INDEX.
Reading edition
A.
ABORTION—
Evidence of experts in cases of, 116.
Criminality of, 146, 147.
ACCIDENT—
Payment of medical men in cases of, 40, 41.
ACCOUNT—
Must be in detail, 22.
ADVERTISING QUACKS—132, 133.
AMPUTATED LIMBS—
Ownership of, 143.
ANATOMY—
A lawful study, 154, 157, 158.
Hindrances to study of, 149, 152.
In early days, 149, 150.
Provision made for study of, in England, 150, 153.
— — — — — in Canada, 151, 156.
— — — — — in United States, 155, 156.
ANATOMY ACT OF 1832—153.
ANGUINEUM—2.
APOTHECARIES—
In England in early days, 11.
Incorporated in England, 12.
How regulated, 12.
Duties of, 12.
Fees of, 15, 16.
ARTIFICIAL TEETH.—See TEETH.
ASSAULTS ON PATIENTS—
Attempting carnal intercourse with, 144.
Wantonly stripping patient, 144.
Taking layman to midwifery case, 144.
Liability for committing one as insane, 146.
ASSISTANTS AND APPRENTICES—
Rules regulating, 193.
Master liable for, civilly, 193, 194.
— not liable criminally, 194.
— may recover for services of, 20.
Misconduct of, 194.
ATTENDANCE—
Medical men neglecting, 72, 73.
Withdrawing from, 73, 74.
B.
BARBERS—
As practitioners, 4, 5, 6.
BAUNSCHEIDT SYSTEM—
Layman practising, 47.
Liability for using, 89.
BODIES—
Supply of, for dissecting, 150–156.
BODY-SNATCHING—See RESURRECTION, 152–157.
BOOKS—See SCIENTIFIC BOOKS, 99–105.
BOTANIC PHYSICIANS—52, 54, 88.
C.
CARELESSNESS—See NEGLIGENCE.
Of patient, 67–69.
When physician criminally liable for, 85–88, 91.
In treating internal diseases, 92.
CHARACTER—
Defamation of, when actionable, 131, 134.
CHEMIST AND DRUGGIST—See DRUGGISTS.
CHLOROFORM—
Care needed in using, 163–166.
CIVIL LIABILITY—
For negligence—See NEGLIGENCE.
For stealing corpse, 157.
CLAIRVOYANT PHYSICIAN—
Must be licensed in Maine, 52.
Misrepresentations by, 142.
CLERICAL PRACTITIONERS—3.
COMMUNICATIONS BETWEEN PHYSICIAN AND PATIENT—
When not privileged, 93.
When privileged, 94–96.
CONSULTATIONS—23.
CONTAGIOUS DISEASES—
Precautions necessary when attending, 21, 143.
Exposing people suffering from, 147.
CONTRIBUTORY NEGLIGENCE—
Of patient, 67–69.
CORPSE—
Stealing, 152.
Who owns the, 153.
Selling, 153.
Raising, a misdemeanor, 154–156.
Civil liability for raising, 157.
Exhuming, when ordered, 159.
CRIMINAL LIABILITY—See CRIMINAL MALPRACTICE.
CRIMINAL MALPRACTICE—
Definition of, 55 in, 82.
Immaterial whether physician licensed or not, 83, 84, 91.
What makes, 84, 85.
Physician acting honestly and bonâ fide, 89, 92.
Mistakes of druggists, 180, 181.
CRITICISM—
When justifiable, 132, 133.
CURE—
Not essential to right to pay, 20, 21.
No cure, no pay, 24.
Promising, 143.
Curious cures, 2, 3, 8.
CONTRACT—
Between physician and patient, 141.
Not to practice, 192, 193.
D.
DAMAGES—
For personal injuries, 78, 80.
Rules for determining, 78, 79.
Not recoverable against representatives, 80.
In cases of death, 80, 81.
Only one action for same cause, 81.
Against negligent druggists, 177–185.
— — dentists, 162–167.
DEATH—
Damages when negligence causes, 80, 81.
Evidence of experts as to cause of, 116–119.
DECLARATIONS OF SICK PEOPLE—
When evidence, 96–98.
DEFAMATION—129–137.
What libel, what slander, 129.
When actionable, 129, et seq.
Civil and criminal remedies, 130.
Imputing want of knowledge, 130.
— unprofessional conduct, 131–132.
— immorality, 134.
Holding up to ridicule, 132.
Justifiable criticism not, 132, 133.
Evidence in actions for, 135.
When physician liable for, 135–137.
DENTISTS—Chapter XIII.
Early practitioners, 160, 161.
Subjects of examination for, 161, 162.
In Ontario, must be licensed, 162.
Liability for negligence, 162, 167.
Pulling wrong tooth, 163, 167.
Skill requirable, 164, 166.
Acting gratuitously, 166.
When services are useless, 167.
Are they mechanics? 169, 170.
Defrauding patient, 171, 172.
Appropriating signs of others, 172.
DILIGENCE—
Must go along with skill, 64.
DIPLOMA—
Prima facie proof of skill, 64.
DISCRETION—
As to modes of treatment, 25.
As to number of visits, 63.
DISSECTION—
Provisions made for, 150, 151.
English Anatomy Act, 153.
Lawfulness of, considered, 157, 158.
DRUGGISTS—Chapter XIV.
Definition, 174.
Old time, 175.
Requirements of, 175–176.
Liability for miscompounding, 176–178.
— — mistakes, 177–185.
— — quality of drug, 178.
— criminally, 180.
— for selling adulterating substances, 186.
— — — deleterious drugs, 186.
— — — intoxicants, 187, 188.
Warrants drug to be as represented, 179.
Label a warranty, 179–180.
DRUGS—
Physician may charge for, 24.
Mistakes in selling, 177–186.
DRUIDS—1–3.
DUEL—
Medical man attending, 144.
DUTY OF PHYSICIAN—
On undertaking charge of patient, 57.
Not bound to take charge, 57.
To possess ordinary care, diligence and knowledge, 58–61.
In cases of small-pox, 22, 144, 147.
DYING DECLARATIONS—
Evidence in certain cases, 105.
E.
EARLY PRACTITIONERS—Chapter I.
ENGLAND—
Early practitioners in—Chapter I.
Who may practice, 43.
Women may practice, 14.
ENTRIES AGAINST INTEREST—
Admissible as evidence, 105, 106.
EXPERIMENTS—
Liability on making, 71, 72, 168.
EVIDENCE—See EXPERTS AND EXPERT EVIDENCE, SCIENTIFIC BOOKS.
EXPERTS AND EXPERT EVIDENCE—
Fees to medical witnesses, 27, et seq.
Excluding at trial, 106, 120.
Limiting number at trial, 106.
Rules for guidance, 106, 107.
When evidence of, admitted, 108, 117–120, 127.
Who may be experts, 109–114, 128.
The Court decides who may be, 113, 114.
Experts among the Romans, 109.
Opinions concerning, 110, 121–124.
Need not have made a special study, 112.
Better if they have, 112, 127.
Jury to decide weight to be given to, 114.
Opinions on morals, 115.
Do not speak as to merits, 115, 118, 125, 127.
Advisers of the Court, 115, 116.
Should state grounds of opinion, 116.
Admissible only as to matters of skill, 119.
Are not jurors, 119, 125.
Opinions on opinion, 119.
In insanity cases, 121–128.
What they may be asked, 124, 125.
Must hear all the evidence, 126.
Hypothetical cases, how put, 126, 127.
F.
FAMILY PHYSICIAN—
Recommending another, 148.
FEES—See PAYMENT OF MEDICAL MEN.
Under Roman Law, 15.
Of physicians, not recoverable at Common Law, 15, 16.
Recoverable under Medical Act, 15, 17.
Of surgeons and apothecaries, 15, 16.
Of physician and surgeon, 16.
In Scotland and the Colonies, 17.
In America, 17.
No express promise to pay necessary, 18.
How fixed, 18, 19.
Must be reasonable, 19.
In some countries fixed by law, 19.
Services of assistants, 20.
Not dependant upon cure, 20, 21.
But services must be of benefit, 20–24, 167.
Account should be in detail, 23.
For friendly visits, 24.
For drugs, 24.
Where no cure, no pay, 25.
To medical witnesses, 26, 27.
To medical experts, 27–31.
Exorbitant charges, 140.
Who must pay, 32.
FRANCE—
Who may practise in, 44.
FRIEND—
Prescribing as, fees, 24.
Not medical attendant, 24.
G.
GERMANY—
Who may practise in, 44.
GIFTS TO MEDICAL MEN—
Are closely watched, 139.
When set aside, 139, 140.
When sustained, 140, 141.
GOODWILL—
In professional partnerships, 191.
Sale of, 191.
GRATUITOUS SERVICES—
Liability of physicians for, 61, 65, 66.
— — unprofessional men, 66, 67.
— — dentists, 166.
GROSS NEGLIGENCE—
What is, 87, 88.
Liability for, 55.
H.
HAIR-DYE—
Noxious, damages for, 182.
HOMŒOPATHISTS—
Regulations as to, in Ontario, 66.
Are Physicians in New York, 50, 54.
Are not Quacks, 132.
Consulting with, 134.
HUSBAND—
When liable for attendance on wife, 35, 39.
When liable for artificial teeth for wife, 171.
Suing druggist for damages to wife’s health, 186.
HYPOTHETICAL CASE—
How put, 126, 127.
I.
IGNORANCE—
Liability for gross ignorance, 55–61.
Criminal liability for gross, 55–88, 91, 92.
Imputing, when actionable, 130.
IMMORALITY—
When actionable to impute, 134.
IMPROPER TREATMENT—
When a defence to action, 20–24, 167.
Charges for, 20, 22, 167.
INFANT—
Medicines and medical aid, necessary for, 39.
INFECTIOUS DISORDERS—
Exposing persons suffering from, 147.
Duty of physicians in cases of, 22, 143, 147.
INSANE PATIENT—
Not liable for negligence, 69.
INSANITY CASES—
Evidence of experts, 121–128.
Opinions concerning, experts in, 121–124.
When expert evidence admissible, 124.
How to examine witnesses, 124–125.
Putting hypothetical cases, 126, 127.
Evidence of non-experts, 128.
Experts can only give opinions, 129.
Liability for committing in, 145–146.
Requisites for committal, 146.
INTOXICATING LIQUORS—
When unlawful to give, 148.
Druggists selling, 187–188.
IRELAND—
Early practitioners in, 6.
L.
LABEL OF DRUGGIST—
Is a warranty, 179–180.
LECTURES—
Cannot be published by students attending them, 195.
LIBEL—See DEFAMATION.
M.
MALPRACTICE—See CRIMINAL MALPRACTICE.
Defined, 55.
Consequences of, 55.
Civil and criminal, 55, 56, 83.
Some injury must be proved, 76.
Is a question for the jury, 76.
Cases of, should be construed in favor of physician, 76, 77.
Cases against physician rare, 77.
Actionable to charge one with, 133.
MANIPULATION—
Practising, without license, 51.
MANSLAUGHTER—See CRIMINAL MALPRACTICE.
Physicians acting honestly and bonâ fide, 89, 90.
Druggist making mistake, 180–184.
MASTER AND SERVANT—See ASSISTANTS AND APPRENTICES.
Payment of medical attendance, 40.
MEDICAL ACT OF ENGLAND—
Recovery of fees under, 17.
MEDICAL ACT OF ONTARIO—
Recovery of fees under, 17.
MEDICAL MAN—
Chaucer’s definition of, 7.
Had to be graduates in old times, 7.
Divisions under Henry VIII, 8.
Qualifications necessary to practise, 9, 48.
Qualifications under Henry VIII, 10.
No branches in America or Colonies, 17.
Discretion as to mode of treatment, 25.
As witnesses, 26.
Who must pay, 32–41.
Who may practise, 42.
The law favors no school, 42, 47.
Must practise according to school, 52, 53, 54.
One practising liable as, 54.
Duties when assuming charge, 57, 72, 73.
Must exercise ordinary care and diligence, 58.
Must keep up with the age, 61, 71.
Not liable for bad nursing, 70.
Rashly trying new experiments, 71.
Accepting retainer must attend, 72, 73.
Withdrawing from attendance, 73, 74.
Liability when not employed by patient, 74.
Action against, for defamation, 135–137.
Administering intoxicants, 148.
Relations with patients, 138–146.
Care necessary in choosing, 148.
MEDICINE—
When first studied in England, 6.
First statute concerning, 8.
Evidence of experts as to, 118.
MEMORANDA—
When may be used in court, 98.
MIDWIFE—
Defamatory words when actionable, 130.
MISREPRESENTATIONS—
To obtain money, 142, 143.
MISTLETOE—1.
MORALS—
Expert opinions on, 115.
N.
NECESSARIES—
Medicine and medical aid, 35, 39.
Artificial teeth, 171.
NEGLIGENCE OF MEDICAL MEN—
Communicating contagious diseases, 22.
Liability for gross negligence, 55.
Judged from legal stand point, 56.
Defined, 56, 57.
Liability for, when causing injury, 57, 63, 167.
Medical men must exercise reasonable care and diligence, 58.
Sex no excuse, 61.
Where services are gratuitous, 65.
— — — voluntary, 65, 66.
Proximate cause, 69.
When requested to perform operation, 69.
Aggravated by nursing, 70.
General reputation unavailing, 71, 86.
Injurious treatment, 72.
Neglecting to attend, 72, 73.
Where not employed by patient, 74, 75.
Not liable for every mistake, 75.
Is a question for the jury, 76.
Amount of damages recoverable, 78–80.
Action for, does not survive against representatives, 80.
Where death is caused by, 80, 81.
Criminal negligence, 82–85.
Immaterial whether physician licensed or not, 83, 84.
Acting bona fide no criminal liability, 89, 90.
Patient affected by mortal disease, 90, 91.
Imputing want of skill, when actionable, 130, 133.
Of dentists, 162, et seq.
Of druggists, 177, et seq.
NEGLIGENCE OF PATIENT—
Responsible for careless choice of physician, 53.
Knowledge of physician’s ignorance, 57, 67.
Disobeying or neglecting orders, 67, 68.
What is contributory negligence, 68.
Insane patient’s negligence, 69.
NEW YORK—
Who may practise in, 49–51.
NURSING—
Aggravating the case, 70.
Liability of medical man for, 70.
O.
ONTARIO—
Who may practise medicine in, 45.
— — — dentistry in, 162.
— — — as druggists in, 176.
OPINION—See EXPERT EVIDENCE.
P.
PARENT AND CHILD—
Liability of parent for doctor’s bill, 33.
Rule in England and United States, 37, 38.
Statutory liability in England, 38, 39.
PARTNERSHIP AMONG MEDICAL MEN—
Definition of, 189.
General rules applicable, 189.
Fraudulently inducing one to enter into, 189.
Conduct of partners, 190.
Dissolution, 190.
Interest of survivor, 191.
PATIENT—See RELATIONS WITH.
Calling homœopath, 54.
Physician not bound to take, 57, 72.
Must exercise prudence in selecting doctor, 67.
Must co-operate with doctor, 67, 68.
Must exercise ordinary care and prudence, 68, 69.
Physician withdrawing from, 73, 74.
Not employing physician, 74, 75.
Suffering from mortal disease, 90, 91.
Submitting to dangerous operation, 91.
Communication with physician not privileged, 93.
PAYMENT OF MEDICAL MEN—See FEES.
Physician called in by stranger, 32–35.
Wife may bind husband for, 35, 36.
As between parent and child, 35–39.
— — master and servant, 40.
Paupers, 40.
Liability of railways in accidents, 40, 41.
PECULIAR PEOPLE—38, 39.
PERSIA—
Medical fees in, 19.
PHARMACY, COLLEGE OF—
In Ontario, 175, 176.
POISONS—
Should be marked, 184.
Selling illegally, 185.
POST MORTEM—
Fees for, 27.
PRACTISE—
Who may, 42, et seq.
Contracts not to, 192, 193.
PRACTICE—
Sale of, 191, 192.
PRIVILEGED COMMUNICATIONS—
Communications between physician and patient not, 93.
Are by statute in some States, 94, 95.
Must be lawful to be, 95.
Necessary for physician to prescribe, 95.
Report of officer of insurance company, 96.
Defamatory statements when, 136, 137.
PROFESSIONAL EVIDENCE—
Representation by patient as to malady, 96–98.
Mem. made by physician, 98, 105.
Scientific books not admissible, 99–105.
Dying declarations when admissible, 105.
Entries against interest admissible, 105.
Rules for guidance of medical witness, 106, 107.
Exclusion of experts, 120.
Q.
QUACKS—
When medical men may be called, 133, 134.
When not, 132.
R.
RASHNESS—86.
REGISTRATION OF MEDICAL MEN—
Before recovery of fees, 17, 18, 45.
Before practice in England and Ontario, 44, 45.
Who may be registered in England, 44.
— — — — — Ontario, 45.
Non-registered practitioners are quacks, 133.
Striking off registry for felony, 148.
REGULAR PHYSICIAN—
An allopathic, 51.
REPRESENTATION BY PATIENT—
As to malady, when evidence, 96–98.
REPUTATION—
Unavailing in accidents for negligence, 71, 86.
RESTRAINT OF TRADE—
When such contracts are allowable, 192, 193.
RESURRECTION—
Stealing winding sheet, 152.
Taking body a misdemeanor, 154.
Assisting at, 156.
Civil liability for, 157.
Ordered in proper cases, 159.
RELATIONS WITH PATIENTS—
No one can take advantage of a trust reposed, 138.
Practitioner must shew fairness of dealings with patients, 138.
Undue influence, when inferred, 138–140.
Gifts to medical men set aside, 139, 140.
Exorbitant charges relieved against, 140.
When patient has independent advice, 140, 141.
Contracts open and fair, 141.
Wills in favour of medical men, 141, 142.
Misrepresentations by medical men, 142.
Promises of cure, 143.
Duties in cases of small-pox, 143.
Right to limbs, 143.
Assaults on patients, 144–146.
ROYAL COLLEGE OF PHYSICIANS. Edinburgh—11.
ROYAL COLLEGE OF PHYSICIANS. Ireland—11.
ROYAL COLLEGE OF PHYSICIANS. London—9.
S.
SALE OF PRACTISE—191, 192.
SCHOOLS OF MEDICINE—
The law favors no school, 42, 43, 47, 51, 115.
Physician must practise according to his school, 52.
Considered in determining skill needed, 63, 64.
Experts may be of any school, 115.
SCIENTIFIC BOOKS—
Not admissible as evidence, 99.
Rule different in Iowa and Wisconsin, 100.
Cannot be read to jury, 100–103.
Can be used to test witness, 101.
Can be read to jury in some States, 103–105.
When cannot be quoted to jury, 105.
Can be read to the court, 105.
SCOTLAND—
Early practitioners in, 5.
SIGN—
An evidence of professional character, 64.
Of dentists in old days, 161.
Misleading, 173.
SKILL—
Physician must have ordinary, 57, 58.
What is ordinary, or reasonable skill, 59.
Amount required, 59–62.
— — varies, 60, 61.
Liability if skill not applied, 62.
Skill and diligence must be joined, 63.
School considered in determining, 64.
Proof of skill, 64.
Required in non-professional, 64, 65.
— — volunteer, 65.
— — gratuitous services, 65, 66.
— — dentists, 162.
SLANDER—See DEFAMATION.
SMALL-POX—
Duties of physician in cases of, 143.
Innoculation, 147.
Exposing patients with, 147.
SMITHS—
As practitioners, 4.
SUPERSTITIOUS PRACTICES—2, 3, 8.
SURGEONS—
United with barbers, 4–6.
Union dissolved, 5.
Qualification under Henry VIII, 9.
Fees, 15.
Right to amputated limbs, 143.
Attending duels, 144.
T.
TEETH—
Value of, 166.
Dentists pulling wrong tooth, 163.
Artificial, need not be perfect, 163, 168.
Contract for purchase of, 169.
Artificial are necessaries, 171.
U.
UNDUE INFLUENCE—
When exercised over patient, 138, 140.
Setting aside will for, 141, 142.
Exercised by dentist, 171.
UNITED STATES—
As a rule any one may practise, 47.
The law sometimes interferes, 47.
Statutory requirements, 48, 51.
UNPROFESSIONAL MEN—
Liable for gross negligence, 65.
Liability for gratuitous services, 66, 67.
When criminally liable, 92.
Admitting, at a confinement, 144.
UNREGISTERED PHYSICIAN—
Practising for reward, 45, 46.
— — charity, 46.
V.
VACCINATION—
Negligence of physician, 22.
VISITS—
Physician best judge of number, 23.
As a friend, 24.
VOLUNTEER—
Held more strictly than one called in, 65, 66.
W.
WIFE—
May generally bind husband to pay doctor, 35, 36.
But husband may select physician, 36.
Cannot bind him for clairvoyant services, 36.
Selling deleterious drugs to, 186.
WILL—
In favour of medical man, 141, 142.
WITNESS—See EXPERTS.
Fees to medical men, 26, 37.
WOMEN PHYSICIANS—
Among the Druids, 2.
In England in early times, 2, 3, 10, 14.
Penalty for practising, 7.
In Greece and foreign lands, 13.
In United States, 14.
In England under the Medical Act, 14.
In Ontario, 14.
As liable for negligence as men, 61.