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
In addition to the rules and regulations prescribed by the general
statutes, modern sanitary science has developed so broadly throughout
most of the civilized states and countries, that the different
governments have established state boards of health, and in many
instances local boards of health, the latter being limited in their
authority and operation to specific municipal divisions, to which
boards the government has committed the power to pass certain sanitary
rules and regulations, which rules and regulations may have an
important bearing upon and relation to the practice of medicine and
surgery. The jurisdiction and powers of these boards are to be found
in the special statutes creating them, and prescribing their powers
and duties, and cannot be treated of extensively here. They will be
considered further under the special subjects to which they relate.
_Physicians Bound to Report Contagious Cases and Not Liable for
Mistaken Report._—The duty to promptly report[161] to boards of
health every case of contagious or infectious disease is manifest.
CHAPTER III.
OF THE CONTRACTUAL RELATION BETWEEN PHYSICIAN AND PATIENT.
EMPLOYMENT AND RIGHTS IN REGARD TO COMPENSATION.
_Legal Character of the Employment._—Whatever may have been the
theories of the Roman civil law, and following it of the early English
common law, as to the character of the employment of physicians and
other professional men, it is now so well settled that the reciprocal
duties and obligations arising between physician and patient, or
attorney and client, and the like, are to be classed under and
governed by the law of contracts, that any extended discussion of
these theories is unnecessary here.[162] Mr. Ordronaux, in the second
chapter of his interesting work on the “Jurisprudence of Medicine,”
has considered them fully, and has quoted amply from the books of the
earlier and later text-writers, and from the expressions of the judges,
to show what these theories and rules were; and he and all later
authorities agree that the ancient notion, that professional services
are always gratuitous unless a special contract to pay for them is
made, has long been abandoned. He observes (pp. 13 and 14): “But in
our day the increase in the number of professional practitioners, and
their exclusive devotion to a special class of services as a means
of living, has essentially modified the practical character of the
contracts with their patrons. Although in legal acceptation a mandate,
yet from force of circumstances growing out of an altered state of
society, the _mandate_ is practically changed into a contract of hire
(_locatio operis_). _This doubtless reduces professions to the status
of artisanship_, and places them on a par with manual labor, conjoined
to the special skill of a particular calling. But it also simplifies
the contract, removes it from the category of innominate or imperfect
obligations, requiring the intervention of legal fictions to furnish
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