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MEDICAL WRITINGS

Reviews: Doctors and the Law: Medical Jurisprudence in Nineteenth-Century America

15 February 1997 | Volume 126 Issue 4 | Page 336


Mohr JC. 319 pages. Baltimore: Johns Hopkins Univ Pr; 1993. $15.95. ISBN 0801853982. Order phone 800-537-5487.

Field of medicine: History of law and medicine.

Format: Softcover book.

Audience: Sociologists, historians, physicians, attorneys, and anyone who wants to understand litigation in which physicians play a role.

Purpose: To trace the historical development of medical jurisprudence in the United States from colonial times through the 19th century and to provide a perspective on the current interplay between law and medicine.

Content: Originally published in hardcover in 1993, this recently issued paperback profiles the interactions of physicians with the legal system in the previous century. It provides a well-documented, dynamic account of "where we've been" and "why we are here" in the field of medical jurisprudence. The book admirably documents how medical jurisprudence in the 19th century became less idealistic and evolved as a discipline. The author traces the increasing tensions between the medical and legal professions that eventually caused the decline of medical jurisprudence as an academic discipline.

Highlights: This book describes persons and themes that were important to the historical transformation of medical jurisprudence in the United States. The author recounts actual trials, which add to an understanding of the subject matter. The reader is offered a peek into "what might have been" had both professions engaged in a continuing dialogue toward a system that revered truth and garnered cooperation.

Limitations: The thorough footnotes would be more useful if they were not organized by chapter.

Context: This book provides an important perspective on why court proceedings often involve expert witnesses. The author traces how medical professionals have come to testify on both sides of a case.

Reviewer: Steven L. Ruddick, JD, University of Kansas Medical Center, Kansas City, Kansas.

Commentary: One of the author's most poignant observations is that by the end of the 19th century, "... a shift in medical perspective had taken place; interaction with the nation's legal processes, once viewed as a civic opportunity, was now something the profession needed to be forewarned about." The author is silent about blame and leaves it to the reader to discern causes.





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