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
These rights are not granted him arbitrarily by the state; they are
founded in natural justice, but made definite and enforced by human
legislation. Take, for an example, his right to receive due
compensation for his services. This right was not recognized by the old
Roman law in the case of advocates and physicians, nor by the common law
of England until the passing of the Medical Act in 1858. Surgeons and
apothecaries could receive remuneration for their services, but not
physicians. These were presumed to attend their patients for an
_honorarium_ or honorary, that is, a present given as a token of honor.
Certainly, if Doctors by common agreement waived their right to all
compensation, or agreed to be satisfied with any gift the patient might
choose to bestow, they would be entitled to honor for their generosity;
but they are not obliged to such conduct on the principles of natural
justice. For by nature all men are equal, and therefore one is not
obliged, under ordinary circumstances, to work for the good of another.
If he renders a service to a neighbor, equity or equality requires that
the neighbor shall do a proportionate good to him in return. Thus the
equality of men is the basis of their right to compensation for services
rendered. The physician's right to his fee is therefore a natural right,
and on his patient rests the natural duty of paying it. Not to pay the
Doctor's bill is as unjust as any other manner of stealing.
As to the amount of compensation to which the Doctor is justly entitled,
Ewell's "Medical Jurisprudence" remarks: "By the law of this country,
all branches of the profession may recover at law a reasonable
compensation for their services, the amount of which, unless settled by
law, is a question for the jury; in settling which the eminence of the
practitioner, the delicacy and difficulty of the operation or of the
case, as well as the time and care expended, are to be considered. There
is no limitation by the common law as to the amount of such fees,
provided the charges are reasonable. The existence of an epidemic does
not, however, authorize the charge of an exorbitant fee.
"A medical man can also recover for the services rendered by his
assistants or students, even though the assistant is unregistered; it is
not necessary that there should be any agreed specified price, but he
will be allowed what is usual or reasonable.
"It is not the part of the physician's business, ordinarily, to supply
the patient with drugs; if he does so he has a right to compensation
therefor. If the agreement is "No cure, no pay," he cannot, however,
even recover for medicines supplied, if the cure is not effected. His
right to recover for professional services does not depend upon his
effecting a cure, or upon his service being successful, unless there is
a special agreement to that effect; but it does depend upon the skill,
diligence, and attention bestowed" (pp. 3 and 4).
Public-domain text, read in full here on John Shaqi.
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