The New York Code of Medical Ethics in some of its legal aspects.

Date:
[1882?]
Catalogue details

Licence: Public Domain Mark

Credit: The New York Code of Medical Ethics in some of its legal aspects. Source: Wellcome Collection.

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    The objections to this rule, stated in a more specific and less passionate way, are as follows : 1. The rule does not fairly express the opinion of the majority of the members of the County Medical Societies, and should be reconsidered by the State Medical Society at its next annual meet¬ ing, and at such meeting the delegates of the County Medical Societies should be required to vote as they may be instructed by the County Societies. 2. The rule, in principle, involves an abrogation of all the other rules of the Code of Ethics, because there is no more reason why the restriction upon consultation should be removed than various other restrictions which it contains, such as those upon making and using secret nostrums, owning patent medicines, and publishing cures ; and the Society has no more right to allow its members to consult with practitioners whom it does nbt approve, although legally qualified, than to allow them to practise quackery. The issue, therefore, we are told, is Code or no Code ; and the question is, Shall the physician be left to the unwritten law of con¬ science, professional honor, and humanity, or be governed by statutes ? The advocates of the new rule contend : 1. It is not their purpose to do away the written Code of Ethics. An objection to one restriction is not an objection to all restrictions. So far from opposing Codes, the new rule is part of the Code of which they have furthered the passage. And the ques¬ tion in every case, as to what is to be left to the sound discretion, conscience, and honor of the practitioner, and what is to be gov¬ erned by strict written rule, must be determined by the nature and circumstances of the case. 2. An important circumstance, controlling the question of consultations, is the fact that the Legislature has recognized a a large class of practitioners, as legally qualified, whom the old rule would not allow members of the Society to consult with ; and it is better to conform to the legislation of the State, and seek to guide and enlighten it, than to resist or disregard it. 3. In view of the laws establishing the State and County Medi¬ cal Societies, and the powers conferred upon them, including the power to make by-laws, and enforce them by expulsion, the old rule, restricting consultations, is of doubtful validity, and could not be enforced by the expulsion of a member disregarding it.