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
same hospital should and could legally not prejudice the jury. But it
evidently did, all the same. And after such experience, can you for one
moment believe it would not damage the physician's cause if he and his
experts belonged to a society formed for the express purpose of mutual
assistance in malpractice suits. A mighty poor lawyer he would be who
could not make a great deal out of it before a jury.
Very interesting was that part of the paper in which the doctor evolved
his idea how his new society could prevent, ward off, malpractice
suits. He believes the shysters would not be so eager to engage in this
business if they knew they had to fight a corporation with plenty of
means to employ the best legal talent. Why this should discourage those
fellows it is hard to understand. They do not sue poverty-stricken
doctors. Whom they select for their victims they suppose to be rich,
and consequently able to employ a good lawyer. They do not expect to
have all easy game, but why should they not try it? They don't risk
anything by it. The blackmailer's stake is only two dollars and a
half for filing his application, and his lawyer's stake is his time,
which is not worth much anyhow. So you see they have nothing to lose,
but much to gain. What difference should it make to them whether the
opposing counsel is engaged by one physician or by one hundred? If
you wish to devise means by which this blackmailing nuisance can be
stopped, or at least reduced to a minimum, you must try to get to the
roots of the evil; that is, you must find the causes which usually
bring it forth. And you will not go far to find them, for you find
them right at your door, in your own profession, in the shape of
_indiscriminate dispensation of gratuitous services and of unkind
remarks of one physician about another_. Physicians are altogether too
quick to give their services gratis to almost any body at any time. But
you know very well people do not value very much what they can get for
the mere asking; they do not think much of what they get for nothing.
And it is also a widespread notion (especially among the lower educated
people) that the quality of service is regulated by the amount of money
they pay for it; that the treatment at a free dispensary, because
gratuitous, is not the same, not as good as at a physician's office
where they have to pay for it. These people cannot persuade themselves
that a physician will take the same interest in a case whether or not
he is paid for his services. The poor, therefore, are always suspicious
that they do not get their full share of attention. They are quickly
ready to charge their physician with carelessness if the case goes
wrong. And with a patient in this frame of mind, it takes but very
little encouragement to begin a suit for damages. And in nine out of
ten cases, doubtless, this encouragement is furnished by the members
of our own profession. He did not mean to charge physicians with
Public-domain text, read in full here on John Shaqi.
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