The Law and the doctor v. 1, 1903, Volum 1


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Side 32 - P. was attending the patient of the latter while he was temporarily absent. Even if it be admitted, therefore, that Dr. P. was employed by the defendant to attend upon the wife of the plaintiff, that fact did not render the defendant liable for his neglect or want of skill in the performance of this service, for an examination of the authorities will show that a party employing a person who follows a distinct and independent occupation of his own Is not responsible for the negligent or improper acts...
Side 15 - ... defeat a suit for malpractice, nor mitigate a recovery against him, upon the principle that the skill and care required of a physician are proportioned to his expectation of pecuniary recompense. Such a rule would be of the most mischievous consequence : would make the health and life of the indigent the sport of reckless experiment and cruel indifference.
Side 15 - He may decline to respond to the call of a patient unable to compensate him ; but if he undertake the treatment of such a patient he cannot defeat a suit for malpractice nor mitigate a recovery against him upon the principle that the skill and care required of a physician are proportioned to his expectation of pecuniary recompense.
Side 7 - Counsel do not contend that, before the enactment of the law regulating the practice of medicine, physicians were bound to render professional service to every one who applied.
Side 7 - No question can exist as to the legal right of the physician, unless he be an officer of the Government charged with specific duties which he thereby violates, to decline to take charge of the particular case.
Side 10 - ... he was bound to possess that skill only which physicians and surgeons of ordinary ability and skill, practicing in similar localities, with opportunities for no larger experience, ordinarily possess ; and he was not bound to possess that high degree of art and skill possessed by eminent surgeons practicing in large cities, and making a specialty of the practice of surgery.
Side 11 - Upon consenting to treat a patient, it becomes his duty to use reasonable care and diligence in the exercise of his skill and the application of his learning to accomplish the purpose for which he was employed. He is under the further obligation to use his best judgment in exercising his skill and applying his knowledge.
Side 44 - ... not pretended existed in this case. The plaintiff had a legal right to the privacy of her apartment at such a time, and the law secures to her this right by requiring others to observe it, and to abstain from the violation.
Side 5 - the even tenor" of his professional way, the doctor may suddenly be confronted with a summons and complaint in an action for malpractice, or may be called as an expert witness in a similar suit against a colleague. While it is not our intention to urge the physician to become his own lawyer, we believe that he should acquaint himself with the fundamental principles of medical jurisprudence, so that he may be reasonably well prepared to defend his own or his brother physician's rights and privileges...
Side 15 - Whether the patient be a pauper or a millionaire, whether he be treated gratuitously or for reward, the physician owes him precisely the same measure of duty and the same degree of skill and care.

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