A manual of medical jurisprudence : compiled from the best medical and legal works: being an analysis of a course of lectures on forensic medicine, annually delivered in London / By Michael Ryan.

  • Ryan, Michael, 1800-1840.
Date:
1832
Catalogue details

Licence: Public Domain Mark

Credit: A manual of medical jurisprudence : compiled from the best medical and legal works: being an analysis of a course of lectures on forensic medicine, annually delivered in London / By Michael Ryan. Source: Wellcome Collection.

Provider: This material has been provided by the Harvey Cushing/John Hay Whitney Medical Library at Yale University, through the Medical Heritage Library. The original may be consulted at the Harvey Cushing/John Hay Whitney Medical Library at Yale University.

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    crecy, although they are all obliged to bow to the supremacy of the law.* Beboe observes. Les tribunaux ne doivent, ne ne pouvent exiger d'un medicin, qu'il revele un secret qui eui aura confie relativement a son etat. En tout cas, le medi- cin peut et doit meme s'y refuser. La religion, la probite, le droit des gens lui en font un loi. Dr. Smith fully agrees with this author and addresses some strong proofs and able reasoning in support of his opinion. Society is aware of our moral and professional obligations to secrecy, and under a belief in the force and inviolability of these obligations, we become the de- positories of secrets, which otherwise would never have been revealed. In a moral point of view, this forcing the breach of private confidence, must be productive of the most injurious and mischievous consequences, for from the public nature of the proceedings of our tribunals, any circumstance there di- vulged, becomes as notorious and well known to the commu- nity at large, as if it were placarded at the corners of the streets. The injury inflicted, it is true, does not affect either life or property, but the violation of private delicacy and re- putation, that it occasions, is oftentimes of equal consequence. It must be evident to medical men, that in the case of females particularly, we may be, and not unfrequently are, called upon to reveal circumstances, and circumstances too, having but a remote or insignificant bearing on the question at issue, of which this public promulgation is worse than any punishment that could be inflicted. Dr. Gregory observes secrecy is particularly requisite where women are concerned; inde- pendently of the peculiar tenderness with which a woman's character should be treated, there are certain circumstances * The reason of this exception may be thus explained. All confessions and declarations made to Physicians, clergymen, and others, are themselves perfectly gratuitous and disconnected with the immmediate exercise of their duties, but the admissions and statements given to counsel by the client, being for his instruc- tion, and without which he could not possibly understand the case or advise the client, are ex necesitate rei held sacred. The privilege is not that of the coun- sel, but of the client whom he immediately represents. A counsel or solicitor may be required to give evidence of any thing which he knew before his retainer, for the circumstance of his being retained cannc. affect the knowledge of facts which had previously come under his knowledge 4 Term Repts, 752.—10 Modern Rept. 40. A person retained to conduct a cause may be examined as to any collateral fact, not in its nature strictly private. Hawkins Book 2, chap 46, Sec. 89. S S