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
And in another case where information of the fact of the employment
had been conveyed to the company’s general manager, and he had
neglected and omitted to repudiate the employment or to terminate it,
and the surgeon went on and performed services, it was held that from
these facts a ratification will be inferred. Indianapolis R. R. Co.
_v._ Morris, _supra_. See also Toledo, etc., R. R. Co. _v._ Rodrigues,
_supra_; Same _v._ Prince, _supra_; Terre Haute, etc., R. R. Co. _v._
Stockwell, 118 Ind., 98.
_Presentation and Retention of Doctor’s Bill Raises No Presumption of
Liability._—The presentation of a bill to a person containing charges
against him for services rendered another person, and his retention
of that bill without disclaimer of liability, does not raise a
presumption of liability, for it is not necessarily an account stated.
To constitute an account stated, there must be not only a statement of
account, but acquiescence in it; mere retention of the account is not
sufficient.
_Bills Presented Not Conclusive as to Amounts Charged._—On the other
hand, if a bill is presented which contains charges which are not
acquiesced in, the person making out and presenting the bill is not
absolutely bound by the charges therein contained, although such a bill
affords some evidence as to the value of the services rendered.[170]
_Claims Against Estates of Deceased Persons._—A bill for a physician’s
services constitutes a claim against the estate of a deceased person,
like any other debt. In some States it is a preferred claim.[171] In
this connection it should be observed that short statutes of limitation
exist in most countries and States applicable to such cases, shorter
than the ordinary limitation imposed by law upon the right to sue upon
claims for services rendered (which is six years). In order to preserve
his legal rights, the physician should as soon as possible after the
death of the person for whom his services have been rendered, ascertain
who is the administrator or executor of the estate of such person, and
file with such representative, personally, proof of his claim.
_Patient who Receives Benefit of Services of Consulting Physician
Liable._—The liability of a patient for the services of a consulting
physician is generally governed by the same rules as his liability to
the physician in immediate charge of the case.[172]
Where the patient accepts the services of a consulting physician,
although he has not directly requested them, he must pay for them if
he receives the benefit of them without objecting, because it will be
presumed that he ratified the act of the physician who was in charge of
the case, in calling the other physician into consultation.[173]
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