The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
While it is quite competent for a physician and his patient to make
any agreement they think fit, limiting the attendance to a longer or
shorter period, or to a single visit; and while, if there is no such
limitation, the physician can discontinue his attendance at his own
pleasure, after giving reasonable notice of his intention to do so;
yet, if he is sent for at the time of an injury by one whose family
physician he has been for years, the effect of his responding to the
call will be an engagement to attend upon the case so long as it
requires attention, unless he gives notice to the contrary, or is
discharged by the patient; and he is bound to use ordinary care and
skill, not only in his attendance but in determining when it may be
safely and properly discontinued [178]. Ordronaux says a physician
cannot |74| abandon a case without due notice. To do so would
constitute negligence of a grave character, and render him answerable
for all injury sustained by the patient in consequence thereof. The
contract is for the performance of a service of indefinite duration,
and usually without stipulation for its continuance during any
particular period. It is plainly a fraud upon the employer to abandon
or neglect discharging the trust after having accepted it, for the
acceptance constitutes a promise, and a promise is a good foundation
upon which to rest a legal obligation. If the physician retires from
it, he can only do so by placing the employer in as good circumstances
as he found him, and by giving due notice of his intention [179].
Public-domain text, read in full here on John Shaqi.
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