Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-04-29

| frequency Of the occurrence Of cases Of ficti-
! tiOus injury and the the certainty of physi-
clans being more or less involved in them,
and urged especial caution to avoid being de
celved, and the unpleasant complications re-
sulting therefrom.
VIII.
! The eighth and last lecture was delivered
| yesterday. 1t related to the legal rights and
liabilities of physicians. In order to practice
medicine, in most of the States, license to
/ practice, from some board of authority, or
diploma from IA Medical College, is neces-
sary. Some States unfortunately dispense
with the latter requirement The physician
is legally entitled to a reasonable cOmpensa-
ton for his services and can maintain an ac-
ton for the same, what is reasonable being
determined by the uSages of the profession
and the circumstances of the case. In Eng
land, no action lies for pay for physicians
services. The doctors fee there is paid as
matter of course, usually after each visit ;
but it is regarded as an Aoaordrianl, and he
| cannot sue for it.
| Mr.. Phelps thought it would be well if
| physicians should discriminate more in their
charges as lawyers do; not making uni
form charge, per visit, but charging more in
difficult and critical cases, and less when the
service is simple or nominal. The subject
of compensation to a hish-minded man in
any profcssion-though important and nee
essary, Will be a secondary one.
Physicians may be liable either civilly
or criminally. In many States there are
| laws with reference to conditions in
| order to practice medicine, requiring GER
tifcates in cases of DEATH or for burials, etc,
violation of which may be a misdemeanor.
II behooves gentlemen Of any learned pro-
fessiOn TO set an exa;rnle of obedience to the
laws, in regard to all these and all legal regu-
latlons, whether they approve of them or
not. If they are laws they should be obey
cd. physician may he liable to indict-
ment and trial for manslaughter, and it is a
| pity that criminal statutes are not oftener
enforced against quacks and charlatans-in
the following cases lst. When he is guilty
of gross Ignorance. There have been cases
in which courts have held that physicians
were not liable for mere Ignorance, however
| great but that is not the law according TO
the best authorities. II a man who is gross
ly Ignorant and knows that he is so, reck-
lessly experiments upon patient and death
ensues, he may be punished for manslaugh-
/ ter. 2d When guilty of gross negligence.
/ In some States If a physician prescrbes Tor
patient when drunk, ii is manslaughter by
| special statute. if death cnsues. But it is
also so elsewhere, without special statute.
Gross negligence may be shown by prescrib-
/ ing the wrong medicine, or the right in the
wrong quantity. The physician, however,
| Is not liable for an honest error of judgment,
though it may prove fatal to his patient. Sd,
For performing an operation to procure aDor
ton. This if death ensucs, is justly made
manslaughter in high degree. A ply
sician is civilly liable il he fails to bring to
In s,f
and ordinary care" Ordinary skill and
care are what would be considered tine
average skill and care of the average
| physician. If the treatment, either surgical
or medical, is such a= the generality of COM
mon physicians would approve, there is no
liability to an action for damages. Such
actions are more common in surgical than in
medical cases, because of the difficulty of
tracing the exact consequences of medical
I treatment.
There are many cases in which the result
is necessarily doubtful. The patient may
recover sound limb or he may not. In
case of failure, the best physician may be lia-
able to an action; and such cases are often
decided by most incompetent juries. The
lecturer hoped to see the day when such
cases will be referred by the Court, at the
instance OF either party, to competent
board of experts. But as a general thing a
capable physician exercising ordinary care
and skill, will escape liability though he
may not escape actions for malpractice.
| OF course physicians will be careful how
| they cOuntenance such actions against their
| professional brethren except in cases clearly
| well-fOunded
IL is well to avoid as far as possible deal
! ing with doubtful surgical cases, if the pa
| ticnt is of such character that he is likely
| 10 bring suit, in case of failure II Obliged
to deal with such case, make it plain at the
| start that you consider ii doubtful case,
and If possible f0rtify yourself by the aid Of
! the best medical counsel. Ii IN spite of these
| precautions YOU become involved in suit
| for malpractice, employ good lawyer, give
him the facts and hold your own tongue.
Mr. Phelps closed with the remark that he
had by no means covered the whole ground
OF medical jurisprudence, in these lectures.
lie had tried to avoid theory and speculation
and to make his suggestions practical, and
he thanked the class for their courteous at
tention.
When the applause which followed his
close subsidized Mr.. Frank \. Lewis, of the
class, rose, and in behalf of his classmates,
in very handsome terms, rendered their
thanks for the lectures, marked rs they had
been by such clearncss. elegance and prac-
tical value.
Mr. Phelps responded briefly, saying that
no audience was so pleasant TO address as a
body Of young men, whose feet are on the
Threshold of life and who are eager 10 learn.
Their guiding star in life should be their
sense OF duty. Reputation, money, social
position are all desirable but to him who
follows his duty, all these will be added.
Renewed applause followed the response.