The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
As to what is ordinary or reasonable skill or care, the rule has
sometimes been laid down thus favourably, “The least amount of skill
with which a fair proportion of the practitioners of a given locality
are endowed, is to be taken as the criterion by which to judge the
physician’s skill or ability” [128]. Or, as another writer puts it,
“It has been finally determined to consider the least amount of skill
compatible with a scientific knowledge of the healing art as sufficient
to predicate the existence of ordinary skill” [129]. To render a medical
man liable even civilly for negligence, or want of due care or skill,
it is not enough that there has been a less degree of skill than some
other medical man may have shown, or a less degree of care than even
he himself might have bestowed, nor is it enough that he himself
acknowledges some degree of want of care; there must have been a want
of competent and ordinary care and skill, and to such a degree as to
have led to a bad result [130].
In a city there are many means of professional culture which are
inaccessible in the country. Hospitals can be walked, libraries
visited, new books and appliances bought, |60| constant intercourse
had with the greater lights of the profession. What is due diligence,
therefore, in the city, is not due diligence in the country; and what
is due diligence in the country is not due diligence in the city.
Hence, the question, in each particular case, is to be determined,
not by enquiring what would be the average diligence or skill of the
profession (which would be a thing very difficult to reach), but
what would be the diligence or skill of an honest, intelligent and
responsible practitioner in the position in which the one in question
was placed [131].
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