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
The next branch of the jurisdiction of the College is yet more
important, as it extends to the control and punishment of _Mala
Praxis_[99], whether by persons licensed or unlicensed. On this head the
leading case is that of _Groenvelt and Burwell_[100], (1 _Comyns_ 76: 1
_Salk_ 396; _see Appendix_). A complaint having been made to the College
of Physicians, informing them that Dr. _Groenvelt_ had administered
Cantharides in powder, he was summoned before the Censors and by them
committed for _mala Praxis_; for this imprisonment he brought his action
in the King’s Bench, _Trin._ 12 _Will._ 3. from which it appears that
“The Censors of the College of Physicians in London are impowered to
inspect, govern, and censure all Practisers of Physic in _Civitate_
London and seven miles round, so as to punish by fine, amerciament, and
imprisonment. Per _Holt_ Ch. J. the Censors _have a judicial Power_; for
a power to examine, convict, and punish, is judicial, and they are
judges of record because they can fine and imprison, and being judges of
the matter, what they have adjudged is not traversable.”
In _mala Praxis_ it matters not whether the party offending be a member
of the College, a Licenciate, or an unlicensed Practitioner, for the
Statute gives jurisdiction over all Physicians whatsoever, “_habeant
supervisum et scrutinium, correctionem et gubernationem omnium et
singulorum dictæ civitatis medicorum utentium facultate Medicinæ in
eadem civitate ac aliorum medicorum forensicorum quorumcunque facultatem
illam medicinæ aliquo modo frequentantium et utentium infra eandem
civitatem et suburbia ejusdem sive infra septem miliaria in circuitu
ejusdem civitatis_,” and Ch. J. _Holt_ says, “Though a person be not one
of the College, yet if he practise Physic within their jurisdiction, he
ought to subject himself to the law as well as any other.” 12 _Mod_ 393.
And for those who are not Physicians but have assumed the character,
they must take it _cum onere_, and will be estopped from pleading the
illegality of their practice when punished for the irregularity of their
prescriptions: it is to be wished however that the words of the Charter
were more explicit in this particular.
Nor are the Censors liable to any action for error in judgment, for
“though the Pills and Medicines were really _Salubres Pilulæ et bona
Medicamenta_, yet no action lies against the Censors; because it is a
wrong judgment in a matter within the limits of their jurisdiction, and
a judge is not answerable, either to the king or the party, for the
mistakes or errors of his judgment, in a matter of which he has
jurisdiction: it would expose the justice of the nation, and no man
would execute the office upon peril of being arraigned by action or
indictment for every judgment he pronounces.” (1 _Salk_, 397).
Public-domain text, read in full here on John Shaqi.
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