Medical Jurisprudence, Forensic medicine and Toxicology - vol 1 of 4
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MEDICAL JURISPRUDENCE
CONTENTS.
INTRODUCTION.
MEDICAL JURISPRUDENCE.
CHAPTER I.
OF THE RIGHT TO PRACTISE MEDICINE AND SURGERY.
Legal Definition and History of the Terms Physician and Surgeon.
Legal Definition and History of the Terms Physician and Surgeon.
CHAPTER II.
ACQUIREMENT OF LEGAL RIGHT TO PRACTISE MEDICINE AND SURGERY.
Early Common-Law Rule Concerning Suits by Physicians.
IN NEW YORK AND ELSEWHERE PRACTITIONER WITHOUT LICENSE CANNOT SUE AND RECOVER FOR HIS FEES.
How may a Diploma or License be Proved in a Court of Law?
State and Local Boards of Health—Powers Governed by Special Statutes.
Early Common-Law Rule Concerning Suits by Physicians.
IN NEW YORK AND ELSEWHERE PRACTITIONER WITHOUT LICENSE CANNOT SUE AND RECOVER FOR HIS FEES.
How may a Diploma or License be Proved in a Court of Law?
State and Local Boards of Health—Powers Governed by Special Statutes.
CHAPTER III.
OF THE CONTRACTUAL RELATION BETWEEN PHYSICIAN AND PATIENT.
Employment and Rights in Regard To Compensation.
Elements of the Contract Between Physician and Patient.
Employment and Rights in Regard To Compensation.
Elements of the Contract Between Physician and Patient.
CHAPTER IV.
OF THE LEGAL RIGHT OF PHYSICIANS AND SURGEONS TO RECOVER COMPENSATION FOR SERVICES.
Liability of Third Persons Calling a Physician—General Rule.
Measure of Recovery for Services Rendered.
Liability of Third Persons Calling a Physician—General Rule.
Measure of Recovery for Services Rendered.
CHAPTER V.
OF THE PRIVILEGES AND DUTIES OF PHYSICIANS AND SURGEONS WHEN SUMMONED AS EXPERT WITNESSES IN COURTS OF JUSTICE.[180]
EXPERTS, HOW SUMMONED INTO COURT.
CHAPTER VI.
MALPRACTICE.
Civil Liability for Malpractice.
Measure of Damages.
Civil Liability for Malpractice.
Measure of Damages.
CONFIDENTIAL COMMUNICATIONS BETWEEN PHYSICIAN AND PATIENT.
PRIVILEGED COMMUNICATIONS.
COMMON LAW.
THE RULE IN THE UNITED STATES.
THE STATUTES.
Analysis of the Statutes.
Analysis of the Statutes.
JUDICIAL INTERPRETATION OF THE STATUTES.
Classes of Actions.
Waiver of the Privilege.
The Evidence Excluded.
Classes of Actions.
Waiver of the Privilege.
The Evidence Excluded.
THE PROVINCE OF THE COURT IN DEALING WITH THE PRIVILEGE.
THE EFFECT OF ENFORCING THE PRIVILEGE.
THE CHARACTER AND WEIGHT OF THE EVIDENCE TO SUSTAIN THE OBJECTION.
THE RIGHTS AND DUTIES OF THE PHYSICIAN WITH REFERENCE TO THE PRIVILEGE.
THE RESULT OF THE LEGISLATION.
SYNOPSIS OF THE EXISTING STATUTES
THE ACQUIREMENT OF THE RIGHT TO PRACTISE MEDICINE AND SURGERY IN THE UNITED STATES, GREAT BRITAIN AND IRELAND, AND THE CANADIAN PROVINCES.
Alabama.
Arizona.
Arkansas.
California.
Colorado.
Connecticut.
Delaware.
District of Columbia.
Florida.
Georgia.
Idaho.
Illinois.
Indiana.
Iowa.
Kansas.
Kentucky.
Louisiana.
Maine.
Maryland.
Massachusetts.
Michigan.
Minnesota.
Mississippi.
Missouri.
Montana.
Nebraska.
Nevada.
New Jersey.
New Hampshire.
New Mexico.
New York.
North Carolina.
North Dakota.
Ohio.
Oklahoma.
Oregon.
Pennsylvania.
Rhode Island.
South Carolina.
South Dakota.
Tennessee.
Texas.
Utah.
Vermont.
Virginia.
Washington.
West Virginia.
Wisconsin.
Wyoming.
The United Kingdom of Great Britain and Ireland.
British Columbia.
Manitoba.
New Brunswick.
Newfoundland.
Northwest Territories.
Nova Scotia.
Ontario.
Quebec.
Alabama.
Arizona.
Arkansas.
California.
Colorado.
Connecticut.
Delaware.
District of Columbia.
Florida.
Georgia.
Idaho.
Illinois.
Indiana.
Iowa.
Kansas.
Kentucky.
Louisiana.
Maine.
Maryland.
Massachusetts.
Michigan.
Minnesota.
Mississippi.
Missouri.
Montana.
Nebraska.
Nevada.
New Jersey.
New Hampshire.
New Mexico.
New York.
North Carolina.
North Dakota.
Ohio.
Oklahoma.
Oregon.
Pennsylvania.
Rhode Island.
South Carolina.
South Dakota.
Tennessee.
Texas.
Utah.
Vermont.
Virginia.
Washington.
West Virginia.
Wisconsin.
Wyoming.
The United Kingdom of Great Britain and Ireland.
British Columbia.
Manitoba.
New Brunswick.
Newfoundland.
Northwest Territories.
Nova Scotia.
Ontario.
Quebec.
LEGAL STATUS OF THE DEAD BODY.
APPENDIX.
Alabama.
Arizona.
Arkansas.
California.
Colorado.
Connecticut.
Delaware.
Florida.
Georgia.
Idaho.
Illinois.
Indiana.
Iowa.
Kansas.
Kentucky.
Louisiana.
Maine.
Maryland.
Massachusetts.
Michigan.
Minnesota.
Mississippi.
Missouri.
Montana.
Nebraska.
Nevada.
New Hampshire.
New Jersey.
New Mexico.
New York.
North Carolina.
North Dakota.
Ohio.
Oklahoma.
Oregon.
Pennsylvania.
Rhode Island.
South Carolina.
Tennessee.
Texas.
Vermont.
Virginia.
Washington.
West Virginia.
Wisconsin.
Alabama.
Arizona.
Arkansas.
California.
Colorado.
Connecticut.
Delaware.
Florida.
Georgia.
Idaho.
Illinois.
Indiana.
Iowa.
Kansas.
Kentucky.
Louisiana.
Maine.
Maryland.
Massachusetts.
Michigan.
Minnesota.
Mississippi.
Missouri.
Montana.
Nebraska.
Nevada.
New Hampshire.
New Jersey.
New Mexico.
New York.
North Carolina.
North Dakota.
Ohio.
Oklahoma.
Oregon.
Pennsylvania.
Rhode Island.
South Carolina.
Tennessee.
Texas.
Vermont.
Virginia.
Washington.
West Virginia.
Wisconsin.
POWERS AND DUTIES OF CORONERS AND MEDICAL EXAMINERS.
I. The Coroner and his Court.
Coroner’s Duties both Judicial and Ministerial.
The Inquest must be Held upon View of the Body.
Post-Mortem Examination.
Massachusetts Statutory Provisions.
New York’s Statutory Provisions.
Coroner’s Duties both Judicial and Ministerial.
The Inquest must be Held upon View of the Body.
Post-Mortem Examination.
Massachusetts Statutory Provisions.
New York’s Statutory Provisions.
II. The Jury and Inquest.
Rights of Accused Party.
Rights of Accused Party.
III. The Effect of the Evidence and Verdict.
When Evidence taken before Coroner of a Party Charged with Crime Admissible in Evidence upon His Trial Subsequently.
When Evidence taken before Coroner of a Party Charged with Crime Admissible in Evidence upon His Trial Subsequently.
AUTOPSIES.
SURROUNDING OBJECTS—POSITION OF THE BODY.
POST-MORTEM EXAMINATION.
ORDER OF AUTOPSY.
EXTERNAL EXAMINATION.
INTERNAL EXAMINATION.
The Head.
Thorax and Abdomen.
Thorax.
Abdomen.
Thorax.
Abdomen.
The Spinal Cord.
LATE AUTOPSIES.
LATE AUTOPSIES.
AUTOPSIES OF FRAGMENTS.
MEDICO-LEGAL REPORTS.[568]
PERSONAL IDENTITY.
GENERAL CONSIDERATIONS.
IDENTITY OF BURNT REMAINS.
IDENTIFICATION OF HUMAN BONES.
Are the Bones Old or Recent?
Identity in Case of Entire Skeleton or in Case of Isolated Bones.
Determination of Race.
Determination of Height or Stature.
Determination of Age.
Determination of Sex.
Accidental Signs and Evolution of the Teeth.
Congenital Peculiarities, Deformities, and Injuries.
Duration of Burial.
Are the Bones Old or Recent?
Identity in Case of Entire Skeleton or in Case of Isolated Bones.
Determination of Race.
Determination of Height or Stature.
Determination of Age.
Determination of Sex.
Accidental Signs and Evolution of the Teeth.
Congenital Peculiarities, Deformities, and Injuries.
Duration of Burial.
THE HAIR AND NAILS.
IDENTIFICATION OF MUTILATED REMAINS.
ENTIRE CADAVER DEAD BUT A SHORT TIME.
SURFACE SIGNS OF IDENTITY.
SIGNS FURNISHED BY MARKS, SCARS, STAINS, ETC., ON THE SKIN.
Tattooing.
Value of Professional Stigmata.
Tattooing.
Value of Professional Stigmata.
VALUE OF STAINS AND DIFFERENT IMPRINTS.
DEFORMITIES AND PATHOLOGICAL PECULIARITIES.
JUDICIAL ANTHROPOMETRY.
MEDICO-LEGAL DETERMINATION OF THE TIME OF DEATH.
SIGNS OF DEATH.
POST-MORTEM CHANGES.
Cooling of the Body.
Flaccidity.
Rigor Mortis.
Cadaveric Ecchymosis—Cadaveric Lividity or Hypostasis.
Putrefaction.
Circumstances Favoring Putrefaction.
Circumstances Retarding Putrefaction.
Effects on Putrefaction of Submersion in Water.
Saponification.
Cooling of the Body.
Flaccidity.
Rigor Mortis.
Cadaveric Ecchymosis—Cadaveric Lividity or Hypostasis.
Putrefaction.
Circumstances Favoring Putrefaction.
Circumstances Retarding Putrefaction.
Effects on Putrefaction of Submersion in Water.
Saponification.
DATA UPON WHICH OPINION AS TO TIME OF DEATH IS FORMED.
WOUNDS.
GENERAL CONSIDERATIONS. THE DIFFERENT KINDS OF WOUNDS.
EXAMINATION AND DESCRIPTION.
WAS THE INJURY INFLICTED BEFORE OR AFTER DEATH?
THE CAUSE OF DEATH FROM WOUNDS.
I. Was the Wound the Cause of Death Directly?
II. Was the Wound the Cause of Death Necessarily?
III. Was a Wound the Cause of Death Secondarily?
IV. Was the Wound made by the Instrument Described?
V. Was a Wound Self-Inflicted or was it Inflicted by Another?
Imputed or Self-Inflicted Wounds.
Was a Wound Accidental?
Of more than One Injury which was the First Inflicted?
I. Was the Wound the Cause of Death Directly?
II. Was the Wound the Cause of Death Necessarily?
III. Was a Wound the Cause of Death Secondarily?
IV. Was the Wound made by the Instrument Described?
V. Was a Wound Self-Inflicted or was it Inflicted by Another?
Imputed or Self-Inflicted Wounds.
Was a Wound Accidental?
Of more than One Injury which was the First Inflicted?
INCISED AND PUNCTURED WOUNDS AND WOUNDS OF BLUNT INSTRUMENTS REGIONALLY CONSIDERED.
WOUNDS OF THE HEAD.
WOUNDS AND INJURIES OF THE SPINE AND SPINAL CORD.
WOUNDS OF THE THORAX AND THORACIC ORGANS.
WOUNDS AND CONTUSED INJURIES OF THE ABDOMINAL WALL AND VISCERA.
RUPTURE OR WOUNDS OF THE ABDOMINAL VISCERA.
Incised, Punctured, and Contused Wounds of the Genital Organs.
Incised, Punctured, and Contused Wounds of the Genital Organs.
INCISED, PUNCTURED, AND CONTUSED WOUNDS OF THE EXTREMITIES.
GUNSHOT WOUNDS.
GENERAL CONSIDERATIONS.
EXAMINATION AND DESCRIPTION.
EVIDENCE FROM THE SITUATION OF THE WOUND.
EVIDENCE FROM THE WEAPON AND PROJECTILE.
EVIDENCE FROM EXAMINATION OF THE DEAD BODY.
IDENTITY FROM A FLASH OF GUNPOWDER.
GENERAL MEDICO-LEGAL CONSIDERATIONS.
OF THE VARIOUS CONDITIONS WHICH COMPLICATE GUNSHOT WOUNDS AND MAKE THEIR RESULTS UNCERTAIN,
DEATH BY HEAT AND COLD.
TEMPERATURE OF THE BODY.
EFFECTS OF EXTREME COLD.
Symptoms.
Treatment.
Post-Mortem Appearances.
Symptoms.
Treatment.
Post-Mortem Appearances.
EFFECTS OF EXTREME HEAT.
SUNSTROKE.
Pathological Conditions.
Treatment.
Post-Mortem Appearances.
Pathological Conditions.
Treatment.
Post-Mortem Appearances.
BURNS AND SCALDS.
Appearances as Indicating Origin.
Appearances as Indicating Origin.
THE CLASSIFICATION OF BURNS.
EFFECTS OF BURNS.
Causes of Death.
Treatment.
Post-Mortem Appearances.
Period of the Occurrence of Death.
Causes of Death.
Treatment.
Post-Mortem Appearances.
Period of the Occurrence of Death.
WAS THE BURN ANTE MORTEM OR POST MORTEM?
MEANS OF DISTINGUISHING ANTE-MORTEM FROM POST-MORTEM BURNS.
WAS DEATH ACCIDENTAL, SUICIDAL, OR HOMICIDAL?
CASES.
MEDICO-LEGAL RELATIONS OF ELECTRICITY.
RESULTS OF ACCIDENTS AND INJURIES FROM ELECTRICAL MACHINES AND CONDUCTORS.
Currents of High Tension—Strong Artificial Currents.
Indirect Accidents.
Direct Accidents.
Currents of High Tension—Strong Artificial Currents.
Indirect Accidents.
Direct Accidents.
SYMPTOMS.
Direct Symptoms.
Essential or Internal Symptoms.
Direct Symptoms.
Essential or Internal Symptoms.
FATAL CURRENT.
ELECTROCUTION.
MENTAL OR PSYCHICAL SYMPTOMS.
LIGHTNING.
Symptoms.
Pathology and Pathological Anatomy.
Autopsies.
Symptoms.
Pathology and Pathological Anatomy.
Autopsies.
MECHANICAL SUFFOCATION.
STRANGULATION.
Symptoms and Treatment.
Post-Mortem Appearances.
The Proof of Death by Strangulation.
Strangulation: Accidental, Suicidal, Homicidal, Simulated.
Symptoms and Treatment.
Post-Mortem Appearances.
The Proof of Death by Strangulation.
Strangulation: Accidental, Suicidal, Homicidal, Simulated.
ILLUSTRATIVE CASES.
Homicide.
Suicide.
Accident.
Homicide.
Suicide.
Accident.
HANGING.
Symptoms in Hanging.
Treatment.
Post-Mortem Appearances.
Proof of Death by Hanging.
Hanging—Suicidal, Homicidal, or Accidental?
Symptoms in Hanging.
Treatment.
Post-Mortem Appearances.
Proof of Death by Hanging.
Hanging—Suicidal, Homicidal, or Accidental?
ILLUSTRATIVE CASES.
Suicide.
Homicide.
Judicial Hanging.
Accident.
Suicide.
Homicide.
Judicial Hanging.
Accident.
SUFFOCATION.
Causes.
Treatment.
Post-Mortem Appearances.
Proof of Death by Suffocation.
Accidental, Homicidal, and Suicidal Suffocation.
Causes.
Treatment.
Post-Mortem Appearances.
Proof of Death by Suffocation.
Accidental, Homicidal, and Suicidal Suffocation.
ILLUSTRATIVE CASES.
Accidental.
Suicide.
Homicide.
Accidental.
Suicide.
Homicide.
DEATH BY SUBMERSION OR DROWNING.
GENERAL CONSIDERATIONS.
DEFINITION AND PHENOMENA OF DROWNING.
MODE OF DEATH IN DROWNING.
STAGES AND SYMPTOMS OF DEATH BY DROWNING.
TREATMENT OF THE APPARENTLY DROWNED.
CADAVERIC SIGNS IN CASES OF DROWNING.
External Signs.
Internal Lesions.
External Signs.
Internal Lesions.
WAS THE DROWNING ACCIDENTAL, SUICIDAL, OR CRIMINAL?
CIRCUMSTANCES THAT MAY AFFECT THE TIME OF SUBMERSION.
STARVATION.
GENERAL CONSIDERATIONS.
ACUTE STARVATION.
“CHRONIC STARVATION,” “CHRONIC INANITION.”
The Period at which Death Occurs.
The Period at which Death Occurs.
WAS STARVATION ACCOMPANIED BY OTHER ILL TREATMENT?
POST-MORTEM EXAMINATION.
WAS DEATH CAUSED BY STARVATION OR DISEASE?
DISEASES PRODUCED BY STARVATION.
INDEX.
FOOTNOTES:
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