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					       Bureau of Legal Medicine                                        Medical Examinations and Licensure
                  and       Legislation                                          COMING         EXAMINATIONS         AND     MEETINGS

              MEDICOLEGAL            ABSTRACTS                                        NATIONAL    BOARD   OF MEDICAL EXAMINERS
                                                                                          EXAMINING    BOARDS IN SPECIALTIES
                                                                        Examinations of the National Board of Medical Examiners and the
                               Order Physical Examination of           Examining  Boards in Specialties were published in The Journal,
   Right of Court      to
                                                                      Aug. 2, page 1198.
  Plaintiff in Personal Injury Case.—The plaintiff sued the                                BOARDS     OF   MEDICAL   EXAMINERS
  defendant druggists for injuries alleged to have resulted from        Arkansas:* Examination. Texarkana, Nov. 6-7, 1947. Sec, L. J.
  the faulty filling of a prescription. From a judgment dismissing    Kosminsky, Texarkana.
                                                                        Alabama: Examination. Montgomery, June 22-24. 1948. Sec. Dr.
  the cause, the plaintiff appealed to the Supreme Court of Idaho.    D. G. Gill, 519 Dexter Ave.. Montgomery 4.
                                                                        Arkansas: Eclectic.* Little Rock, Nov. 6. Sec, Dr. Clarence H.
     The trial of this case was set for a Monday morning. On          Young, 1415 Main St., Little Rock.
  the preceding Monday the plaintiff's counsel was requested to         California; Written. Los Angeles, Aug. 25-28. Oral. San Francisco,
                                                                      Nov. 8-9. Sec, Dr. Frederick N. Scatena, 1020 N. St., Sacramento 14.
  have the plaintiff submit to a physical examination by the defen¬     District of Columbia:* Endorsement. Washington, Sept. 8. Sec,
  dant's physicians. The plaintiff's counsel was then acquiescent     Commission on Licensure, Dr. G. C. Ruhland, 6012 Municipal Bids..
  but he advised the defendant on the following Thursday that the     Washington.
                                                                         Florida:* Examination. Jacksonville, Nov. 25-26. Sec, Dr. Harold D.
  plaintiff would not submit to an examination by one of the          Van Schaick, 6675 Windsor Lane, La Gorce Island. Miami.
                                                                         Georgia: Atlanta, Oct. 14-16. Sec, Mr. R. C. Coleman, 111 State
  physicians selected. Other physicians were then suggested, but      Capitol, Atlanta 3.
 plaintiff's attorney advised defendant that plaintiff would not         Illinois: Chicago, Oct. 14-16. Supt. of Registration, Dept. of Regis¬
                                                                      tration and Education, Mr. Philip M. Harman, Springfield.
  submit to a physical examination by any doctor other than her          Indiana: Examination. Indianapolis, June 1948. Sec, Board of Medi¬
 attending physician. On Saturday the defendant secured a court       cal Registration and Examination, Dr. Paul R. Tindall, K of P Bldg.,
 order requiring the plaintiff to submit to a physical examination    Indianapolis.
                                                                        Kansas: Topeka, Dec. 3-4. Sec, Board of Medical Registration        and
 at 12: 30 on that day at the office of one of the selected physi¬    Examination, Dr. J. F. Hassig, 905 North 7th St., Kansas City.
 cians. Telephone conversations ensued between plaintiff and one         Kentucky: Examination.    Louisville, Sept. 22-24. Sec, State Board of
                                                                      Health, Dr. P. E. Blackerby, 620 S. Third St., Louisville 2.
 of the physicians, the court and plaintiff's attorney, and plain¬      Maryland: Medical Examination. Baltimore, Dec. 9-12. Sec, Dr.
 tiff then indicated a willingness to submit to the examination       Lewis P. Gundry, 1215 Cathedral St., Baltimore. Homeopathic Exami¬
                                                                      nation. Baltimore, Dec. 9-10. Sec, Dr. J. A. Evans, 612 W. 40th St.,
 but later stated she could not be present and secure attendance      Baltimore.
 of her physician at that time. 12: 30 went by and, after further        Minnesota: * St. Paul, Sept. 3-5. Sec, Dr. J. F. DuBois, 230 Lowry
                                                                      Medical Arts Bldg., St. Paul.
 negotiations, the meeting was deferred to 1:30. Plaintiff then         Mississippi: Endorsement. Jackson, Dec 1947. Asst. Sec, State Board
                                                                      of Health, Dr. R. N. Whitfield, Jackson.
 stated that the time was too short, that she was engaged in             Montana; Helena, Oct. 6-8. Sec, Dr. O. G. Klein, First National
 taking care of a child and an older person and could not be          Bank Bldg., Helena.
 present. As a result, no physical examination was made on              Nevada; Carson City, Nov. 3. Sec, Dr. G. H. Ross, 215 N. Carson
                                                                      St., Carson City.
 Saturday. On the Monday morning set for a hearing the                  New Hampshire: Concord, Sept. 11-12. Sec, Board of Registration
 defendant moved, on affidavits pro and con, to dismiss the case      in Medicine, Dr. John S. Wheeler, 107 State House, Concord.
                                                                        New Jersey: Examination. Trenton, Oct. 21-22. Sec, Dr. E. S.
 because of the plaintiff's failure to comply with the court order.   Hallinger, 28 W. State St., Trenton.
At this hearing the plaintiff testified that she had told her           New Mexico:* Santa Fe, Oct. 13-14. Sec, Dr. LeGrand Ward, 141
                                                                      E. Palace Ave., Santa Fe.
attorney "before 12: 00 Saturday, that you (she) would submit           New York: Examination. Albany, Buffalo, New York and Syracuse,
to that (physical) examination at 4: 00 o'clock that afternoon."      Oct. 6-9, 1947. Sec, Dr. Jacob L. Lochner, Jr., Education Bldg., Albany.
                                                                        Ohio: Endorsement. Columbus, Aug. 12, 1947. Sec, Dr. H. M.
At the conclusion of the hearing, in plaintiff's presence in open     Platter, 21 W. Broad St., Columbus.
court, plaintiff's attorney stated "At this time we renew our           Rhode Island:* Examination. Providence, Oct. 2-3. Chief, Division
                                                                      of Professional Regulation, 366 State Office Bldg., Providence.
offer to submit to an examination." Whereupon defendant's               South Carolina: Columbia, Nov. 10-12. Sec, Dr. N. B. Heyward,
counsel renewed his objection to the offer and the trial court        1329 Blanding St., Columbia.
                                                                        Utah: Examination. Salt Lake City, June, 1948. Asst. Dir., Depart¬
dismissed the cause. The record indicates that the plaintiff had      ment of Registration, Miss Rena B. Loomis, 324 State Capitol Bldg.,
no objection to the two physicians last suggested by the defen¬       Salt Lake City.
                                                                        West Virginia: Examination. Charleston, Oct. 2-4. Commissioner,
dant to conduct the examination if her physician could also be        Public Health Council, Dr. N. H. Dyer, State Capitol, Charleston.
present, which was agreeable to all. On appeal the plaintiff            Wyoming: Examination. Cheyenne, Oct. 6. Sec, Dr. G. M. Anderson,
                                                                      Capitol Bldg., Cheyenne.
argued that the trial court abused its discretion in dismissing the
suit and that the trial court had no authority to enter an order        *
                                                                            Basic Science Certificate required.
requiring plaintiff to submit to a physical examination.                         BOARDS    OF   EXAMINERS     IN   THE   BASIC   SCIENCES

    The Supreme Court reviewed all the cases in both state and          Alaska:    Juneau, First week in August. Sec, Dr. C. Earl Albrecht,
                                                                      Box   1931, Juneau.
federal jurisdictions which have considered the question and             Arizona: Sept. 16. Sec, Mr. Francis A. Roy, Science Hall, Univer¬
                                                                      sity of Arizona, Tucson.
concluded that a majority of the decisions recognize the discre¬         Colorado: Examination, Denver, Sept. 17-18. Sec, Dr. Esther B.
tionary power of a court to order an examination by physicians        Starks, 1459 Ogden St., Denver.
                                                                         District of Columbia: Examination. Washington, Oct. 20-21. Sec,
suggested by the defense and approved by the court, and to            Commission on Licensure, Dr. G. C. Ruhland, 6012 E. Municipal Bldg.,
enforce noncompliance of such an order by dismissal. In this          Washington.
                                                                         Florida: Examination. Gainesville, Nov. 1. Final date for filing
case, however, said the Supreme Court, the time fixed by the          application is Oct. 16. Sec, Dr. W. M. Emmell, University of Florida,
trial court for the examination was too short and the dismissal       Gainesville.
                                                                         Michigan: Examination. Ann Arbor and Detroit, Oct. 10-11. Sec,
was unjustified because, while plaintiff perhaps unnecessarily        Miss Eloise LeBeau, 101 N. Walnut St., Lansing.
                                                                         Minnesota: Examination. Minneapolis, Oct. 7-8. Sec, Dr. Raymond N.
delayed the examination on Saturday, she had a right to arrange       Bieter, 105 M. Hall, University of Minnesota, Minneapolis.
to have her physician present at a time reasonably convenient            Nebraska: Examination. Omaha, Oct. 7-8. Dir., Bureau of Exam¬
                                                                      ining Boards, Mr. Oscar F. Humble, State Department of Health, Room
to her. In ordering the examination a court should give due           1009, State Capitol Bldç., Lincoln 9.
                                                                         New Mexico: Examination. Santa Fe, Aug. 3. Sec, Miss Marion M.
regard to plaintiff's health, and the time and place, though          Rhea, % State Land Office, Santa Fe.
imperative and requiring prompt and immediate compliance                 Oklahoma: Spring 1948. Sec, Dr. Frank Clinton Gallaher, 813 Braniff
therewith, should be reasonable as to all parties, permitting         Bldg., Oklahoma City.
                                                                         Oregon: Examination. Portland, Sept. 6. Final date for filing appli¬
plaintiff to have present such attendants, reasonably limited as      cation is Aug. 20. Sec, Board of Higher Education, Basic Science
to number, as she may desire.
                                                                      Examining Committee, Mr. C. D. Byrne, University of Oregon, Eugene.
                                                                         Rhode Island: Examination. Aug. 13. Chief, Division of Profes¬
                                                                      sional Regulation, Mr. Thomas B. Casey, 366 State Office Bldg., Provi¬
    Accordingly the Supreme Court reversed the judgment of dis¬       dence.
missal and remanded the cause to the trial court for further             Tennessee: Examination. Memphis, Sept. 18-19. Sec, Dr. O. W.
                                                                      Hyman, 874 Union Aye., Memphis.
proceedings.—Greenhow v. Whitehead's, Inc., 175 P. (2d) 1007             Wisconsin: Examination. Madison, Sept. 27. Final date for filing
(Idaho, 1946).                                                        application is Sept. 20. Sec, Mr. William H. Barber, Watson and Scott
                                                                      Sts., Ripon.




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