Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
We have noticed that the reasons alleged by Writ of Error against the
judgment of the Court of King’s Bench in the case of _The College of
Physicians against Rose_, do not appear to us to have been legally
satisfactory, the judgment of the King’s Bench[98] however was reversed,
(_see_ 1 _Brown’s Parl. Ca._ 78. _and Appendix_, 126), and consequently
the greater portion of the practice of Physic has been transferred to
the Apothecaries. This was for some time a very serious evil; they who
had been educated as mere compounders, suddenly became prescribers of
medicine; it is easy to conceive how large a portion of ignorance and
empiricism was thus let loose upon the public: the mischief has indeed
gradually decreased, as many men of liberal education have entered the
field thus enlarged for them, and the natural effect of competition has
induced improvement; still something is wanting. In large towns and
among the higher and middle classes of society, talent and mediocrity
soon find their proper levels; but at a distance in the country,
ignorance and imposture may erect their stages at least with impunity,
and more than probably with success; we have ourselves heard most
lamentable accounts of the mal-practice to which the poor and ignorant
have been subjected by low country practitioners and their assistants;
for the interpretation of the law which let in the Apothecary to
unrestrained practice, could not exclude the apprentice, and we
therefore find the shop-boy in cases of emergency visiting and
prescribing for his master’s poorer patients.
For these, among other reasons, the Apothecaries’ Company have obtained
an Act of Parliament to alter and enlarge the powers of their Charter.
“And whereas much mischief and inconvenience has arisen from great
numbers of persons in many parts of England and Wales exercising the
functions of an Apothecary who are wholly ignorant, and utterly
incompetent to the exercise of such functions, whereby the health and
lives of the community are greatly endangered; and it is become
necessary that provision should be made for remedying such evils; Be it
therefore, &c.” This passage, from a Statute solicited by the
Apothecaries themselves, will exonerate us from any imputation of
illiberal remark; we sincerely hope that the Act will produce the
intended benefit, though when we have occasion to treat of it more at
large under the head of the _Apothecaries Company_, we may have occasion
to point out some particulars in which we think it might be amended.
We have thus cited the leading cases on unlicensed practice, and the
authorities which we have quoted will enable the medical reader desirous
of better information, to pursue the enquiry to the fountain head.
“_Melius est petere fontes quam sectare rivulos._”
Public-domain text, read in full here on John Shaqi.
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