The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
In Ontario, provision is made for the registration of Homœopathists
as well as of regular practitioners, and for the Eclectics who were
practising in the Province for six years before 1874.
A physician practising in another country, and performing medical
services for a patient then residing there, may recover his fees in
this Province notwithstanding he is not |47| registered [98]. A medical
practitioner duly registered in England, under the Imperial Act, is
entitled in Ontario to registration upon payment of fees without
examination [99].
In the United States, the common law doctrine, which favours the right
of every man to practise in any profession or business in which he is
competent, prevails to a great extent; and medicine being regarded by
it as an honorific profession, no apprenticeship was required, but
the practitioner always prescribed at his peril. This was also the
doctrine of the civil law, which drew no barriers around either law or
medicine. Any one who pleased might practise them without any previous
qualification; subject always to responsibility for injury inflicted
upon others.
In the absence of any statutes, therefore, limiting the common law
right to practise medicine inherent in every person, the term physician
may there be applied to any one who publicly announces himself to be
a practitioner of the art and undertakes to treat the sick, either
for or without reward. The common law knows nothing of systems or
schools of medicine. In its eyes, Eclectic, Botanic, Physio-Medical,
Electrical, Thompsonian, Homœopath, Reformed, Indian Doctor, Cancer
Doctor, Indianopathist, Clairvoyant Doctor and regular physician are
alike. The scales of justice are no more affected by the large doses of
the allopathist than by the infinitesimal supplies of the homœopathist.
But the law will sometimes interfere where one not pretending to be
a practising physician uses a peculiar system in his own family. A
father, during the sickness of his children and wife, refused to
provide any medical treatment, except that applied by himself, called
the Baunscheidt system, which consists in pricking the skin of the
patient in different parts of the body with an instrument armed with
|48| a number of needles and operated by a spring, and then rubbing
the parts affected with an irritating oil. The wife and three children
had died within a month. The man practised the exanthematic treatment
upon them, but did not even call in physicians who used that mode.
The Superior Court of Pennsylvania deprived this believer in the
Baunscheidt panacea of the custody of his surviving children [100].
Public-domain text, read in full here on John Shaqi.
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