The Cleveland Medical Gazette, Vol. 1, No. 4, February 1886Various
History
The Cleveland Medical Gazette, Vol. 1, No. 4, February 1886
Various
Medicine -- Periodicals; Surgery -- Periodicals
Dr. F. C. Hotz said that the extract of his letter to Dr.
Doering, which was incorporated in the paper, indicated that at the
time it was written he did not think favorably of the project. And,
after listening with much interest to the doctor's arguments, he saw no
reason for changing his opinion. Professional reputation and honor is
the most personal of all personal property; if he lost it, it does not
hurt anybody but himself, and therefore if any attack be made on it he
should certainly wish to employ among the able lawyers the one in whose
ability he had the greatest confidence. But he was not sure whether the
lawyer retained by this protective union would be the one to whom he
should like to trust the defense of his reputation. The attorney might
be able, or abler, than the lawyer of his own choice; but should the
case go against him, he should never feel satisfied that the lawyer
had done all that could be done for him unless he had full confidence
in him. It is with the lawyer as with the physician, a question of
confidence, and his patrons find no fault with his treatment as long as
they have implicit faith in his ability.
An objection of greater weight, however, has been urged by several of
the doctor's correspondents in asking what possible effect it might
have if the fact was brought out in court that the defendant belonged
to such a union? The lawyers whose opinions were obtained and read by
the doctor, say it cannot legally affect the case. There is no doubt
but what this is true. But the verdict of a jury in malpractice suits
is not determined by the legal aspect of the case; and circumstances
which cannot have any legal effect upon the case have often made a deep
impression upon a jury and decided the case against the physician.
To illustrate: In Dr. Bettman's first trial, the experts of the
prosecution testified so unreservedly in the doctor's favor that had
the case been submitted to the jury without arguments, the doctor
would have been acquitted at once. To fortify his cause Dr. Bettman's
lawyer called a number of experts, whose testimony was of course only
cumulative. Now what did the prosecuting lawyer do? Did he make an
effort to break down the expert evidence by scientific arguments? No,
sir; but he wiped out its effect upon the jury by the mere waving of
his hand, speaking thus: "The defense has piled up a mountain of expert
evidence. But, gentlemen of the jury, what does it all amount to? These
doctors are working together in the same hospital. Don't you see they
have a common interest to sustain each other, because every one of them
may be in the same fix some day? Don't you know they are clannish?
They wont admit that one of them can make a mistake. O, no!" One could
fairly see the impression this harangue made upon the jury, and they
rendered a verdict against the doctor, though it is certain the lawyers
will say the fact of his being associated with the experts in the
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account