Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-12-30
miscellaneous.
For the journal.
SURGICAL MALPRACTICE AND KINDRED
TOPICS.
BY JAS. DAVIES. A. NJ, NJ. D.. LINCOLN
CENTRE, Nh.

We have OF late read a great deal in the
spapers about malpractice in the State of
Maine, and finally DR. Sanger of Bangor. has
come forth with manifesto giving his views
and the views of his associates on the subject
and this is followed by some contra replies
he frequency of eases of medical NAL
practice in America has not ceased to surprise
me, ever since first landed here in the spring
of 1870, and after my landing here a second
time which was in 1874, my astonishment
was renewed and increased. Wondered What
could possibly be the occasion for such
strange course of things.
But have endeavored within the past year
to study the matter, and fatter myself that
to-day ! understand it sufficiently at least for
my own guidance; but amid the pandemoni-
acal state of the profession of medicine in
general here, am afraid that it avails little
for us to argue the entire question pyo bono
nostro et pubiico.
will call attention to few points of the
subject. allow that DIR. Sanger's movement
Is good one and worthy of some measure of
our sympathy. Though we have no reason to
expect that his plans and expectations as they
stand will ever be realized. DIR. Sangers man
ifesto, recounting the grievances to the sur
geons. involved by the yexed question of
malpractice, will certainly attract the serious
attention OF medical men and the public and
be the means, sooner or later, of procuring
redress in some shape. 1t is evident that in
Maine 1--WE will speak of Maine in particular.
now, the medical profes sion is verv unen-
viable pursuit inv diving grievances and diff
hculties that are in the extreme Let us
see what DR. Sanger saws of it ''The freedom
of the law tempted the poor to gamble on our
sklll at our expense. Whatever is TO be said
of the freedom of the law in Maine, it is GER
"A hat l., IL. 4
the poor or not. must be determined by some
satisfactory statistics }, are inclined to gam
Bile in malpractice cases.
But will ask, is not the law of Great
Britain every whit as free in regard to suits
TOR malpractice and more free. if ANYTHING
than the law of the State of Maine? And what
of surgical ma practice in England: | can
inform you, and will speak from personal
knowledge and observation. that civil suits
for malpractice are almost unknown there.
What is the cause of the difference? Is it be-
cause the surgeons there are more scientific
and skiltul. should not say so, though no
one will doubt that they are more highly
qualified | will venture the assertion that
the difference in the practitioners qualifica-
tions is not the cause of the difference in the
prevalence of malpractice suits in the two
countries.
As II appears at present the chances are
against the surgeons in Maine, and DIR. San
ger has not specified the worst aspect, which
is the following Let the surgeon be sued
and whether he loses or wins he will have to
choose between two alternatives both adverse
to him, a blghted life in his neghborhood
and removal to a distance. Either of these
two ways is demoralizing to society If he
stays he will have enemies who will not cease
to pursue him at every opportunity, and
hnt oh hp maj,
the Bible says,-he will be the loser, both in
material things and by the damage done to
the best feelings of his heart, as | have seen
some marked examples, and the public will
be losers in various ways. And if he leaves
the neighborhood, he will be subjected to
many lnc0nveniences, and more or less of pc
cuniary loss while his defeat will result in
wretched decentralization of the citizens.
Says DR.. Sanger :-''What the profession
that is, | suppose. the Maine Alopathic
Medl Assocn asks, is the protection of law
compelling the plaintiff to give bonds for tax
able costs in case of failure to establish a
case" This would be turning the tables with
vengetul fury on the impecunious part of the
public. They cannot wiggle any more sure
lv now they will have to pay for their former
sins, the sins of their toretathers, and the sins
of their class against the profession. 1t may
be that hitherto all, or most of the suits
against surgeons have been unjust, q do not
profess to decide), but now, with the law so
arranged, true malpractice can, and will in
deed commence a headlong and unobstructed
career. And if the law desired bv Dr. San
ger becomes a fact, | would wish you good
bye here in Maine, lest the poor may find a
way to retaliate against the medical men with
out distinction (and public fury is as blind as
a whirlwind lest the poor may begin to set
fire to doctors barns and houses and burn
their goods and cattle, their families and
themselves. All of you understand something
about the bitter fury of a large proportion of