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not physician within statute as to privileged communications, 568.

as to practice of medicine in general, see PHYSICIANS AND SURGEONS; PRAC-
TICE OF MEDICINE AND SURGERY.

DENTISTRY. See DENTIST; PHYSICIANS AND SURGEONS; PRACTICE OF MEDICINE
AND SURGERY.

DIABETES,

causing suppression of menses, 3.

sterility in woman, 162h.

impotence, 169.

sudden death, 388.

result of injury, 233, 267.

DIAPHRAGM,

decomposition, 426.

wounds of, see WOUNDS.

DIGESTION,

disturbance by nervous shock, 235a.

state of process of, as showing time of wound, 245.

DIPHTHERIA,

result of infection of wound, 227.

DIPLOMA,

as license to practise, 440.

genuineness of, question for medical examiners, 440.

from medical school shows prima facie right to practise, 460.
effect on right to fees of failure to register, 486.

non possession of, not provable in action for malpractice, 516.
possession of, to qualify witness as expert, 545.

DISEASES,

See SCHOOLS.

validity of statute forbidding treatment of, except by physician, 434.
physicians required to report contagious diseases, 497.

what constitutes, within insurance policy, see INSURANCE.

DIVORCE,

physical examination in actions for. 565.

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EVIDENCE,

(References are to sections.)

of pregnancy. See PREGNANCY.

of age of fetus, 64.

abortion; signs of, 89-90a.

admissibility of results of examination, 525.
evidence as to instruments used, 525.

expert evidence, see EXPERT TESTIMONY.

of death in utero, 95, 96.

of live birth, see BIRTH.

as to duration of child's life, 109-113.

of time since child's death, 138-140.

rape, medical evidence of, see RAPE.

expert evidence, see EXPERT TESTIMONY.

signs of death, see DEATH.

as to appearance of body after death, see DEAD BODY.
identification of body, see IDENTIFICATION.

of blood stains, see BLOOD.

competency and sufficiency in actions to recover for medical services, 492.

in actions for malpractice, 460, 516, 517..

competency; general reputation for skill, 516.

skill provable by others in same profession, 516.

possession of license, 516.

professional character of assistants, 516.

no effort to recover fees, 516.

actual condition and probable causes, 516.

subsequent medical treatment, 516.

consultations at time of improper treatment, 516.

acts and condition of physician as part of res gestæ, 516.

nature of medicine given, 516.

exclamations indicative of pain, 516.

sufficiency; liability cannot be based on nonexpert testimony, 517.
failure to cure, 517.

failure to discover fracture, 517.

improvement under another's care, 517.

change of treatment, 517.

that physician engaged in other pursuits, 517.

use of crude instruments, 517.

evidence of lack of skill sufficient to take case to jury, 517.

crookedness and stiffness of member after healing, 517.

expert evidence, see EXPERT TESTIMONY.

medical books, 559–563.

general rule as to admissibility, 559.

contrary rule, 560.

opinions founded on books, 561.

use of books in examining witnesses, 502.

use of books in argument, 563.

See BURDEN OF PROOF; EXPERT TESTIMONY; WITNESSES.

EXAMINATIONS.

See PHYSICAL EXAMINATION; PRACTICE OF MEDICINE AND

SURGERY.

EXCISE LAWS,

(References are to sections.)

violations by physicians, 461.

See STATUTES.

EXECUTOR AND ADMINISTRATOR,

waiver of privileged communications for decedent, 576.
EXPERIMENTS,

on patients, by physicians, 474.

EXPERT TESTIMONY,

qualifications of expert, 545.

basis of opinion, 546.

use of medical books, see EVIDENCE.

certainty, 547.

subject-matter of medical expert evidence, in general, 548.

apparent condition, 549.

causes of existing condition, 550.

causes of death, 551.

future effect of injury or disease, 552.

character and effect of, and inferences from, wounds, 553.

proof as to blood stains, 293-297, 539, 554.

proof as to poisoning, 555.

question of sham injury or disease, 556.

question of weight and effect, 557.

in actions for malpractice; conviction on nonexpert evidence, 517.
opinion whether proper care was used, 518.

as to what treatment skilled physician would use, 518.

how treatment used differs from that witness would use, 518.

as to whether evidence of malpractice present, 518.

as to measure of physician's responsibility to patient, 518.

as to whether treatment proper or improper, 518.

as to abortion, who are qualified witnesses, 525.

opinion as to character of instruments used, 525.

opinion as to cause of death, 525.

opinion as to tendency of miscarriage, 525.

on question of possibility of performance by woman of act to cause her
miscarriage, 525.

opinion as to necessity, 526.

as to identification of body, 539.

as to changes produced by death, 539.

effect of water upon skin, 539.

apparent age of fracture, 539.

whether skeleton male or female, 539.

as to survivorship, 540.

as to rape; time of examination, 542.

whether man could ravish well-developed woman, 543.

whether rape could be committed in manner described, 543.

opinion as to age of prosecutrix, 543.

description of conditions of female and producing causes, 543.

whether accusations result of hallucination, 543.

as to how long evidence of crime may be detected from clothing, 543.

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