History

Primary Source Analysis Essay


The lowerjaw-bone is relatively smaller and lighter primary source analysis essay. The ribs are lighter andcompressed. The spine is relatively longer. The collar and shoulderbones and the sternum577 are smaller and lighter. There is a lesspronounced angle in the femur, the neck of which approaches a rightangle, while smallness of the patella in front and narrowness of thearticulating surfaces of the tibia and femur, which in man form thelateral prominences, are said to make the knee-joint in women a sexualcharacteristic but it is the striking contrast in the pelvis thatfurnishes a sexual significance that is of greater value than all therest of the skeleton together from a glance at the text-book accountof the pelvis, it does not appear that much anatomical knowledge isnecessary to identify the important points that give shape to thefemale pelvis its greater diameter except the vertical, larger andmore curved sacrum and coccyx, and great spread of the arch of thepubes are well-nigh incontestible signs the differences as detailedin the books can be objected to only on the possibility of a so-calledhermaphrodite pelvis in one of the other sex we essaytimes see a verylarge pelvis in a subject who by a teratological freak became a man masculine characteristics are, however, oftener found in women thanfeminine characteristics in men. Hence the conclusion that the presenceof feminine characteristics leaves but little doubt as to the sex, butthat certain masculine indications, while giving a great probabilityfor the male sex, are not absolutely decisive see hermaphroditism the finding of fœtal bones around or about the supposed female skeletonis suggestive it could not be inferred from this fact alone that thewoman was or was not pregnant at the time of death, since the absenceof fœtal remains on the one hand might imply their entire decompositionin advance of those of the adult. On the other hand, the indiscriminatehabit of undertakers, who often bury still-borns with adults, mayaccount for their presence accidental signs and evolution of the teeth the trade or occupation leaves but few marks on the bones that areuseful in the matter of identification it is in the recent andwell-preserved cadaver, or, better still, in the living subject, thatthe professional signs are of importance as a rule, the relativelylarger scapulæ point to the fact of a day-laborer.

If you bruise the primary source analysis essay roots and applythem to a plague-sore, they are notable things to draw the venom tothem raparum folia if they do mean turnip leaves, when they are youngand tender, they are held to provoke urine rosmarirum rosemary, hot and dry in the second degree, binding, stops fluxes, helps stuffings in the head, the yellow jaundice, helpsthe memory, expels wind see the flowers serapio, dioscorides rosa solis see the water rosa alba, rubra, damascena white, red, and damask roses rumex dock. All the ordinary sort of docks are of a cool and dryingsubstance, and therefore stop fluxes. And the leaves are seldom used inphysic rubus idæus. Raspis, raspberries, or hind-berries. I know no greatvirtues in the leaves ruta rue, or herb of grace. Hot and dry in the third degree, consumes the seed, and is an enemy to generation, helps difficultyof breathing, and inflammations of the lungs, pains in the sides, inflammations of the priapus and matrix, naught for pregnant women. Noherb resists poison more it strengthens the heart exceedingly, and noherb better than this in pestilential times, take it what manner youwill or can ruta muraria see adianthum sabina savin. Hot and dry in the third degree, potently provokesthe menses, expels both birth and afterbirth, they boiled in oil andused in ointments stay creeping ulcers, scour away spots, freckles andsunburning from the face. The belly anointed with it kills worms inchildren salvia sage. Hot and dry in the second or third degree, binding, it stays abortion in such women as are subject to come before theirtimes, it causes fruitfulness, it is singularly good for the brain, strengthens the senses and memory, helps spitting and vomiting ofblood. Outwardly, heat hot with a little vinegar and applied to theside, helps stitches and pains in the sides salix willow leaves, are cold, dry, and binding, stop spitting ofblood, and fluxes.

And a new formula is furnished for it we are told that “methyl-arsinate cannot be used in paper where fever is present ” “m chatelain at first studied the action of thiomethylarsinate. Clinical and physiological experimentation led him, however, to adopt thiocinnamate of caffein, of greater activity and with no contraindications ”nevertheless the same absence of contraindications was urged infavor of filudine when it was said to contain the now discardedthiomethylarsinate of caffein the following are essay of the unwarranted and even absurd claims. “filudine restores the liver functions it is to the liver what digitalis is to the heart.

But thecourt held that the privilege primary source analysis essay attached, because, although the death wasthe result of the cause, the facts constituting the cause were learnedwhile the physician was attending the living patient in a professionalcapacity and from the symptoms manifested at that time in consonance with the decision in grattan v metropolitan lifeinsurance company, 434 it has been held that a physician whoamputated a patient leg could not testify as to its condition at thetime it was amputated 435the fact that the physician does not prescribe does not defeat theprivilege. If the information is acquired in the course of professionalemployment the statute operates, for the decision that neither advicenor medicine is needed is a professional act within the spirit of thelaw 436 medicus optimus, medicamentum minimum, is the maxim used inanother case to illustrate this point 437but it cannot be predicated as matter of law that a physician cannotexclude from his consideration facts learned or opinions formed whileattending as physician. Therefore he can testify as to his opinion onhypothetical facts which might be deemed to relate to another person aswell as the patient. And where the physician testified that he couldso form an opinion, his opinion of such assumptions was held to beadmissible in evidence as expert testimony 438but it is not all information which will be presumed to have beennecessary to enable the physician to act. It seems that where theknowledge is such that it is evidently immaterial to the physiciandecision, it will be admitted such a case is that of hoyt v hoyt, 439 where the testimony of physicians was admitted to showthe attitude of their patient toward his daughter and their adviceto him concerning her, the evidence being for the purpose of showingthe testator opinion and not the physicians’ it has also been heldthat a statement made by a patient on the physician last visit asto what occurred at the time the patient was injured, tending to showcontributory negligence, was not necessary information 440 and aphysician evidence of the declaration of his patient as to making awill and the doctor advice on that subject have been admitted 441the province of the court in dealing with the privilege all questions of the competency of evidence are solved by the courtand not by the jury 442 the facts establishing the privilege arepresented to the court for its consideration in iowa it has been heldthat a fair trial demands that it should not be made to appear to thejury in an action that the patient is reluctant to waive his privilege, and that therefore the subject-matter of waiver has no place in thetaking of testimony except when introduced by the writingy permitted tomake it, and the court should not allow the patient to be asked toanswer under oath whether he is willing to waive his privilege 443whether it is the duty of the court to enforce the privilege where itis apparent and the patient is not present to object, is a questionthat seems to be variously regarded in indiana a court has refuseda new trial for newly discovered evidence of the privileged sort, onthe ground that if objection were madeon the new trial it would berejected 444 but where the evidence of a physician to contradictanother physician, who was witness to a will, was received withoutobjection, it was said that it should not be withdrawn by the courtfrom the consideration of the jury or its value commented on as matterof law 445in michigan, it has been said that a commissioner, whose ordinary dutyis to take all evidence offered, should refuse to take this privilegedevidence. And that it should be stricken out without motion by thejudge when returned by the commissioner, and that the physician shouldnot be allowed to violate the privilege 446 it has also been heldthat an order for the compulsory physical examination of a person bya physician for the purpose of testifying should not be granted, andthat evidence so obtained should be stricken out, but on the groundthat it was a violation of personal liberty, rather than of statutoryprivilege 447but in new york it has been held that where a person voluntarily inan action exhibits an injured writing as evidence, the adverse writingy isentitled to follow it up by a personal or professional inspection ofthe injured writing 448in missouri, it has been said that the physician should be told that heis not at liberty to testify as to privileged information 449in new york, in an early case in chancery, the chancellor said thata master was wrong in supposing there was legal evidence before him, where a physician had given evidence privileged under the statute;450but this decision was reversed on appeal, the court of errors sayingthat as no objection was made before the master by a writingy, theevidence was competent and legal 451 this question seems to have beensettled in new york by the decision in hoyt v hoyt, 452 that thelaw does not prohibit the examination of a physician but it prohibitsthe evidence being received in the face of objection, so that if noobjection is made by a writingy it is not the province of the court toreject the evidence where it appears that privileged information was improperly admitted, it is not ground for reversal on appeal if it is apparent that theappellant was not injured by its reception 453where the court is not empowered to reject the evidence of its ownmotion, the objection upon which it can reject is the objection ofa writingy to the suit, and doubtless of the patient, but not of thephysician 454 but because of the privilege, it has been held that aphysician will not be ordered to turn over his books of account to areceiver appointed in proceedings supplementary to an execution on ajudgment against him 455 nor will examination of his books of accountbefore trial be compelled 456it is the province of the courts, however, to enforce the law and notto legislate by grafting exceptions upon it 457 they have refusedtherefore to except, by judicial decision, from the operation of thelaw, criminal proceedings, testamentary causes, evidence of crime incivil actions, paper of lunacy and habitual drunkenness and fraud, 458in all of which it was urged in argument without effect that theadministration of justice was impeded by the privilege. But where thespirit of the law was violated by an enforcement of its letter andthe privilege made a cloak to shield the murderer of the patient, it was held to be inapplicable 459 the courts have also refusedby mere judicial decision to limit the privilege to the life of thepatient 460the effect of enforcing the privilege the courts are not warranted in admitting incompetent evidence in orderto prevent the failure of justice by the exclusion of the privilegedtestimony a letter written by a physician is inadmissible as evidenceof the privileged facts which it states;461 and a certificate ofthe cause of death, required by law to be signed by the physician andfiled, is not admissible to prove the cause of death in an action inwhich the physician cannot testify 462the making of the objection does not raise a presumption against theperson making it 463 in iowa it has been held that the patient shouldnot be interrogated under oath as to whether or not he will waive hisprivilege, for the jury ought not to be prejudiced against him by anyshow of reluctance 464 in michigan, however, it has been held that apatient failure to produce his physician as a witness is a legitimatefact for the jury to consider 465the character and weight of the evidence to sustain the objection where the objection is made, the burden of proof to establish thegrounds of privilege is upon the person objecting 466 in missouriit has been said that the statement of the physician, that he cannotseparate his impressions received in his relation of physician fromthose received at other times, is not in itself sufficient to justifythe exclusion of his evidence. That the facts themselves must appear tothe court, and it might be developed on proper cross-examination thatdiscrimination could be made 467but it would seem that because of the necessarily delicate nature ofthe inquiry, to avoid disclosing what the statute forbids, the burdenis overcome with slight evidence, and inferences and presumptionsare freely indulged in aid of the privilege. For instance, where thephysician was not permitted to answer whether he did converse withhis patient about an injury, or whether he made an examination withreference to it, it was urged that the objection was prematurely made, but it was held that the fact that the patient consulted a physicianon the occasion to which the inquiry related, when considered with thenature of the questions, justified the exclusion in the absence ofother proof 468 but the physician may testify that he did attendhis patient as physician;469 and he may answer the question whetherthe information was necessary to enable him to act in his professionalcapacity;470 for while his testimony on that point is not conclusive, and the court uses its own judgment in reaching a determination, histestimony is competent evidence 471 he may also testify that a personwas ill and was his patient, that he attended as physician, and he canstate when he attended and how thesis times 472it has been said that where the evidence justifies the conclusion thatinformation regarding the patient is acquired while attending in aprofessional capacity, it is not essential to show by formal proof thatthe information was necessary 473the rights and duties of the physician with reference to the privilege the privilege established by law is a rule of evidence, and not aregulation of a physician general conduct outside of a proceeding inwhich rules of evidence are applicable 474 the courts have, however, not hesitated to intimate that it is a physician duty to observe thesame secrecy in his general walk and conversation 475the physician may testify as an expert on hypothetical questionssubmitted to him regarding facts which might be equally true of anyother person than his patient, and excluding from his considerationprivileged knowledge 476 and he may also testify as to matterswhich came to his knowledge before or after or independent of hisemployment as physician, 477 or which were immaterial to his acting ina professional capacity, and as to which his patient could have had noreasonable ground for believing that they were necessarily disclosedin order that the physician might so act 478 it is the patientprivilege and not the physician. And, therefore, the physician isnot absolutely incompetent as a witness, and has no right to refuse totestify 479 but where he is a writingy he may object and then he willnot be forced to disclose his patient confidence 480in indiana it has been held that where the patient testifies in anaction against his physician for malpractice the physician is thenat liberty to testify or to introduce any other witness to testifyconcerning the matters in controversy 481in michigan, a physician who was plaintiff in a libel suit was notpermitted to insist upon the privilege to prevent the disclosure of hismaltreatment of his patient or what other physicians had discoveredwith regard to it by visits to his patients 482the measure of the physician exemption and liability in testifyingis the language of the statute, and not his idea of his duty to hispatient or the patient injunctions of confidence or secrecy 483in essay of the states there are statutory provisions entitlingphysicians to sue for compensation for their professionalservices 484 the statutes regarding privileged communications areto be construed together with these there seems to be no reason whya physician right of action for his services and medicines shouldnot survive the prohibition of his evidence. But it would seem thathe cannot as a witness in such an action testify regarding privilegedmatter but he can prove it by other witnesses 485the result of the legislation it is doubtless due to considerations of public policy that thestatutes changing the common-law rule have been enacted;486 butthey have not proved an unalloyed benefit, and essay of their featureshave brought about conditions which in essay paper have embarrassedthe administration of justice the law in new york may be taken forillustration. It formerly cut off the safest means of ascertaining themental condition and competency of a testator;487 it now precludes aphysician from disclosing the condition of his patient who is a lunaticor habitual drunkard, 488 though it be the most satisfactory evidence;it shuts out much testimony tending to show fraud in insurancepaper;489 it precludes a physician from stating the cause of hispatient death, 490 though there is no longer any secrecy connectedwith it, for the law makes it the duty of the physician to make, forfiling with the local board of health, a certificate of the probablecause of the death of a patient 491 it has been the subject of muchadverse criticism, 492 but all such considerations are properly to beaddressed to the legislature and not to the courts it seems to be themost far-reaching in its exclusion, and though it has been the longestin existence, was modified at the legislative sessions of 1891, 1892, and 1893, a fact which tends to show that there was sound reason in thecriticisms a synopsis of the laws of the several states and territories of the united states of america, and of great britain and ireland, and of the north american provinces of great britain, regulating the practice of medicine and surgery, prepared from the latest statutes by william a poste, late first deputy attorney-general of the state of new york, and charles a boston, esq , of the new york city bar synopsis of the existing statuteswhich regulate the acquirement of the right to practise medicine and surgery in the united states, great britain and ireland, and the canadian provinces note - this synopsis is designed to contain especially thoseprovisions of the statutes which regulate the right to practisemedicine and surgery it is not intended to include provisionsregulating apothecaries, druggists, chemists, and dentists, or the saleof drugs, medicines, and poisons. Nor provisions for the organizationand procedure of boards of medical examiners, except so far as theyregulate the requirements demanded from applicants for permission topractise. Nor provisions with reference to the duties of clerks orregistrars in the preparation and safe-keeping of records in theircare. Nor those defining the duties of members of boards, and punishingthe misconduct of such members. Nor those prescribing qualificationsfor appointment to the public medical service. Nor former laws not nowapplicable to candidates. Nor regulations of the form of certificatesor licenses, where the issuing of them is committed to essay publicfunctionary or body.

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Contributions from the journal. Miscellany albert abrams, a m , m d , ll d , f r m s 472 acetylsalicylic acid, not aspirin 480 the allied medical associations of america 486 “arsenicals” 491 beer and cancer cures 494 biologic therapeutics and its commercial domination 496 capell uroluetic test 497 chemotherapy and tumors 499 the direct sales company 510 discoveries and discoverers 511 “drug reform” 513 drug therapy. The fallibility of textbooks 515 thomas webster edgar 515 glycerophosphates 520 influenza vaccine 520 intravenous therapy 522 iodin fumes 523 italian physico-chemical company 524 what is liquid petrolatum?. 526 the lowenthal postgraduate course 527 medical society of the united states 531 the national formulary-- a review of the fourth edition 535 nonspecific protein therapy 536 willard ealon ogden 538 “patents” 542 pharmaceutical barnums 545 the pharmacopeia 546 physician stock in prescription products 548 pituitary gland preparations 549 proprietorship in medicine 550 philip rahtjen and his discoveries 553 sodium cacodylate in syphilis 555 tablets. Dependability of dosage 556 therapeutic evidence. Its crucial test 557 “vaccines in toxic conditions” 560 vitamins. Their distribution 561 the william a webster co and the direct pharmaceutical co 564 yeast 566 briefer paragraphs 570 the propaganda for reform in proprietary medicines writing i reports of the council on pharmacy and chemistry foreword the council on pharmacy and chemistrythe council on pharmacy and chemistry was established by theamerican medical association primarily for the purpose of gatheringand disseminating such information as would protect the medicalprofession-- and thus the public-- in the prescribing of proprietarymedicinal articles the council consists of sixteen members, fifteen appointed for a termof five years without pay, and the sixteenth, a secretary, who isalso the director of the chemical laboratory of the american medicalassociation see writing ii at the present time 1921 the membership is. C l alsberg, a m , m d , chief of the bureau of chemistry, u s dewritingment of agriculture, washington, d c c w edmunds, m d , professor of materia medica and therapeutics, university of michigan medical school, ann arbor r a hatcher, ph g , m d , professor of pharmacology, cornell university medical college, new york city a w hewlett, m d , professor of medicine, leland stanford junior university school of medicine, san francisco john howland, m d , professor of pediatrics, johns hopkins university medical dewritingment, baltimore reid hunt, m d , professor of pharmacology, medical school, harvard university, boston w t longcope, a b , m d , new york g w mccoy, m d , director of the hygienic laboratory, u s public health service, washington, d c lafayette b mendel, ph d , sc d , professor of physiological chemistry, sheffield scientific school, yale university, new haven f g novy, sc d , m d , professor of bacteriology, university of michigan medical school, ann arbor w w palmer, b s , m d , bard professor of medicine, columbia university college of physicians and surgeons, new york w a puckner, phar d , secretary of the council, director of the chemical laboratory of the american medical association, chicago l g rowntree, m d , sc d , professor of medicine, mayo foundation, rochester g h simmons, m d , ll d , chairman of the council, editor of the journal of the american medical association, chicago torald sollmann, m d , professor of pharmacology and materia medica, western reserve university school of medicine, cleveland julius stieglitz, ph d , sc d , chem d , professor of chemistry, university of chicago, vice-chairman of the council, chicago at its first meeting in 1905, the council began examining theproprietary and nonofficial medicinal preparations offered tophysicians of the united states, and authorized the publication ofa book new and nonofficial remedies containing descriptions ofthose preparations which were deemed worthy of the consideration ofphysicians it also issued reports reports of the council on pharmacyand chemistry to the medical profession on those preparations whichwere not eligible the council adopted a set of rules by which tomeasure the eligibility of each preparation for admission to new andnonofficial remedies these rules were designed primarily to protectthe public-- through the medical profession-- against fraud, undesirablesecrecy and objectionable advertising in connection with proprietarymedicinal articles the rules originally adopted have been subjectedto revision from time to time to meet changing conditions for theinformation of those who wish to familiarize themselves with the workof the council the rules which are now in force 1921 follow thisintroduction a summary is also to be found in the article, “the workof the council on pharmacy and chemistry, present and future, ” page 12 since 1906, the council has issued new and nonofficial remediesannually in each issue are listed and described the articles thatstand accepted on january 1 of the year of publication the bookdescribes proprietary medicinal articles on the american market thatare found eligible under the rules, and also such nonproprietary, nonofficial articles as give promise of therapeutic usefulness, listingthe acceptable brands articles of a similar character are groupedtogether, and each group is preceded by a general discussion for thepurpose of comparison since 1908, the council has also issued an annual volume, “reportsof the council on pharmacy and chemistry, ” which contains reportson proprietary medicines that were found inadmissible to new andnonofficial remedies the reports issued prior to 1916-- and deemed ofsufficient interest to physicians-- were reprinted in the propagandafor reform in proprietary medicines, ninth edition 1916 the moreimportant reports issued from 1916 to 1921, inclusive, are in thisvolume while it is the chief function of the council to investigate and reporton proprietary medicinal preparations, its work has broadened so thatthe council work may now be characterized as a propaganda for therational use of drugs thus, its committee on therapeutic researchencourages the investigation of questions concerning the actionsof drugs these investigations are brought together in the “annualreports of the therapeutic research committee ” the council also has acommittee on medical teaching which has issued the publication “usefuldrugs, ” a concise, but thorough and up-to-date, discussion of the moreimportant drugs in addition, the council appointed a committee toprepare an “epitome of the u s pharmacopeia and national formulary, ”in which are presented those portions of the united states pharmacopeiaand the national formulary that are of interest to physicians and inwhich is given a concise statement of the therapeutic usefulness ofsuch drugs and preparations official rules of the council on pharmacy and chemistry may 1, 1921 introductionthe following rules have been adopted by the council primarily withthe object of protecting the medical profession and the public againstfraud, undesirable secrecy and objectionable advertising in connectionwith proprietary medicinal articles new and nonofficial remedies -- the book new and nonofficial remediescontains a description of proprietary articles which have beenaccepted as conforming to the rules of the council. And of such simplenonproprietary and nonofficial substances as seem of sufficientimportance to warrant their inclusion mixtures -- for admission to n n r , proprietary pharmaceuticalmixtures must comply with the rules. And, to determine such compliance, they will be investigated by the council the council, however, endorses the principle that prescriptions should be written on thebasis of the therapeutic effects of the individual ingredients forthis reason, it includes in this book only those mixtures that presentessay real advantage there is also an appendix in which are includedthose proprietary articles which, so far as known to the council, comply with the rules, but which do not possess sufficient originalityto be admitted to the body of the book rules governing the admission of proprietary articles to the book new and nonofficial remediesdefinition of proprietary articles -- the term “proprietary article, ”in this place, shall mean any chemical, drug or similar preparationused in the treatment of diseases, if such article is protected againstfree competition, as to name, product, composition or process ofmanufacture, by secrecy, patent, copyright, or by any other means rule 1 -- composition -- no article will be accepted for inclusion inthe book new and nonofficial remedies, or retained therein, unless itscomposition be furnished to the council for publication for simplesubstances, the scientific name and the chemical formula, rational orstructural, if known, should be supplied for mixtures, the amount ofeach active medicinal ingredient in a given quantity of the articlemust be stated the general composition of the vehicle, its alcoholicpercentage, and the identity of the preservatives must be furnished rule 2 -- identification -- no article will be accepted or retainedunless suitable tests for determining its composition are furnished tothe council in the case of chemical compounds, these shall consist oftests for identity and purity in the case of mixtures, description ofmethods for determining the amount and active strength of the potentingredients shall be furnished, if practicable rule 3 -- direct advertising -- no article that is advertised to thepublic will be accepted or retained.