Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 — John Shaqi
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
But, however this may be, it is a principle of professional ethics,
which has almost acquired the authority of legal doctrine, that a
physician in charge of a case should obtain the full assent of a
patient, or of his family and friends, if he is too ill to give his own
consent, to the calling of another physician in consultation.
_No Other Stranger can be Called into Sick-Room without Assent of
Patient._—A limitation upon the authority and right of an attending
physician is, that if he desires or attempts to call in a stranger not
a physician, he must obtain his patient’s consent. The obligation of
a physician toward his patient of secrecy and confidence is regarded
as very strict, and if a physician should call in a student or other
stranger, without first consulting his patient, or those who are in
some measure related to him and connected with him, it would be a very
severe stretch of morals and possibly of law. In fact, in a recent case
in Michigan, a physician was held liable for damages who called in a
stranger, an unmarried man, who was an unprofessional man, to be with
him while he was in attendance on a confinement case. In that case both
the physician and the person so called in, and who was present at that
time, were held liable in damages; and it was further held that the
right to recover was not affected by the fact that the patient supposed
that the person so called in was a medical man, and therefore submitted
to his presence without objection.[174]
The statutes which create the privilege as to professional
communications and information necessary to enable the physician to
prescribe, might not apply to students or other strangers, and this is
probably the reason for the rule of law laid down in the Michigan case.
The obligation to preserve inviolate a communication as a privileged
communication, including in the meaning of the word “communication”
all knowledge or information received while in attendance upon a case,
would be held to have been broken by the act of the physician in
bringing in a stranger who would not be privileged from testifying.
MEASURE OF RECOVERY FOR SERVICES RENDERED.
_Terms of Express Contract Govern—Reasonable Worth the Rule in Implied
Contracts._—In case of an express contract its terms necessarily
measure the amount of the charges. In the absence of an express
contract fixing the value of the services to be rendered, the measure
of damages for breach of payment is like that in any other case of
personal services, the reasonable worth and value of the services
performed. So likewise if medicines or appliances are furnished, which
are not reasonably to be expected and furnished, according to the
custom of the school to which the physician or surgeon belongs, the
reasonable worth and value at the time of furnishing them, and at the
place of furnishing them, is the measure fixed by the law to determine
what shall be recovered for them.[175]
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