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The Law and Medical Men

Chapter 20: Index.
By R. Vashon Rogers
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About This Book

It compiles and explains legal principles and reported cases about relations between medical practitioners and the law, presented as a practical primer rather than an exhaustive treatise. Topics include civil and criminal liabilities, standards of care and negligence, consent and malpractice, the admissibility and role of medical testimony, coroners’ procedures, and the regulation of dentists and druggists. Organized around judicial citations and condensed commentary, it is intended to help physicians and lawyers address routine medico-legal questions and clarify evidentiary and procedural obligations.

INDEX.

A.
ABORTION—
Evidence of experts in cases of, 116.
Criminality of, 146, 147.
ACCIDENT—
Payment of medical men in cases of, 40, 41.
ACCOUNT—
Must be in detail, 22.
ADVERTISING QUACKS—132, 133.
AMPUTATED LIMBS—
Ownership of, 143.
ANATOMY—
A lawful study, 154, 157, 158.
Hindrances to study of, 149, 152.
In early days, 149, 150.
Provision made for study of, in England, 150, 153.
  —  —  —  —  — in Canada, 151, 156.
  —  —  —  —  — in United States, 155, 156.
ANATOMY ACT OF 1832—153.
ANGUINEUM—2.
APOTHECARIES—
In England in early days, 11.
Incorporated in England, 12.
How regulated, 12.
Duties of, 12.
Fees of, 15, 16.
ARTIFICIAL TEETH.—See TEETH.
ASSAULTS ON PATIENTS—
Attempting carnal intercourse with, 144.
Wantonly stripping patient, 144.
Taking layman to midwifery case, 144.
Liability for committing one as insane, 146.
ASSISTANTS AND APPRENTICES—
Rules regulating, 193.
Master liable for, civilly, 193, 194.
  — not liable criminally, 194.
  — may recover for services of, 20.
Misconduct of, 194.
ATTENDANCE—
Medical men neglecting, 72, 73.
Withdrawing from, 73, 74.
B.
BARBERS—
As practitioners, 4, 5, 6.
BAUNSCHEIDT SYSTEM—
Layman practising, 47.
Liability for using, 89.
BODIES—
Supply of, for dissecting, 150–156.
BODY-SNATCHING—See RESURRECTION, 152–157.
BOOKS—See SCIENTIFIC BOOKS, 99–105.
BOTANIC PHYSICIANS—52, 54, 88.
C.
CARELESSNESS—See NEGLIGENCE.
Of patient, 67–69.
When physician criminally liable for, 85–88, 91.
In treating internal diseases, 92.
CHARACTER—
Defamation of, when actionable, 131, 134.
CHEMIST AND DRUGGIST—See DRUGGISTS.
CHLOROFORM—
Care needed in using, 163–166.
CIVIL LIABILITY—
For negligence—See NEGLIGENCE.
For stealing corpse, 157.
CLAIRVOYANT PHYSICIAN—
Must be licensed in Maine, 52.
Misrep­re­sen­ta­tions by, 142.
CLERICAL PRACTITIONERS—3.
COMMUNICATIONS BETWEEN PHYSICIAN AND PATIENT—
When not privileged, 93.
When privileged, 94–96.
CONSULTATIONS—23.
CONTAGIOUS DISEASES—
Precautions necessary when attending, 21, 143.
Exposing people suffering from, 147.
CONTRIBUTORY NEGLIGENCE—
Of patient, 67–69.
CORPSE—
Stealing, 152.
Who owns the, 153.
Selling, 153.
Raising, a misdemeanor, 154–156.
Civil liability for raising, 157.
Exhuming, when ordered, 159.
CRIMINAL LIABILITY—See CRIMINAL MALPRACTICE.
CRIMINAL MALPRACTICE—
Definition of, 55 in, 82.
Immaterial whether physician licensed or not, 83, 84, 91.
What makes, 84, 85.
Physician acting honestly and bonâ fide, 89, 92.
Mistakes of druggists, 180, 181.
CRITICISM—
When justifiable, 132, 133.
CURE—
Not essential to right to pay, 20, 21.
No cure, no pay, 24.
Promising, 143.
Curious cures, 2, 3, 8.
CONTRACT—
Between physician and patient, 141.
Not to practice, 192, 193.
D.
DAMAGES—
For personal injuries, 78, 80.
Rules for determining, 78, 79.
Not recoverable against representatives, 80.
In cases of death, 80, 81.
Only one action for same cause, 81.
Against negligent druggists, 177–185.
  —  — dentists, 162–167.
DEATH—
Damages when negligence causes, 80, 81.
Evidence of experts as to cause of, 116–119.
DECLARATIONS OF SICK PEOPLE—
When evidence, 96–98.
DEFAMATION—129–137.
What libel, what slander, 129.
When actionable, 129, et seq.
Civil and criminal remedies, 130.
Imputing want of knowledge, 130.
  — unprofessional conduct, 131–132.
  — immorality, 134.
Holding up to ridicule, 132.
Justifiable criticism not, 132, 133.
Evidence in actions for, 135.
When physician liable for, 135–137.
DENTISTS—Chapter XIII.
Early practitioners, 160, 161.
Subjects of examination for, 161, 162.
In Ontario, must be licensed, 162.
Liability for negligence, 162, 167.
Pulling wrong tooth, 163, 167.
Skill requirable, 164, 166.
Acting gratuitously, 166.
When services are useless, 167.
Are they mechanics? 169, 170.
Defrauding patient, 171, 172.
Appropriating signs of others, 172.
DILIGENCE—
Must go along with skill, 64.
DIPLOMA—
Prima facie proof of skill, 64.
DISCRETION—
As to modes of treatment, 25.
As to number of visits, 63.
DISSECTION—
Provisions made for, 150, 151.
English Anatomy Act, 153.
Lawfulness of, considered, 157, 158.
DRUGGISTS—Chapter XIV.
Definition, 174.
Old time, 175.
Requirements of, 175–176.
Liability for miscompounding, 176–178.
  —  — mistakes, 177–185.
  —  — quality of drug, 178.
  — criminally, 180.
  — for selling adulterating substances, 186.
  —  —  — deleterious drugs, 186.
  —  —  — intoxicants, 187, 188.
Warrants drug to be as represented, 179.
Label a warranty, 179–180.
DRUGS—
Physician may charge for, 24.
Mistakes in selling, 177–186.
DRUIDS—1–3.
DUEL—
Medical man attending, 144.
DUTY OF PHYSICIAN—
On undertaking charge of patient, 57.
Not bound to take charge, 57.
To possess ordinary care, diligence and knowledge, 58–61.
In cases of small-pox, 22, 144, 147.
DYING DECLARATIONS—
Evidence in certain cases, 105.
E.
EARLY PRACTITIONERS—Chapter I.
ENGLAND—
Early practitioners in—Chapter I.
Who may practice, 43.
Women may practice, 14.
ENTRIES AGAINST INTEREST—
Admissible as evidence, 105, 106.
EXPERIMENTS—
Liability on making, 71, 72, 168.
EVIDENCE—See EXPERTS AND EXPERT EVIDENCE, SCIENTIFIC BOOKS.
EXPERTS AND EXPERT EVIDENCE—
Fees to medical witnesses, 27, et seq.
Excluding at trial, 106, 120.
Limiting number at trial, 106.
Rules for guidance, 106, 107.
When evidence of, admitted, 108, 117–120, 127.
Who may be experts, 109–114, 128.
The Court decides who may be, 113, 114.
Experts among the Romans, 109.
Opinions concerning, 110, 121–124.
Need not have made a special study, 112.
Better if they have, 112, 127.
Jury to decide weight to be given to, 114.
Opinions on morals, 115.
Do not speak as to merits, 115, 118, 125, 127.
Advisers of the Court, 115, 116.
Should state grounds of opinion, 116.
Admissible only as to matters of skill, 119.
Are not jurors, 119, 125.
Opinions on opinion, 119.
In insanity cases, 121–128.
What they may be asked, 124, 125.
Must hear all the evidence, 126.
Hypothetical cases, how put, 126, 127.
F.
FAMILY PHYSICIAN—
Recommending another, 148.