be no indicia toshow positively the cause of death under such circumstances thelaws of all civilized countries permit what is called a post-mortemexamination by skilled physicians, who, finding no external evidencesof the cause of death, are permitted by the officers of the law toremove the internal portions of the body for special and carefulexamination if this discloses traces of inflammation or of lesions ofan abnormal character, further power is vested in the authorities tohave at the expense of the state a chemical examination of the internalorgans if this examination, which is necessarily long and excessivelytechnical, results in the discovery of any poisonous substance, suchas would produce death, and if it is found in sufficient quantities toproduce death, these persons who made the post-mortem examination anddiscovered the outward indications of the administration and effectsof the poison, and the chemists who discovered the poison itself inthe tissues of the body, in sufficient quantities to produce death, are called as experts before the jury the post-mortem examinersexplain what the appearance of the body was, as distinguished from theappearances of the body of an individual who had died from naturalcauses the chemist describes his course of experimentation, thevarious deductions which he made from his experiments, the tests whichhe applied in his investigation in discovering poison, and is thenallowed to testify that the poisonous substance was found in sufficientquantities to produce the physical appearances which the post-mortemexaminers have described, and to accomplish the death of the humanbeing in whose body the poison was found it is obvious that the powerof observation and the skill, which the skilled chemists and physiciansused as the basis of their reasoning in this case, were such as anordinary man, unskilled and inexperienced, would not possess, and theability to use them must have come from the study of treatises onsuch subjects, and from teaching and experience, to such an extent asto entitle the persons so testifying to be considered by the courtsas qualified to express an accurate and sound opinion on the mattersand things under investigation thus it appears how, in such paper, adewritingure became essential to the successful administration of justice, from the strict rule that witnesses shall testify solely to matters offact and observation, and why it has long been considered that essaywitnesses must be allowed to testify to opinions and conclusions again, in a like case, a body is found bearing evidences of wounds orbruises the question to be determined is whether they were inflictedbefore or after death.

The smoke of it burnt is excellently good for the fitsof the buy speeches mother, and the falling-sickness. Inwardly taken in wineit provokes the menses, helps the bitings of venomous beasts, anddissolves congealed blood in the body ambergreese is hot and dry in the second degree, i will not disputewhether it be a gum or not. It strengthens nature much which waysoever it be taken, there are but few grains usually given of it at atime. Mixed with a little ointment of orange flowers, and the templesand forehead anointed with it, it eases the pains of the head andstrengthens the brain exceedingly. The same applied to the privities, helps the fits of the mother. Inwardly taken it strengthens the brainand memory, the heart and vital spirit, warms cold stomachs, and isan exceeding strengthener of nature to old people, adding vigour todecayed and worn-out spirits. It provokes venery, and makes barrenwomen fruitful, if coldness and moisture or weakness be the causeimpediting assafœtida being smelled to, is vulgarly known to repress the fits ofthe mother. A little bit put into an aching tooth, presently eases thepain, ten grains of it taken before dinner, walking half an hour afterit, provokes appetite, helps digestion, strengthens the stomach, andtakes away loathing of meat, it provokes lust exceedingly and expelswind as much borax, besides the virtues it has to solder gold, silver, copper, &c inwardly given in small quantities, it stops fluxes, and the running ofthe reins. Being in fine powder, and put into green wounds, it curesthem at once dressing gambuge, which the college calls gutta gamba i know no good of it caranna outwardly applied, is excellent for aches and swellings inthe nerves and joints. If you lay it behind the ears, it draws backhumours from the eyes. Applied to the temples as they usually domastich, it helps the tooth-ache gum elimi, authors appropriate to fractures in the skull and head see arceus’ liniment gum lacca being well purified, and the quantity of half a dram takenin any convenient liquor, strengthens the stomach and liver, opensobstructions, helps the yellow jaundice and dropsy. Provokes urine, breaks the stone in the reins and bladder liquid amber is not much unlike liquid styrax. By unction it warmsand comforts a cold and moist brain, it eases all griefs coming ofa cold cause, it mightily comforts and strengthens a weak stomach, being anointed with it, and helps digestion exceedingly, it dissolvesswellings it is hot in the third degree, and moist in the first i think it would do the commonwealth no harm if i should speak a wordor two on manna here, although it be no gum. I confess authors makeessay flutter about it, what it is, essay holding it to be the juiceof a tree. I am confident it is the very same condensated that ourhoney-dews here are, only the contries whence it comes being farhotter, it falls in great abundance let him that desires reason forit, be pleased to read butler book of bees, a most excellentexperimental work, there he shall find reason enough to satisfy anyreasonable man choose the driest and whitest. It is a very gentlepurger of choler, quenches thirst, provokes appetite, eases theroughness of the throat, helps bitterness in the throat, and oftenproneness to vomit, it is very good for such as are subject to becostive to put it into their drink instead of sugar, it hath noobnoxious quality at all in it, but may be taken by a pregnant womanwithout any danger.

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And if he causes the death of another throughgross want of either he will be guilty of manslaughter ”bishop, in his work on criminal law, lays down the rule that not everydegree of carelessness renders a practitioner liable to criminalprosecution, and that it must be gross, or, as more strongly expressed, “the grossest ignorance or most criminal inattention ”189nevertheless he quotes with approval 2 bishop crim law, 264 theremark of willes, j , that a medical man is taking a leap in the darkif he knew he was using medicines beyond his knowledge. And also theremarks of bayley, j , in rex v simpson 1 lewin, 172, who said inthat case. “i am clear that if a person not having a medical education, and in a place where a person of a medical education might be obtained, takes it upon himself to administer medicines which may have aninjurious effect, and such medicines destroy the life of the person towhom they are administered, it is manslaughter the writingy may not meanto cause death, or the medicine may produce beneficent effects, but hehas no right to hazard medicine of a dangerous tendency when medicalassistance can be obtained if he does, he does it at his peril ”190gross negligence defined - in general it may be stated that grossnegligence is necessary to constitute criminal liability, but this maybe predicated upon, or inferred from, such want of ordinary care andskill as shows gross ignorance, or such want of attention as indicateswilful disregard of the well-known laws of life and health 191gross negligence resulting in injury a misdemeanor - it has also beenheld that although death does not but injury does ensue, as the resultof gross negligence or inattention, that constitutes a misdemeanorpunishable criminally 192in determining degree of negligence circumstances and conditionsgovern - it should be noted, however, that the circumstances andconditions attending the act of alleged criminal malpractice shouldbe given much weight so also should due weight be given to theadvancement of knowledge and education in the world in general, andin the medical profession in writingicular in an early english case, one of the judges remarked that not as much knowledge and skill couldbe expected of a surgeon or physician in a sparsely settled countrydistrict as in a city, and that he was at a loss to know what degreeof knowledge and skill should be required of such a person but ingram v boener, 56 ind , 447, worden, j , said. “it seems to us thatphysicians or surgeons practising in small towns, or in poorly orsparsely settled country districts, are bound to possess and exerciseat least the average degree of skill possessed and exercised by theprofession in such localities generally it is not true, as we think, to say that if a physician and surgeon has exercised such a degreeof skill as is ordinarily exercised in the writingicular locality inwhich he practises, that would be sufficient there might be but fewpractising in the given locality, all of whom might be quacks, ignorantpretenders to knowledge not possessed by them, and it would not doto say that because one possessed and exercised as much skill as theother, he could not be chargeable with the want of reasonable care andskill ”193unlicensed practitioner causing death guilty of manslaughter - sincethe adoption by most civilized states and countries of the salutarypractice of regulating by statute the practice of medicine and surgery, and forbidding persons not duly licensed from practising, and making ita misdemeanor to violate any of these statutes, it is clear that anyperson not having the requisite medical education and a license, whoattempted to administer drugs and medicines or to perform operations, and through want of ordinary knowledge and skill caused the death ofanother, would be held guilty of manslaughter, because he brought aboutthe death while he himself was engaged in a violation of the law inessay states where no discrimination in this respect is made betweenmisdemeanors and felonies, the crime would be murder, punishable bydeath. And it has always been the law that an empiric or quack holdinghimself out as a regular physician is bound to have and exhibit thedegree of skill and care which he professes, and will be strictly heldto the standard of skill of educated and licensed medical men 194as to the legal meaning of the term “ordinary care and skill, ” and therules of evidence applicable in paper of malpractice, a full discussionwill be had below, when considering the subject of civil liability formalpractice civil liability for malpractice any person holding himself out to be a physician or surgeon, or anyphysician or surgeon, who is guilty of malpractice, is liable fordamages, to be recovered in a civil action, instituted by the personinjured, or by those having a legal right to such person services this is so whether the injured person actually employed the defendantto prescribe or treat him, or not the liability flows out of therelationship, without regard to the element of employment, and it mayresult from negligence in treatment, or in prescribing, or in givinginformation and instructions to the patient as to how to take care ofhimself when under treatment the rules of law applicable to the dutiesof a physician to his patient are stated and the authorities supportingthem cited in chapter iv of this work 195ordinary care and skill only required - the leading paper in americaon the subject of civil liability for malpractice are. Leighton v sargent, 7 n h , 460, and carpenter v blake, 60 barb , 485 s c on appeal, 75 n y , 12 in the former case the court said. “in ascience encumbered with so thesis sources of error and difficulties, itis obvious what cause we have for proceeding with the utmost caution, and for advancing from step to step with the greatest circumspection it is in consideration of those peculiar difficulties that beset andencompass the physician and surgeon, that all enlightened courts haveheld that but ordinary care and skill shall be required of them, andthat mere errors of judgment shall be overlooked, if the generalcharacter of treatment has been honest and intelligent, and that theresult of the case shall not determine the amount of the responsibilityto which he is held. And that when unskilfulness or negligent treatmentof his patient is charged to a surgeon, it is not enough to show thathe has not treated his patient in that mode or has not used measureswhich in the opinion of others, though medical men, the case required;because such evidence tends to prove errors of judgment, for which thedefendant is not responsible, as much as it goes to prove a want ofreasonable skill and care for which he may be responsible alone it isnot evidence of the latter, and therefore a writingy must go further andprove, by other evidence, that the defendant assumed the character andundertook to act as a physician without the education, knowledge, andskill which entitled him to act in that capacity ”in carpenter v blake, upon the last appeal 75 n y , 12, it wassaid that the reasonable ordinary care and diligence which the lawrequires of physicians and surgeons is that which persons engaged inthe same general line of practice have and exercise in like paper 196story statement of the rule - story in his work on bailments, p 433, with his usual felicitous method of statement says.