Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 — John Shaqi
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
action of the crown and place him under the protection of the law.
They were deemed to be equivalent to ‘the law of the land.’ In this
country the requirement is intended to have a similar effect against
legislative power, that is, to secure the citizen against any arbitrary
deprivation of his rights, whether relating to his life, his liberty,
or his property. Legislation must necessarily vary with the different
objects upon which it is designed to operate. It is sufficient, for
the purposes of this case, to say that legislation is not open to the
charge of depriving one of his rights without due process of law, if
it be general in its operation upon the subjects to which it relates,
and is enforceable in the usual modes established in the administration
of government with respect to kindred matters: that is, by process or
proceedings adapted to the nature of the case.”
EARLY COMMON-LAW RULE CONCERNING SUITS BY PHYSICIANS.
The common-law rule was that the physician could not sue and recover
for his services, though he might for the medicines he furnished. The
theory of the law followed the etiquette of his profession and forbade
him from making a specific contract for pay for his services, and
obliged him to receive what his patient chose to give him, which was
called his “_honorarium_.”
_The Early Common-Law Rule No Longer in Force._—As time went on this
theory vanished from the law. For many years it has lost its place
among the rules of professional etiquette. In its stead statutory
provisions have been adopted which forbid a recovery for services
performed by persons not legally authorized to practise. The right to
contract with the patient or with those who employ the medical man, and
his remedies to enforce such contracts, will be treated of hereafter.
_Statutory Regulations in New York State._—Most of the States of the
United States have enacted statutory regulations prescribing in one
form or another the necessary qualifications which entitle a physician
or surgeon to practise, and prescribing penalties for practising
without having complied with such statutory requirements. In the State
of New York such matters were regulated for the first time by statute
in 1787. This was followed by a general enactment on the subject of
the organization of county medical societies, and of State medical
societies having boards of censors, to whom was committed the power to
examine applicants for license to practise, and of issuing licenses
(Laws of 1813, p. 94). This law remained in force, with certain
modifications, until 1844, when all acts regulating the practice
of medicine and surgery were repealed. A history of the statutory
regulations in New York State up to the act of 1844 on this subject
will be found in the case of Bailey _v._ Mogg, 4 Denio, 60.[154]
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