Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1879-01-09
Vol. XIV. Whole No. 1850. No. 2.

Let any mathematician compute the pro-
fits and risks and determine the margin for
prosecuting attorneys who offer to settle
malpractice law suits for $500, the amouns
of their fees and costs, and give the clients
the go by. Let jurists decide the benefit of
a law which imperils the person and prop
erty OF the surgeon, increases the price and
hazard of surgery. deprves the poor OF its
benefits in hours of aflliction. has never
profited the poor one cent In the aggregate.
does not provide for the payment of its
judgments OF costs, and forces the innocent
surgeon to settle rather than be ruined by
costly trials 10 vndication of his skill. One
bad lawyer In each county, under the pres
ent law, can strike terror and lismay into
a whole army Of skillful and desenceless
surgeons.
showed in my pamphlet that seventy
surgeons had been prosecuted in this State
within my knowledge for $500 900 and
only nine convicted in sums aggregating
$1,000. every cent OF which was used up In
litigation. The sixty-one surgeons who
were not convicted paid out si3 900 to de-
fend their skill. All but eight OF the plain
THIS never paid the doctor for his services.
were not able to pay taxable costs and be-
came hopelessly involved by judgments tor
costs.
The surgeon asks in defence of himself,
his profession aud the people, that either
the lalrg.r be deprived by legislation of the
SPECIAL P0irer to arrest imprison or attach the
property OF the surgeon unless he be made
responsible for the damage done where
the suit fails, or that the plaintiff, in suits
tor malpractice, shall give a bond 10 pay
tGrIblc costs if he fuifS To maintain his ac-
tion. lie asks that the lawyer shall be de-
MED the special legislative authority to
pursue the doctor with frivolous and CON
tingeut suits at his expense without equal
authority to return the compliment so pro-
vided that The surgeon can make it equally
surleuSome.
surgery Is for the benefit OF the human
race, the poor as well As the rich, and it Is
denied to none. The surgeons diploma
and honorable record should be presump-
tive evidence OF ordinary care ahd skill.
twenty-five years ot practice, six of which
were In civic hospitals aud military ser
vice, WAS used against me as GggrpratiHg
damages. The patient is not benefited by
these suits. He IS either sold out by the
lawyer tor court fees and expenses, or sad
d'ed WIN d Ju"Shehl LOT costs "h.ch the
resurrection can RAISE. NY pamphlet
SHOWS that the lawyer sues Tor MS lees anG
what he can make out of the surgeon.
II j. urged that the courts should be free
Z" all. and law compelling bond for
'ANabie costs would "oFk detrlmehI to
the rights OF the poor anu be special or
class lt@is'atlon. me poor surgeon has
'i@h'' As wen d, 'he poor patient "hlch
eh"lttd protect MN IRON the expense OF
proving ordinary care ana sNlL which hts
diploma aua record imply upon the com
paint ni ,h' poor patent VINO depends
upon the 'hTfy OF the poor surgeon for
medical aid.
Inc refusal OF thr SUI S"oh TO VISIT the
poor removes the cause oi the rl@ht ana
.utiel' a general INJURY "hlch can Dr. rem
'H'ri 10 H' "-h's way lhdu restrict the
''-"t l." sac. tH'1 uot1 hoI "olN ANY
wrong ~ tAe patent acquires the right hv
tn" consent OF thH surgeon general
,'" NH'h 'I I> sptgla' Application Is open
ID 2eurrtt abuse a"d injury should be mod
IHed though VI De made class or special leg
''.i.loh.
Whatever protects, fosters ana e'eyateS
|hr standard "I the medical science and
'ii'"''nh p''oHe' general III Its dement's
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