The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
Ordronaux says (sec. 186): It cannot be denied that had Mrs. Thomas
died, Foord would, equally with Gilbert, have been guilty of
manslaughter, since whether he intended it or no, he was doing an
unlawful act in dispensing a poison for a salutary medicine. While
then it may be proper enough to rely upon labels and warranties of
others, |182| in dealing with ordinary substances, still when it comes
to articles of a character dangerous to health or life, the law will
presume knowledge of their quality in those professionally dealing in
them, and exact a degree of skill and care commensurate with the risks
incurred. Here it is _caveat venditor_ instead of _caveat emptor_.
In Kentucky, a druggist sold croton oil instead of linseed oil for a
patient, who, in consequence of the mistake, died. His widow was held
entitled to full damages against the seller [476].
If a druggist negligently sell a deadly poison as and for a harmless
medicine to A., who buys it to administer to B., and gives B. a dose of
it as a medicine, from the effect of which he dies, a right of action
against the druggist survives to B.’s representative, notwithstanding
the want of privity of contract between B. and the druggist [477]. And
this is the rule, also, when the sale has been made by the apothecary’s
assistant [478].
Joseph George, and Emma, his wife, sued Skivington, a druggist,
alleging that he, in the course of his business, professed to sell a
chemical compound made of ingredients known only to him, and by him
represented to be fit for a hairwash without causing injury to the
person that used it, and to have been carefully compounded by him; that
Joseph thereupon bought of the defendant a bottle of this hairwash, to
be used by Emma, as the defendant knew, and on the terms that it could
be so safely used, and had been so compounded; yet the defendant had so
negligently and unskilfully conducted himself in preparing and selling
the hairwash, that it was unfit to be used for washing the hair,
whereby the plaintiff, Emma, who used it for that |183| purpose was
injured. The Court held that a good cause of action was shewn [479].
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account