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 druggist is held to a strict accountability in law for any mistake
he may make in compounding medicine or selling his drugs. By the
statute law of England it is declared to be the duty of every person
using or exercising the art or mystery of an apothecary to prepare
with exactness, and to dispense, such medicines as may be directed for
the sick by any physician [465]. And by the same Act, for the further
protection, security, and benefit of George the Third’s subjects it was
declared, that if any one using the art or mystery of an apothecary,
should deliberately or negligently, unfaithfully, fraudulently or
unduly make, mix, prepare or sell any medicines, as directed by any
prescription signed by any |177| licensed physician, such apothecary
shall, on conviction before a Justice of the Peace, unless good cause
be shown to the contrary, forfeit for the first offence £5, for second,
£10, and for third he shall forfeit his certificate. But apart from any
statute, whenever a druggist or apothecary (using the words in their
general sense) sells a medicine, he impliedly warrants the good quality
of the drugs sold; and besides that, he warrants that it is the article
that is required and that it is compounded in every prescription
dispensed by him _secundum artem_. Like the provision dealer, the
pharmaceutist is bound to know that the goods he sells are sound,
_i.e._, competent to perform the mission required of them, and being so
presumed to know, he warrants their good qualities by the very act of
selling them for such. The rule, “Let the buyer beware,” does not apply.
Public-domain text, read in full here on John Shaqi.
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