taking the heart out of the oncometer ments. Thus, so long as the functional capacity of the heart is unknown, there will always be danger of sudden cardiac failure. A heart may be able to meet all ordinary requirements, and may seem normal, and yet these ordinary requirements may demand all that the heart is able to give; when an extraordinary occasion arises such a heart is unable to respond, and is forced into fibrillation and diastolic and handling it very gently) produced Medico-Legal UNDER CHARGE OF WILLIAM E. BUTLER, B.S., M.D., JUR. D., Member of the New York Bar; Professor of Medical Jurisprudence at Dartmouth. In opening a Department in a medical journal for the elucidation of questions affecting the relationship of the physician and surgeon to the law, it is well to have clearly understood at the outset the obligation which the doctor assumes toward his patient, and, as well, the duties taken up by the patient when he accepts the services of the physician or surgeon. For we shall have to bear this relationship clearly in our minds thruout the series of discussions that will appear in this Department, else we shall fail to profit by them. This relationship is based entirely upon the legal significance of contracts, and perhaps a few words on this subject will clear the air and allow a broader discussion as to the effect of this law of contracts on the physician or surgeon and on his patient. A contract is an agreement enforcable at law made between two or more persons by which rights are acquired by one or more acts or forbearances on the part of the other or others. An analysis of the law shows that to make a valid and binding contract we must have all of the following ele ments: I. An offer and its acceptance. 2. Reality of the assent expressed in the offer and acceptance. 3. 4. 5 Legal capacity of the parties. Legality of the object which the contract proposes to effect. There is a meeting of the minds of the parties to a contract when the first element is effectuated. This offer and acceptance may take place in any one of three ways: I. In the offer of an act for a promise. act. 2. In the offer of a promise for an 3. That he will exercise reasonable care in the management and treatment of the case. 4. That he will always act accord 3. In the offer of a promise for a ing to his best judgment. promise. The doctor is affected by the first where the act is the giving of services on his part in return for the promise of the patient to fulfil certain duties on his part, as for instance the payment for those services when completed. Now this offer and acceptance may be either expressed or implied. They are expressed when a definite arrangement is made either in writing or orally in the presence usually of witnesses. An express contract is entered into when a physician or surgeon undertakes to treat a patient for a certain time or for a certain disease and the patient agrees to pay a certain, definite sum for such services. Usually the contract is implied and no special time for treatment is specified or amount of payment definitely named. 5. That he will not leave a patient without the consent of the patient or relatives unless he gives reasonable notice or furnishes the services of another physician. 6. That he will not experiment on his patient but will always consider the welfare of that patient exclusively. 7. That he will not disclose any communication received from the patient or discovered in his examinations during the course of treatment. The patient on his part contracts: I. That he will give the physician all information concerning the facts and circumstances of his case and full opportunity to treat him properly. 2. That he will obey his instructions and follow his directions. 3. That he will pay the doctor the reasonable worth and value of his services. All of the different elements enter The practitioner, then, implies, when ing into the contract have been litihe undertakes a case: gated and from time to time cases will be cited in these columns and explained and their bearings on the practitioner gone into. An endeavor will be made to steer the physician and surgeon clear of the legal difficulties that lie in his path and to show him where he may enforce his rights. $1-50c. Canadian Practitioner and Review. To- 80 78 Centralblatt für Chirurgie. Breslau. W.. 79 Centralblatt für Gynäkologie. Bonn. $6-20c. Centralblatt für Innere Medicin. W., $6-20c. W.. Bonn. Journal of Minn. State Med. Ass. and N. W. Lancet. Minneapolis. Semi-m., $3 Detroit. M., $2-20c. -20c. 10c. 163 Journal of Missouri State Medical Asso- 207 Medical World. Philadelphia. M., $1- Medico-Legal Journal. New York. Q., $3 Médecine Moderne. Paris. W., $2.40- 164 208 165 Journal of Obstetrics and Gynecology of 209 210 Medizinische Klinik. Berlin. W., $8- 211 212 166 Journal Oklahoma State Medical Associa- 167 Journal of Pathology and Bacteriology. 168 Journal of Pharmacology and Experi- 169 Journal of the Tennessee State Medical 170 Journal of Tropical Medicine and Hy- 172 Journal de Médecine de Paris. France. Medizinskoe Obozrenie. Russia. 10 rou- Memphis Medical Monthly. 213 Memorabilien. Heilbronn. M., $2.70-30c. 215 216 218 Military Surgeon. Washington, D. C. M., Milwaukee Medical Journal. M., $1-10c. Mittheilungen aus den Grenzgebieten der Monatsschrift für Psychiatrie und Neuro- Monatsschrift für Unfallheilkunde und Leipsic. $3-30c. Monatsschefte für Geburtschülfe u Gynä- Montreal Medical Journal. Canada. M., Monthly Cyclopedia and Medical Bulletin. Montpelier Médical. France. W., $9.50- 25c. 173 Journal de Physiologie et de Pathologie 220 221 175 Journal des Sciences Médicales de Lille. 222 New England Medical Monthly. Boston, New Orleans Medical and Surgical Jour- W., $5-15c. 233 New York Medical Times. M., $1-10c. New York State Journal of Medicine. New York. M., $1-25c. 183 181 Quarterly Journal of Medicine. 182 La Clinica Chirurgica. 184 -75c. La Clinique. Brussels. W., $2.50-20c. Louisville Monthly Journal of Medicine 27 Münchener Medicinische Wochenschrift. Nashville Journal of Medicine and Sur. 190 Lyon Médical. France. W., $5-25c. North American Journal of Homœopathy. New York. M., $3-30c. Northwest Medicine. Seattle, Wash. M., 240 Norsk Magazin for Legevidenskaben. Christiania. 3 kroner. Nouveaux Remèdes. Paris. Semi-m., St. Louis. M., $1-10c. 241 Nouvelle Iconographique de la Salpêtrière. 242 243 Obstetrique. Paris. M. 244 Oklahoma Medical News-Journal. M., $1-10c. 245 Medical Fortnightly. St. Louis. $2-20c. 201 Medical Press and Circular. London. W. M., $2-20c. 204 Medical Sentinel. Portland, Ore. M., $1 Okla. Old Dominion Journal of Medicine and 247 Ophthalmic Review. London. M., $4- 248 50c. Opthalmology. Milwaukee. Q., $5-$1.50. Pediatrics. New York. M., $2-20c. |