Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 by R. A. Witthaus et al.
5. Humid soil, especially when bodies are placed in it one upon the
10634 words | Chapter 79
other. In this case the lowest of them is first changed.
When a body has been completely saponified it may remain in this state
for years. In one instance, after seventeen years’ burial many of the
organs could still be recognized.
The time required for saponification to take place is sometimes of
medico-legal importance. Three years are _usually_ necessary for bodies
buried in the earth. The change occurs more rapidly in water. Cases are
recorded where the body of a new-born child was completely saponified
in six weeks, and again, the change had commenced in a body which had
been in the water about four months; but these are unusual cases.
DATA UPON WHICH OPINION AS TO TIME OF DEATH IS FORMED.
The changes which take place in a body before putrefaction sets in may
enable a medical jurist to form an opinion as to the probable time
which has elapsed since death; yet it must be remembered, to pronounce
the time which has elapsed can only be done approximately, for very
many conditions will have to be considered, which will vary in each
individual case. The importance of considering the minutest detail is
well illustrated by the death of Prince de Condé, Duke of Bourbon,
who was found dead in his bedroom in the chateau of St. Cyr. When
discovered at 8 o’clock in the morning, the deceased was found partly
undressed, hanging by his cravat to one of the window shutters. The
body was cold and the lower extremities rigid. As in asphyxia from
hanging the warmth of the body is usually preserved longer than under
common circumstances, viz., from twelve to fifteen hours, before which
period rigidity is seldom complete, the medical examiner inferred that
the deceased must have died very soon after he retired to his bedroom
on the previous night. As this was proven to have been 10 P.M., it
followed that only ten hours had elapsed—a short time for cooling and
rigidity to have taken place. It was thus rendered probable that the
hanging took place soon after deceased reached his bedroom. It was
alleged that the duke had been murdered, and that his body had been
afterward suspended to create a suspicion of suicide. The condition of
the body was, among other things, adverse to this opinion. From 10 to
12 o’clock it was proved there were numerous attendants moving about
near the duke’s apartments. They would have heard any unusual noise the
duke must have made in resisting his assailant. But no noise was heard
in the room at that or any other time, and the presumption of this
being a homicide was thus strongly rebutted.
=Cadaveric rigidity=, while often it will aid to, is not a reliable
guide. When once it is established it may remain two, three, or four
days, according to the season of the year and other circumstances, and
when it exists there is no rule by which it can be determined whether a
body has been in this state three hours or three days.
=Putrefaction=, while appearing on an average, under a mean
temperature, in from three to six days, is yet influenced by many
circumstances. The heat and moisture of the surroundings, the age, sex,
amount of flesh on the body, mode of death, position and coverings of
body, all must be considered.
=The temperature= of the body aids us, yet the retention of warmth by
the abdominal viscera may be met with in a marked degree twenty hours
after death; in one case, personally known to me, the thermometer
registered 76° F. seventeen hours after death.
The temperature of the body, its rigidity, and the evidences of
putrefaction all furnish data from which we can estimate the _probable_
time which has elapsed since death. It must be remembered that no one
of them furnishes any positive proof.
Some medical jurists have attempted to give a more definite character
to these changes in the recently dead body by dividing the interval
between the stopping of the heart’s action and the beginning of
putrefaction into three periods. In the first, the warmth, pliability,
and muscular irritability remain. In the second, these conditions are
lost and the body is cold and rigid. In the third, the body is cold
and pliant, the muscles are relaxed, and the joints are flexible, the
cadaveric rigidity having entirely ceased.
There can be no doubt about the existence of these stages, but when we
come to define the precise time at which one begins and the other ends,
we find it impossible. For example, the first stage embraces a period
which cannot be more closely defined than by stating that the person
may have been dead from a few minutes to twenty hours—a statement too
vague to be upheld by a counsel who defends a prisoner.
The changes which take place in these periods and the average time they
last have been given as follows by Devergie:
FIRST PERIOD, _Few Minutes to Twenty Hours_.—Characterized by warmth
of the body and general or partial relaxation of the voluntary muscles.
To what portion of this period the special case belongs must be
estimated according to the degree of heat in the trunk and extremities
and the degree of rigidity in the muscles, the neck and the jaws
commonly showing this condition first, the legs last. Warmth of the
body rarely remains as long as twenty hours; in general it is sensibly
cold in from ten to twelve hours. During this period the muscles are
susceptible of contraction under the galvanic current, and in the early
stage under the stimulus of blows.
SECOND PERIOD, _Ten Hours to Three Days_.—The body is perfectly cold
throughout and rigidity is well marked. The muscles no longer respond
to stimuli. The duration of this period seems long, yet in one instance
the body will be found cold and rigid nine hours after death. Again,
cooling and rigidity may not come on for three or four days.
THIRD PERIOD, _Three to Eight Days_.—The body is perfectly cold. The
limbs and trunk pliant and free from cadaveric rigidity. The muscles
are not capable of contracting. In summer this period is much shorter;
often it will come on before three days.
Putrefaction commences when a body is kept under the most favorable
conditions, in from six to twelve days, as a slight greenish
discoloration of the abdomen which gradually spreads throughout the
body. The time at which putrefaction shows itself and the rapidity with
which it advances is dependent upon so many factors, many of which
it is impossible often for the medical examiner to ascertain, that
too much reliance must not be placed upon it. Casper estimates the
following to be the _average_ changes generally found in the periods of
time given:
TWENTY-FOUR TO SEVENTY-TWO HOURS after death a slight green color is
visible over the centre of the abdomen. The eyeballs are soft and yield
to external pressure.
THREE TO FIVE DAYS after death the green color of the abdomen becomes
intensified and general, spreading if the body be exposed to the air or
buried in the ground in the following order: genitals, breast, face,
neck, upper and lastly lower extremities.
EIGHT TO TEN DAYS after death the discoloration becomes more
intense, the face and neck presenting a shade of reddish-green. The
ramifications of the superficial veins on the neck, breast, and limbs
become very apparent. Finally the patches congregate. Gases begin to be
developed and distend the abdomen and hollow organs and to form under
the skin in the subcutaneous and intermuscular tissue. The cornea falls
in and becomes concave. The sphincter ani relaxes.
FOURTEEN TO TWENTY-ONE DAYS after death the discoloration over the
whole body becomes intensely green, with brownish-red or brownish-black
patches. The body is bloated and appears greatly increased in size
from the development of gases within the abdomen, thorax, and scrotum,
and also in the cellular tissue of the body generally. The swollen
condition of the eyelids, lips, nose, and cheeks is usually of such
extent as to obliterate the features and to destroy the identity of the
body. The epidermis peels off in patches, while in certain parts, more
particularly the feet, it will be raised in blisters filled with red or
greenish liquid, the cuticle underneath frequently appearing blanched.
The color of the iris is lost. The nails easily separate and the hair
becomes loosened.
FOURTH TO SIXTH MONTH after death the thorax and abdomen burst and the
sutures of the skull give way from the development of gases within the
head. The viscera appear pulpy, or perhaps disappear, leaving the bones
exposed. The bones of the extremities separate at the joints. At an
advanced stage the soft parts gradually disappear.
In giving an opinion as to how long a time has elapsed since death when
a body has undergone marked putrefactive changes, we must consider
carefully not only the conditions of the organs, but the mode of death
and the “surroundings.” By these I mean the quantity of clothing worn,
the depth of the grave in which the body has been interred, the season
of the year, the heat and moisture of the atmosphere. The question
sometimes presents itself to the medical examiner, Of two persons
found dead, which died first? The importance of this point was well
illustrated in the “Lizzie Borden case.” By a careful consideration of
all the conditions presented by each body in the ways I have indicated,
the question will not ordinarily be a difficult one to decide.
THE
MEDICO-LEGAL CONSIDERATION
OF
WOUNDS,
INCLUDING
PUNCTURED AND INCISED WOUNDS, AND WOUNDS MADE BY BLUNT INSTRUMENTS
OTHER THAN GUNSHOT WOUNDS.
BY
GEORGE WOOLSEY, A.B., M.D.,
_Professor of Anatomy and Clinical Surgery in the Medical Department of
the University of the City of New York; Surgeon to Bellevue Hospital;
Member Medical Society of the County of New York, New York Academy of
Medicine, New York Surgical Society, etc., etc._
WOUNDS.
GENERAL CONSIDERATIONS. THE DIFFERENT KINDS OF WOUNDS.
THE surgical and medico-legal ideas of wounds are quite different, the
latter including the former as well as other varieties of injuries.
=Definitions.=—Surgically a _wound_ means a solution of continuity and
refers to every such lesion produced by external violence or developing
spontaneously. The medico-legal acceptation of the term is much broader
and includes any injury or lesion caused by mechanical or chemical
means. Vibert[601] quotes Foderé as defining a wound medico-legally as,
“Every lesion of the human body by a violent cause of which the results
are, singly or combined, concussion, contusion, puncture, incision,
tear, burn, twist, fracture, luxation, etc.; whether the cause is
directed against the body or the body against the cause.” The same
author quotes another definition of a wound as, “Every lesion however
slight, resulting in concerning or affecting the body or health of an
individual.” Taylor[602] defines a wound in a medico-legal sense as “a
breach of continuity in the structures of the body whether external or
internal, suddenly occasioned by mechanical violence.” Thus, the term
wound in its medico-legal acceptation includes not only surgical wounds
but contusions, fractures, burns, concussion, etc. In France at least
the voluntary inoculation of syphilis has been considered as coming
under the category of wounds.[603]
Medico-legally, the severity of a wound is much more important than
the kind of wound. Thus we may consider wounds according to their
comparative gravity, as mortal, severe, or slight.
A _mortal_ wound is one which is directly fatal to life in a
comparatively short time, usually from hemorrhage, shock, or the injury
of a vital part. A wound may result fatally without being a mortal
wound, as when a slight wound causes death on account of some wound
infection.
_Severe wounds_, or “wounds causing grievous bodily harm,” as they have
long been called, do not put life in imminent danger, though they may
be inconvenient or detrimental to health. Pollock, C. B., says that a
wound causing grievous bodily harm is “any wound requiring treatment.”
A medical opinion or certificate may be required as to the danger of a
given wound, and on this opinion may depend the question of bail for
the prisoner. By the danger of a wound in such a case is usually meant
imminent danger, as any wound may be remotely dangerous to life.
_Slight wounds_, as already stated, may result fatally under certain
conditions. Under the French practice a slight wound is one which does
not incapacitate one from work for more than twenty days. Looked at
in another way, slight or severe wounds may be classified according
as they are completely curable, leaving no infirmity or disturbance
of function, or not completely curable. The latter are such as are
necessarily followed by permanent or temporary infirmity.
The question as to the severity of any given wound may sometimes be
left to the jury to decide from the description of the wound, or a
medical opinion may be required.
Although the intent of the assailant is often of equal or greater
importance than the severity or kind of wound, yet this can only
occasionally be inferred from the surgical aspects of the wound.
The classes of wounds to be treated in the following pages are incised
and punctured wounds and wounds with blunt instruments, some of the
characteristics of which we will now consider.
=Incised wounds= are such as are produced by a cutting instrument, and
they are distinguished by the following characteristics: They measure
more in length than in the other dimensions. They are usually straight
in _direction_, though not infrequently curved, and they may even be
zig-zag, especially where the skin lies in folds. The _edges_ of an
incised wound are linear, and show no signs of contusion. They are
either inverted or everted and the edges and sides of the wound are
retracted. The eversion of the skin is due to its elasticity, but in
some regions of the body, _e.g._, in the scrotum, etc., the skin is
inverted owing to the contraction of the muscle fibres immediately
beneath. The gaping of the wound is due to the retraction of the
divided muscles and fibrous structures. It varies according as the
muscles are cut directly across or more lengthwise, and in proportion
to the distance of the wound from the points of attachment of the
muscles.
The fibrous tissues, fasciæ, and aponeuroses retract less, and so give
a somewhat irregular surface to a large wound.
Ogston[604] divides incised wounds into three parts, the commencement,
centre, and end, of which the end often has two or more serrations
differing from the commencement, which has but a single point. There
are often one or more slight, superficial, tentative incisions situated
almost always, though not invariably, near the commencement.[605] The
deepest part of the wound is more often near the commencement. If
there are angular flaps on the edges their free angles point to the
commencement of the wound.
Coagula and clots of blood are to be found in the wound, more or less
filling it up if it has not been interfered with. On examination the
ends of the divided vessels are found plugged with clots which may
protrude somewhat from their openings.
If the wound is seen very shortly after its infliction, hemorrhage is
in progress, and the divided arteries show their position by their
individual, intermittent jets of blood. The severity of incised wounds
depends upon the amount of hemorrhage, which is greater the deeper and
larger the wound, and the more vascular the tissues in which it occurs,
especially if large and important vessels are concerned. In the latter
case an incised wound may be very rapidly fatal.
Incised wounds present the least favorable conditions for the
spontaneous arrest of hemorrhage of any form of wounds. The edges of an
incised wound may be quite rough and even dentated or lacerated if the
edge of the weapon be rough and irregular.
The kind and condition of a weapon which has produced a given incised
wound may often be learned by an examination of the characteristics of
the wound.
Weapons cutting by their weight as well as by the sharpness of their
edges, such as axes, etc., may cause a certain amount of contusion
about a wound; they crush the soft parts to a certain extent, and the
bones may be indented or even fractured.
Wounds caused by fragments of bottles, pieces of china, earthenware,
or glass, though strictly speaking incised wounds, are often curved,
angular, and irregular, and their edges jagged and contused.
Wounds caused by scissors may sometimes be of the nature of incised
wounds. When they present a double wound of triangular shape, with the
apex of the triangle blunt, they are more of the nature of punctured
wounds. In general a “tail” or long angle in the skin at one end of an
incised wound indicates the end of the wound last inflicted, and some
light may thus be thrown upon the inflicter of the wound.
Incised wounds present very favorable conditions for healing by primary
union, but often fail in this and heal by secondary union. When an
incised wound fails to unite by primary union, bleeding continues
for several hours or even as long as a day, the blood being mixed
more or less with a serous discharge. The latter continues until the
third day or so. By the fourth or fifth day the surface has begun to
granulate, and there may be a more or less profuse purulent discharge
from the surface. The granulating surfaces do not necessarily discharge
pus, however. For some days, therefore, after the infliction of an
incised wound, or until the surface is covered with granulations, the
characteristics of the wound permit of a diagnosis as to the nature of
the wound.
The _diagnosis_ of an incised wound is generally without difficulty.
Some wounds by blunt instruments, however, in certain regions of the
body, resemble incised wounds very closely. Such instances are found
where a firm, thin layer of skin and subjacent tissue lies directly
over a bony surface or a sharp ridge of bone. These are seen most often
in the scalp or in wounds of the eyebrow where the sharp supra-orbital
ridge cuts through the skin from beneath. The diagnosis of an incised
wound can often be made with great probability from the cicatrix. This
is especially the case if the wound has healed by primary union and the
cicatrix is linear.
The _prognosis_ in incised wounds is good as to life unless a large
vessel has been divided or unless an important viscus has been
penetrated. The prognosis as to function varies with the position and
extent of the wound, and the circumstance of the healing of the wound.
=Punctured Wounds, Stabs, etc.=—These are characterized by narrowness
as compared to depth, though the depth is not necessarily great.
They are more varied in character than incised wounds owing to the
great variety of form of the weapons by which they may be made. From
the form, etc., of a particular wound we may often infer the variety
of weapon by which it was produced. According to the weapon used,
punctured wounds have been divided into several classes, of which M.
Tourdes distinguishes four: 1st. _Punctured wounds by cylindrical or
conical instruments_ like a needle. If the instrument be very fine like
a fine needle, it penetrates by separating the anatomical elements
of the skin, etc., without leaving a bloody tract. Such wounds are
generally inoffensive, even when penetrating, if the needle is aseptic,
and they are difficult to appreciate. On the cadaver it is almost
impossible to find the tract of such a wound. If the instrument be a
little larger it leaves a bloody tract, but it is difficult to follow
this in soft tissues, more easy in more resistant structures, such as
tendon, aponeurosis, cartilage, or serous membrane.
If the instrument be of any size this variety of punctured wounds
presents a form quite different from that of the weapon. Instead of a
round wound it is generally a longitudinal wound with two very acute
angles and two elongated borders of equal length, showing but little
retraction. This is the shape of the wound even when the instrument
producing it is so large that the resulting wound resembles that made
by a knife (see Fig. 2). The direction of the long axis of these wounds
varies in different parts of the body and is uniform in the same part.
Their shape and direction are explained by the tension of the skin or
still more clearly by the direction of the fibres of the skin, just
as with the same round instrument in a piece of wood a longitudinal
opening or split would be made parallel to the grain (see Fig. 1). In
some regions, as near the vertebræ, the fibres may run in different
directions, and the resulting wound is stellate or triangular in shape
as if a many-sided instrument had caused it. As the direction of the
fibres of the various tissue layers, such as aponeuroses, serous and
mucous membranes, etc., may be different, a deep wound involving
several such layers would have a different direction for each layer. In
illustration of this, examine the figure of a wound through the wall of
the stomach (see Fig. 3).
[Illustration: FIG. 1.—Direction of the Long Axis of Wounds of the
Back caused by Conical Instruments.
(After Langer.)]
The wounds above described when large are smaller than the weapon,
as the splitting of the skin has certain limits and also owing to the
elasticity of the skin, which is put on the stretch by the weapon and
relaxed on its withdrawal. When such wounds are small they are larger
as a rule than the instrument causing them.
[Illustration: FIG. 2.—Slit-like Wound caused by a Pointed Conical
Instrument 2.5 cm. in Diameter. Natural size.]
[Illustration: FIG 3.—Wounds of Stomach Wall by a Conical Instrument,
showing the Different Direction of the Long Axis of the Wounds in
Different Layers.]
[Illustration: FIG. 4.—Stab-Wound of the Skin with a Knife a Few
Minutes before Death.]
2d. _Punctured wounds by instruments both sharp pointed and cutting_,
like a knife or dagger. If these wounds are perpendicular to the
surface, they have more or less the form of the weapon used. The angles
may show whether the knife, etc., had one or two cutting edges, but
even though the back of the knife is broad the wound may resemble
one caused by a double-edged weapon. Thus stab-wounds from a common
pocket-knife show only exceptionally a wedge-shape, but regularly a
slit, the edges of which are slightly curved to one another and end in
two acute angles. The reason of this lies in the fact that the wound is
only caused by the cutting edge of the knife, so that we cannot tell
as a rule which angle was occupied by the back of such a knife (Figs.
4 and 5). The depth of these wounds may equal the length of the weapon
or be almost any degree less, but the depth may even be greater than
the length of the weapon by reason of a depression of the parts at
the time of the blow. The wound is often shorter and broader than the
weapon causing it, though more often it is larger than the weapon from
the obliquity of the wound and the movement of the weapon on being
withdrawn. The wound is smaller than the instrument where the parts are
on the stretch at the time the wound is inflicted.
[Illustration: FIG. 5.—Nine Suicidal Stab-Wounds in the Region of the
Heart made by a Knife used for Cutting Rubber.]
This variety of punctured wounds may resemble the former class in the
direction of its long axis, if the cutting edge of the instrument is
blunt. The regularity and smoothness of the edges distinguish them from
certain contused wounds.
3d. _Wounds made by instruments with ridges or edges_, files, foils,
etc. If the edges are cutting the wound presents more or less the shape
of the weapon (Fig. 6). But this is not always so, probably from the
instrument puncturing obliquely or from the tissues being unequally
stretched (Fig.7). If the edges are not cutting the wound resembles
those of the first class, though the edge often presents little tears,
and the wound may thus be more or less elliptical with two unequal
angles. The wound of entrance and exit may be different.
[Illustration: FIG. 6.—Stab-Wounds caused by a Three-Sided Sharp-Edged
Pointed Instrument.]
4th. _Irregular perforating instruments_, the wounds from which
resemble contused wounds.
=Contusions and Contused Wounds.=—A contusion is a wound of living
tissues by a blow of a hard body, not sharp-edged or pointed, or by a
fall, crushing, or compression, and without solution of continuity of
the skin. A contusion usually involves a moderately large surface in
comparison to the two other classes of wounds. Contusions are of all
degrees of severity. If the blow or injury is slight, there is only
slight redness and swelling of the skin with pain, disappearing in a
few hours, and leaving no traces. If the blow be harder it produces
more or less crushing of the tissues, accompanied by ecchymosis with
or without a wound or excoriations of the skin, etc. The contusion may
have the shape of the contusing body, such as a whip, the fingers, etc.
[Illustration: FIG. 7.—Stab-Wounds caused by an Eight-Sided
Sharp-Edged Instrument. Some show a transition stage to wounds made by
a conical instrument.]
=Ecchymosis.=—This is characteristic, as a rule, of contused wounds.
It consists in the infiltration of blood into the tissues, especially
the cellular tissues. The source of the blood is from the rupture
of blood-vessels, and the size of the ecchymosis varies partly with
the number and size of the blood-vessels, or with the vascularity of
the part. The size of the ecchymosis also varies with the looseness
of the tissues into which it is infiltrated. This looseness of the
tissues may be natural as in the scrotum and eyelids, or it may be due
to the attrition of the tissues caused by the blow. An ecchymosis is
larger when the contused parts cover a bony or resisting surface, and
there may be no ecchymosis whatever, even from a severe blow, where
the underlying parts are soft and yielding, as is the case with the
abdominal parietes. Here we may have rupture of the viscera without any
signs of ecchymosis superficially. An ecchymosis may be infiltrative
or it may mostly occupy a cavity usually formed by a traumatic
separation of the tissues; this is especially the case in the scalp
and extremities when the injury is severe. These tumors, which are
called _hematomata_, may be rapidly absorbed or they may remain a long
time and occasionally suppurate. Sometimes the anatomical conditions,
especially of the connective-tissue spaces, allow the extension or
migration of the ecchymosis under the action of gravity, even to a
considerable distance. When it meets an obstacle it accumulates above
it, as in the inguinal region for abdominal ecchymosis and at the knee
for those of the thigh. The course along which the ecchymosis travels
is indicated externally by a yellowish stain, soon disappearing, so
that soon no sign persists at the site of injury, but only below where
the blood is arrested.
An ecchymosis becomes visible at varying times after the injury
according to the depth of the ecchymosis and the thinness of the
skin, for the ecchymosis is mostly beneath, not in the skin. If the
ecchymosis is superficial it shows in one or two hours or even in less
time where the skin is very thin, as in the eyelids and scrotum. In
such cases it increases for thirty or forty hours and disappears in a
week, but may last longer, _i.e._, as long as fifteen to twenty-five
days.
An ecchymosis may not show at the point struck, at least not until
several days have elapsed, or it may only show on the under surface
of the subcutaneous fat until it has imbibed its way, as it were, to
the surface. This may explain the discrepancy in the description of an
injury examined by two medical experts at different times.
If an ecchymosis is extensive and deep, especially if it occupies a
cavity, there may be nothing to see in the skin for four or five days,
and then often only a yellowish discoloration instead of a dark blue
color. In such cases, too, the appearance in the skin may be more or
less remote from the injury, having followed the course of the least
anatomical resistance. Between these two extremes, an ecchymosis may
become visible at almost any time. Rarely an ecchymosis occurs only
deeply between muscles (pectorals, etc.) and not superficially at all.
The extravasation of blood which forms an ecchymosis has sometimes
been given different names, according to its extent or position, for
instance, parenchymatous or interstitial hemorrhages or apoplexies,
suffusions, ecchymoses, petechiæ or vibices. All such may, however, be
called ecchymoses or hematomata. When blood is effused into the serous
cavities of the body, special names are sometimes applied according to
the position, such as hemothorax, hematocele, etc.
The color of an ecchymosis is at first a blue-black, brown, or livid
red. This color changes first on the edges, later in the darker centre,
and becomes in time violet, greenish, yellow, and then fades entirely.
This change in color is owing to a gradual decomposition of the
hæmoglobin of the blood. We can tell the age of an ecchymosis from its
coloration only within rather wide limits, for the rapidity of change
of color varies widely according to a large number of circumstances,
especially according to whether the ecchymosis is superficial or deep.
We can only say that the first change, _i.e._, that to violet, in a
superficial ecchymosis, occurs in two or three days.
As an exception to the above color change, we may mention
subconjunctival ecchymosis, which always remains a bright red, as the
conjunctiva is so thin and superficial that the coloring matter of the
blood is constantly oxidized.
The form of an ecchymosis often reproduces well enough that of the
instrument, except if the latter be large it cannot all be equally
applied to the surface, and its form is not distinctly shown by that
of the ecchymosis. After its first appearance an ecchymosis spreads
radially, the edges becoming less clear. This change occurs more
rapidly the looser the surrounding tissues, and at the end of a few
days the first form of an ecchymosis may be changed, so that an
examination to determine the nature of the weapon should be made as
early as possible.
Ecchymoses are more easily produced in the young, the aged, and
in females, also in the case of such general diseases as scurvy,
purpura, hemophilia, etc. In fact, in the last three classes they may
occur spontaneously. This fact should never be lost sight of, as the
attempt may be made to explain a traumatic ecchymosis in this way. The
diagnosis between the traumatic variety and such cases of spontaneous
ecchymoses is, in general, easy, for in the latter case their number,
form, size, and occurrence on parts little exposed to injury and on the
mucous membranes, as well as the general symptoms of the disease, leave
little or no room for doubt.
From an oblique or glancing blow a considerable area of skin may be
stripped up from its deep attachments forming a cavity which may be
filled by a clear serous fluid alone, or with some admixture of blood.
These cases have been studied especially by Morel Lavallée and Leser,
and the fluid has been thought to be lymphatic in origin, hence the
name “_lymphorrhagia_.” Carriage accidents, especially where the wheels
do not pass directly but obliquely across or merely graze the body, are
especially liable to show this form of extravasation, which is thought
to be more common than is generally supposed, being often obscured by a
small quantity of blood.
[Illustration: FIG. 8.—Linear Wound with Nearly Clean-Cut Edges, with
Strands of Tissue bridging across at the Bottom and caused by a Fall on
the Head on a Smooth Surface.]
=Contused Wounds.=—If with the contusion we have a solution of
continuity of the skin, then we have a contused wound. This may
sometimes resemble an incised wound if the weapon has marked angles or
edges, as a hammer, or, as we have already seen, in wounds of the scalp
or eyebrow (Fig. 8). Careful examination, however, by a small lens if
necessary, is sufficient to distinguish them if they are fresh. If
they are four or five days old and have begun to granulate, it may be
impossible to distinguish them. Contused wounds present on examination
small tears on the edges which are widely separated and more or less
extensively ecchymosed. Contused wounds are often irregular, and
have thickened or swollen and ragged borders. They may, like simple
contusions, show by their shape the form of the instrument which caused
them. In contused wounds, unless they be perfectly aseptic, we usually
find sloughing of the contused, necrotic tissues. This leaves a cavity
to be filled up by granulation like wounds with loss of substance.
They therefore often present large cicatrices which may be mistaken for
those of ulcers. In contused wounds the bone may sometimes show the
impression of the instrument causing the wound.
A variety of contused wounds is that where the wound of the skin
consists merely of an _erosion_ or _excoriation_ with an ecchymosis
beneath. The wound may reproduce the shape of the weapon, _i.e._,
finger-nails, etc. After death the skin becomes brownish-yellow,
hard, and dry, and then they are called by the French “_plaques
parcheminées_.” They are distinguished, as a rule, from those produced
after death, by the ecchymosis beneath.
=Lacerated wounds= resemble contused wounds very closely, but are not
ecchymosed to any considerable extent. The solution of continuity is
sometimes very extensive and irregular, and may present several flaps.
The bone or bones are often fractured at the same time. They seldom
bleed much. The course of repair resembles that of contused wounds as
a rule. The prognosis is variable, for there may be slow and extensive
cicatrization and impairment of function, etc. These wounds usually
result from machinery accidents and accidental tears, etc. They are
therefore seldom the occasion of criminal proceedings but more often of
a civil suit, and thus require medical examination.
The injury which causes a contusion or contused wound may not
infrequently produce effects far more serious and more or less
remote from the contusion. Some of these effects it may be well to
particularize. Blows on the abdomen are sometimes quickly followed by
death without visible lesion to account for it. That authentic examples
of this exist has been denied by Lutaud, except for cases of rapid
death following contusions of the abdomen which had caused extensive
rupture of the viscera and abundant hemorrhage. But Vibert gives two
cases from his own experience, which are as follows:
A young man, twenty years old, received a kick in the stomach at a
public ball. Numerous witnesses of the scene testified that he only
received this one blow. The man collapsed immediately and died in a few
minutes. On autopsy nothing was found but two small ecchymotic spots in
the peritoneum covering the intestine, the largest not the size of a
bean.
In the second case, the injury was also a kick in the stomach and the
man died almost immediately. Absolutely no lesion was found on autopsy.
Both were in full digestion.
König[606] says: “A number of severe contusions of the belly run
a rapidly fatal course without the autopsy showing any definite
anatomical lesion of the viscera.” He also adds that the less severe
cases at first often show very profound shock, which is out of
proportion to the force of the injury. The cause of death has been
explained, like that of sudden death from a blow on the larynx, by the
theory of inhibition. These cases are often illustrated experimentally
on frogs, where the same result is obtained under similar conditions.
Such cases are the more remarkable from the fact that the fatal blow
may cause no ecchymosis or other mark of injury to appear on the
abdominal walls.
Blows on the head may produce a variety of results besides that of
the contusion itself. In fact, death itself may result though the
marks of contusion are very slight or even imperceptible. Intracranial
hemorrhage, laceration with ecchymosis of the brain, on the same or
opposite side to the injury, and concussion of the brain may result. Of
these only concussion will be considered now.
=Concussion= has been defined as a shock communicated to an organ
by a blow or fall on another part of the body, which may or may not
be remote, and without producing a material or appreciable lesion.
According to Lutaud,[607] English pathologists understand by it a
temporary or permanent nervous exhaustion resulting from a sudden or
excessive expense of nervous energy. Its effect is observed in the
function of an organ and especially in the brain. Concussion of the
brain causes stupidity, loss of consciousness, amnesia, coma. The
intracranial lesion most often associated with concussion is ecchymosis
and laceration on the surface of the brain, but there may be no lesion
visible even if the case is a fatal one. Fatal concussion has been
observed where the marks of external violence were very slight or even
failed entirely, as illustrated by the two following cases cited by
Vibert:[608]
Vibert made an autopsy on a man who had been struck by a pitchfork,
one of the teeth of which struck behind the ear, the other two in the
face, only producing slight skin wounds. The man immediately lost
consciousness and died in two days in coma. No lesion whatever was
found within the skull, and only three slight ones externally.
He observed another case where the man fell three or four metres
into an excavation, landing on his feet, and died in a short time.
On autopsy only slight erosions and no intracranial or extracranial
lesions were found.
This case belongs to a rare class where the blow is transmitted through
the spinal column without sign of injury externally or internally to
the head.
The following case cited by Vibert is even more remarkable in the
production of the severe though not fatal concussion: An officer
was riding at full speed on horseback, when his horse suddenly
stopped short. By great exertion the officer clung to the horse, but
immediately lost consciousness. His fall from the horse was broken by
those about him, and the concussion he received was not due to the
fall, but to the shock of stopping suddenly when his momentum was great.
As a rule, however, the diagnosis of concussion, especially if it is
severe enough to be fatal, is easily made by the marks of external
violence with or without intracranial lesions. The effects of
concussion may be transient and leave no trace, but, on the other
hand, they may be prolonged and severe, _i.e._, paralysis, aphasia,
loss of memory, imbecility, etc. The medical examiner should be on
his guard against simulation in respect to these prolonged effects of
concussions. One of the most frequent consequences of concussion is
temporary amnesia, which ordinarily succeeds immediately after the
injury, but sometimes develops more slowly. The following curious case
is quoted from Lutaud as cited by Brouardel:
A woman in getting out of a train at Versailles, where she had gone
to attend the funeral of a relative, was struck by the door of the
compartment. She fell, but did not lose consciousness, and picked
herself up, but forgot what she had come for.
Another result of an injury which has caused a contusion or contused
wound may be a fracture or dislocation. Fractures and dislocations of
special parts will be referred to later, in considering injuries of the
several regions of the body, but it seems appropriate here to refer to
some of those general considerations relating to these injuries which
may especially demand the attention of the medical expert.
=Fractures= may be produced by blows or falls, or from muscular action.
The medical witness may be questioned as to the cause of the fracture
or, if it was produced by a blow, whether a weapon was used or not, as
the defence is likely to assert that it was caused by an accidental
fall. The nature of the associated wounds and contusions, if any exist,
may, as we have seen, indicate the weapon used. If anything exists to
indicate that a fall which caused the fracture was not accidental, this
should be noted, as the assailant is responsible for the effects of the
fall.
A number of conditions influence the ease with which a fracture is
produced and account for a fracture being due to a slight injury, and
so are mitigatory circumstances in the case.
Fractures are more easily produced in the old and young, especially
the former, than in the adult from the same force. This is due to
brittleness of the bones in the old and their small size in the
young. Certain diseases like syphilis, arthritis, scurvy, carcinoma,
and rickets make the bones more frangible, and there is a peculiar
brittle condition of the bones known as _fragilitas ossium_, more or
less hereditary, in which the bones become fractured from very slight
violence. Mercer is quoted by Taylor as stating, but on how good
authority it does not appear, that in general paralysis of the insane
the bones are particularly liable to fracture. Certain it is that not
uncommonly insane patients are found dead with single or multiple
fractures, but the attendants are generally convicted.
In some parts, like the orbital plate of the frontal bone, the bone is
very thin and brittle, but brittleness from any cause only mitigates,
it does not excuse.
Taylor[609] reports a case in point where it was proved that the bones
of the skull were thin and brittle, and the fractured skull proved
fatal from inflammation of the brain. The punishment was mitigated
owing to the circumstance of the brittleness of the bones.
SPONTANEOUS FRACTURES may occur from only a moderate degree of muscular
action, and even where there is no disease of the bones, but the
above-mentioned condition of fragilitas ossium, rendering the bones
more brittle, aids in the production of such fractures. The olecranon,
patella, and os calcis are particularly liable to such fractures, but
the long bones of the ribs and extremities are sometimes so fractured,
as instanced in the following cases cited by Taylor:[610]
The humerus of a healthy man has been broken by muscular exertion
simply by throwing a cricket ball.[611] In 1858 a gentleman forty years
old, during the act of bowling at cricket, heard a distinct crack like
the breaking of a piece of wood. He fell immediately to the ground, and
it was found that his femur was fractured.
Again, in 1846, a healthy man, æt. 33, was brought to Gray’s Hospital
with the following history: He was in the act of crossing one leg over
the other to look at the sole of his foot, when something was heard to
give way; his right leg hung down and he was found to have received
a transverse fracture of the femur at the junction of the middle and
lower thirds.
The writer had a case in Bellevue Hospital during the past winter
(1892-93) of a man who stated that he had been well and active until
some weeks previously, when, from muscular force alone, he sustained a
fracture of the neck of the femur. Something abnormal in the bone may
be present in such cases.
In cases of spontaneous fractures there are no marks of external
violence which, if present, would remove the idea of spontaneity.
Fractures of the extremities are not dangerous _per se_, unless they
are compound or occur in old, debilitated, or diseased persons, and
they are more severe the nearer they are to a joint. The healing of
fractures is more rapid in the young than in the old and in the upper
than in the lower extremity. It is not proven that adiposity of itself
impedes union.
The question may be asked, how long before examination a given bone was
fractured. As a rule, we can only say as to whether the injured person
has lived a long or short period since the injury, as the process of
repair varies according to age and constitution. No changes occur until
eighteen to twenty-four hours, when lymph is exuded. According to
Villermé the callus is cartilaginous anywhere between the sixteenth
and twenty-fifth days, it becomes ossified between three weeks and
three months, and it takes six to eight months to become like normal
bone.
The question may also be asked: Has a bone ever been fractured?
The existence and situation of a fracture can often be recognized
long after the accident, by the callus or slight unevenness due to
projection of the edges or ends of the fragments. Where the bone lies
deeply covered by soft parts, it is difficult and often impossible to
tell, long after union has taken place, whether or where a fracture has
occurred.
The answering of this question may sometimes be of importance in
identifying the dead, especially in the case of skeletons. In the
latter instance by sawing the bone longitudinally we can tell by the
thickness, irregularity, or structure of the bone tissue whether a
fracture existed, and if it were recent or old at the time of death.
=Dislocations= call for a medico-legal investigation less often than
fractures. They are less common in the old and where the bones are
brittle, when fracture occurs more readily. They are seldom fatal _per
se_, unless between the vertebræ or when compound. They may occur from
disease in the affected joint or even spontaneously. The diagnosis of
a dislocation is easy until it has been reduced, and then it may leave
no trace except pain in and limitation of the motion of a joint besides
swelling and ecchymosis. These effects are transient, and after they
have disappeared it may be impossible to say whether a dislocation has
existed on a living body, unless, as sometimes occurs, especially in
the shoulder joint, there may be a temporary or permanent paralysis
of a nerve and muscular atrophy. After death, the existence of an old
dislocation may often be recognized on dissection by scar tissue in and
about the capsule.
EXAMINATION AND DESCRIPTION.
The examination of wounds or injuries in a case which is or may become
the subject of a medico-legal investigation should be made with
particular care and exactness.
As the examination of the wounded person is to give most, and in some
cases all, the information to the medical expert on which he is
to base his testimony, it should be made with reference to all the
possibilities of the case.
The particular variety of wound as described in the foregoing section
should be noted, and any peculiarities as to its situation, shape,
extent, length, breadth, depth, direction, and the parts involved.
Besides these points, the condition of the edges of the wound, whether
swollen and ecchymotic, smooth and straight or dentated and irregular,
and whether inverted or everted and gaping, are matters of importance.
The presence or absence of coagula and clots, the staining of the
tissues with blood, the presence of ecchymosis and its comparative age,
as shown by its color, should also be noted.
Many of the above points help us in solving another problem, namely,
the form of the instrument used. This question will be discussed
in a subsequent section, but the basis for our opinion is founded,
of course, on an examination of the particulars of the wound. The
solution of still another question which often arises and which will
be discussed in the next section, namely, whether a wound was produced
before or after death, is based upon particular features of the wound
such as the fluid or clotted condition of the blood on the surface,
or ecchymosed in the tissues, also the amount of the hemorrhage as
compared to the vascularity of the part as well as the greater or less
staining of the tissues with blood, and the conditions of the edges,
whether inverted or everted and whether or not retracted. The question
as to whether a wound was directly, secondary or necessarily the cause
of death, is determined, in part at least, by examination of the wound.
In this connection we take note as to whether a wound has opened or
divided a large vein or artery or is situated in such a vascular part
as to be fatal from hemorrhage. We also note whether death could have
been due to shock from the situation of the wound, or whether an
inflammation which was directly responsible for death was necessarily
due to the wound, as in case of a penetrating wound of the viscera,
etc. Further, we note whether one of the many forms of wound diseases
from infection of the wound has complicated the case and caused death
in the case of a wound not otherwise necessarily fatal. It may be added
that often the necropsy aids us in the solution of the question as to
whether the wound was the necessary and direct cause of death, by
showing a healthy or diseased condition of the viscera.
The question as to which of a number of injuries was first inflicted,
also as to the relative position of the victim and assailant, can be
answered, if at all, only by an accurate and close examination of the
wounds.
Finally, the most important question of all, from a medico-legal
standpoint, namely, the distinction between homicidal, suicidal, and
accidental wounds, is decided or inferred from the characteristics of
the wound after careful examination.
All the foregoing questions contribute to the solution of this the
most important one. The various questions referred to above will be
considered at greater length in the subsequent sections. They have been
merely referred to in brief above, to show the various lines of thought
a medical examiner must have in mind in making an examination.
As to the act of examination itself, the physician should conduct
it in such a way as not to harm the wounded person. Often simple
inspection is the most that can be done, or the examination may have
to be deferred altogether until the physician in charge informs the
court that an examination may be safely made. It is often necessary
for the expert to get information as to the original lesion from the
physician in charge. If the wound has been a fatal one and if we are
called in after death, we may examine the wound on the dead body with
much more freedom. Here we may examine the depth, direction, etc., of a
punctured wound by cutting down on a probe or director. After careful
inspection of the wound we may examine it by palpation, and go on to
the dissection of the wound and the surrounding parts, tracing and
noting the various vessels, muscles, etc., involved in the wound, and
looking for the presence of any foreign body in the wound.
Furthermore, if the cause of death be at all obscure, we should examine
not only the wound itself and the parts about the wound, but also, by
an autopsy, all the cavities and organs of the body. For death may have
been due to natural causes in an organ not examined, if the examination
has not included all, and the physician has to disprove it.
In examining at an autopsy the depth of a wound in reference to the
instrument which caused it, it should be borne in mind that the wound
may be deeper than the weapon owing to a depression of the surface by
the handle of the weapon. This may appear especially marked in the case
of the movable viscera, as at the time of the accident the viscus may
have been as near as possible to the surface, and at the examination as
far as possible from the surface, as in the case of a given coil of the
intestines. Also the thorax when opened at autopsy enlarges or expands
a little, so that the measured depth of a wound may be greater than the
weapon which caused it. Vibert[612] mentions a case of a penetrating
wound of the thorax involving the heart, where the measured depth of
the wound was 0ᵐ.035 greater than the length of the instrument. This
may also be accounted for by a depression or flattening of the thorax
by the blow, as in the case of soft parts. It is often difficult in an
examination to measure accurately the depth of a wound, for one may
find it hard to determine the precise end of a wound. Also, for exact
measurement it is necessary to have the parts in the same position as
at the time of the accident, and these parts are more or less displaced
by the necessary dissection.
Besides the examination of the wound there are other points the
examination of which may aid us in solving the problems presented by a
case. Among these, the examination of the clothing or dress is perhaps
the most important. This may indicate the weapon used in an incised or
punctured wound. Contused and lacerated wounds or fractures, etc., may
be produced without injuring the clothing. Blood, dirt, or grease on
the clothing may throw light on the case. In self-inflicted wounds the
wound in the clothing and that on the body may not and often do not
correspond, as an intending suicide often (a murderer rarely) opens
the clothing to select the spot for the wound. The wound in the dress
is then added by a second blow not corresponding to the first. In this
way we may sometimes distinguish between a homicidal and suicidal
wound, and thus remove a false suspicion of murder or show that a wound
was self-inflicted to conceal other crimes or to falsely impute it to
another. The suspicion of homicide in accidental wounds may be cleared
up by an examination of the dress, as in the following instance related
by Taylor:[613]
A woman was found dead in bed with two indentations about the middle
of the right parietal bone, a large superficial clot here and three
ounces of clotted blood between the dura mater and skull, which latter
was fractured over an area of four inches. No other cause of death was
found. The evidence brought out the facts that she had been knocked
down the evening before, about 7:30 o’clock, by a man accidentally
running into her. She fell on the back of the head, was stunned, raised
up, and stimulated; she then walked home, ate her supper, and was
last seen at 9 o’clock by a fellow-lodger who let her in and noticed
nothing unusual. The next morning she had evidently been dead some
time. Suspicion fell upon the lodger, who had often quarrelled with
her, and the two claws of a hammer found in his room corresponded more
or less closely with the two indentations found in the skull. At the
adjourned inquest, however, the _bonnet_ worn by the deceased at the
time of the accident was found to have two indentations on the back of
it corresponding to those on the woman’s skull and containing dust and
dirt, and rendering probable what from the history seemed unlikely,
that the fall in the road caused the fatal injury. The examination of
the dress thus avoided an unjust accusation of murder.
Contused and lacerated wounds and fractures or dislocations may be
produced without injury to the dress, especially if the latter be
elastic or yielding. The comparison of the wound in the clothes with
that on the body may indicate the position of the body at the time of
the blow. The examination of the clothes of the injured person may
indicate a struggle which would support the idea of homicide. A blunt
instrument may indirectly cause an injury by striking something in or
on a person’s clothes. Instances have been reported where a wound has
been caused by an article in the pocket, or worn outside the clothing,
without any trace of an injury to the clothes or pocket lining.[614]
The examination of the dress may further show which of several cuts or
stabs was first inflicted. This is shown by the staining of the edges
of the cuts in the clothing, the edges of the first cut or stab showing
no blood-stain or only on the inner surface, as the knife is clean
of blood on entering and all that is removed by the clothing on its
withdrawal is found on the inner edges. If the edges of the cuts in the
outer layers of clothing are bloody, it is evident that the knife was
already bloody when used, and the corresponding wound was not the first
inflicted.
The imprint of the bloody hand of the assailant may sometimes be found
on the clothing of the one injured, and is especially important as
evidence, when the hands of the assaulted are not bloody. In the case
of a severe wound, especially if it is likely to become the object of a
criminal investigation, the physician should always require to see the
dress of the wounded. The examination of the clothing which the accused
wore at the time the assault took place may give important evidence by
showing evidences of a struggle or blood-stains. Absence of the latter
would not prove the innocence of the accused, as the clothes actually
worn may be destroyed and others substituted, or the marks and stains
may be removed. In the latter case, the eye of a medical man may detect
traces of blood which otherwise would go unnoticed, and a microscopical
and chemical examination would reveal the real character of the stain.
Besides the examination of the clothing of the accused, the examination
of his person may furnish evidence of his being engaged in a more or
less desperate struggle by the scratches, marks of nails, contusions,
bites, etc., on the face, neck, front of chest, forearms, and hands.
If the accused should attempt to explain these wounds and spots, the
latter may or may not verify the explanation, and thus additional
evidence may be obtained as to the guilt or innocence of the accused.
It is well for the medical expert, as well as for others, to collect
the statements of the wounded person relative to the circumstances of
the injury. Also, if the accused will vouchsafe any such statements we
may compare these with one another and with the facts indicated by the
wound, etc.
Other points to examine, especially in cases of suspected suicide,
may be briefly mentioned. The presence of the weapon in the hand of
the victim and firmly grasped in general indicates suicide, if it
corresponds to the weapon causing the wounds, for otherwise it may
have been used for defence. If not in the hand, note the spot where
the weapon was found. In the case of a suicide, the hand as well as
the weapon held by it is likely to be bloody, also in case of murder
the generally empty hand is apt to be bloody, as the hand is naturally
carried to the wound.
We cannot further describe the many points which the medical examiner
should bear in mind in making an examination in a medico-legal case,
without repeating too fully what will be given at greater length in
subsequent sections, reference to which should be made for further
particulars. Tardieu proposed as a basis for examining and studying
wounds, (1) to visit the wounded person and see what state he is in,
and to determine (2) the nature, (3) the cause, (4) the consequences
of the wound. Also if the wounded person is dead (5) to examine the
body for the cause of death in order to see if the latter is due to the
wound. Also (6) to determine the circumstances of the affray.
=The description= of a wound should be given in plain language,
avoiding the use of scientific terms or expressions, so as to be
readily understood by judge and jurors. Otherwise the usefulness of the
medical expert is very much decreased. The description should also be
precise and sufficient to justify the conclusions arrived at as to the
cause of a wound, its gravity and results, and the weapon used. With
a view to exact statement in description, it is well to take notes as
to the result of the examination and not depend merely on memory. The
object of the witness should be to be understood and not to be thought
thoroughly scientific.
WAS THE INJURY INFLICTED BEFORE OR AFTER DEATH?
This is a question which may often be asked in cases of fatal injuries,
and it is one which must be answered as definitely as we are able, for
the defence may rest on the assertion that the wound or injury was post
mortem and not ante mortem. What are the means we have to enable us to
answer the above question? The most important factor is the condition
of the blood and the changes that it undergoes after death. For some
hours after death the body retains its animal heat. As long as this is
retained rigor mortis does not set in and the blood is more or less
fluid. This period varies, but on the average it does not last longer
than eight or ten hours. Before this time, however, the blood has begun
to undergo certain changes. These changes result in the inability of
the blood from a post-mortem wound to coagulate completely. At first
the greater part may coagulate, but after a time coagulation is less
and less complete, and the coagula are not as firm as those from the
blood of a living person. The period at which these changes occur also
varies, but they may generally be clearly noticed in from three to four
hours after death, or even sooner. In the first two to four hours after
death, therefore, as far as the condition of the blood is concerned, it
may be difficult or impossible to say whether a wound was made before
or soon after death. In other words, this difficulty exists as long as
the tissues of the body live after the body as a whole is dead.
There are certain general pathological or occasional conditions of the
body in which the blood during life does not coagulate at all or only
imperfectly, as in scurvy and in the case of the menstrual blood. Also
blood in a serous cavity, especially if it be abundant or there exists
inflammation, is found not to coagulate or only imperfectly. Post
mortem the blood remains liquid long after death in cases of death by
drowning, asphyxia, etc., and in such cases hemorrhage may be free in a
wound made some time after death. Furthermore, after putrefaction has
set in the blood again becomes more or less liquid, and may flow away
from a wound like a hemorrhage, but it no longer coagulates.
The principal signs of a wound inflicted during life are (1)
hemorrhage, (2) coagulation of the blood, (3) eversion of the lips of
the wound, and (4) retraction of its sides.
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