The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
Whenever a special kind of knowledge is essential to the proper
conduct of a particular profession, denying that a man possesses such
special knowledge will be actionable if he belongs to that particular
profession, but not otherwise. Thus to say of a physician, “Thou art
a drunken fool and an ass. Thou wert never a scholar, nor even able
to speak like a scholar,” is actionable, because no man can be a good
physician unless he be a scholar [341]. Although one may with impunity
say of a Justice of the Peace, “He is a fool, an ass and a beetle
headed justice” [342]. So to say, of a midwife, “Many have perished
for her want of skill;” or, “She is an ignorant woman, and of small
practice and very unfortunate in her way; there are few she goes to
but lie desperately ill, or die under her hands;” is actionable [343].
Or of an apothecary, “He is not an apothecary; he has not passed any
examination. Several have died that he had attended, and there have
been inquests held upon them” [344]. Although one may safely say of a
Justice of the Peace, “He is a blood sucker, and sucketh blood.” |131|
It is actionable to say of a person in his professional character, “He
is no doctor; he bought his diploma for $50” [345]. Any words imputing
to a practising medical man, misconduct or incapacity in the discharge
of his professional duties, are actionable _per se_. Thus, it is
actionable, without proof of special damage, to accuse one of having
caused the death of any patient through his ignorance or culpable
negligence, as to say of a physician, “He killed my child by giving it
too much calomel,” or, “He hath killed J. S. with physic, which physic
was a pill;” or, “He was the death of J. P.; he has killed his patient
with physic; it is a world of blood he has to answer for in this
town through his ignorance; he did kill a woman and two children at
Southampton; he did kill J. P. at Petersfield;” or, as an American did,
“Dr. S. killed my children; he gave them teaspoonful doses of calomel,
and it killed them. They did not live long after they took it. They
died right off the same day” [346].
So it is to say of an apothecary, “He poisoned my uncle; I will have
him digged up again, and hang him,” or, “He killed my child; it was
the saline injection that did it;” or, “I was told he had given my
child too much mercury, and poisoned it; otherwise, it would have got
well” [347].
Public-domain text, read in full here on John Shaqi.
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