Lectures on topics connected with medical jurisprudence delivered before the medical department of the University of Vermont / by E.J. Phelps, April, 1881 ; reported stenographically by Sumner Gleason and Chas. H. Nichols, and printed for the use of the medical class.

  • Phelps, Edward John, 1822-1900.
Date:
1881
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Licence: Public Domain Mark

Credit: Lectures on topics connected with medical jurisprudence delivered before the medical department of the University of Vermont / by E.J. Phelps, April, 1881 ; reported stenographically by Sumner Gleason and Chas. H. Nichols, and printed for the use of the medical class. Source: Wellcome Collection.

Provider: This material has been provided by the Harvey Cushing/John Hay Whitney Medical Library at Yale University, through the Medical Heritage Library. The original may be consulted at the Harvey Cushing/John Hay Whitney Medical Library at Yale University.

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    be, if it happens to occasion death, the offence is little short of murder. As I have said, even if death does not ensue, such an operation is a state's prison offence, and always ought to be; this destruction of unborn life. And the attention of physi- cians cannot be too earnestly called to the great importance of the observance of the statute on that subject, whatever the temptation, and whatever the importunity. It is a law that it is doubly unsafe to disregard, because public opinion backs it up, as you are aware, with great force, and it is punished with great severity. And it is a wise and humane law, that never ought to be disregarded, even if it could be done with impunity. I excej^t, of course, from these remarks, those cases whore such operations becom necessary to save life. Coming now to the subject of the civil liability of phy- sicians for Lheir professional conduct, that is to say, their lia- bility to respond hi damages to those who have suffered by it, we reach one of the most troublesome pieces of business a practitioner of medicine is ever likely to be involved hi; ac- tions for malpractice, as they are commonly called. It is easy enough for a competent and careful physician to escape any such legal liability; to escape, I mean, making himself right- fully amenable to an action of that sort. But it is by no means easy, always, to escape from unjust and unfounded claims of that character. The rule of law that regulates that liability, is very simple. And you will readily perceive when it is stated, that no man who assumes to practice as a physi- cian, and who thus invites the confidence of many who are not able to judge of his qualifications, if he cannot, or does not come up to that requirement, is entitled to much sympathy. The rule is this: the physician or surgeon must bring to the discharge of his professional duty, ordinary skill, and ordinary care. If he does that, he is not legally responsible for the