THE LAW AND MEDICAL MEN BY R. VASHON ROGERS, JR., _Of Osgoode Hall, Barrister-at-Law_. TORONTO, CANADA, AND EDINBURGH, SCOTLAND: CARSWELL & CO., LAW BOOK PUBLISHERS. 1884. PREFACE. The idea that in the library of nearly every practitioner in the professions of both Physic and Law there has been for some time a small gap among the books, which could be filled by a little work like this now submitted, has induced the author to prepare and publish the following pages. While it is hoped that this little work will prove of use to the members of the Legal and Medical Professions, it is intended to be suggestive rather than exhaustive—a primer not an encyclopædia; and it is not expected that it will obviate the necessity for frequent conferences between physicians and lawyers whenever, in the practice of either, questions arise requiring the experience of the other. In most cases the very words of the judges and reporters have been used, and if any expressions are noticed that may be deemed over strong it will be found that they are the words of others: the author’s aim has been rather to act as an humble compiler and citer of cases, than to obtrude opinions or theories of his own. Brief chapters on Dentists and Druggists have been given because of the intimate connection between these gentlemen and the members of the medical profession. With great diffidence this book is committed to the tender mercies of the critics of these two learned professions—to those who can so effectually wield the pen, the tongue and the scalpel. R. V. B., JR. Kingston, Ont., November, 1884. CONTENTS. PREFACE . . . iii TABLE OF CASES CITED . . . vii–xiii CHAPTER I. EARLY PRACTITIONERS AND LAWS . . . 1–14 CHAPTER II. FEES . . . 15–31 CHAPTER III. WHO SHOULD PAY THE DOCTOR . . . 32–41 CHAPTER IV. WHO MAY PRACTISE . . . 42–54 CHAPTER V. NEGLIGENCE AND MALPRACTICE . . . 55–81 CHAPTER VI. CRIMINAL MALPRACTICE . . . 82–92 CHAPTER VII. PROFESSIONAL EVIDENCE . . . 93–107 CHAPTER VIII. MEDICAL EXPERTS . . . 108–120 CHAPTER IX. EXPERTS IN INSANITY CASES . . . 121–128 CHAPTER X. DEFAMATION . . . 129–137 CHAPTER XI. RELATIONS WITH PATIENTS . . . 138–148 CHAPTER XII. DISSECTION AND RESURRECTION . . . 149–159 CHAPTER XIII. DENTISTS . . . 160–173 CHAPTER XIV. DRUGGISTS . . . 174–188 CHAPTER XV. PARTNERS, GOODWILL, ASSISTANTS . . . 189–195 INDEX . . . 197–214 TABLE OF CASES CITED. A. Abernethy v. Hutchinson, 195 Adams v. Stevens, 17, 18 Adler v. Buckley, 20, 21 Ahearne v. Hogan, 141 Allen v. Davis, 140, 172   ″  v. Eaton, 132 Allison v. Hayden, 16 Alpen v. Morton, 137 Anderson v. Burrows, 146 Andeureid’s Appeal, 138 Anon, 134, 190 Anthony v. Smith, 106 Apothecaries Company v. Lotinga, 12, 16 Ashworth v. Kittridge, 102 Askin & Charteris, _re_, 27 Aswell v. Lomi, 142 Austen v. Boys, 191 Aveson v. Lord Kinnaird, 96 Ayre v. Craven, 132, 134, 135. B.