The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
It has been held in the State of Alabama, that where a special
prohibitory Act does not except the practising physician from its
operation, he is liable if he administers intoxicating bitters to his
patient, but not for using liquors necessary in compounding medicine
manufactured and sold by him. The application of any other rule,
it was said by the Court, would be fraught with difficulty, if not
impracticability. So, too, in Kansas [408].
Any registered practitioner who has been convicted of felony shall
forfeit his right to registration, and the Medical Council may cause
his name to be erased from the register; and if any one who has been
convicted of felony presents himself for registration the registrar may
refuse registration. But one’s name cannot legally be removed from the
register without notice and an opportunity of being heard [409].
A person who has met with personal injuries must exercise the same
degree of care in the employment of a physician and surgeon, and in
procuring and submitting to proper medical treatment, as a prudent and
reasonable man would in any other matter; for those persons liable for
the original injury will not be responsible for the further damage
arising from the improper selection of a physician [410].
If a family doctor, or the surgeon of a company or society, on leaving
home, recommends in case of need, some other physician, who is not,
however, in any sense in his employment, it does not make him in any
way liable for injuries arising from the latter’s want of skill [411].
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CHAPTER XII.
DISSECTION AND RESURRECTION.
A knowledge of the causes and nature of sundry diseases which affect
the human body, and of the best methods of treating and curing such
diseases, and of healing and repairing divers wounds and injuries to
which the human frame is liable, cannot be acquired without the aid of
anatomical examination. So saith the preamble to the British Anatomy
Act of 1832. The chief hindrances to the pursuit of the study of
anatomy have arisen from ignorance and superstition. A prejudice has
prevailed in all nations against the violation of the human body after
death. Even now, only philosophers like Jeremy Bentham are willing to
have their bodies dissected by their friends. Simple association of
thoughts causes the remains of a dead kinsman or friend to be treated
with respect and tenderness; in the same way, the horror of death
attaching to anything connected with the dead, and the religious idea
that the soul outlives the body, and continues in a ghostly way to
retain a connection with its old habitation of clay, have led to the
respectful disposal of the corpse among most nations.
Public-domain text, read in full here on John Shaqi.
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