The Medical Expert and the Legal Examiner. Often men have been convicted and hanged upon the testimony of incompetent experts and upon medical opinions based upon a theory accepted at the time, but which has afterwards been demonstrated to be un founded and has been repudiated by the profession. It is estimated by high authority that the railroad companies of England and the United States were robbed of a hundred million dollars, recovered in negligent injury cases based upon Erichsen's theory of traumatic cercbro-spinal concussion, within twenty-five years after that theory was pub lished; yet Erichsen himself, after a more exhaustive investigation, modified and re jected much of his own theory long before his death; and subsequent authorities the world over, including Charcot, Oppenheim, Page, Dana, Outten and the leading neurolo gists of to-day, reject that theory and as sign hysteria, mental suggestion, anxieties of litigation, pecuniary greed and other causes, instead of the traumatism of Erichsen. He rean erroneous theory was utilized by avaricious claimants, unsuspecting lawyers and deluded doctors, and millions upon millions of dollars were recovered for injur ies caused not by the accident, not by trau matism, not by the defendants in the suits, but by the elaimant himself and those around him. Can a more stupendous fraud upon justice be conceived? Should not the medi cal expert be learned, cautious and conser vative in giving opinions based merely upon a theory? Do not common safety and eter nal justice demand that such opinions be tested by a rigid cross-examination? The practicing physician and surgeon, in emergency cases, is compelled to act promptly, without opportunity for reflection or research; but before he testifies as an expert, he should investigate and reflect. Often the real cause for criticising the medi cal expert lies in his crude or defective pre liminary education. Should any one, then, be allowed to undertake the study of medi cine or law until he has become a trained
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student and has acquired a ready mental agility and a capacity to comprehend abstract principles, and logically to apply them to concrete cases? Should he not be skilled in analysis and in synthesis, and be accus tomed to investigate and think for himself? The foundation for a professional education should be laid broad and deep. Professional learning cannot, like wealth, be inherited, but must be acquired by individual study and reflection. " No one is born an artificer." Nemo naseitur artifex. As well might one attempt to fatten a flouring mill by running wheat through it, as to attempt to educate a doctor or a lawyer by his simply reading professional books and listening to profes sional lectures. The student of law or medi cine must not only read, listen and observe, but, if he is to become a successful practi tioner, or a master, he must possess the nat ural abilities, and must also think, digest, assimilate, and make the lessons a part of his own professional mind. One cannot cram, and safely or successfully utilize the doctrines of the authorities unless he thor oughly comprehends them. Galen says, "The best physician is also a philosopher." Let the importance and the necessity of thinking, as a factor of professional educa tion, be repeated and emphasized! " Read, mark, learn, and inwardly digest," enjoins the Litany. The time has been when any one who was able to read and write could enter medical college or law school, but that day is now past forever. The two professions in the future will have better preliminary discipline, better educational facilities, and better professional learning than they now possess. Formerly little attention was given to medical jurisprudence in the professional schools, but now, the leading schools of both professions furnish facilities and require thorough work in this branch of erudition. In the large universities, the disciples of Galen and the disciples of Blackstone to gether pursue the same course in part,
