Ontario Reports Volume 4

Ontario Reports Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...as partners all are liable for malpractice by any member of a firm. Malpractice (mala praxis) is bad or unskilful practice by a physician or surgeon, whereby the health of the patient is injured. Negligent malpractice means gross negligence and lack of the attention which the situation of the patient requires; as if a physician while in the state of intokication should administer improper medicines: that is not charged here, but what is charged is ignorant malpractice, namely, a course of treatment which was calculated to, do injury, which has done harm, and which a well educated and scientific surgeon ought to know was not proper in the case. In 1697 the Court of King's Bench (temp. Chief Justice Holt) resolved in Doctor Gr0e1welt's Case, which Lord Raymond reports at p. 214-in the quaint language of the day, "That mala praxis is a great misdemeanour and offence at common law (whether it be for curiosity and experiment or by neglect) because it breaks the trust which the party has placed in the physician, tending directly to his destruction." The burthen of proof is upon the plaintiff in an action of this character, to shew that there was a want of due care, skill, and diligence on the part of the defendant, and also that the injury was the result of such want of care, skill, and diligence. The general rule of skill required of a medical practitioner was thus ably summed up by Erle, C.J., in Rich v. Pierpont (1862), 3 F. St F. 35, at p. 40: "A medical man was certainly not answerable merely because some other practitioner might 'possibly have shewn greater skill and knowledge; but he was bound to have that degree of skill which could not be defined, but which, in the opinion of the jury, was a competent...show more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236808959
  • 9781236808950