5 Am. L. Rev 704 (1870-1871)
Book Notices

handle is hein.journals/amlr5 and id is 714 raw text is: BOOK NOTICES.

A Medico-Legal Treatise on .Malpractice and Mlledical Evidence, comprising the
Elements of Medical Jurisprudence. By JohN J. ELWVELL, M.D., member of
the Cleveland bar; one of the editors of new edition of Bouvier's Law Dic-
tionary; Professor in Ohio State and Union Law College, and Western Reserve
Medical College, &., &c. Third Edition, revised and enlarged. New York:
Baker, Voorhis, & Company. 1871.
A Treatise on the Medical Jurisprudence of Insanity. By I. RAY, M.D. Fifth
Edition, with additions. Boston: Littlb, Browfi, & Company. 1871.
MR. ELWELL, in the introduction to his work, says:  Frequent, important, and
troublesome as are the cases of alleged malpractice by medical men, there is yet
no work treating upon the subject; and medical and legal inquiries after informa-
tion upon the question are obliged to seek it in the vast range of elementary
works upon medicine and law, and in the unlimited field of reports, constituting
the larger part of every lawyer's library. The author trusts that in the first part
of this work he has supplied this desideratum, - at least, to a considerable
The first two hundred and sixty pages of the book are accordingly devoted to
the subject of malpractice. Chapter 1. treats of the  General principles of law
applicable to medical men. It is probably intended particularly for the instruc-
tion of medical men and not of lawyers, as the principles of law are not clearly
stated, and as the cases cited are cited without method or selection. A lawyer in
need of such information can get more and better. from a section of  Story on
Bailments, than he can from this entire chapter. Chapters II. and Ill. aie
designed more particularly for the legal profession. Their truth is well under-
stood by all intelligent medical men. The second is upon  The inherent cla-
mentary difficulties connected with the practice of medicine and surgery;  and the
third is upon  What definite knowledge is possible and essential for the physician
and surgeon. They point out to the attorney that by bringing unfounded
actions for malpractice he renders the profession of surgery a dangerous one, and
hinders competent physicians from undertaking surgical operations in time of
need, through fear that if the result of such an operation be unsatisfactory to the
patient, the physician will be subjected to a groundless action. There is truth in
this. We have known a couple of pettifogging actions for alleged malpractice to
have the effect of rendering every respectable physician in the county rightfully
averse to undertake any surgical operation outside the families he regularly
Our author then treats of malpractice from amputation, and of malprac-
tice in fractures and dislocations. He gives A digest of Professor F. H. Hamil-
ton's reports of cases of defbrmities after fractures, which we advise every
attorney to read before commencing an action against a surgeon for malpractice.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?