New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-26
TIE DANGERS OF SURGICAL PRACTICE.
PROF FRANK IL. HAMILTON on MALPRACTICE
IN IFS LEGAL RELATIONS.

IN lis LEGAL RELATIONS.
The subject of discussion ut the meeting
last evening OF the NewlOrk Medco Legal Society was
"Maipractce IN Surgery Its Causes and Remedies"
Tnc meeting was very wen ATTENDED. Prof Frank H.
Hamilton delivered addresses upon this subject, OF
which the following II an abstract:
The speaker ap)logizei for tue absence OF written
Dol per, ana took Tor his text letter from Western
friend asking him II he had form OF agreement TO
made bet wcen patient aud surgeon, without some
thing OF The kind not safe, and scarcely possible.
to pursue the profession OF surgery That said Was
a specimen OF frequent letters received by him. The
surgical branch the medical profession peculiarly
subject TO prosecutions for malpractice. ia his own
carrier days. from 1888 1866. such prosecutions
we're so frequent in New-YoIk tlIt many
eminent surgeons abandoned their work and CON
lued themselves TO tho practice OF medicine
lie quoted from Elwell malpractice To show what
was state Of he practice then. what effect IL had
the icons, ana that nnetcns oi the suits grew
Of cases amputaons, fractures ana dslocaIons. IL
was curious this class OF slIs should 50 attach
surgeons. A clergyman might lead souls to perdition
and in every suit lawyer must have gwen iuiu.
dcious advice. Wny then should surgery DO 60 pecu
lary picked out, and, In surgery, certain elias. Of
casesl would be found again that most suits grow out
OF the restricted class of fractures Why should
seemed him that the cause was that the profession
had not drawn the line between the possible and the
impossbe They had claimed much. and the conrnu-
ni,y measured them by their own standard. There
statistics ana percentages IN all other classes OF surgical
Operations, and hXed standard for refer
But in the OF fractures, until his memoir
in l3l9, there were statistics
He read from ElwelPs book to show that the pubIca-
ton OF his statistics had resulted In greatly reducing the
number OF suits for malpIacIce, and he SAID he read 1t
with the greater pride that the profession have
assalled those statistics. Yet 10 this there
who asserted that shortening need occur In any
fracture OF the thigh. The method OF treatment Of
that fracture was not settled 50, now. II
man pursued the old method he was charged
with not using the best means; II he used the
new aud o failure resulted, he was charged with
lack OF Skill In its He found an Improvement. but
a slow one Improvement had been made and tho
amount OF shortening OF fractured bones growing
less they had not reached perfection. and long
they claimed they had so long they would be subject
prosecutiou aud rightly too. Tho legal side or the
Association would tell them that no such contract as
his CORES pondent sought could relieve them. They
were responsible for ordinary skil aud In every
case OF which they took charge aud could DO relieved
By no mere contract. The remedy was In their own
Profession to SEQ that the standard was truly liked.
DR. Stephen Smith stated that he had been collecting
statistics OF prosecutions for malpractice and thought
and mpostOrs. Where q competent physician was sued,
In % out Of 100 suits the plann failed He thought,
however that a physician should be judged by the
books OF the time aud therefore true averages were
give as valuable the treatment OF fractures as
he had given the average results OF
their treatment He thought that treatment had
improved moro than Dr. Hamilton would allow He
ga We an amusing instance where surgeon had been
sued his treatment was TOO perfect ana stated
as his own experience that he had spent 5000 besides
his time, defeat claim whloh no could nave settled
for $3.50 Ia closing his remarks no submitted drht
of law once vetoed by Gov. Hoffman. but since. with
notifications adopted In ONO requiring plaintiffs
In malpractice suits To give bonds Tor the expenses
After further discussion OF tho subject tho meet
log adjourned.