CHAPTER V.

THE EXPERT WITNESS AND PROPRIETARY MEDICINES.

The "Great Nerve Specialist"--The Professional Witness a Jonah--The

"Railway Spine"--Is it Lack of Fairness and Honesty or Lack of Skill

and Learning?--Destruction of Fine Herds of Cattle Without

Compensation--Koch's Dictum and Denial--Koch's Tuberculin--The Serum

Tribe--Stupendous Sale of Nostrums--Druggist's Arguments--Use of

Proprietary Medicines Stimulates Sale of Nostrums.

I wonder what the patrons of the sanitarium of the "great nerve

specialist" thought of his display of knowledge of the nervous system when

he was on the witness stand in a recent notorious case? A lawyer tangled

him up completely, and showed that the doctor had no accurate knowledge of

the anatomy of the nervous system. When asked the origin of the

all-important pneumogastric nerve, he _thought_ it originated in a certain

segment of the spinal cord! This noted "specialist" was made perfectly

contemptible, and the whole profession must have blushed in shame at the

spectacle presented. And that spectacle was not unnoticed by the

intelligent laity.

The professional witness has in most cases been a Jonah to the profession.

It is about as easy to get the kind of testimony you want from a

professional witness in a suit for damages for personal injuries as it is

to get a doctor's certificate to get out of working your poll-tax, or a

certificate of physical soundness to carry fraternal life insurance.

Let me recall the substance of a paper read a few years ago by perhaps the

greatest lawyer in Iowa (afterward governor of that State). He told of a

trial in which he had examined and cross-examined ten physicians. It was a

trial in which suit was brought to recover damages for personal injury, a

good illustration of the "railway spine." One physician testified that the

patient was afflicted with sclerosis of the spinal cord; another said it

was a plain case of congestion of the cord; another diagnosed degeneration

of the cord; yet another said it was a true combination of all the

conditions named by the first three. They all said there was atrophy of

the muscles of the left leg, and predicted that complete paralysis would

surely supervene.

On the other side five noted physicians testified as positively that

neither the spinal cord nor any nerve was injured; that there was no sign

of atrophy or loss of power in the leg; and they seemed to think the

disease afflicting the patient was due to a fixed desire to secure a

verdict for large damages from the railway company. One eminent specialist

made oath that the electrical test showed the partial reaction of

degeneration; another as famous challenged him to make the test again in

the presence of both. After it was made this second specialist went before

the jury and positively declared that there was no trace whatever of the

reaction of degeneration, and that the muscles responded to the current

precisely as healthy muscles should.

Then this eminent attorney adds: "If the instances of such diversity were

rare they might pass unnoticed, but they occur and re-occur as often as

physicians are called to the temple of justice for the expression of

opinions."

The lay mind imputes this clash of opinions either to lack of fairness and

honesty or lack of skill and learning. In either case the profession

suffers great injury in the estimation of those who should have for it

only the profoundest admiration and the most implicit faith. Again I ask,

Is it any wonder people have lost implicit faith when they read many

reports of similar cases rehashed in the various yellow journals put into

their hands?

Farmers submitted with all possible grace to the decrees of science when,

by the authority of such a great man as Koch, their fine herds of cattle

were condemned as breeders and disseminators of the great white plague and

destroyed without compensation. But how do you think these same farmers

feel when they read in yellow journals that Koch has changed his mind

about bovine and human tuberculosis being identical, and has serious

doubts about the one contracting in any way the disease of the other.

People read with renewed hope the glowing accounts of the wonderful

achievements of Dr. Koch in finding a destroyer for the germ of

consumption. Somehow time has slipped by since that renowned discovery,

with consumption still claiming its victims, and many physicians are

saying "Koch's great discovery is proving only a great disappointment."

Drugless therapy journals are continually pouring out the vials of their

wrath upon vaccination, antitoxin and all the serum tribe, and their

vituperation is even excelled by vindictive denunciations of the same

things by the individual boomer journals that flood the land.

Another bitter contention that is confusing some, and disgusting others,

is the acrimonious strife between users and non-users of proprietary

medicines. This usually develops into a sort of "rough house" affair, the

druggist mixing up as savagely as the doctors before the fight is

finished. I know nothing of the rights or wrongs of the case nor of the

merits or demerits of proprietary medicines, but I do know this, however:

The stupendous sale of nostrums that in 1907 represented a sum of money

sufficient to have provided every practitioner of medicine in the United

States with a two thousand dollar salary, has been helped by the use of

proprietary medicines. I am aware that my position is likely to be called

in question by many physicians. But they should hear druggists arguing

with people who hesitate about buying patent medicines because their

physicians tell them they should seldom take medicine unless prescribed by

a doctor. They would hear him say: "Your doctor gives you medicines that

are put up in quantities for him just as these patent medicines are put up

for us." He then produces literature and proves it--at least beyond the

refutation of the patient. Physicians would then realize, perhaps, how the

use of proprietary medicines stimulates the sale of nostrums.

Quacks and Grafters · 第 5 / 11 章