The implied contract of a physician or
surgeon is not to cure…but to treat the case with diligence and skill.
- In 1832 Connecticut court focused
     on the word "ordinary "A physician and surgeon, in the
     performance of his professional duties, is liable for injuries resulting
     from the want of ordinary diligence, care and skill…"Ordinary"
     means usual, common…If in the performance of any operation there was a
     want of ordinary diligence, care, and skill, or if there was carelessness,
     then the defendant–physician is liable.
 - Twenty–one years later, the
     Pennsylvania Supreme Court ruled similarly, emphasizing the word
     "reasonable," in addition to "ordinary."
 - The implied contract of a
     physician or surgeon is not to cure…but to treat the case with diligence
     and skill. The question is...whether the doctor had employed such skill
     and diligence as are ordinarily exercised in his profession… The rule (is)
     to be reasonable…The law demands…not extraordinary skill such as belongs
     only to a few men of rare genius and endowments, but that degree which
     ordinarily characterizes the profession.
 - In 1860, the Supreme Court of
     Illinois issued its first decision on what constitutes the standard of
     care of a medical physician. The lawsuit claimed that a physician, who
     incidentally was represented by a then–practicing attorney named Abraham
     Lincoln, had been negligent for improperly applying a cast to treat a
     wrist fracture that had been sustained by the plaintiff. The court
     declared
 - When a person assumes the
     profession of physician and surgeon, he must…be held to employ a
     reasonable amount of skill and care. For anything short of that degree of
     skill in his practice, the law will hold him responsible for any injury
     which may result from its absence. While he is not required to possess the
     highest order of qualification, to which men attain, still he must possess
     and exercise that degree of skill which is ordinarily possessed by members
     of the profession. And whether the injury results from a want of skill or
     the want of its application, he will, in either case, be equally liable.
 
No comments:
Post a Comment