The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
The physician when sending in his bill should be specific in his
charges and not general; he should give the number of visits and dates.
In one case a lump charge of “$13 for medicine and attendance on one
of the general’s daughters |23| in curing the whooping cough,” being
objected to by the valiant officer, was held by the Court to be too
loose to sustain an action [36]. Where a practitioner brought an action
for a bill consisting of a great number of items, and gave evidence as
to some of them only, and the jury gave a verdict for the whole amount
of the bill, the Court refused to interfere and grant a new trial
because every item was not proved [37]. Where a medical man delivered
his bill to a patient without a specific charge, leaving a blank for
his attendance, the Court inferred that he considered his demand in
the light of a “_quiddam honorarium_,” (this was before the Medical
Act), and intended to leave it to the generosity of the patient, and
the latter having paid into court a certain amount, the Court held
the surgeon was bound by the amount so paid and could not recover any
more [38]. As a rule, however, if a doctor’s bill is not paid when
presented he is not limited by it to the amount of his claim, if he
can show that his services were of greater value [39]. When witnesses
are called to speak as to the value of the practitioner’s services the
Courts generally incline towards the lowest estimate [40].
The number of visits required must depend on each particular case, and
the physician is deemed the best and proper judge of the necessity
of frequent visits; and in the absence of proof to the contrary, the
Court will presume that all the professional visits made were deemed
necessary and were properly made [41]. There must not be too many
_consultations_; and the physician called in for consultation or to
perform an operation may recover his fees from the |24| patient,
notwithstanding that the attending practitioner summoned him for his
own benefit and had arranged with the patient that he himself would
pay [42].
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