Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1879-01-09
Profits and Risks of Surgery.

Profits and Risks of Surgery.
Ed. AMERICAN Having had three NAL
practice trials in year which fought 10
victory, having paid millions tor defense,
not ore cent tor tribute. " deem Ii my duty
70 make an earnest appeal 70 the people Of
Maine for their influence IN getting the
present laws on malpractice modified 80
that the surgeon can practice his art with
benefit to his patients, and with safety to
his reputation, his person, and his proper
ty, and especially to change the statute
which gives The lawyer power TO imprison
the doctor for opening felon, unless he
gives bonds.
Technically the power is invested in the
judge, To hear complaints for damages and
to issue writs ot arrest and attachment, but
the law has become corrupted IL cases OF
tort, 50 that any person without regard to
moral or legal qualifications, provided he
Is member OF the bar, can exercise the
dangerous and arbitrary power OF arrest,
or the attachment Of the property OF iuno-
49, pe''"''s -" ''"'" '''''I ioI I'''I ~ lht'F
o"'' 'Np'"Se'
II the charges prove 10 be false, the law
yer SHIFT, the accountability uu to his
worthless client, whom he can protect by
the special law Of "privic.cd commuuica-
ton aud leave The Iunocen, defendant Ia
shoulder ~ own costs lhF law j. specl-
any obnoxious 10 the physician aud sur
seon, who are liable to impriS ,nmeut loI
every dose "i medicine and every act ol
( cutting provided any one i Il can euou III
l" maze The complaint, ani a lawyer to j..
sue the writ
Last summer collected the statistics oI
malpractice >uit> 10 TIN, State Tot the Maine
Medical Association. which mere after
wards printcd 10 pamphlet form for dstrb-
utiou. lhi' society, embracing all the lead.
InG surgeons ~ the state. startled by The
h2ufe'' resolved with one accord, that the
practice Ui surgery Was dangerous under
the present law, and chose committee Ia
Apply Z" tue next Legislature for change
oi ~" ia"- van lhiS object 10 view peti-
uohS are orihG extensively circulate
through the State. lhi> pamphlet ha. been
extensively called Tor through the Middle
ahd western states; the physicians bein !,
thor u2h!y aroused 70 the necessity OF pro.
tectioh.
Inc '.seoh practices his art primarily
'o' "'i'-' 'e'o"dAriIy ior reputation
ana the oeheht OF ms tcllowmen. As rule
ne Flet' aiAe the rich and the poor, trust
Ihg that las shcrihces ana charities, like
oread cast upon the waters, may return in
S'"'''"d'' appreciation OF sAlIl and con
scioushess OF doing good, but not in expen,
sIFe, malicious, and speculative law suits
surgery Is not prohtaOIe N The smaller
towns a"a cities a the rich 20 To the inc.
't"Po''H' anu most Oh II occurs among Tie
laootlhS Grass ana mechanics, who are i'm
Po'ef'shed oy the very injuries and MOI .
CROWNS "h.ch me surgeon Is called upou
~ treat
a. e''dehce oi TINS nave taken from my
oooAs' chroho'os icaity' an average number
Oh uIihcnt ahd prevailing surgical opera
tohs' requiring sAill ana ready talent, viz
SIX alhputatiohs OF the thigh, leg and arm,
fractures OF the same and dissections oil
cahcefohs tumors ana breasts. making Is
cases IN all. ma that made 231 visits,
travelled 'Oi miles, and collected S2SS. 81
LOT my services. All resulted tavorably ex-
cept one emputation in person who died
from Inc shock OF the accident. earned
/ 20 cents mile Tor my services. My time
ana the use OF my morse and carriage paid
me oo per day. Tor three months the
time actually consumed with these surgi-
cal cases barely master mechanics
wages.
Fractures, disiocations, and gaping
wounds with displacement, cannot be per-
Jectty restored by either art or nature. The
results Will be imperfect, some times ap-
pfec'aoly So There will be shortening aud
ImmobiiIty OF limbs and joints, imperfect
healing, and contraction OF tendons and
sears causing defect IN form and function,
which the surgeon cant prevent. but which
The vicious lawyer and worthless patient
can turn TO the injury OF the surgeon who
has I" defend himself a. his own expense.
In tue 10 cases clttd, fror. my past exper-
fence l incurred the risk OF prosecutions
lot sioo'ooo. ana 70 pay out SIS. 900 IN law