  ———— 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 Arteries, wounds of, 578 Asphyxia, 708 external appearances due to, 715 internal appearances due to, 718 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 by acids, 641 burning oil, 640 corrosives, 641 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 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 Contusions, 358, 467, 470, 523 by lightning, 695 of abdomen, 580 of head, 558 of neck, 570 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 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 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 suffocation, proof of, 784 signs of, 440 time of, 437 Deformities, identity from, 403 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 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 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 by gunshot wounds, 610 of ribs, 574 skull, 559 spine, 571 spontaneous, 474 Gall-bladder, wounds and rupture of, 584 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 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 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 internal, 444 Identification, 383 by flash of gunpowder, 619 from congenital peculiarities, 403 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 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 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 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 contracts between, compensation for services, 37 conditional and unconditional, 34 consulting physicians, 44 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 cold, 634 hanging, 746 starvation, 822 strangulation, 713 sunstroke, 638 Post-mortem changes, 441 hypostasis, 443 lividity, 443 when and ow made by coroner, 337 Post-mortem wounds, 355 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 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 “matters confided,” 99 “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 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 circumstances favoring, 447 retarding, 448 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 Rupture of abdominal organs, 582 bladder, 585 gall-bladder, 584 of heart, 578 internal organs, 553 kidneys, 584 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 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 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 Tattooing, 421 Teeth, determination of identity from, 401 Temperature of body, 629 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 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 as directly cause of death, 497 as secondary cause of death, 509 by what instrument made? 517, 524 coagulation of blood in, 488 consequences of non-fatal, 556 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 diagnosis of, 462 kinds of, 459 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 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 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 |
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