W. G. Aitchison Robertson

“ If a druggist knows that a drug in a prescription is to be used for an improper purpose, he may refuse to dispense it. The practitioner who carelessly prescribes a drug in a poisonous dose is not held responsible, but the dispenser would be if he dispensed it and harmful or fatal consequences followed on its being swallowed. When a dispenser finds an error in a prescription, it is his duty to communicate with the prescriber privately pointing out the mistake.
A great responsibility rests on the medical man who does his own dispensing, as there is no one to check his work. ”

“ To constitute 'live birth,' the child must have been alive after its body was entirely born—that is, entirely outside the maternal passages—and it must have had an independent circulation, though this does not imply the severance of the umbilical cord. Every child is held in law to be born dead until it has been shown to have been born alive. Killing a child in the act of birth and before it is fully born is not infanticide, but if before birth injuries are inflicted which result in death after birth, it is murder. Medical evidence will be called to show that the child was born alive. ”

“ Wounds on the back of the body are not usually self-inflicted, but a suicide may elect to blow off the back of his head. A wound in the back may be met with in a sportsman who indulges in the careless habit of dragging a loaded gun after him. If a revolver is found tightly grasped in the hand it is probably a case of suicide, whilst if it lies lightly in the hand it may be suicide or homicide. If no weapon is found near the body, it is not conclusive proof that it is not suicide, for it may have been thrown into a river or pond, or to some distance and picked up by a passer-by. ”

“ A wound may be defined as a 'breach of continuity in the structures of the body, whether external or internal, suddenly occasioned by mechanical violence.' The law does not define 'a wound,' but the true skin must be broken. Wounds are dangerous from shock, hæmorrhage, from the supervention of crysipelas or pyæmia, and from malum regimen on the part of the patient or surgeon. Is the wound dangerous to life? ”

“ If, however, it be found only in substances rejected or voided from the body, the evidence is not so conclusive, as it may be contended that the poison was introduced into or formed in the material examined after its rejection from the body, or if the quantity be very minute it will be argued that it is not sufficient to cause death. A poison may not be detected in the body, owing to defective methods, smallness of the dose required to cause death, or to its ejection by vomiting or its elimination by the excretions. ”

“ If a doctor prescribes a drug with the intention of curing or preventing a disease, but that, contrary to expectation and general experience, it causes illness or even death, no responsibility can rest with the prescriber. It has to be proved that actual injury has been sustained by the complainant before an action for damages can be commenced, and that the plaintiff was free from all contributory negligence. ”

“ It is not uncommon for individuals summoned on a jury, or to give evidence in the law courts, to apply to their doctor for a certificate, assigning as a cause of exemption neuralgia, or some similar complaint unattended with objective symptoms. In such cases it is well to remind the patient that in most courts such certificates are received with suspicion, and are often rejected, and that the personal attendance of the medical man is required to endorse his certificate on oath.
Malingering has become much more common since the National Health Insurance Act has been passed. ”

“ It is a misdemeanour to administer any poison, or destructive or noxious thing, merely to aggrieve, injure, or annoy an individual. For a working definition we may state that a poison is a substance which, when introduced into or applied to the body, is capable of injuring health or destroying life. A poison may therefore be swallowed, applied to the skin, injected into the tissues, or introduced into any orifice of the body. ”

“ Though the law does not define in definite terms what a poison really is, it lays stress on the malicious intention in giving a drug or other substance to an individual. It is a felony to administer, or cause to be administered, any poison or other destructive thing with intent to murder, or with the intention of stupefying or overpowering an individual so that any indictable offence may be committed. ”

“ An expert witness when giving evidence may refer to notes for the purpose of refreshing his memory, but only if the notes were taken by him at the time when the observations were made, or as soon after as practicable. ”

“ Partial Intellectual Mania, or Monomania, also called Melancholia, is a form of the disease in which the patient becomes possessed of some single notion, contradictory alike to common-sense and his own experience. ”

“ Chronic lead-poisoning is an 'industrial disease,' and, being an occupation risk, its victims are entitled to compensation at the hands of their employers. In case of death, compensation has been awarded even when at the autopsy the patient has been found to have suffered from acute tuberculosis of the lungs. The responsibility of apportioning the monetary value of disablement resulting from the action of the lead rests with a judge or jury, who are guided by the expert medical evidence available. ”

“ It has been ruled that a crime committed during drunkenness is as much a crime as if committed during sobriety. A person is supposed to know the effect of drink, and if he takes away his senses by drink it is no excuse. He is held answerable both for being under the influence of alcohol or of any other drug, and for the acts such influence induces. ”

“ All evidence is made up of testimony, but all testimony is not evidence. The witness [10] must not introduce hearsay testimony. In one case only is hearsay evidence admissible, and that is in the case of a dying declaration. This is a statement made by a dying person as to how his injuries were inflicted. These declarations are accepted because the law presumes that a dying man is anxious to speak the truth. But the person must believe that he is actually on the point of death, with absolutely no hope of recovery. ”

“ Legal cruelty is a very comprehensive term, and does not of necessity mean physical violence. If the husband as the result of his infidelity were to give his wife a contagious disease, that would constitute cruelty. Taking a more extreme case, if a husband were to have connection in her house with his wife's maid, that would probably be held to constitute cruelty, as it would tend to lower her in the eyes of her servants. ”

“ Every medical man, before presenting himself to give evidence in a case of suspected poisoning, should make himself thoroughly acquainted with recent researches on the subject. Ptomaines are, for the most part, alkaloids generated during the process of putrefaction, and they closely resemble many of the vegetable alkaloids—veratrine, morphine, and codeine, for example—not only in chemical characters, but in physiological properties. They are probably allied to neurine, an alkaloid obtained from the brain and also from the bile. ”

“ To save the patient's life, and to place himself in a position to give evidence if called on to do so. If life is extinct, his duty is a simple one. He should make inquiries as to symptoms, and time at which food or medicine was last taken. He should take possession of any food, medicine, vomited matter, urine, or fæces, in the room, and should seal them up in clean vessels for examination. He should notice the position and temperature of the body, the condition of rigor mortis, marks of violence, appearance of lips and mouth. ”

“ There is a mode of inheritance called 'tenancy by courtesy.' When a man marries a woman possessed of an estate or inheritance, and has, by her, issue born alive in her lifetime capable of inheriting her estate, in this case he shall, on the death of his wife, hold the lands for his life as tenant by the courtesy of England. The meaning of the words 'born alive' in this instance is not the same as in cases of infanticide. ”

“ A crime is the voluntary act of a person of sound mind harmful to others and also unjust. No act is a crime unless it is plainly forbidden by law. To constitute a crime, two circumstances are necessary to be proved— (a) that the act has been committed, (b) that a guilty mind or malice was present. ”

“ The Acts and rulings relating to Marriage and Legitimacy are extremely complicated. It is not putting it too strongly to say that a very large number of people in this country who believe themselves to be legally married are not married at all, and that thousands of children who have not the slightest doubt as to their legitimacy are in the eyes of the law bastards. ”

“ It is difficult, if not impossible, to give any certain or positive opinion as to the age of a scar; recent scars are pink in colour; old scars are white and glistening. The cicatrix resulting from a wound depends upon its situation. Of incised wounds an elliptical cicatrix is typical, linear being chiefly found between the fingers and toes. By way of disguise the hair may be dyed black with lead acetate or nitrate of silver; detected by allowing the hair to grow, or by steeping some of it in dilute nitric acid, and testing with iodide of potassium for lead, and hydrochloric acid for silver. ”

“ The human blood-corpuscle is a non-nucleated, biconcave disc, having a diameter of about 1/3500 of an inch. All mammalian red corpuscles have the same shape, except those of the camel, which are oval. The corpuscles of birds, fishes, reptiles, and amphibians, are oval and nucleated. The corpuscles of most mammals are smaller than those of man, but the size of a corpuscle is affected by various circumstances, such as drying or moisture, so that the medical witness is rarely justified in going farther than stating whether the stain is that of the blood of a mammal or not. ”

“ The contents of all gunshot wounds should be preserved, as they may be useful in evidence. A pocket revolver, as a rule, leaves the bullet in the body.
Wounds inflicted by firearms may be due to accident, homicide, or suicide. Blackening of the wound, singeing of the hair, scorching of the skin and clothing, show that the weapon was fired at close quarters, whilst blackening of the hand points to suicide. Even when the weapon is fired quite close there may be no blackening of the skin, and the hand is not always blackened in cases of suicide. Smokeless powder does not blacken the skin. ”

“ Any medical man who gives even the most harmless medicine where he suspects the possibility of pregnancy may render himself liable to grave suspicion should the woman abort. [43]
In medicine, an abortion is said to occur when the fœtus is expelled before the sixth month; after that it is premature birth. In law, however, any expulsion of the contents of the uterus before the full time is an abortion or miscarriage. ”