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 result of the authorities seems to be that, without the aid of
a statute, an expert cannot be compelled to bestow his skill and
professional experience gratuitously upon any party, for his skill and
experience are his individual capital and property.
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CHAPTER III.
WHO SHOULD PAY THE DOCTOR.
If Smith says to Brown, a medical man, “Attend upon Robinson, and if
he does not pay you I will;” that being a promise to answer for a debt
of Robinson’s, for which he is also liable, the guarantee is only a
collateral undertaking, and, under the Statute of Frauds, must be in
writing and signed by Smith, or some other person thereunto by him
lawfully authorised, in order to be binding upon him. But if Smith says
to Dr. Brown, absolutely and unqualifiedly, “Attend upon Robinson,
and charge your bill to me,” or “I will pay you for your attendance
upon Robinson;” then the whole credit being given to Smith, no written
agreement is necessary to enable the doctor to recover the amount of
his account from him, since it is absolutely the debt of Smith [63].
Where a person calls at the office of a physician, and, he being
absent, the visitor leaves his business card with these words written
on it, “Call on Mrs. Jones, at No. 769 High Street,” handing it to the
clerk in attendance, with the request that he would give it to the
doctor and tell him to go as soon as possible; this caller becomes
liable to pay the doctor’s bill for attendance upon Mrs. Jones in
pursuance of such message. Yet Mrs. Jones, if a widow, may also be
liable; for one who acquiesces in the employment of a physician, and
implies, by his or her conduct, that the doctor is attending at his or
her request, is responsible for |33| the value of his services. If
Mrs. Jones is living with her husband, or, without her fault, away from
him, the doctor has still another string to his bow, and may recover
the amount of his bill from Mr. Jones; for the rule is, that a husband
must pay his wife’s doctor’s bills. Of course the doctor cannot make
all three pay [64].
Public-domain text, read in full here on John Shaqi.
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