INDEX.
Reading edition
————
Abdomen, contusions of, 580
post-mortem examination of, 370
wounds of, 580
Abdominal viscera, rupture of, 582
wounds of, 582
Abscess of brain, 563
Actions to recover for services (see Privileged Communications), 26
amount of recovery in, 45
elements to be proved in, 47
evidence in, 22-48
Actions for malpractice, 73-87
Adipocere, 451
Age, determination of, 399
Alcoholism, 564
Anthropometry, 432
Apnœa, 709, 796
Arteries, wounds of, 578
Asphyxia, 708
by submersion, 796, 797
external appearances due to, 715
internal appearances due to, 718
Autopsies, 301, 349
in cases of poisoning, 356, 371
late, 378
of fragments, 380
order of, 356
Bills for services, effect of, 43
Bladder, rupture of, 585
wounds of, 585
Blank charges, wounds by, 617
Blood, coagulation of, 488, 701
condition of, after burns, 653
extravasation of, in brain, 565
on weapons, 535
stains, 350
Body (see Dead Body), examination of, 537
temperature of, 629
Bones, identification of, 390
old or recent? 391
Books, medical, when and where used in court, 64
of original entry, when admissible as evidence, 48
of physician, see Privileged Communications
Brain, abscess of, 563
concussion of, 561
congestion of, in drowning, 796
extravasation of blood in, 565
post-mortem examination of, 362
wounds of, 569
Bullets, 595
loss of weight of, 601
track of, 595
Burking, 775
Burns, 360, 639
by acids, 641
burning oil, 640
corrosives, 641
electrical currents, 664, 676
flame, 640
fused metals, 640
lightning, 694
petroleum, 641
cases of, 657
causes of death by, 645
classification of, 642
constitutional effects of, 644
local effects of, 643
period of death from, 649
post-mortem appearances of, 647
whether ante- or post-mortem, 649
Cadaveric changes (see Post-mortem), 441
Cadaveric saponification, 451
Cases of burns, 657
of hanging, 760
of strangulation, 726
of suffocation, 787
Catalepsy, 822
Cause of death, see Coroners
from burns, 645
severe mechanical injury, 499
submersion, 797
wounds, 496, 497
Cause of Death,
hemorrhage as, 497
latent disease as, 503
shock as, 499
was it natural? 503
wounds as secondary, 509
Clothing, examination of, 352, 537
Cold, effects of extreme, 630
Combustion, spontaneous, 647
Communications, privileged (see Privileged Communications), 33
Compensation, see Physician and Patient; Expert Witness; Coroners; Medical Examiners
Concussion, 472
of brain, 561
spinal cord, 573
Congenital peculiarities, identity from, 403
Constitutionality of statutes regulating practice of medicine and surgery, 7-11
Contracts between physician and patient (see Physician and Patient), 25
Contre-coup, 559, 611
Contusions, 358, 467, 470, 523
by lightning, 695
of abdomen, 580
of head, 558
of neck, 570
Coroner (see Post-mortem Examinations), 331
is virtute electionis in America, 332
duties of, are both judicial and ministerial, 332
judicial authority of, relates to inquiries into cases of death, 332
jurisdiction of, 332
kinds of, at common law, 331
presumption that he has acted in good faith, 332
protected under same principles which protect judicial officers, 333
Effect of evidence and verdict, 343
at common law was equivalent to indictment by grand jury, 343
not so now, yet inquisition has same power until grand jury passes upon the case, 343
Evidence before, when admissible upon a subsequent trial, 344
Inquest, all evidence must be presented to jury, 342
coroner cannot hold a second inquest while the first is undischarged, 334
coroner has power to hold, 332, 334
is a judicial investigation, 333
must be held in view of the body, 335
separate inquests must be held over each of several bodies, 333
Jury and inquest, coroner may compel attendance of witnesses, 341
Jury and inquest, jurors must be from jurisdiction wherein coroner is empowered to act, 341
jurors must be sworn by coroner, 341
jurors must investigate and determine the facts, 341
jurors must view the body, 341
jurors not challengeable, 341
witnesses must be sworn by the coroner, 342
Massachusetts, see Medical Examiners
office abolished by statute in, 338
statutory provisions in, 338
who may hold an inquest, 338
New York, coroner may issue warrant of arrest of person charged with the death, 341
must, after examination of charges, hold defendant to answer or discharge him, 341
must proceed to examine charges against accused upon his arrest, 341
inquisition and testimony must be filed, 340
jurors must inspect the body and hear the testimony, 340
jury must render verdict and certify it by an inquisition, 340
six or more jurors must be sworn, 340
statutory provisions, 339
testimony must be reduced to writing, 340
when inquest may be held, 339
Powers of,
cannot delegate authority or appoint deputy, 333
contract will bind county for payment of reasonable compensation, 336
may employ professional skill to aid him, 335
may have body disinterred, 335
may issue process of apprehension, 343
Return of inquisition, 342
inquisition should be signed by the coroner and jury, 343
should certify that witnesses before the coroner were sworn, 343
verdict of the jury is final, 342
Rights of accused party before, 342
has not the right to be represented by counsel or to cross-examine witnesses, 342
is not permitted to produce witnesses to show himself innocent, 342
privilege of prisoner upon arrest, 344
testimony may be taken by the coroner in his absence, 342
under New York criminal code defendant is entitled to a hearing before a magistrate, 344
Craniometry, 394
Cremation, 389
Custom of physicians to serve each other gratuitously, 52
Dead Body,
autopsies, 301, 349
changes in, 441
chemical examination of, 303
cooling of, 441
coroners’ duties concerning (see Legal Status of, Appendix), 301
crimes against (see Legal Status of, Appendix), 299
disposal of, 298
dissection, when permitted (see Legal Status of, Appendix), 302
district attorney’s powers concerning, 303
duty of burial, 298
examination of gunshot wounds, 610
exhumation of, 300
external examination of, 358
flaccidity of, 442
internal examination of, 360
legal status of, 297
Appendix, giving statutes concerning, 304
physical examination of (see Autopsies), 302
post-mortem examination of (see Autopsies; Post-mortem Examiners), 303
putrefaction of, 445
right of burial or removal, 301
saponification of, 451
seizure for debt forbidden, 299
statutes regulating interment or exhumation, etc., generally, 304
Alabama, 309
Arizona, 309
Arkansas, 309
California, 310
Colorado, 311
Connecticut, 311
Delaware, 312
Florida, 312
Georgia, 312
Idaho, 313
Illinois, 313
Indiana, 313
Iowa, 314
Kansas, 314
Kentucky, 314
Louisiana, 315
Maine, 315
Maryland, 315
Massachusetts, 316
Michigan, 316
Minnesota, 317
Mississippi, 317
Missouri, 318
Montana, 318
Nebraska, 318
Nevada, 319
New Hampshire, 319
New Jersey, 320
New Mexico, 320
New York, 320
North Carolina, 321
North Dakota, 321
Ohio, 322
Oklahoma, 322
Oregon, 323
Pennsylvania, 323
Rhode Island, 324
South Carolina, 324
Tennessee, 324
Texas, 325
Vermont, 325
Virginia, 325
Washington, 326
West Virginia, 326
Wisconsin, 326
temperature of, 441, 453
Death, apparent, 439
from anæsthetics, 516
burns, causes of, 645
period of, 649
whether accidental, suicidal, or homicidal? 657
cold, 633
post-mortem appearances in, 634
electrical currents, 683
hanging, proof of, 757
latent disease, 503
natural causes, 503
slight injuries, 507
starvation, 813
strangulation, proof of, 721
submersion, 794, 798
suffocation, proof of, 784
surgical operations, 515, 624
wounds, causes of, 496, 497
signs of, 440
time of, 437
Deformities, identity from, 403
Delirium tremens, 514, 624
Diaphragm, rupture of, 579
wounds of, 579
Diploma or license, how proved in court, 20
Dislocations, 476
Drowning (see Submersion), 793
Ecchymoses, 467
ante-mortem, 444
post-mortem, 443, 444, 485
Electric cars, 668
Electric light, effects of, on eyes, 676
Electrical apparatus, injuries from, 664
Electrical currents, burns from, 664, 676
direct injuries from, 671
direct symptoms of injury from, 676
fatal, 682
high tension, 666
indirect injuries from, 670
injury from, 664
internal symptoms caused by, 678
mechanical effects of, 675
mental symptoms from, 689
muscular contraction from, 677
Electrical resistance, 673
Electricity, 661
medical, 664
static, 673
Electrocution, 683
Erosion, 471
Erysipelas, 511
Examination of body, 537
of clothing, 537
of surroundings, 541
Excoriation, 471
Experiments, testing powder-marks, 613
with cadavers, 607
Expert witness (see Privileged Communications), 49-72
compensation of, 60
competency of, 61
conduct of, in court, 65
definition of, 53
examination of, scope of, 65, 68
impeachment of, 64
in civil and criminal cases, 61
medical books, how may be used in examining, 64
practical suggestions, 70
summons of court must be obeyed, 60
system in Germany and France compared with that in United States, 54
Exposure, effects of, 630
Extremities, wounds of, 589
Face, wounds of, 569
Falls, 549
Faradism, 672
Firearms, evidence from, 600
examination of, 612
Flash, identity by, 619
Footprints, 427
Fractures, 359, 474, 491, 553
by gunshot wounds, 610
of ribs, 574
skull, 559
spine, 571
spontaneous, 474
Gall-bladder, wounds and rupture of, 584
Garrotting, 571, 707
Genital organs, post-mortem examination of, 376
wounds of, 588
Gunshot wounds, see Wounds, Gunshot
Hæmatomata, 468
Hair, identity from, 406
on weapons, 535
Handwriting, 434
Hanging, 707, 735
accidental, cases of, 774
cases of, 760
homicidal, 759
cases of, 767
judicial, cases of, 770
post-mortem appearances, 746
proof of death by, 757
suicidal, 758
cases of, 760
symptoms in, 740
treatment in, 744
Health, Boards of, see Practice of Medicine and Surgery
physicians reporting contagious diseases to, not liable for mistaken reports, 23
powers, how governed, 23, 24
Head, post-mortem examination of, 361
wounds of, 557
Heart, in strangulation, 719
post-mortem examination of, 366
rupture of, 578
wounds of, 575
Heat, effects of extreme, 635
Hemorrhage, 483, 497, 716
Hypostases, 443, 716
internal, 444
Identification, 383
by flash of gunpowder, 619
from congenital peculiarities, 403
deformities, 403, 430
entire skeleton, 392
imprints, 427
injuries, 403
scars, 419
stigmata, 426
tattooings, 421
teeth, 401
in death from submersion, 802
of burnt remains, 389
human bones, 390
mutilated remains, 408
recently dead, entire cadaver, 415
surface signs for, 419
Imprints, 427, 542
Incised wounds, see Wounds
Infants, liability of, for medical services, 37
Information, duty of patient as to (see Physician and Patient), 33
Injuries, coagulation of blood in, 488
fatal, acts performed after, 493
identification from, 403
medical inspection of, 101
of abdominal walls, 580
viscera, 580
spinal cord, 571
spine, 571
slight, death from, 507
whether ante- or post-mortem, 482
Inquest, see Coroners
Insane persons, liability of, for medical services, 39
Insolation, 636
Insulation of electrical conductors, 667
Intestines, post-mortem examination of, 371
wounds of, 586
Kidneys, post-mortem examination of, 370
rupture of, 584
wounds of, 584
Larynx, in death from hanging, 754
strangulation, 718
post-mortem examination of, 369
License (see Practice of Medicine and Surgery), 7
(or diploma), how proved in court, 20
licensed physician presumed competent as an expert witness, 58
licensed practitioner, pretending to be, when not a misdemeanor, 22
statutes requiring, constitutional, 7
suits cannot be maintained by persons without, 18
unlicensed practitioner not presumed competent as expert witness, 62
when may be compelled by courts, 14
when presumed, 19
Lightning, 690
burns from, 694
contusions by, 695
effects on internal organs, 702
loss of consciousness from, 696
memory from, 696
paralysis from, 697
pathology of, stroke of, 700
staining of skin by, 696
symptoms produced by, 693, 696
wounds by, 695
Liver, post-mortem examination of, 375
rupture of, 582, 808
wounds of, 582
Lungs, in death from strangulation, 719
submersion, 805
post-mortem examination of, 368
wounds of, 575
Lymphorrhagia, 470
Malpractice, 73-87
abortion is, 74
civil cases concerning, 80
contributory negligence in, 87
criminal cases concerning, 73
damages for, 83
definition of, 73
degree of care and skill in, 80
evidence in, 84
inspection before trial in, 85
partners liable for, 84
Mannlicher rifle, effects of, 619
Marks of powder, 608
Married women, liability of, for medical services, 37
Master, liability of, for services rendered servant, 39
Massage, not practising medicine or surgery, 28
Medical examiners, see Coroners
contract of coroner with, binds county to payment of reasonable compensation, 336
coroners may employ, 335
In Massachusetts:
cannot hold autopsy unless authorized, 338
cannot hold an inquest, 338
in place of coroners, 338
Medical societies, by-laws of, 15
fee bill, 22
Medicine and surgery, see Physician and Patient; and Practice of Medicine and Surgery
Muscular contraction, from electrical current, 677
Mutilated remains, identification of, 408
Nails, identification from, 406
Neck, contusions of, 570
wounds of, 569
Œsophagus, post-mortem examination of, 369
Overlying, 774
Pancreas, post-mortem examination of, 375
Patient, rights of, concerning confidential communications, 96
Physician, action for professional services, 133
his books containing confidential entries, 110
his rights and duties concerning confidential communications, 132
receiver not entitled to his books of account, 110
what is a professional capacity? 123
Physician and patient,
contracts between, compensation for services, 37
conditional and unconditional, 34
consulting physicians, 44
duties of patient, 29, 30
physician, 28
employment, how terminated, 26, 28, 30
may be declined, 24
estates of deceased persons, when liable for, 43
express or implied, 26
express, 27
implied, elements of, 28
infants, liability of, 43
insane persons, when liable, 45
married women, generally not liable, 43
masters, liable for services rendered servants, 45
measure of recovery for, 45
patient presumed liable, 37
person calling in physician not presumed liable, 36, 41
physicians treating each other, when they may recover, 47
railway company, when liable for, in case of accident, 42
railway physicians, authority of, 42
relation of physician and patient, 119
compensation for services, right to sue for in United States, 26
how lost, 19
students’ services, 44
skill and care required of (see Malpractice), 28, 31, 32, 33
schools of medicine not recognized by courts, 15
standard of school professed must be attained, 31
stranger may not be called in without patient’s consent, 29
Pithing, 572
Poisoning, 597
Position of victim, 541, 546
Post-mortem appearances, in death from burns, 647
cold, 634
hanging, 746
starvation, 822
strangulation, 713
submersion, 801, 804
sunstroke, 638
Post-mortem changes, 441
ecchymoses, 443, 485
hypostasis, 443
lividity, 443
rigidity, 442, 453
Post-mortem examinations (see Autopsies, Coroners), 354
when and ow made by coroner, 337
Post-mortem wounds, 355
Powder-marks, 608, 612
Practice of medicine and surgery (see Physician and Patient), 7-25
acquirement of right, regulated by statutes, 7
constitutionality of, statutes regulating, 8
criminal cases, proof of, 19, 22
license for, may be compelled, 14
how proved, 20
medical societies and by-laws of, 14
fee bills, 15
massage not, 22
patent medicines, 14
statutory regulations concerning, in:
Alabama, 137
Arizona, 139
Arkansas, 140
California, 141
Colorado, 144
Connecticut, 145
Delaware, 148
Dist. of Columbia, 149
Florida, 150
Georgia, 151
Idaho, 152
Illinois, 153
Indiana, 155
Iowa, 157
Kansas, 160
Kentucky, 160
Louisiana, 162
Maine, 164
Maryland, 165
Massachusetts, 167
Michigan, 167
Minnesota, 168
Mississippi, 169
Missouri, 171
Montana, 173
Nebraska, 175
Nevada, 177
New Jersey, 178
New Hampshire, 181
New Mexico, 181
New York, 183
North Carolina, 189
North Dakota, 191
Ohio, 193
Oklahoma, 193
Oregon, 194
Pennsylvania, 197
Rhode Island, 203
South Carolina, 203
South Dakota, 204
Tennessee, 205
Texas, 207
Utah, 209
Vermont, 211
Virginia, 212
Washington, 215
West Virginia, 219
Wisconsin, 222
Wyoming, 223
Great Britain, 224
Scotland, 224
England, 224
Ireland, 224
Brit. Columbia, 238
Manitoba, 242
N. Brunswick, 248
Newfoundland, 255
N. W. Terr., 258
Nova Scotia, 262
Ontario, 268
Prince Edw. Is., 278
Quebec, 284
Privileged communications, 91
cause of death, 111
communications to physician not privileged at common law, 91
“confidential communications,” 115, 118
between physician and patient, when privileged, 94
dependent upon professional capacity, 98
effect of excluding privileged evidence, 130
evidence admitted not to be commented on, 111
in criminal actions, 101
in lunacy proceedings, 103
of abortion, 102
of adultery, 102
of crime in civil actions, 101
of criminal intimacy, 102
of habitual drunkenness, 103
of value of physician’s services, 133
to establish privilege, 106
function of the court, 128
ground of privilege, 91
harmless admission no ground for exception, 111
how evidence of physician taken in New York, 97
how privilege established, 131
in actions for divorce, 102
in criminal actions, 101
“information,” 97, 115
“matters confided,” 99
“matter committed,” 97, 118
“matter necessary to enable a physician to prescribe or a surgeon to act,” 124
mental condition of patient, 103
necessity, 98
objections to evidence, 109
when made, 110
objection once made need not be repeated, 111
partner of physician, as privileged witness, 122
patient’s ignorance immaterial, 110
rights concerning confidential communications, 96
physician defined, 105
“duly authorized,” 105
as witness to establish privilege, 131
physician’s advice, 98
books, 110
cannot refuse to disclose when patient waives privilege, 99
knowledge, 98
presumption from failure to give privileged evidence, 130
privilege is patient’s, not physician’s, 107
“professional capacity,” 123
purpose of statutes prohibiting disclosures, 96
relation of physician and patient, 119, 122
result of legislation, 134
rights and duties of physician, 132
statutory privileges concerning confidential communications, 93
statutory privileges for waiver of privilege, 96
surgeon defined, 105
testamentary causes, 103
waiver after death of patient, in New York, 98
waiver of privilege after patient’s death, 108
by application for insurance, 111
by proof of death to insurance company, 111
by contract, 112
by infant, 108
by patient’s attorney, 107
by representative of deceased patient, 103
by requesting physician to witness will, 113
certificate of death, 115
effect of, 107, 110
infant’s, 113
taking physician’s deposition, 112
testimony of patient, 111
what constitutes, 111
what evidence is excluded, 97
what is privileged, 115
when patient may be contradicted by physician, 112
who may waive, 106
whose testimony is privileged, 105
witness, 97
Projectile, course of, 615
evidence from, 600
Punctured wounds, see Wounds
Putrefaction, 445, 453
circumstances favoring, 447
retarding, 448
of immersed bodies, 450, 810
Pyæmia, 511
Race, determination of, from hair, 393
skeleton, 393
Railway companies, when liable for medical services, 41
Railway physicians, authority as to employing nurses, 42
Reports, medico-legal, 381
Resistance, electrical, 673
Respiration, suspended, 439
Ribs, fracture of, 574
Rifle, Mannlicher, 619
Rigor mortis, 442, 453, 701
Rupture of abdominal organs, 582
bladder, 585
gall-bladder, 584
of heart, 578
internal organs, 553
kidneys, 584
liver, 582, 808
spleen, 584
stomach, 586
Saponification, 451
Scalds, 639
Scars, in relation to identity, 419
Schools of medicine not recognized by courts, 15
Septicæmia, 510
Sex, determination of, 400
Sharks, bites of, 808
Shock, 499
Shot-guns, wounds by, 607
Signs of death, 440
Skin, marks on, 419
Skull, fracture of, 559
measurements of, 394
Small shot, wounds by, 617
Smothering, 774
Spinal cord, concussion of, 573
post-mortem examination of, 377
wounds of, 571
Spine, dislocation of, 572
fracture of, 571
wounds of, 571
Spleen, post-mortem examination of, 371
rupture of, 584
wounds of, 584
Spontaneous combustion, 647
Stabs, 463
Stains, could assailant have escaped without? 538
Starvation, acute, 817
chronic, 818
death from, 813
diseases produced by, 824
or disease, which was cause of death? 823
period of death from, 820
post-mortem appearances in, 822
whether accompanied by other ill-treatment, 822
Stature, determination of, 398
Sternum, fracture of, 574
Stigmata, 426
Stomach, post-mortem examination of, 373
rupture of, 586
wounds of, 586
Strangulation, 707, 708
accidental, 724
cases of, 734
cases of, 726
external appearances due to, 713
homicidal, 725
cases of, 726
internal appearances due to, 727
post-mortem appearances, 713
proof of death by, 721
simulated, 725
stages of, 710
suicidal, 724
cases of, 732
symptoms of, 708
treatment of, 712
Struggle, signs of, 536
Submersion, 793
asphyxia by, 796
cadaveric signs in death by, 804
circumstances modifying time of, 810
definition of, 796
mode of death by, 797
post-mortem appearances, 801
stages and symptoms of death by, 798
treatment of apparently drowned, 802
whether accidental, suicidal, or homicidal, 807
Suffocation, 707, 774
accidental, 785
cases of, 787
by submersion, 796
cases of, 787
external causes of, 774
homicidal, 785
cases of, 790
internal causes of, 775
mechanical, 705
post-mortem appearances, 781
proof of death by, 784
suicidal, 785
cases of, 790
symptoms of, 777
treatment, 779
Sunstroke, 636
Surgeon, definition of term, 56
duties of, see Physician and Patient
Surgical operations, death from, 515
Survival, 556
Syncope, 796, 799
Tattooing, 421
Teeth, determination of identity from, 401
Temperature of body, 629
of dead body, 441, 453
Tetanus, 513
Thorax, post-mortem examination of, 365
wounds of, 573
Time of death, 437
how determined, 452
Veins, air in, 579
wounds of, 578
Weapons, 353, 524
evidence from, 600
as to origin of wounds, 533, 549
examination of, 612
presence of blood and hair on, 535
was it fired from a distance or near? 612
Witness, see Expert Witness; Privileged Communications
physician as expert and ordinary witness, 50
when must testify as, 60
Wounds, 358, 457
as directly cause of death, 497
as secondary cause of death, 509
by what instrument made? 517, 524
cause of death from, 496, 497
coagulation of blood in, 488
consequences of non-fatal, 556
contused, 467, 470, 523
death from, after long periods, 508
definitions of, 459
description of, 482
direction of, 529
eversion of lips of, 489
evidence from weapon, 533, 549, 600
examination of, 476
from crushing, 553
falling, 549
lightning, 695
gunshot, 593
by blank charges, 617
by shot-guns, 607
gunshot, by small shot, 617
complications of, 624
course of projectile, 615
death from surgical operations in, 624
description of, 594
dimensions of perforations, 609
direction of, 599
examination of, 594
of body in, 610
of entrance, 614
of exit, 614
situation of, 598
treatment of, 620
imputed, 544
incised, 460, 517, 557
diagnosis of, 462
kinds of, 459
lacerated, 471, 523
mortal, 460
nature of, 548
number and extent of, 531
of abdominal viscera, 580
walls, 580
arteries and veins, 578
bladder, 585
brain, 569
diaphragm, 579
extremities, 589
face, 569
gall-bladder, 584
genital organs, 588
head, 557, 558
heart, 575
intestines, 586
kidneys, 584
liver, 582
lungs, 575
neck, 569
spinal cord, 571
spine, 571
spleen, 584
stomach, 586
thoracic viscera, 573
thorax, 573
throat, incised, 526
origin of, evidence from weapons, 533, 549
punctured, 463, 518, 557
regionally considered, 557
retraction of sides of, 490
severe, 460
situation and position of, 527, 548
slight, 460
whether accidental, 547
ante-mortem or post-mortem, 482
necessarily the cause of death, 500
self-inflicted or by another, 525, 544, 548
which of several was first inflicted? 544
two was cause of death? 500