The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
Long since, Park, J., was clearly of the opinion that if a mere
stranger directed a surgeon to attend a poor man, such person was
clearly liable to pay the surgeon [65]. Yet, in some cases in the United
States, it has been held that the man who merely calls the doctor is
not bound to pay him. When, for instance, in Pennsylvania, a son of
full age, when living with his father, fell sick, and the father went
for the doctor, urging him to visit his son. Afterwards the physician
sued the parent. The Court said this was wrong, that he should have
sued the son, as the father went as a messenger only, that the son,
who had the benefit of the services, was the responsible person; and
remarked that it was clear that had the defendant been a stranger,
however urgent he may have been and whatever opinions the physician
may have formed as to his liability, he would not have been chargeable
without an express promise to pay, as, for instance, in the case of an
inn-keeper or any other individual whose guest may receive the aid of
medical service. A different principle, the Court considered, would be
very pernicious, as but very few would be willing to run the risk of
calling in the aid of a physician where the patient was a stranger or
of doubtful ability to pay. This was in 1835 [66]. And, in Vermont, one
brother took another, who was insane, to a private lunatic asylum and
asked that he (the insane one), might be taken in and |34| cared for.
This was done. In course of time the doctor sued the sane one for his
bill, but the Court would not aid him in the matter, saying, “He is not
liable unless he promised to pay” [67].
In the case of Mr. Dodge, above referred to, the Court said, “He might
very readily have screened himself from all liability, by simply
writing the memorandum on a blank card, or by adding to that which he
wrote on his own card something that would have apprised the doctor of
the fact that he acted in the matter for Mrs. Jones, as her agent.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account