The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
A wife has implied authority to bind her husband for reasonable expense
incurred in obtaining medicines and medical attendance during illness;
but this implied authority is put an end to if she commits adultery
while living apart from her husband, and there has been no subsequent
condonation; or, if she leaves her husband’s home of her own accord
and without sufficient reason, and the fact has become notorious, or
the husband has given sufficient notice that he will no longer be
responsible for any debts that she may incur [68]. If a husband turn an
innocent wife out of doors without the means of obtaining necessaries,
it is a presumption of law, which cannot be rebutted by evidence, that
she was turned out with the authority of her husband to pledge his
credit for necessaries, and in such a case |36| medical attendance
will be considered as one of the primary necessaries [69]. A married
woman’s misconduct does not exonerate the husband from paying a doctor
whom he requests to attend her [70].
Although the law requires the husband to furnish the wife with all
necessaries suitable to his condition in life, including medical
attendance in case of sickness, still it gives him the right to procure
these necessaries himself and to decide from whom and from what place
they are to come. If a physician attends a wife whom he knows to be
living separate and apart from her husband, he ought to enquire whether
she has good cause for so doing; for if she has not he cannot make
the husband pay the bill; and it has been held that it devolves upon
the doctor to show that there was sufficient cause for the wife’s
separation [71]. The employment of a physician by a husband to attend
his sick wife, presumably continues throughout the illness; and the
mere fact that the wife is removed, with the husband’s consent, from
his home to her father’s, will not enable him to resist payment of the
doctor’s bill for visits paid to her at the father’s [72].
Notwithstanding the law’s desire not to favour any particular school,
a quack’s bill was thrown out where the services were rendered without
the husband’s assent. This was done in a case where a doctor was in the
habit of putting a woman into a mesmeric sleep, she thereupon became a
clairvoyant and prescribed the medicines which the doctor furnished,
and for these he sued. The Judge said:—“The law does not recognize
the dreams, visions or revelations of a woman in mesmeric sleep as
necessaries for |37| a wife for which the husband, without his consent,
can be made to pay. These are fancy articles which those who have money
of their own to dispose of may purchase if they think proper, but they
are not necessaries known to the law for which the wife can pledge the
credit of the absent husband” [73].
Public-domain text, read in full here on John Shaqi.
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