The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-09-03
sues THE SURGEON r
New Point in Medical Jurisprudence
Raised by Local
a- Action.
The Plaintiff Claims Operator Went
Farther Than He Was Au-
thorized to Do.

An unusual malpractice case Drought IN
the Hennepin county court has attracted
the attention Of the Northwestern Lam
Get, as 1t involves a legal point that has
never been settled in any court.
The plaintiff sues a Minneapolis sur
geon for $10,500. 1t seems that she pre-
sented herself to be operated on for a
growth which caused soreness, and could
not be accurately diagnosed. After the
anaesthetic was administered and the in
cision was made, the surgeon found a
malignant cancer, and to remove it., had
to take out the entire gland. Her hus-
band could not be found at the time, and
he acted on his own responsibility.
J. In her complaint the plaintiff says the
operation was without her knowledge and
consent and contrary to an agreement
made; that she is wounded, manned and
disfgured for life and has not since been
able to do her household work.
A Medical View Point. ~
Commenting on the CASE the Lancet
says: = -.
1.-THE main issue in this case raises an
important legal question that has never
been decided in court of last resort,
either in England or American; and the
question is as to the right of surgeon
to extend an operation without the ex-
pressed consent of the patient. 81
"The average person Is thankful to be
relieved Of a cancer, and Is too thankful
for prolonged life or health to prosecute
the man who performed the operation,
even If he was not expressly authorized
to do 1t. Diagnosis Is not an exact sci
ence, and hence it Is necessary for the
surgeon to make an exploratory examina-
ton to determine the character of dis
ease, and if, in his judgment, the disease
is malignant and removable, and the life
Of the patient be thereby prolonged by
q m fha
the responsibility of interference.
1.-The law provides that the surgeon
must use ordinary skill and care in his
work. 1t does not demand of him such
expert knowledge as to make him infal-
lible. The law also takes into considera-
ton the emergencies which must at times
confront the surgeon in his work. He
must then do what In his Judgment is
best under the existing circumstances. Il
a surgeon is employed to do special oper.
alton, and finds it necessary to extend his
field Of exploration or removal he may
or may not be exceeding his rights under
the contract, yet he proceeds without re.
storing the patient to consciousness tt
gain his consent. 49,
'"The surgeon who uses good Judgment
! ordinary skill, care and diligence in ar.
irving at a conclusion and in carrying Out
an operation, will not incur uncalled-fo
responsibilities.
Trust to the Surgeon.
"a large number Of surgical operations
for the cure or relief of the patient are
performed in which the surgeon is giver
great latitude, and the same skill and care
are required whether the operation is &
vital one or one in which relief only Is
obtained. There Is no authority or rule
governing the surgeon. The patient usu.
ally authorizes the operator to use his
best judgment, and the majority are will.
ing to abide the result. Whatever the
operation, the consent of the patient must
be obtained; yet tacit consent is giver
by the patient when he presents himself
for operation. AS a further safeguard
the surgeon should ask consent to do what
ever in his judgment is best for the pa.
tent, II possible be allowed to extend the
operation to meet possible contingencies
To protect himself from irresponsible par.
ties or blackmailers, the contract for con.
sent should be in writing and witnessed
in proper form. Fees are lost or rebated
and damage suits threatened against sur.
geons who open the doors too wide OF
who fail to provide protection from un
| scrupulous parties. The surgeon is in
Inundated, and loses his fee rather thar
press his claim when the outcome is s
matter Of doubt
An insurance company has prepared tt
defend the physician against the case Ii
/ question.