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
As to the question of Jurisprudence whether the courts _ought_ to treat
the physician's official secrets as privileged, in the same way as they
do a lawyer's secrets, this will depend on the further question whether
the same reasons militate for the one as for the other. The lawyer's
privilege is due to the anxiety of the state not to condemn an innocent
man nor a guilty man beyond his deserts. To avert such evil, the accused
party needs the assistance of a legal adviser who can guide him safely
through the mazes and technicalities of the law, and, even should he be
guilty, who can protect him against exaggerated charges and ward off
unmerited degrees of punishment. Now, this can scarcely be accomplished
unless the attorney for the defence learn from his client the entire
truth of the facts. But the client could not safely give such
information to his lawyer if the latter's professional secrets were not
held sacred by the court of justice.
Can the same reasons or equivalent ones be urged in behalf of the
physician? I do not see that they can. And I notice besides that, if he
be excused from testifying against his patients, all their servants and
attendants would seem to be entitled to the same privilege. Many
persons, I think, labor here under a confusion of ideas; a Doctor is as
sacredly bound to keep his patients' secrets as a lawyer is in regard to
his clients, but it does not follow that the law cannot grant a
privilege to the one and refuse the same to the other, for reasons which
require it in the case of the lawyer and not in that of the Doctor.
III. Besides the rights and duties which arise for the physician from
his contracts with the state and with his patients, there are other
claims on his conscience, which proceed from his character as a man, a
Christian, and a gentleman.
1. _As a man_, he is a member of the human family, not a stranger
dwelling amid an alien race, but a brother among brothers. He cannot
say, as did the first murderer, Cain, "Am I my brother's keeper?" But
rather he must carry out the behest of the great Father of the human
family: "God has given to each one care of his neighbor."
The maxim of Freemasons is that every member of that secret society must
come to the assistance of every brother-mason in distress. But the law
of nature and of nature's God is wider and nobler; it requires every man
to assist every fellow-man in grievous need. The rich glutton at whose
door lay Lazarus dying of want was bound, not by any human but by the
higher law, to assist him; and it was for ignoring this duty that the
soul was buried in hell, as the gentlest of teachers expresses it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account