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
_Courts may Compel Granting of License._—A person who is qualified
and complies with reasonable rules of a licensing body, can compel
such body to license him. This was held to be the law in the case of
The People _ex rel._ Bartlett _v._ The Medical Society of the County
of Erie, which is also an important authority in respect to a vexed
question of medical ethics. It appeared in that case that under the
general laws of New York in regard to the organization of medical
societies, a medical society had refused to receive as a member a
person otherwise qualified, because he had advertised in the public
prints a certain cure, including a mechanical appliance used in
treating throat troubles; it being forbidden by the code of ethics of
the American Medical Association, which the County Medical Society
had adopted as one of its by-laws, that a physician or surgeon should
advertise. The Court of Appeals of the State of New York held that this
constituted no defence to a proceeding instituted by such person to
obtain a mandamus compelling the society to admit him to membership, if
otherwise qualified.[156]
It has also been decided that a medical society had no right to make
a by-law establishing a fixed fee-bill, or tariff of charges, and
providing for the expulsion of a member charging at a different rate
than that prescribed. Such a by-law was declared unreasonable and void
in the case of People _v._ Medical Society of Erie County, 24 Barb.,
570.
The effect of these decisions was, so far as they affect the validity
of by-laws, attempted to be avoided in that State by Chapter 445 of
Laws of 1866, by which it is expressly enacted that the county medical
societies of the State of New York may make such rules and by-laws as
they see fit, “not inconsistent with the laws of said State, and may
enforce them by expulsion or other discipline.” It may be considered
doubtful whether this legislation can accomplish its purpose in the
case of the adoption of a by-law void as against public policy.
=No Particular Schools Recognized by the Courts.=—The general trend of
the decisions in all the States, whenever any questions in reference
to schools of medicine have been before our courts, is to avoid
recognizing any particular system or school. The theory of the New
York courts upon this subject is well expressed by the liberal-minded
and learned Judge Daly in the New York Court of Common Pleas, in the
case of Corsi _v._ Maretzek, 4 E. D. Smith, 1-5. In that case it was
claimed that a certificate of incapacity because of sickness, given
by a “homœopathic” physician to an opera-singer, was not binding. It
was argued that the employment of a “homœopathic” physician under the
contract did not fulfil a provision thereof which required the event of
the singer’s sickness to be certified to by “a doctor,” to be appointed
by the director.
Public-domain text, read in full here on John Shaqi.
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