The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
At one time it was considered that an apothecary was not entitled to
charges for his attendances, but only for his medicine: then the law
decided that he might charge for either attendances or medicines, but
not for both. Shortly afterwards Tenterden held that one might recover
for attendance (the charge being reasonable), as well as for medicine.
After that full justice was done to this branch of the profession, and
it was decided that there was no rule of law, and there certainly is
none of morals, to prevent an apothecary from making distinct charges
for |17| attendances and medicines; but if he charges very high for
his drugs the jury may think the attendances ought not to be paid for
as well [14].
In Scotland, also, at one time physicians’ fees were regarded as
honoraries, and not recoverable by action except under a special
contract [15]. Neither in the United States nor in the Colonies have
these distinctions been made between the different branches of the
profession, nor has the principle been adopted that the profession of
a physician is a merely honorary one, and that his services cannot be
charged for [16].
In England every person registered according to the Medical Act,
1858, and in Ontario those registered under the Provincial Act, can
practise medicine or surgery, or medicine and surgery; and can recover
in any court of law, with full costs of suit, reasonable charges for
professional aid, advice, and visits, and the costs of any medicine
or other medical and surgical appliances rendered or supplied to his
patient; but no person is entitled to recover any such charges in
any court of law unless he can prove upon the trial that he is so
registered. Registration has now become a part of the plaintiff’s
title to recover, which it is imperative upon him to prove. A copy of
the medical register for the time being, purporting to be printed and
published under the direction of the General Council, is evidence in
all courts that the persons therein specified are registered according
to the provisions of the Medical Act; and the absence of the name of
any person is evidence, until the contrary be made to appear, that
such person is not so registered; and the contrary may be shown by a
certified copy, under the hand |18| of the registrar, of the entry
of the name of such person on the register [17]. Similar rules are in
force in the various States where Medical Boards have been constituted
by legislative authorities for the purpose of examining and licensing
practitioners, such as Alabama, Delaware, Florida, Georgia, Louisiana,
Maine, Minnesota, New York, Ohio, South Carolina and Wisconsin.
Public-domain text, read in full here on John Shaqi.
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