FEES—See
PAYMENT
OF
MEDICAL
MEN.
Of physicians, not recoverable at Common Law,
15,
16.
Recoverable under Medical Act,
15,
17.
Of surgeons and apothecaries,
15,
16.
Of physician and surgeon,
16.
In Scotland and the Colonies,
17.
No express promise to pay necessary,
18.
In some countries fixed by law,
19.
Services of assistants,
20.
Not dependant upon cure,
20,
21.
But services must be of benefit,
20–
24,
167.
Account should be in detail,
23.
Where no cure, no pay,
25.
To medical witnesses,
26,
27.
To medical experts,
27–
31.
FRANCE—
FRIEND—
Prescribing as, fees,
24.
Not medical attendant,
24.
G.
GERMANY—
GIFTS
TO
MEDICAL
MEN—
Are closely watched,
139.
GOODWILL—
In professional partnerships,
191.
GRATUITOUS
SERVICES—
Liability of physicians for,
61,
65,
66.
— — unprofessional men,
66,
67.
GROSS
NEGLIGENCE—
H.
HAIR-DYE—
Noxious, damages for,
182.
HOMŒOPATHISTS—
Regulations as to, in Ontario,
66.
Are Physicians in New York,
50,
54.
HUSBAND—
When liable for attendance on wife,
35,
39.
When liable for artificial teeth for wife,
171.
Suing druggist for damages to wife’s health,
186.
HYPOTHETICAL
CASE—
I.
IGNORANCE—
Liability for gross ignorance,
55–
61.
Criminal liability for gross,
55–
88,
91,
92.
Imputing, when actionable,
130.
IMMORALITY—
When actionable to impute,
134.
IMPROPER
TREATMENT—
When a defence to action,
20–
24,
167.
INFANT—
Medicines and medical aid, necessary for,
39.
INFECTIOUS
DISORDERS—
Exposing persons suffering from,
147.
Duty of physicians in cases of,
22,
143,
147.
INSANE
PATIENT—
Not liable for negligence,
69.
INSANITY
CASES—
Opinions concerning, experts in,
121–
124.
When expert evidence admissible,
124.
How to examine witnesses,
124–
125.
Putting hypothetical cases,
126,
127.
Evidence of non-experts,
128.
Experts can only give opinions,
129.
Liability for committing in,
145–
146.
Requisites for committal,
146.
INTOXICATING
LIQUORS—
When unlawful to give,
148.
IRELAND—
Early practitioners in,
6.
L.
LABEL
OF
DRUGGIST—
LECTURES—
Cannot be published by students attending them,
195.
LIBEL—See
DEFAMATION.
M.
MALPRACTICE—See
CRIMINAL
MALPRACTICE.
Civil and criminal,
55,
56,
83.
Some injury must be proved,
76.
Is a question for the jury,
76.
Cases of, should be construed in favor of physician,
76,
77.
Cases against physician rare,
77.
Actionable to charge one with,
133.
MANIPULATION—
Practising, without license,
51.
MANSLAUGHTER—See
CRIMINAL
MALPRACTICE.
Physicians acting honestly and
bonâ fide,
89,
90.
Druggist making mistake,
180–
184.
MASTER
AND
SERVANT—See
ASSISTANTS
AND
APPRENTICES.
Payment of medical attendance,
40.
MEDICAL
ACT
OF
ENGLAND—
Recovery of fees under,
17.
MEDICAL
ACT
OF
ONTARIO—
Recovery of fees under,
17.
MEDICAL
MAN—
Chaucer’s definition of,
7.
Had to be graduates in old times,
7.
Divisions under Henry VIII,
8.
Qualifications necessary to practise,
9,
48.
Qualifications under Henry VIII,
10.
No branches in America or Colonies,
17.
Discretion as to mode of treatment,
25.
The law favors no school,
42,
47.
Must practise according to school,
52,
53,
54.
One practising liable as,
54.
Duties when assuming charge,
57,
72,
73.
Must exercise ordinary care and diligence,
58.
Must keep up with the age,
61,
71.
Not liable for bad nursing,
70.
Rashly trying new experiments,
71.
Accepting retainer must attend,
72,
73.
Withdrawing from attendance,
73,
74.
Liability when not employed by patient,
74.
Action against, for defamation,
135–
137.
Administering intoxicants,
148.
Relations with patients,
138–
146.
Care necessary in choosing,
148.
MEDICINE—
When first studied in England,
6.
First statute concerning,
8.
Evidence of experts as to,
118.
MEMORANDA—
When may be used in court,
98.
MIDWIFE—
Defamatory words when actionable,
130.
MISREPRESENTATIONS—
MORALS—
N.
NECESSARIES—
Medicine and medical aid,
35,
39.
NEGLIGENCE
OF
MEDICAL
MEN—
Communicating contagious diseases,
22.
Liability for gross negligence,
55.
Judged from legal stand point,
56.
Liability for, when causing injury,
57,
63,
167.
Medical men must exercise reasonable care and diligence,
58.
Where services are gratuitous,
65.
When requested to perform operation,
69.
Aggravated by nursing,
70.
General reputation unavailing,
71,
86.
Neglecting to attend,
72,
73.
Where not employed by patient,
74,
75.
Not liable for every mistake,
75.
Is a question for the jury,
76.
Amount of damages recoverable,
78–
80.
Action for, does not survive against representatives,
80.
Where death is caused by,
80,
81.
Criminal negligence,
82–
85.
Immaterial whether physician licensed or not,
83,
84.
Acting
bona fide no criminal liability,
89,
90.
Patient affected by mortal disease,
90,
91.
Imputing want of skill, when actionable,
130,
133.
Of dentists,
162,
et seq.Of druggists,
177,
et seq.NEGLIGENCE
OF
PATIENT—
Responsible for careless choice of physician,
53.
Knowledge of physician’s ignorance,
57,
67.
Disobeying or neglecting orders,
67,
68.
What is contributory negligence,
68.
Insane patient’s negligence,
69.
NEW
YORK—
Who may practise in,
49–
51.
NURSING—
Aggravating the case,
70.
Liability of medical man for,
70.
O.
ONTARIO—
Who may practise medicine in,
45.
— — — as druggists in,
176.
OPINION—See
EXPERT
EVIDENCE.
P.
PARENT
AND
CHILD—
Liability of parent for doctor’s bill,
33.
Rule in England and United States,
37,
38.
Statutory liability in England,
38,
39.
PARTNERSHIP
AMONG
MEDICAL
MEN—
General rules applicable,
189.
Fraudulently inducing one to enter into,
189.
Conduct of partners,
190.
Interest of survivor,
191.
PATIENT—See
RELATIONS
WITH.
Physician not bound to take,
57,
72.
Must exercise prudence in selecting doctor,
67.
Must co-operate with doctor,
67,
68.
Must exercise ordinary care and prudence,
68,
69.