Moral Principles and Medical Practice: The Basis of Medical JurisprudenceCoppens, Charles
Philosophy
Moral Principles and Medical Practice: The Basis of Medical Jurisprudence
Coppens, Charles
Medical ethics; Medical jurisprudence
A wise physician has many proper ways of providing for the health and
strength of both parents and children without advocating practices which
are a snare for innocence. Let him insist with all his patients on the
cultivation of healthful habits for the family and the individual;
wholesome and not over-delicate food; moderation in eating and drinking;
regular and manly exercise, especially in the open air; early hours for
retiring and rising. But, above all--and this is directly to our present
purpose--let him show the greatest regard for the laws of morality, the
main support of individual and social happiness. His views upon such
matters, manifested alike in his conduct and his conversation, but
especially in his management of cases involving the application of moral
principles, will go far to influence the community in which he moves.
His task is to be a blessing to his fellow-men, a source of happiness
and security to individuals and to society.
LECTURE VI.
THE PHYSICIAN'S PROFESSIONAL RIGHTS AND DUTIES.
Gentlemen, so far I have explained the duties which the physician has in
common with all other men, and which arise directly from the natural law
independently of any civil legislation. The natural law requires the
Doctor to respect the life of the unborn child, thus forbidding
craniotomy and abortion. It also obliges him to protect his patients
from the baneful effects of venereal excesses. Over these matters human
law has no control, except that it may and ought to punish such overt
acts as violate the rights of individuals, or seriously endanger the
public welfare.
We shall now consider the physician's natural rights and duties in
regard to matters which civil and criminal legislation justly undertake
to regulate. One of the chief functions of civil authority is to provide
for the observance of contracts. Now, the physician in his professional
services acts under a double contract, a contract with the state and a
contract with his individual patients. By accepting his diploma of M.D.
from the college faculty, and indirectly from the civil authority, he
makes at least an implicit contract with the state, by which he receives
certain rights conditioned on his performance of certain duties. In
offering his services to the public, he also makes an implicit contract
with his patients by which he obliges himself to render them his
professional services with ordinary skill and diligence on condition of
receiving from them the usual compensation.
I. The chief rights conferred on him by the state are these:
1. Protection against all improper interference with his professional
ministrations.
2. Protection for his professional career by the exclusion of
unauthorized practitioners.
3. Immunity from responsibility for evil consequences that may result
without his fault from his medical or surgical treatment of patients.
4. Enforcement of his right to receive due compensation for his
professional services.
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