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
_Rule in Leading Case of Lanphier v. Phipos._—In the case of Lanphier
_v._ Phipos, 8 C. & P., 478, already cited, Chief Justice Tyndall
enunciated the rule as to the degree of skill required of a physician
or surgeon, which has been followed by all the courts since then. He
said: “Every person who enters into a learned profession undertakes to
bring to the exercise of it a reasonable degree of care and skill. He
does not, if he is an attorney, undertake at all events to gain the
cause, nor does a surgeon undertake that he will perform a cure; nor
does the latter undertake to use the highest possible degree of skill,
as there may be persons of higher education and greater advantages
than himself; but he undertakes to bring a fair, reasonable and
competent degree of skill. And in an action against him by a patient,
the question for the jury is whether the injury complained of must be
referred to a want of proper degree of skill and care in the defendant,
or not. Hence he is never presumed to engage for extraordinary skill,
or for extraordinary diligence and care. As a general rule, he who
undertakes for a reward to perform any work is bound to use a degree
of diligence, attention and skill, adequate to the performance of his
undertaking; that is, to do it according to the rules of the art;
_spondet peritiam artis_. And the degree of skill arises in proportion
to the value and delicacy of the operation. But he is in no case
required to have more than ordinary skill, for he does not engage for
more.”
_Physician Must Instruct Patient how to Care for Himself, etc._—A
corollary of these rules is, that the physician must give proper
instruction to his patient how to take care of himself, how to manage a
diseased or injured member, when and how to take any medicines that may
be prescribed, what diet to adopt, and that in case the physician fails
to give these instructions he is liable for any injuries that result
from this failure. Carpenter _v._ Blake, _supra_.
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