The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
Under the Ontario Pharmacy Act no one can sell certain poisons named
without having the word “Poison,” and the name of the article,
distinctly labelled upon the package; and if the sale is by retail, the
name of the proprietor of the establishment where it is sold, and the
address must also be on the label [485]. |186|
Any person selling any poison, in violation of the Act, is liable to a
penalty of not more than $20 and costs for the first offence, and $50
and costs for every subsequent offence; and one-half of the penalty
goes to the prosecutor; and no one selling in violation of the Act can
recover his charges. And one wilfully or knowingly selling any article
under pretence that it is a particular drug or medicine, when it is
not, is liable to the above penalties, besides any other to which he
may be liable irrespective of the Act [486].
In Georgia it was held, that where a druggist in good faith recommended
the prescription of another person to the owner of a sick horse, who
thereupon ordered him to put it up and paid for it, the owner had no
cause of action because the medicine had injured his horse, as the
stuff was properly prepared according to the prescription [487].
In England chemists and druggists are liable to the heavy penalty of
£500 if they sell to brewers or dealers in beer anything to be used
as a substitute for malt; they are also liable for adulterating, or
selling any adulterated, medicine; and on a second offence of this
kind, the name of the offender, his abode, and his crime may be
published in the newspapers at his expense [488].
An action can be maintained by a husband against a druggist to recover
damages for selling to the plaintiff’s wife, secretly, from day to day
large quantities of laudanum to be used by her as a beverage, and which
are so used by her to the druggist’s knowledge, without the knowledge
or consent of the husband, the druggist well knowing that the same was
injuring and impairing her health, and concealing the fact of such
sales and the use thereof from the husband; |187| in consequence of
which use by her the wife became sick and emaciated, and her mind was
affected, so that she was unable to perform her duties as such wife,
and her affections became alienated from her husband, and he lost her
society, and was compelled to expend divers sums of money in medical
and other attendance upon her [489].
Public-domain text, read in full here on John Shaqi.
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