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MEDICINE AND THE LAW.
MEDICINE AND THE LAW.
1791
Physicians of London on Monday, June 22nd, at 5 P.M. The which they take up. No practitioner who owes a duty to his patients can afford to be taken away out of reach subject will be "Les Maladies dites Familiales (Senescence regular unless the person who sends for him is ready and willing to Physiologique Pi6matui6e Localise à Certains Systèmes pay his reasonable fees. Organiques)." Members of the medical profession will be admitted on presenting their cards. Authority of Manager to obtain Mediaal Assistance for Workmen.
The case of Hamilton Hart v. Shipbreaking Company, IN an annotation in THE LANCET of June 6th we which was heard by his honour Judge Eardley Limited, announced the names of donors of seve] al amounts to King Wilmot at the Felixstowe county court on May 19th, raised Edward’s Hospital Fund for London, with the object of a question of considerable interest in relation to the implied raising such a sum as would enable it to distribute
I
LONDON AND COUNTIES MEDICAL PROTECTION SOCIETY.
1792
general manager of a railway company incidental to his employment, authority to bind the company to pay for surgical attendance bestowed at his request on a servant of the company injured by an accident on its railway. Irifantioide and Live Birtla. In THE LAKCET of May 23rd, p. 1507, reference was made to a private Member’s Bill before the House of Commons having for its object the protection of infant life by making it a crime punishable with penal servitude for life to destroy the life of a child during birth and before the child shall have been fully born. The demand for such a measure is certainly supported by two recent inquests held by Dr. F. J. Waldo in the City and Southwark courts upon the bodies of infants, one of which was found under the seat of a railway carriage and the other beneath the flooring of a house in Southwark. In both cases the evidence plainly showed that the child had been born at the full term and disclosed no reason why death should have supervened. In one case it was evident that death had been caused by suffocation. It was impossible, however, in either case to show by evidence based upon post-mortem examination that either child had had that existence separate and independent of the mother which is necessary to constitute the crime of murder on the part of him who wilfully destroys the newly begun life. Consequently open verdicts were returned and had the mother of either child been ascertained and had she been apprehended no crime beyond that of concealment of birth could have been charged against her, with any expectation of her conviction. At the inquests referred to Dr. Waldo informed the juries of the state of the law, and stated that out of 256 cases in which coroner’s juries had found that murder had been committed at the time of birth or soon after none had been found to be supported by the evidence necessary to secure conviction on that charge at the Old Bailey. He also mentioned that the report of the Commission on Capital Punishment, held in 1864-65, recommended that to inflict injury upon a child during its birth or within seven days after from which it subsequently died should be made an offence short of murder, and be punishable with penal servitude or imprisonment ; and that no proof of the child having been completely born should be required, and that trial for concealment of birth should be upon a separate indictment. Dr. Waldo also was of the opinion that infanticide was on the increase and that the possibility of receiving severe punishment might act as a deterrent to prevent the cruel doing away with their offspring by mothers. Possibly the proposal referred to-namely, that the newly defined crime should consist in destroying the child’s life during birth or within a few days from birthmay be a good one. Lord Robert Cecil’s Bill, if it becomes law as it stands, may lead to doubt and disagreement on the part of a jury as to the moment of a child’s death, and consequently as to the precise crime committed, which would be obviated by the introduction of a longer period during which the act constituting the offence might be performed. It is true that at present the killing of a child newly but fully born constitutes murder, but in fact such murders if brought home to the accused are rarely if ever followed by the carrying out of the capital sentence. with
a
surgeon.
has, however,
as
The
said that the Medical Defence Union paid for defence, to a limited amount. The words " up to a limited amount " had led to the error which they regretted extremely and the opportunity of the annual meeting was taken of drawing particular attention to it. A circular had been issued to all members of the society in regard to a scheme of raising the subscription so that members would be insured against the whole risk of adverse verdicts and costs. The reply from the members had been such that the council had decided not to move any further in the matter, since two-thirds of the members had not voted at all, though of those who did vote four-fifths were in favour of the scheme. Mr. E. C. BENSLEY seconded the motion which, after it had received the support of several gentlemen, was carried
including counsel’s fees, up
unanimously. A motion recommending the council to consider the raising of the annual subscription to ,S1, proposed by Dr. L. S. FORBES WINSLOW and seconded by Dr. W. G. DICKINSON, was carried by 10 votes to 1.
The annual report of the council contained an account of the satisfactory financial condition of the society. The surplus of .6521 added to the funds of the society at the end of the year must be regarded as satisfactory in view of the fact that the expenditure for 1907 was the heaviest yet incurred by the society in any one year. It was also satisfactory to be able to point out that this unusually heavy expenditure was more than covered by the annual subscriptions alone and that all entrance fees and donations were carried over, as in every previous year, to the reserve funds. The necessary liability to heavy annual fluctuations in the expenditure of a society such as theirs was well illustrated by the cost of litigation in 1906 and 1907. In 1906 the society succeeded in recovering 63 per cent. of their expenditure on litigation from the other side ; in 1907 the proportion of expenditure thus recovered amounted to only The balance standing to the credit of the 7 per cent. society at the end of 1907 was .E3680. Apparently there was an increased tendency in recent years for people to claim compensation from their medical and dental advisers whenever the results of treatment (perhaps the most skilful and careful) were not as satisfactory as could be wished. Considerably more than 10 per cent. of the members made some application to the society during the year. A member having commenced county-court proceedings to recover his fees for medical attendance was met by a counter-claim for 950 on the ground of alleged negligence or want of skill. The case was accordingly taken up by the society on its member’s behalf. The judge, in giving judgment for the plaintiff, said that the counter-claim was a monstrous one. He said that he spoke strongly because there were always base minds ready to entertain any insinuations, but, so far as his voice could help, he wished it to go forth that the plaintiff’s treatment of the deceased person had been skilful and proper, and that there was not the slightest evidence to show that any one of the defendant’s statements was justified. A member of the society, having expressed an opinion that his payment as medical officer to a slate club was too low, was summarily dismissed. An action for wrongful dismissal was brought by the society on the member’s behalf and damages were awarded to him. A member threatened to take county-court proceedings to recover an account for professional services. The debtor thereupon wrote to him an abusive letter in which the doctor was as a .. rogue," a "tyrant," a I I villin, and a LONDON AND COUNTIES MEDICAL PRO- characterised " and the writer wound up with an assertion that he scamp," TECTION SOCIETY. himself was an honest man. The member was advised that the letter was not actionable and was in any case mere THE annual general meeting of the London and Counties vulgar abuse. In reply to complaints a member was informed Medical Protection Society was held at the office of the that false statements made in evidence before a county society, 31, Craven-street, Strand, London, on June llth. court, followed by the sending of newspapers containing an Dr. G. A. HERON, the chairman, proposed the motion account of the case to patients of the plaintiff doctor, did receiving and adoptin the annual report of the council and not afford ground for an action for slander. A member the balance-sheet. He said that the statement which wrote calling attention to the advertisement of a new appeared in the annual report that the society was the only Medical Directory and objecting to its competing one of its kind which paid the whole personal cost entailed with a well-established and really authoritative work by the successful or by the unsuccessful defence of its and to its throwing on medical men the trouble of members was incorrect, because the Medical Defence Union filling in another form every year and paying the paid the costs of actions in which it was concerned in exactly postage of it. He thought annoyance would arise from the same manner as the London and Counties Medical the omission of medical men’s names from the new directory. He explained that the mistake had In reply he was advised that if a medical man wished his Protection Society. occurred in consequence of a mi-statement of the facts in name to appear in it he would fill in and return the form regard to the case of Southern v. Lynn Thomas and Skyrme sent him, and that if he did not do so he could not complain which had appeared in the medical papers, in which it was if his name was not inserted. Whatever view he might take
1791
Physicians of London on Monday, June 22nd, at 5 P.M. The which they take up. No practitioner who owes a duty to his patients can afford to be taken away out of reach subject will be "Les Maladies dites Familiales (Senescence regular unless the person who sends for him is ready and willing to Physiologique Pi6matui6e Localise à Certains Systèmes pay his reasonable fees. Organiques)." Members of the medical profession will be admitted on presenting their cards. Authority of Manager to obtain Mediaal Assistance for Workmen.
The case of Hamilton Hart v. Shipbreaking Company, IN an annotation in THE LANCET of June 6th we which was heard by his honour Judge Eardley Limited, announced the names of donors of seve] al amounts to King Wilmot at the Felixstowe county court on May 19th, raised Edward’s Hospital Fund for London, with the object of a question of considerable interest in relation to the implied raising such a sum as would enable it to distribute
I
LONDON AND COUNTIES MEDICAL PROTECTION SOCIETY.
1792
general manager of a railway company incidental to his employment, authority to bind the company to pay for surgical attendance bestowed at his request on a servant of the company injured by an accident on its railway. Irifantioide and Live Birtla. In THE LAKCET of May 23rd, p. 1507, reference was made to a private Member’s Bill before the House of Commons having for its object the protection of infant life by making it a crime punishable with penal servitude for life to destroy the life of a child during birth and before the child shall have been fully born. The demand for such a measure is certainly supported by two recent inquests held by Dr. F. J. Waldo in the City and Southwark courts upon the bodies of infants, one of which was found under the seat of a railway carriage and the other beneath the flooring of a house in Southwark. In both cases the evidence plainly showed that the child had been born at the full term and disclosed no reason why death should have supervened. In one case it was evident that death had been caused by suffocation. It was impossible, however, in either case to show by evidence based upon post-mortem examination that either child had had that existence separate and independent of the mother which is necessary to constitute the crime of murder on the part of him who wilfully destroys the newly begun life. Consequently open verdicts were returned and had the mother of either child been ascertained and had she been apprehended no crime beyond that of concealment of birth could have been charged against her, with any expectation of her conviction. At the inquests referred to Dr. Waldo informed the juries of the state of the law, and stated that out of 256 cases in which coroner’s juries had found that murder had been committed at the time of birth or soon after none had been found to be supported by the evidence necessary to secure conviction on that charge at the Old Bailey. He also mentioned that the report of the Commission on Capital Punishment, held in 1864-65, recommended that to inflict injury upon a child during its birth or within seven days after from which it subsequently died should be made an offence short of murder, and be punishable with penal servitude or imprisonment ; and that no proof of the child having been completely born should be required, and that trial for concealment of birth should be upon a separate indictment. Dr. Waldo also was of the opinion that infanticide was on the increase and that the possibility of receiving severe punishment might act as a deterrent to prevent the cruel doing away with their offspring by mothers. Possibly the proposal referred to-namely, that the newly defined crime should consist in destroying the child’s life during birth or within a few days from birthmay be a good one. Lord Robert Cecil’s Bill, if it becomes law as it stands, may lead to doubt and disagreement on the part of a jury as to the moment of a child’s death, and consequently as to the precise crime committed, which would be obviated by the introduction of a longer period during which the act constituting the offence might be performed. It is true that at present the killing of a child newly but fully born constitutes murder, but in fact such murders if brought home to the accused are rarely if ever followed by the carrying out of the capital sentence. with
a
surgeon.
has, however,
as
The
said that the Medical Defence Union paid for defence, to a limited amount. The words " up to a limited amount " had led to the error which they regretted extremely and the opportunity of the annual meeting was taken of drawing particular attention to it. A circular had been issued to all members of the society in regard to a scheme of raising the subscription so that members would be insured against the whole risk of adverse verdicts and costs. The reply from the members had been such that the council had decided not to move any further in the matter, since two-thirds of the members had not voted at all, though of those who did vote four-fifths were in favour of the scheme. Mr. E. C. BENSLEY seconded the motion which, after it had received the support of several gentlemen, was carried
including counsel’s fees, up
unanimously. A motion recommending the council to consider the raising of the annual subscription to ,S1, proposed by Dr. L. S. FORBES WINSLOW and seconded by Dr. W. G. DICKINSON, was carried by 10 votes to 1.
The annual report of the council contained an account of the satisfactory financial condition of the society. The surplus of .6521 added to the funds of the society at the end of the year must be regarded as satisfactory in view of the fact that the expenditure for 1907 was the heaviest yet incurred by the society in any one year. It was also satisfactory to be able to point out that this unusually heavy expenditure was more than covered by the annual subscriptions alone and that all entrance fees and donations were carried over, as in every previous year, to the reserve funds. The necessary liability to heavy annual fluctuations in the expenditure of a society such as theirs was well illustrated by the cost of litigation in 1906 and 1907. In 1906 the society succeeded in recovering 63 per cent. of their expenditure on litigation from the other side ; in 1907 the proportion of expenditure thus recovered amounted to only The balance standing to the credit of the 7 per cent. society at the end of 1907 was .E3680. Apparently there was an increased tendency in recent years for people to claim compensation from their medical and dental advisers whenever the results of treatment (perhaps the most skilful and careful) were not as satisfactory as could be wished. Considerably more than 10 per cent. of the members made some application to the society during the year. A member having commenced county-court proceedings to recover his fees for medical attendance was met by a counter-claim for 950 on the ground of alleged negligence or want of skill. The case was accordingly taken up by the society on its member’s behalf. The judge, in giving judgment for the plaintiff, said that the counter-claim was a monstrous one. He said that he spoke strongly because there were always base minds ready to entertain any insinuations, but, so far as his voice could help, he wished it to go forth that the plaintiff’s treatment of the deceased person had been skilful and proper, and that there was not the slightest evidence to show that any one of the defendant’s statements was justified. A member of the society, having expressed an opinion that his payment as medical officer to a slate club was too low, was summarily dismissed. An action for wrongful dismissal was brought by the society on the member’s behalf and damages were awarded to him. A member threatened to take county-court proceedings to recover an account for professional services. The debtor thereupon wrote to him an abusive letter in which the doctor was as a .. rogue," a "tyrant," a I I villin, and a LONDON AND COUNTIES MEDICAL PRO- characterised " and the writer wound up with an assertion that he scamp," TECTION SOCIETY. himself was an honest man. The member was advised that the letter was not actionable and was in any case mere THE annual general meeting of the London and Counties vulgar abuse. In reply to complaints a member was informed Medical Protection Society was held at the office of the that false statements made in evidence before a county society, 31, Craven-street, Strand, London, on June llth. court, followed by the sending of newspapers containing an Dr. G. A. HERON, the chairman, proposed the motion account of the case to patients of the plaintiff doctor, did receiving and adoptin the annual report of the council and not afford ground for an action for slander. A member the balance-sheet. He said that the statement which wrote calling attention to the advertisement of a new appeared in the annual report that the society was the only Medical Directory and objecting to its competing one of its kind which paid the whole personal cost entailed with a well-established and really authoritative work by the successful or by the unsuccessful defence of its and to its throwing on medical men the trouble of members was incorrect, because the Medical Defence Union filling in another form every year and paying the paid the costs of actions in which it was concerned in exactly postage of it. He thought annoyance would arise from the same manner as the London and Counties Medical the omission of medical men’s names from the new directory. He explained that the mistake had In reply he was advised that if a medical man wished his Protection Society. occurred in consequence of a mi-statement of the facts in name to appear in it he would fill in and return the form regard to the case of Southern v. Lynn Thomas and Skyrme sent him, and that if he did not do so he could not complain which had appeared in the medical papers, in which it was if his name was not inserted. Whatever view he might take