The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
A similar view of the standing of a dentist was taken by the Court in
Michigan, when it held that he was a “mechanic.” The Court observed,
“A dentist, in one sense, is |170| a professional man, but, in another
sense, his calling is mainly mechanical, and the tools which he employs
are used in mechanical operations. Indeed, dentistry was formerly
purely mechanical, and instruction in it scarcely went beyond manual
dexterity in the use of tools; and a knowledge of the human system
generally, and of the diseases which might affect the teeth and render
an operation important, was by no means considered necessary. Of late,
however, as the physiology of the human system has become better
understood, and the relations of the various parts and their mutual
dependence become more clearly recognized, dentistry has made great
progress as a science, and its practitioners claim, with much justice,
to be classed among the learned professions. It is nevertheless true
that the operations of the dentist are, for the most part, mechanical,
and so far as tools are employed, they are purely so, and we could not
exclude these tools from the exemption which the statute makes, without
confining the construction of the statute within limits not justified
by the words employed” [452]. On the other hand, in Mississippi, the
Court said, “A dentist cannot be properly denominated a ‘mechanic.’ It
is true that the practice of his art requires the use of instruments
for manual operations, and that much of it consists in manual
operations; but it also involves a knowledge of the physiology of the
teeth, which cannot be acquired but by a proper course of study, and
this is taught by learned treatises upon the subject, and as a distinct
though limited part of the medical art, in institutions established for
the purpose. It requires both science and skill, and if such persons
should be included in the denomination of ‘mechanics,’ because their
pursuit required the use of mechanical instruments and skill in manual
operation, the same reason would include general surgeons under the
same denomination, because the |171| practice of their profession
depends in a great degree upon similar instruments and operative skill;
nor could such a pursuit properly be said to be a trade” [453].
Public-domain text, read in full here on John Shaqi.
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