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
Almost anything may be stipulated which is not contrary to public
policy, and a breach of any such stipulation entitles the aggrieved
party to rescind the contract and cease from performing it.[163]
_Qualifications of the Rule that Express Contracts may Include any
Stipulation._—Some qualifications of this rule of law must, however,
be noted. A breach by the patient of any one of these stipulations
would entitle the physician to treat the engagement as terminated like
any other contractual relation, and to bring his action for a recovery
for services rendered up to the time of the breach; but it is doubtful
whether he would have any action for damages for failure to permit him
to perform further services. This doubt arises from the legal doctrine,
hereinbefore referred to, that a patient is always at liberty to
dismiss his physician at any time without notice, and without assigning
any cause, which recognizes and grows out of the fact that if the trust
and confidence of the patient are destroyed, or impaired, no matter how
unreasonably or unjustly, the relation between them must thereafter
be unprofitable to both parties, and dangerous to the patient. On the
other hand there is little doubt but that whenever an express contract
is made by a physician to treat a patient for a certain length of time
for a particular disease or injury, the physician is not at liberty to
arbitrarily terminate that relation or his connection with the case,
unless he has in the contract specifically reserved the right so to do.
_Contracts Making Payment Contingent upon Successful Treatment
Valid._—The express contract between the parties may also contain a
stipulation, by which the physician makes his compensation contingent
upon his effecting a cure. Smith _v._ Hyde, 19 Vt., 54; Mack _v._
Kelly, 3 Ala., 387. See also Coughlin _v._ N. Y. Cen. R. R. Co., 71
N. Y., 443. In such a case, however, if the patient does not permit
the physician opportunity to treat him during the time named in the
contract, or for a reasonable time, if no specific time is fixed, the
courts would probably permit the physician to recover a reasonable
compensation for his services for the time during which he treated his
patient.
_Physician must Allow Reasonable Time to Supply his Place if he
Quits his Patient._—In any event, whether the contract be express
or implied, conditional or unconditional, the law through motives of
public policy, and with a just regard for the welfare of the sick and
injured, undoubtedly requires that if a physician has once taken charge
of a case, and determines to abandon it, he must give the patient
reasonable notice and reasonable opportunity to supply his place. If he
fails to do this he is liable in damages for the results that follow as
the proximate consequence of his abandoning the case.
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