Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1897-03-11
Alfxanaria @aafttf.
THURSDAY svgNING MAR. II. 1877.
ARE DOCTORS CRIMINALS?


.'Are all the doctors criminals y
Tbs was the question put 10 tie mem
bers OF The Society Of Medical Jurispsu-
dence, in New York, Monday night ut
the Academy of Medicine by Stephen
c. Baldwin, member Of the
bar. To the astonishm, ut OF those
who heard him he answered the
question in the affirmative. He
said that perhaps every doctor III
the room had committed at some time
during his professional life the crime OF
manelaue hter in the second degree.
He told them that the penalty tor th*
oliepse was fifteen years and II ilhe vi
81 600 and the physicians present look
ed unhappy until the speaker informed
them that it was all on account OF the
wording Of section No 1913 OF the Penal
Code.
This section, the lawyer stated, said
that any physician who basteDs death,
whether Intentionally or otherwise, war
guilty OF tho crime mentioned. The
section said that hy ANY act, procure
ment or culpable negligence"
Some day you may wake up to find
yourself indicted" sud the lawyer.
There is needed no element OF intent
1t need only the act that results ln
death. You're ii family physician.
You find fresh air necessary for
patient, and you order window open
Ell. Next day the patient dies FROM
pneumonia. You read the statute, hnd
YOU find that Y are crlminal, Win
preme Citation and malice :.
The speaker sHid that there shoulG
be no ambiguity III the law. 1hat &c
rion, he thought, oprned the door t,
malicious ones " ho wished to hurt u ply
rlciuu He urged the medical pr les
siou 10 agitale for II cnapge in the law.
DR. Morrtll said IL was hard 10 think
that doctors could be classed az ciim
iuals, but he was sorry To Say there
was one class Of doctors that might
come under The section. He referred
to quacks. He said that ply sciaus
were trying TO keep this class down,
but found ii u difficult task. He said
that New York had the bert laws ioi
physicians in the country, but, unfortu-
natcly, they protected quacks equally
AZ well as Physicians.
Charles C.. Demond, II lawyer, said
that doctor could not look one
straight ia the eye. He had Tor years
been trying 10 find a doctor who could
tell him what allied him. He said that
50 long az the doctor end the lawyer
did what they thought was for the beet, ,
and their intentions were honest, then
all was well, and no one could find
fault
Alfred A. Ammon. IL lawyer, said he
thought the law was all right. at
would seem to me that doctor would
exercise more care with such u law On
the statute books than with IL not
there" said the speaker. Take the
case OF Elliott +. Shepard. A great
many people though he was killed 10y
the doctors who gave him ether. Yet
the doctors could not be held for ms
death. The law itself is a great safe
guard To the people. Without it there
would be ii GRIND opportunity TO muir
der under The plea of mistake"
John Sabine Smith said the statute
might need construction, but that no
case could be prosecuted under it
against the sentiment OF the people.
He referred to the case OF Miss Baker,
who was arrested for the death OF Mr.
Kernochan. mo one expects that she
will he punished" said MIR. Smith
''She may be indicted, but that is NIL.
There has been no serious result from
the statute. In the case of Elliott f.
Shepard the doctors might have known
more about the life of Mr. Shepard be-
fore giving him The ether, but, after all,
is only II matter of opinion"