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 Massachusetts apothecary sold sulphide of antimony by mistake for
black oxide of manganese. The two look alike, but differ in this, that
the preparation of manganese may be safely mixed with chlorate of
potassia for many useful purposes; but if that antimony is mixed with
that chlorate, an explosive compound is formed. The buyer, supposing
he had manganese, proceeded to mix it with potassia, having bought the
article for that purpose. But, it being antimony, the compound which
he made exploded, broke his head, damaged his hearing, and destroyed
the furniture of his laboratory. Yet the Court held that the druggist
was not chargeable with these damages, because he did not know that the
article he sold was to be mixed with potassia, and did not sell it for
that purpose. Kept or used by itself, as he sold it, it would have been
innocuous. He was not to blame for the mixing, the real cause of the
injury [480].
In England [481], a chemist and druggist was indicted for manslaughter,
but was acquitted. The deceased had been in the constant habit of
getting aconite and occasionally henbane from Noakes; on this occasion
he sent two bottles of his own, one marked, “Henbane, 30 drops at a
time.” The druggist by mistake put the aconite into the henbane bottle,
the dose of thirty drops was taken, and the customer was no more. Erle,
C.J., told the jury that although there might be evidence of negligence
sufficient for a civil action, still that they could not convict unless
there was such a degree of complete negligence as the law meant by the
word “felonious,” and that in this case he did not think there |184|
was sufficient to warrant that. But Tessymond, a chemist’s apprentice,
was found guilty of manslaughter for causing the death of an infant by
negligently giving to a customer who asked for paregoric to give to the
infant (a child of nine weeks old), a bottle with a paregoric label,
but containing laudanum, and recommending a dose of ten drops [482].
Public-domain text, read in full here on John Shaqi.
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