The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
Where a surgeon and apothecary obtained from a patient, eighty-five
years old, an agreement to pay him £25,000, in consideration of past
medical services, duly charged and paid for, and the promise of future
medical and surgical assistance until death without charge, and kept
the matter concealed until after the death of the patient, the Court,
on the prayer of the patient’s executor, ordered the medical man to
give up the agreement to be cancelled. So, when an octogenarian patient
conveyed by deed of gift a property worth £1,000 to his physician,
who was also his intimate friend, and the son of his benefactor, the
Court set aside the deed for fraud. (In this case the consideration
named in this deed was not the true one.) And even where a patient
gave to his surgeon an annuity of £100 for the surgeon’s life, in
consideration that he would live with him and give him the benefit of
his professional assistance during his (the donor’s) life, it being
shown that the surgeon had been told by an eminent physician, just
before the deeds were drawn, that the patient could not recover or
live long, and that the surgeon himself, about the same time, had said
the patient could not live more than a month or so; the Court held
the instruments could not be |140| maintained [372]. A patient, aged,
feeble, deaf and of very weak mind, bestowed all his estate on the
attending physician, who lived with him, and had controlling influence
over him, for an extremely trifling compensation. The transaction was
set aside, the Court saying: “Owing to the relation which the parties
sustained towards each other, the deed was presumptively the result
of undue influence, and therefore _prima facie_ void for that reason.
It has been repeatedly declared by learned chancellors that the mere
relation of patient and medical adviser was sufficient to avoid the
contracts of the former made with the latter during the continuance of
such relation” [373].
A security given by an old man for £262 10_s._ to a dentist, in
consideration of his old teeth being kept in order and new ones being
supplied during the remainder of his life, had to be given up [374].
And if a man pays an exorbitant bill to a doctor, the Court will grant
him relief; and it will be no answer to his asking his money back to
say that he intended to be liberal, unless such intentions can be
clearly shown [375]. Even a sale to a patient by the medical man under
whose care he is will be set aside if at an exorbitant price, and the
purchaser has had no independent advice [376].
Public-domain text, read in full here on John Shaqi.
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