The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-04-02

tlsements appear In the leading British medi-
cal journals Offering such practices for sale.
On the Continent Of Europe dealings OF this
sort are less common. but ono OF them recently
gave rise to a curious litigation in France be-
tween a physicians widow and a doctor 10
whom she undertook to introduce her late hus-
bands patients. In consideration OF his agree
meDt to pay over TO her a specified percentage
OF the fees which he might receive from them.
The parties got into a controversy as TO what
was the actual amount OF those fees. and the
lady demanded an inspection Of the doctors
visiting list and cash book. This was re-
fused on the ground that IL called upon the
doctor to disclose professional secrets, but the
court overruled the objection. holding that the
widow was entitled 10 be assured that she had
received her stipulated compensation. and that
the books In question could not be withheld
under the p~retence Of professional secrecy. In
asmuch as they would not contain any record
OF the PATIENTS ailments.
A memorandum OF the law OF England re-
lating to the obligation or medical practition-
ers with regard to professional secrecy has
been prepared by Mr.. Muir Mackenzie. at the
request OF the General Medical Council. to be
furnished TO the Russian Ambassador. who
desires the in behalf Of the Cars
Government. The first question which the
author CONSUMERS Is whether u medical Uan
can be made 10 divulge professional conf
dences in a court Of law. He cites the leading
English cases and concludes that they make
1T clear that a medical man not only may. but
must. IL necessary. violate professional conf
dences when answering questions material to
an issue in a court OF law" The law OF New
York is directly contrary to that OF England
In this respect. for here we have a statute
expressly forbidding such disclosures. The
second inquiry discussed in Mr.. Mackenzle's
memorandum is whether a medical man may
under any circumstances be permitted to d.
vulge profession l condolences in the inter-
course OF daily life. The law OF Scotland is
stated to be that secrecy Is an essential con-
di.ion OF the contract between a medical man
and his employers" 40 that tho patie mt MAJ
maintain an action to recover damages for a
breach o: secrecy. There are very few judi
ciaI utterances on this subject in England. but
Mr.. Mackenzie appears to be OF the opinion
that the same rule prevails there as in Scot
land.
In the celebrated case OF Kitson vs.. Playfair.
which was tried before Sir Henry Hawkins 10
80. two exceptions were generally recoR-
uized by the medical witnesses to the rule pro-
hibitinR the disclosure by a physician of his
patients secrets. One was where thu com
mu aication from the patient indicates the
commission Of a crime. The other was where
a violation Of professional secrecy ia essen.
tial TO the protection Of the wife or children Of
the physician. The case, In the end. was dis
posed Of in such a way that there was no de-
oision Affirming the existence Of these excep-
tions. The New York statute which forbids a
physician from revealing as a witness what he
has learned from.his patient as a doctor does
not prescribe a rule OF professional conduct
- ~ 2N 20 81 - H. L-I
eral intercourse with society" however. So
said the Court OF Appeals. speaking through
Judge Andrews. in the case Of the Buffalo
Loan. Trust and Safe Deposit Company VS..
knights Templars i126 n. Y. Reports. page
400 decided in 1891.
The law seldom las to deal with a more grim
and CHASTITY set OF circumstances than those
recently presented to the District Court OF tho
United States for the District Of Massachusetts,
in n salvage case arising out OF the discovery
OF the body OF a man floating iu the sea in the
vicinity Of the place where the French steamer
La Bourgogne was lost. The finders were tho
master and crew OF the fishing schooner w..
II. Cross. Upon the corpse was a wallet con-
tanning ninety. nine gold coins and bank notes
to the value OF 81 900. There were no means
OF identifying the body. which was sunk in the
ocean after removing the money. a claim
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