Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
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Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
No action can be brought against the council or committee for anything
done _bona fide_ under this act notwithstanding want of form in the
proceedings. Any person whose name has been ordered erased may appeal
from the decision of the council to any division of the high court
at any time within six months from the date of the order of erasure,
and the judge may make such order as to restoration, confirmation, or
further inquiries by the committee or council and as to costs, as to
him shall seem right (_ib._, s. 37, as amended Act 1891, c. 26, s. 5).
The appeal may be by a summons served on the registrar to show cause,
and is founded upon a copy of the proceedings before the committee, the
evidence taken, the committee’s report, and the order of the council
certified by the registrar. The registrar is required to furnish to any
person desiring to appeal a certified copy of all proceedings, reports,
orders, and papers on which the committee acted, on payment of five
cents a folio (_ib._, s. 38, as amended Act 1891, c. 26, s. 6).
The Act of 1891, c. 26, s. 7, provides for procuring the attendance of
witnesses before the committee, and for payment of costs by the person
whose name has been directed to be erased.
RIGHTS OF REGISTERED PERSONS.—Every person registered is entitled
according to his qualifications to practise medicine, surgery, or
midwifery, or any of them, as the case may be, and to demand and
recover with full costs reasonable charges for professional aid,
advice, and visits and the cost of any medicine or other medical or
surgical appliances rendered or supplied by him to his patient (_ib._,
s. 39).
LIMITATIONS.—One year after the termination of professional services
is established as a period of limitations to an action for negligence
or malpractice by reason thereof against duly registered members of
said college (_ib._, s. 40).
EVIDENCE.—The register is required to be printed and published, and a
copy thereof purporting to be so printed and published is _prima facie_
evidence that the persons specified are registered; and, subject to the
provisions of subsection 2 of this section, the absence of the name of
any person from such copy shall be _prima facie_ evidence that such
person is not registered (_ib._, s. 41 [1]).
In case of the name of a person not appearing in such copy, a certified
copy, under the hand of the registrar, of the entry of the name on the
register is evidence that such person is registered (_ib._, s. 41 [2]).
ANNUAL CERTIFICATE OF REGISTRATION.—Every registered medical
practitioner is required to obtain from the registrar annually, before
December 31st, a certificate under seal of the college that he is a
duly registered medical practitioner (Act 1891, c. 26, s. 8).
Public-domain text, read in full here on John Shaqi.
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