The obligation a physician toward his patient of secrecy and confidence regarded as very strict, and if a physician should call in a patient or other stranger, without first consulting his patient, or those who are in some measure related him and connected with him, would a very severe stretch morals and possibly law.
In fact, in a recent case in Michigan, a physician was held liable for damages who called in a stranger, an unmarried man, who was an unprofessional man, with him while was in attendance a confinement case.
In that case both the physician and the person called in, and who was present at that time, were held liable in damages and was further held that the right recover was not affected the fact that the patient supposed that the person called in was a medical man, and therefore submitted his presence without objection.
The statutes which create the privilege as professional communications and information necessary enable the physician prescribe, might not apply patients or other strangers, and this probably the reason for the rule law laid down in the Michigan case. The obligation preserve inviolate a communication as a privileged communication, including in the meaning the word communication all knowledge or information received while in attendance upon a case, would held have been broken the act the physician in bringing in a stranger who would not privileged Measure Recovery for Services Rendered. Terms Express Contract Govern Reasonable Worth the Rule in Implied Contracts. In case an express contract its terms necessarily measure the amount the charges.
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In the absence an express contract fixing the value the services rendered, the measure damages for breach of payment like that in any other case personal services, the reasonable worth and value the services performed.
So likewise if medicines or appliances are furnished, which are not reasonably expected and furnished, according dissertation writing coach the custom the school which the physician or surgeon belongs, the reasonable worth and value at the time furnishing them, and at the place furnishing them, the measure fixed by the law determine what shall recovered for them.
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Value Hoiu Proved.
When the medical man compelled into court enforce payment for his services, it has been questioned whether can testify the services rendered, and the facts and circumstances surrounding the patient at the time the treatment, because has been claimed that could not without violating the statute against the disclosure physicians information received which necessary enable them prescribe.
The tendency the later decisions, however, seems that the breach the patient's contract pay relieves the physician from his obligation of secrecy, and consequently, that if necessary for him go into court and prove the value his services, may testify, within reasonable limitations, all matters necessary inform the court fully as the nature and extent the disease or injuries the patient, in order that may show the responsibility imposed upon him and the extent the services that has rendered. This subject will fully considered under the head Privileged Communications. The usual course of practice where there not an express contract fixing the charges, prove the facts and circumstances showing the treatment and services, expository essay help and then produce other physicians who, in answer a hypothetical question stating the facts and circumstances in the case, assuming them as true, are allowed, if they state thesis writing help they know the value such services, give an expert opinion as what that value It has also been said Ordronaux, Jurisprudence Medicine, that if a feebill charges for such services has been established an association physicians recognized law, such as a countj medical society or a State medical society, incorporated pursuant statute, such fee-bill can, if properly authenticated as having been adopted the association, offered in evidence behalf the patient and against the physician. But such a fee-bill in such a case would not held conclusive, presumed help write an essay experts as the Duly licensed physicians are.
evidence the value the services, but will received in evidence, if at all, merely for the purpose showing what was the usual and ordinary charge in such cases. As shall see later under Malpractice, a judgment for services rendered, however small, a bar an action malpractice, because a judgment for the value the services rendered involves proof the part the plaintiff, help with report writing and a finding the part of the court, that the services had value and were skilfully performed and properly rendered. Custom Physicians Treat Each Other Gratis, Enforceable. Physicians frequently treat each other, and has been, held, where the custom exists without charge, that such a custom binding. Of course, this rule does not prevent physicians from making an express contract waive the custom and agreeing that the services compensated. Elements Proved in an Action for Service, etc. General Advice. The result these rules may thus summarized, The elements established in an action for services a physician against a patient are three in number the patient against a physician. The general rule that in an action which generally in form an action arising contract damages arising for a tortious act, or neglect, the for a tort cannot set as a physician cannot plead the perform counter-claim. It follows from this ance services and the non-pay that in an action a physician for ment his bill as a counter-claim services, damages for malpractice or recoupment, because that arises could not recouped or counter a contract.