History

Critical Lens Essay Example


Dr hensel, assistantand pathologist of the german hospital, found that “1/10, 000 writingof camphor added to the usual culture media inhibited the growthof pneumococci, while the controls all thrived”. Dr j c welch, pathologist of the lying-in hospital, found that rabbits infectedwith lethal doses of pneumococcus cultures intravenously were savedby large doses of camphorated oil. Fragmentary protocols are given the assistant pathologist of st francis’ hospital carried on theexperimental work, adding salicylic acid to the camphor no bloodcultures are reported the conclusion reached by dr seibert is thatsalicylic acid up to 3 per cent , added to the camphorated oil, iseffective in preventing pleural infection in the article by dr seibert, there appear most sketchy reports of paper, recovery beingreported without crisis in from three to nine days the referee has made a careful search of the literature, with thefollowing results. Boehnke berl klin wchnschr 50:818, 1913, using white mice, failed to confirm the experiments reported inseibert paper, unless camphorated oil were given before thepneumococci, and even then, he felt that the results were too irregularto be of great significance when given with anti-pneumococcic serum, however, he felt that there was essay benefit to be seen by theadministration of camphor. His protocols, however, are not detailed there is no report of blood cultures, etc another worker, h leo deutsch med wchnschr 39:690, 1913, reported that camphor water given intravenously prolonged the lives ofthirty-eight rabbits inoculated with pneumococci here again there wereno adequate protocols and very little evidence of careful experimentalwork appears in the literature of the past ten years, there appear sketchy clinicalarticles on the value of huge doses of camphor in pneumonia markevitch russk vrach, june 27, 1914. Abstr , the journal, dec 5, 1914, p 2081 treated 226 paper of pneumonia with 5 c c of camphorated oilhypodermically four times daily, at the same time giving digitalis amount not stated, with a mortality of 6 6 per cent , whereas, in 322paper untreated, there was a mortality of 13 3 per cent he reports133 grave paper. Sixty-six received no camphor.

“pendaison, ” p 223 - new-born infant question whetherits death was due to asphyxia from compression of neck by the motherwith her hand to hasten delivery he doubted the possibility of themother thus assisting her child but the direction of the sevenexcoriations on critical lens essay example its face contradicted the mother statement thetraces of finger-nails were distinct the lungs and alimentary canalshowed that the child had lived opinion given, infanticide 29 ibid , p 219 - woman, advanced in years, habits dissipated;found strangled four excoriations on left side of larynx, one onright. Blood in subcutaneous tissue marks of nails and long scratcheson wrist injuries on face and left breast she had been strangled byone hand on her neck while the other was over her mouth and nose facelivid. Eyes congested. Frothy bloody liquid flowing from mouth andnose. Tongue behind teeth. Bloody froth in larynx and trachea. Lungslarge, much congested, splenized in places, surface emphysematous, looking like white spots. Black fluid blood in heart. Brain essaywhatcongested 30 ibid , p 216 - wife of the celebrated painter gurneray. Founddead in bed, where a fire had been placed and slowly burnt and charredher lower limbs, belly, chest, and right hand a running noose aroundher neck injuries of head. Face livid.

For being critical lens essay example green, it loosens the belly, and voids cholerand phlegm from the stomach and liver. It cleanses the lungs, and byrectifying the blood, causes a good colour to the whole body the herbboiled in oil of camomile, dissolves knots, allays swellings, and driesup moist ulcers the lye made thereof is singularly good to cleansethe head from scurf, and from dry and running sores, stays the fallingor shedding of the hair, and causes it to grow thick, fair, and wellcoloured. For which purpose essay boil it in wine, putting essay smallageseed thereto, and afterwards essay oil the wall rue is as effectual asmaiden-hair, in all diseases of the head, or falling and recovering ofthe hair again, and generally for all the aforementioned diseases. Andbesides, the powder of it taken in drink for forty days together, helpsthe burstings in children golden maiden hairto the former give me leave to add this, and i shall say no more butonly describe it to you, and for the virtues refer you to the former, since whatever is said of them, may be also said of this descript it has thesis small, brownish, red hairs, to make up theform of leaves growing about the ground from the root. And in themiddle of them, in summer, rise small stalks of the same colour, setwith very fine yellowish green hairs on them, and bearing a small gold, yellow head, less than a wheat corn, standing in a great husk the rootis very small and thready place it grows in bogs and moorish places, and also on dry shadyplaces, as hampstead heath, and elsewhere mallows and marshmallows common mallows are generally so well known that they need nodescription our common marshmallows have divers soft hairy white stalks, rising tobe three or four feet high, spreading forth thesis branches, the leaveswhereof are soft and hairy, essaywhat less than the other mallow leaves, but longer pointed, cut for the most writing into essay few divisions, but deep the flowers are thesis, but smaller also than the othermallows, and white, or tending to a bluish colour after which comesuch long, round paper and seeds, as in the other mallows the rootsare thesis and long, shooting from one head, of the bigness of a thumbor finger, very pliant, tough, and being like liquorice, of a whitishyellow colour on the outside, and more whitish within, full of a slimyjuice, which being laid in water, will thicken, as if it were a jelly place the common mallows grow in every county of this land thecommon marsh-mallows in most of the salt marshes, from woolwich downto the sea, both on the kentish and essex shores, and in divers otherplaces of this land time they flower all the summer months, even until the winter dopull them down government and virtues venus owns them both the leaves of eitherof the sorts, both specified, and the roots also boiled in wine orwater, or in broth with parsley or fennel roots, do help to open thebody, and are very convenient in hot agues, or other distempers of thebody, to apply the leaves so boiled warm to the belly it not onlyvoids hot, choleric, and other offensive humours, but eases the painsand torments of the belly coming thereby. And are therefore used in allclysters conducing to those purposes the same used by nurses procuresthem store of milk the decoction of the seed of any of the commonmallows made in milk or wine, doth marvellously help excoriations, the phthisic, pleurisy, and other diseases of the chest and lungs, that proceed of hot causes, if it be continued taking for essay timetogether the leaves and roots work the same effects they help muchalso in the excoriations of the bowels, and hardness of the mother, andin all hot and sharp diseases thereof the juice drank in wine, or thedecoction of them therein, do help women to a speedy and easy delivery pliny saith, that whosoever takes a spoonful of any of the mallows, shall that day be free from all diseases that may come unto him. Andthat it is especially good for the falling-sickness the syrup also andconserve made of the flowers, are very effectual for the same diseases, and to open the body, being costive the leaves bruised, and laid tothe eyes with a little honey, take away the imposthumations of them the leaves bruised or rubbed upon any place stung with bees, wasps, orthe like, presently take away the pain, redness, and swelling that risethereupon and dioscorides saith, the decoction of the roots and leaveshelps all sorts of poison, so as the poison be presently voided byvomit a poultice made of the leaves boiled and bruised, with essay beanor barley flower, and oil of roses added, is an especial remedy againstall hard tumours and inflammations, or imposthumes, or swellings ofthe privities, and other writings, and eases the pains of them. As alsoagainst the hardness of the liver or spleen, being applied to theplaces the juice of mallows boiled in old oil and applied, takes awayall roughness of the skin, as also the scurf, dandriff, or dry scabsin the head, or other writings, if they be anointed therewith, or washedwith the decoction, and preserves the hair from falling off it is alsoeffectual against scaldings and burnings, st anthony fire, and allother hot, red, and painful swellings in any writing of the body theflowers boiled in oil or water as every one is disposed whereunto alittle honey and allum is put, is an excellent gargle to wash, cleanseor heal any sore mouth or throat in a short space if the feet bebathed or washed with the decoction of the leaves, roots, and flowers, it helps much the defluxions of rheum from the head. If the head bewashed therewith, it stays the falling and shedding of the hair thegreen leaves saith pliny beaten with nitre, and applied, draw outthorns or prickles in the flesh the marshmallows are more effectual in all the diseases beforementioned. The leaves are likewise used to loosen the belly gently, and in decoctions or clysters to ease all pains of the body, openingthe strait passages, and making them slippery, whereby the stone maydescend the more easily and without pain, out of the reins, kidneys, and bladder, and to ease the torturing pains thereof but the rootsare of more special use for those purposes, as well for coughs, hoarseness, shortness of breath and wheezings, being boiled in wine, or honeyed water, and drank the roots and seeds hereof boiled in wineor water, are with good success used by them that have excoriationsin the bowels, or the bloody flux, by qualifying the violence ofsharp fretting humours, easing the pains, and healing the soreness it is profitably taken by them that are troubled with ruptures, cramps, or convulsions of the sinews. And boiled in white wine, forthe imposthumes by the throat, commonly called the king evil, andof those kernels that rise behind the ears, and inflammations orswellings in women breasts the dried roots boiled in milk and drank, is especially good for the chin-cough hippocrates used to give thedecoction of the roots, or the juice thereof, to drink, to those thatare wounded, and ready to faint through loss of blood, and applied thesame, mixed with honey and rosin, to the wounds as also, the rootsboiled in wine to those that have received any hurt by bruises, falls, or blows, or had any bone or member out of joint, or any swelling-pain, or ache in the muscles, sinews or arteries the muscilage of the roots, and of linseed and fenugreek put together, is much used in poultices, ointments, and plaisters, to molify and digest all hard swellings, andthe inflammation of them, and to ease pains in any writing of the body the seed either green or dry, mixed with vinegar, cleanses the skin ofmorphew, and all other discolourings being boiled therewith in the sun you may remember that not long since there was a raging disease calledthe bloody-flux. The college of physicians not knowing what to make ofit, called it the inside plague, for their wits were at ne plus ultraabout it. My son was taken with the same disease, and the excoriationof his bowels was exceeding great. Myself being in the country, wassent for up, the only thing i gave him, was mallows bruised and boiledboth in milk and drink, in two days the blessing of god being uponit it cured him and i here, to shew my thankfulness to god, incommunicating it to his creatures, leave it to posterity maple tree government and virtues it is under the dominion of jupiter thedecoction either of the leaves or bark, must needs strengthen the livermuch, and so you shall find it to do, if you use it it is excellentlygood to open obstructions both of the liver and spleen, and eases painsof the sides thence proceeding wind marjoram called also origanum, eastward marjoram.

“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!. in the second place, the retaining of experts by a fee proportioned to the importance oftheir testimony is now as customary as is the retaining of lawyers nocourt would take as testimony the sworn statement of the law given bycounsel retained on a writingicular side, for the reason that the mosthigh-minded men are so swayed by an employment of this kind as to losethe power of imwritingial judgment. And so intense is this conviction thatin every civilized community the retention by a judge of presents fromsuitors visits him not only with disqualification but disgrace henceit is that, awriting from the writingisan character of their opinions, theirutterances, now that they have as a class become the retained agentsof the writingies, have lost all judicial authority and are entitled onlyto the weight which sound and consistent criticism will award to thetestimony itself in making this criticism a large allowance must bemade for the bias necessarily belonging to men retained to advocatea cause, who speak not as to fact but as to opinion, and who areselected, on all moot questions, either from their prior advocacy ofthem or from their readiness to adopt the opinion to be proved in thissense we may adopt the strong language of lord kenyon, that skilledwitnesses come with such a bias on their minds to support the causein which they are embarked, that hardly any weight should be given totheir evidence ”this author then proceeds to show that under the civil law system theconclusions of experts were formerly treated as unassailable facts, but under the english and american common law system this is not thecase, but their testimony is to be weighed by the court he says:“the grounds on which the conclusion is reached may be asked for. Theexpert capacity for drawing conclusions, as well as his premises, may be assailed paper of conflict are to be determined, not by thenumber of witnesses, but by the weight of their testimony, and thoughthe opinion of an expert of high character may be entitled to greatrespect, yet if questioned, its authority must ultimately rest upon thetruth, material and formal, of the reasoning on which it depends ”judge davis, of the supreme court of maine, in neil case citedin wharton and stille “medical jurisprudence, ” vol i , section294, said. “if there is any kind of testimony that is not only of novalue, but even worse than that, it is in my judgment that of medicalexperts they may be able to state the diagnosis of a disease morelearnedly, but upon the question whether it had at a given time reacheda stage that the subject of it was incapable of making a contract, orirresponsible for his acts, the opinions of his neighbors, of men ofgood common sense, would be worth more than that of all the experts inthe country ”such stinging criticisms as these, and others which might be cited, of a like character, may not be always merited it is certain thatmedical experts’ opinions, if fully enlightened by scientific researchand free from writingisan bias, ought to occupy a position like thatof judicial opinions in weight and decisiveness upon the questionssubmitted to them such was the position occupied in the publicestimation, and in that of judges and counsel, by the great dr casparin gerthesis, and foedere or pinel, and others since their time, infrance but this position was acquired chiefly because of the factalready mentioned, that under the system of administration of justicewhich prevails in those countries these great men were regarded, andacted, as a component writing of the judicial system they were calledin as officers of the law to assist the court in forming a judgment, and determining disputed questions of fact, in paper involving lifeand death, or the devolution of property, where scientific experience, knowledge and skill, not possessed by judges or by counsel, wasnecessary for the determination of the questions involved the rootof the evil in america is, as already pointed out, to be found inthe system which allows writingies to retain and pay their own expertswithout any substantial restrictions sooner or later, among the otherreforms in our judicial system, it will be found necessary to reformthis evil by the enactment of laws requiring that the witnesses inmedico-legal paper, writingicularly those in which a crime is allegedto have been committed, shall be designated by the court, or by essaypublic authority, and paid from the public treasury instead of bythe writingies such experts would then occupy their proper position ofspecial counsel, advising and assisting the legal counsel and thecourt, but they would not be taken out of this sphere and put in theutterly inconsistent one of witnesses their status and their dutieswould be as clearly distinguished from that of expert witnesses as nowknown, as the status and duty of the lawyer are from the status andduty of the judge the present system has been said to be very muchlike putting a lawyer, who has just argued his client case, on thebench to decide it whether experts should be appointed as permanentgovernment officials, like our judges, or should be selected speciallyfor each case like juries, referees, or arbitrators, and in the latterevent whether they should be nominated by the writingies and selected bythe court from such nominees, or otherwise, are all questions of detail our judges and lawyers seem slow to recognize the fact that the dutiesof experts are judicial, or at least quasi-judicial. To pass uponcertain facts which neither the court nor the jury can understandwithout their aid but, as we have seen from the citations just given, judges and lawyers have fully recognized the unreliability of experttestimony, produced as it now is in england and in this country atthe whim and selection of the writingies and paid for, much or little, according to the means of the writingies 181method of preliminary examination of experts on medical questions alicensed physician presumed competent - as the system exists here, theonly power that the court has over the selection of an expert, is todetermine, in advance of his testimony and of the elucidation of hisopinions, whether or not he is competent as an expert but this poweraffords little or no check or restriction, because in the effort to getall the light that is possible upon the questions under consideration, and to avoid unduly interfering with counsel in the conduct of thecase at bar, the practice has become universal, and is recognized inthe decisions and text writers, of permitting any medical man who hasa license to practise his profession, to testify as an expert, and togive his opinion as such on any question cognate to his profession this is so without regard to the amount of study and experience hemay have had in the writingicular matter under consideration the nakedfact that he is licensed to practise is enough he then that is, after testifying that he is a practising physician is clothed withthe garment of authority the only way in which his knowledge can betested is by cross-examination as to his experience and skill, andpossibly by contrasting him as he appears upon the witness-stand andhis history as he gives it, with other and more or less experienced andskilful men who follow him the rule is, that when a witness is produced to give an opinion on amedical question, he is interrogated by the counsel who produces himas to his qualifications at this point, before he is allowed to givehis opinion, it is proper and customary that the counsel upon the otherside of the case should be allowed an opportunity to cross-examineas to his competency, and then the court determines whether or nothe is a competent witness if the court pronounces him competent, ahypothetical question is put to him stating the facts of the case, asthe counsel interrogating him claims them to be established by theevidence, and the expert is then asked to give his opinion on thequestion at issue, based upon an assumption that the facts stated aretruly stated then the opposing counsel has the right to cross-examine, and to ask his views and opinions upon the same question at issue, butassuming as true other and different facts or premises, as he claimsthem to be established by the evidence this often involves a test ofwit and intelligence, and of forensic acumen, between the counsel andthe witness, which serves very little useful purpose, except perhaps toelucidate more strongly than has been here stated the defects of thesystem which now obtains it is also not unusual, and in fact is theresult of the workings of human nature, that under the manipulations ofcounsel skilled in cross-examination, skilled in methods of indirectionin stating facts, and armed with the powerful weapon of the rulewhich permits them to insist upon a categorical yes-or-no answer to aquestion, the jury and the court become confused, the witness loseshis temper, or becomes affected more strongly than ever before by biasagainst his persecutors, as he feels them to be, and the examinationends in a farce this is not always the case, and the illustrationgiven is an extreme one like the citations from judicial criticism ofexpert testimony which have been given, these matters are only advertedto here as danger signals, a warning to both professions, and with anearnest suggestion of the necessity of reform experts, how summoned into court they must obey the summons and appear and be sworn in general theyneed not give their opinions unless duly compensated - an expertwitness is brought into court like an ordinary witness by the usualprocess of the court this process is, under the american system, anordinary subpœna, and, being process of the court, whether or not hehas been paid or promised compensation for giving his opinion he mustobey the process to the extent at least of appearing in court whencalled, to be sworn interesting questions have been raised as to hisobedience to the subpœna to the extent of testifying when he has notbeen compensated it has been argued, and the argument is sustainedby the decisions of courts of high authority in essay states, thathis knowledge and skill, acquired by study and by experience, is hisproperty, of which he cannot be deprived without just compensation, under his constitutional rights guaranteed to him by the organic lawof this country on the other hand, in essay other states it has beenheld that he is so far a necessary writing of the judicial system that hemay be called upon to give the results of his experience, knowledge, and skill forming his opinion, without payment other than the ordinarycompensation to witnesses it is believed, however, that the betteropinion is the former. That he does not stand on the same footing asan ordinary witness, whose province it is to testify solely to mattersof observation of fact, but that he stands in the position of one whohas essaything to give. Essaything to imwriting in the way of knowledge orexperience, which is his property as much as any other thing movable orimmovable of which he is possessed a essaywhat different question has arisen in the case of a witness who, like a family physician or attending physician, has learned factsand has been paid for his attendance, or who exacts payment for hisattendance, as a physician from his patient, and this question is;when such a professional man has been called upon to testify to theinformation he thus attained, whether he can be asked for, and requiredto give, opinions based on those facts?.

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In eight paper, critical lens essay example women, the thyroid cartilage was injured three times, the cricoid four. In eight, men, the thyroid eight and cricoid five whence he concluded that the larynx is better protected in women in the sixteen paper the hyoid bone was fractured ten times the proof of death by strangulation tidy787 says that “nothing short of distinct external marks wouldjustify the medical jurist in pronouncing death to be the resultof strangulation ” on the other hand, taylor788 considers thecondition of the lungs described as characteristic liman789 didnot think there were any internal appearances which could distinguishsuffocation, strangulation, and hanging from each other in estimating the value of testimony it will be well to consider thefollowing facts:a victim may be strangled without distinct marks being found thepractice of the thugs shows that this may be done with a soft cloth andcarefully regulated pressure without making marks taylor, 790 whileadmitting the possibility, states that this admission “scarcely appliesto those paper which require medico-legal investigation ”the subject while intoxicated or in an epileptic or hysterical paroxysmmay grasp his neck in gasping for air, and leave finger-marks different constricting agents may make quite similar marks marks maybe made on the neck within a limited time after death, similar tothose made during life tidy experiments led him to fix this limitat three hours for ecchymoses and six hours for non-ecchymosed marks taylor, 791 however, doubts if such marks could be made one hourafter death he says that the period cannot be stated positively, andprobably varies according to the rapidity with which the body cools it is, however, unlikely in such post-mortem attempts at deceptionthat the other conditions usual in strangulation would be found suchas lividity and swelling of face. Prominence and congestion of eyes;protrusion of tongue. Rupture of surface air-vesicles and apoplexies inthe lung.