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1 the physician can do without most of the germandrugs, because the prewar demand had been stimulated artificially 2 those few synthetics, which were in great need, are being rapidlyreplaced by the american-made drugs 218 in connection with the secondresult, the chemical laboratory of the american medical association hasendeavored to contribute its services 218 stieglitz, julius. Synthetic drugs ii, j a m a 70. 688 march 9 1918 leech, p n. The vindication of the american chemist;synthetic drugs, chicago chem bull january, 1918, p 230 in september, 1917, it was announced219 that the a m a chemicallaboratory would make studies of american-made synthetics just priorto this announcement, the national research council established acommittee on synthetic drugs220 “to facilitate the manufacture ofsynthetic drugs in this country and thus to relieve shortage and reducethe exorbitant prices which have resulted from the war ”221 alsoduring this time congress was considering the “trading with enemy” act, first known as the adamson bill-- the purpose of which was to conferauthority on the president to license american firms to use u s patents owned by german subjects the act became law, september 28. Thefederal trade commission was designated by the president to carry outthe provisions of the law as it referred to enemy-owned patents as aresult of a conference, oct 30, 1917, 222 with various agencies, thefederal trade commission decided to consider licenses for manufacturersof synthetic drugs, after recommendations had been made by thecommittee on synthetic drugs of the national research council.

And it has always been the law that an empiric or quack holdinghimself out as a regular physician is bound to have and exhibit thedegree of skill and care which he professes, and will be strictly heldto the standard of skill of educated and licensed medical men 194as to the legal meaning of the term “ordinary care and skill, ” and therules of evidence applicable in paper of malpractice, a full discussionwill be buy custom essays writing service had below, when considering the subject of civil liability formalpractice civil liability for malpractice any person holding himself out to be a physician or surgeon, or anyphysician or surgeon, who is guilty of malpractice, is liable fordamages, to be recovered in a civil action, instituted by the personinjured, or by those having a legal right to such person services this is so whether the injured person actually employed the defendantto prescribe or treat him, or not the liability flows out of therelationship, without regard to the element of employment, and it mayresult from negligence in treatment, or in prescribing, or in givinginformation and instructions to the patient as to how to take care ofhimself when under treatment the rules of law applicable to the dutiesof a physician to his patient are stated and the authorities supportingthem cited in chapter iv of this work 195ordinary care and skill only required - the leading paper in americaon the subject of civil liability for malpractice are. Leighton v sargent, 7 n h , 460, and carpenter v blake, 60 barb , 485 s c on appeal, 75 n y , 12 in the former case the court said. “in ascience encumbered with so thesis sources of error and difficulties, itis obvious what cause we have for proceeding with the utmost caution, and for advancing from step to step with the greatest circumspection it is in consideration of those peculiar difficulties that beset andencompass the physician and surgeon, that all enlightened courts haveheld that but ordinary care and skill shall be required of them, andthat mere errors of judgment shall be overlooked, if the generalcharacter of treatment has been honest and intelligent, and that theresult of the case shall not determine the amount of the responsibilityto which he is held. And that when unskilfulness or negligent treatmentof his patient is charged to a surgeon, it is not enough to show thathe has not treated his patient in that mode or has not used measureswhich in the opinion of others, though medical men, the case required;because such evidence tends to prove errors of judgment, for which thedefendant is not responsible, as much as it goes to prove a want ofreasonable skill and care for which he may be responsible alone it isnot evidence of the latter, and therefore a writingy must go further andprove, by other evidence, that the defendant assumed the character andundertook to act as a physician without the education, knowledge, andskill which entitled him to act in that capacity ”in carpenter v blake, upon the last appeal 75 n y , 12, it wassaid that the reasonable ordinary care and diligence which the lawrequires of physicians and surgeons is that which persons engaged inthe same general line of practice have and exercise in like paper 196story statement of the rule - story in his work on bailments, p 433, with his usual felicitous method of statement says. “in all paperwhere skill is required it is to be understood that it means ordinaryskill in the business or employment which the bailee undertakes. Forhe is not presumed to undertake for extraordinary skill, which belongsto a few men only in his business or employment, or for extraordinaryendowments or acquirements reasonable skill constitutes the measure ofthe engagement in regard to the thing undertaken ”occult influences should be considered by lawyers and judges - inthis connection it should be borne in mind by lawyers and judges, thatin the case of a physician treating disease, or a surgeon repairingan injury, occult influences frequently play a most important writing professor elwell in his work on malpractice, etc , p 25, lays greatstress on this element of uncertainty he says. “in the case ofphysicians, surgeons, attorneys, etc , another and important elementbesides skill enters into the result, and for this reason the degreeof responsibility is to a certain extent and in a manner indicatedand influenced this important element is the operation of causes andinfluences over which the practitioner has but little or no control they are occult, and no human foresight is able to anticipate thembefore they have completely deranged and materially interfered withhis plans by bringing about a different result than that confidentlydepended upon ”197change and advancement in medical knowledge also to beconsidered - it should on the other hand be clearly understood thatthe constant change and improvement which are going on in medical andsurgical education, in the discovery of new remedies and new methodsof treatment, and in the invention of new instruments, tend constantlyto elevate the average skill and intelligence of the profession, andwith them the standard by which the courts will determine liability fornegligence what would have been, but a few years ago, fully recognizedby the courts as ordinary skill in the treatment of disease and theperformance of operations, would now be regarded as antiquated and lessthan ordinary skill, because of the advancement in the knowledge ofmeans which can be devoted to the treatment of disease and injury 198we have already seen that what is the degree of skill to be requiredof one practising in a small town or a country district sparselyinhabited, and what is required in the case of a city practitioner, maydiffer to essay extent with the circumstances quacks and pretenders, however, must be judged by the standard of regular practitioners 199degree of care and skill a mixed question of law and fact - whatconstitutes reasonable care and skill is a mixed question of law andfact, like any other question of negligence where the evidence isundisputed and no conflicting inferences can be drawn from the factspresented, it is the duty of the court to determine whether or notthere is sufficient proof of want of ordinary care and skill to besubmitted to the jury where, however, the evidence is conflicting onthat point, or the inferences to be drawn from the facts establishedmight be differently drawn by different men having the same opportunityfor observation, and the same circumstances before them, it is forthe jury to say whether or not the defendant has exercised reasonablecare and skill, guided by proper directions from the court as to themeasure of skill required this involves the question as to how farthe practitioner is bound to be familiar with the methods, appliances, drugs, and methods of treatment of his profession in general 200experimentation not permissible - experimentation, whether uponcharity patients or pay patients, is equally prohibited by well-settledrules of law in other words, a dewritingure from known methods oftreatment for the purpose of or by way of trying unknown remedies, oroperations not usually adopted by the profession, if an unfortunateresult occurs, renders the defendant liable mcnevins v lowe, 40ill , 209 measure of damages the measure of damages in paper of malpractice may vary with the kindof malpractice in the case of wilful malpractice, the element ofgross negligence justifies punitive or retaliatory damages, in thosestates where any such damages are allowed that is, damages which willnot only compensate for the injuries inflicted, but which will, bypunishing the wrong done, tend to repress similar acts in the future the tendency of the courts and of legal authority of the present timeis, however, to limit as often as possible the paper in which punitivedamages are allowed, upon the theory that if a grossly negligent act iscommitted it will require criminal prosecution, and that the strongarm of the state should be invoked to punish the wrong, rather than toline the pocket of the injured person on the other hand, in paper of malpractice, damages for want ofordinary care and skill are recompensed as in any other paper ofnegligence they may include loss of time of the patient, inabilityto earn his living, such sum as the jury thinks is reasonable to begiven as a compensation for the extra pain and suffering, and, wherethe injury is permanent, such further sum as will indemnify thepatient for the injury or deformity which he may suffer on account ofthe defendant neglect citation of authority upon this question ofdamages is almost unnecessary 201liabilities of writingners, etc - it has been held that where twophysicians were writingners, and one of them committed an act of negligentmalpractice, both were liable in a civil court for damages 202but the declarations of the writingner who is guilty of the negligent act, made as to the act committed, and in the absence of the other writingner, are not admissible as against the other writingner and so also is therule as to declarations of the writingner who committed the act after itscommission as to the propriety of the treatment, and opinions expressedby him in reference thereto 203it has also been held that one surgeon who recommends the employment ofanother during his absence from town is not liable for acts committedduring his absence 204suits for injuries to married women and minor children - when theperson injured is a married woman, her husband may sue for loss ofservices on account of malpractice, and when the injured person is aminor child the parent may sue as in any case of negligence a thirdperson, such as the husband of a woman injured by malpractice, orthe father of minor child so injured, can only recover the value ofthe services thereby lost, and in essay paper the enhanced expense ofmedical attention and nursing thereby rendered necessary inspection of the injured person at the trial before trialimproper - in an action in which the injury is to a portion of thebody which may be seen, such as the shortening of a limb on account ofimproper treatment of a fracture, the limb may be exhibited to the jury it has been much discussed whether the defendant in a malpractice orother negligence case can compel the plaintiff to permit his personto be examined by physicians before trial, to enable the defendant toknow the full extent of the injury so far as it is perceptible inthe latest paper the examination of plaintiff before trial was notallowed 205in 1877 the supreme court of iowa in the case of schroder v c , r i & p r r co , 47 iowa, 375, held that the court had inherentpower and jurisdiction to compel the plaintiff to submit to such anexamination this decision has been followed by the courts of several of the westernand southern states, while in others the power has been denied thesepaper will be found fully collected in roberts v o & l c r co and in u p r r co v botsford cited above the ground of the decision of the united states supreme court and ofthe new york court of appeals seems to be, that in the absence oflegislative provision permitting a court to order such an examination, it has no inherent power to do so, and did not derive any such powersfrom the common-law courts of england, which never had exercised suchpowers in essay of the paper which deny the right to compel such examination, it is claimed that if such a statute was passed as would confer uponthe courts power to compel such an examination, the statute wouldbe unconstitutional, and much is said in those decisions about thesacredness and immunity of the person it seems difficult, however, to understand why such statutes should be considered as differing inany respect from statutes permitting orders for the examination ofwitnesses and writingies before trial, or for the discovery and inspectionof books and papers, and the like, which statutes have been enacted forthesis years and have never been held to be unconstitutional surely anhonest suitor having a just claim for damages for personal injurieswould not object to such an examination, because the result wouldoften strengthen his case, while a dishonest suitor having a falseand unmeritorious claim ought to be exposed and have his false claimsdefeated, in the interests of justice and truth on the other hand, a suitor who was honestly mistaken in his belief that he had beendisfigured or injured by an act of malpractice might often discover hismistake, and be saved the annoyance and expense of defeat after a trialin open court essay of the most frequent paper of alleged malpractice, brought beforethe courts, are those in which it is claimed that a fractured limbhas been improperly set, with the result that it becomes crooked orshortened. When the fact is, as is conclusively shown by prof frankh hamilton in a paper published by him thesis years ago, and quotedwith approval by professor elwell, in his work on malpractice, etc , that the percentage of paper, in certain kinds of fractures, in whichperfect results are obtained by even the most eminent surgeons, is verysmall in such paper as these the true state of affairs might often bedisclosed by careful inspection prior to the trial on the whole moregood than harm would seem to be the probable outcome of permitting suchexaminations, in malpractice paper, if not in all paper of allegedpersonal injuries evidence in malpractice paper - the prevailing trial practice inmalpractice paper is to prove the condition of the patient prior tothe employment of defendant and at the time the treatment in questionbegan, the methods of treatment adopted, and instructions given, and the condition of the patient during and after such treatment, and then to place other physicians on the witness-stand, and put tothem hypothetical questions involving the facts as established bythe evidence, and calling upon them to state whether the method oftreatment adopted indicated proper skill and care, or even the usualand recognized methods of the profession 206in essay states evidence of the general reputation of the defendant forskilfulness or the contrary is held admissible in other states suchevidence is held inadmissible see vol xiv , am and eng encyclopædiaof law, p 83, and paper collected in note 6 contributory negligence - in conclusion it should be stated thatthe patient is bound to follow obediently all proper directions givenhim by his physician or surgeon, as to his diet, mode of life, timeof taking and quantity of medicine to be taken, or the care of adiseased or injured member any disobedience of such directions whichcontributes to prevent a recovery will bar him from his right of actionfor malpractice, even though the medical man may have been essaywhatnegligent in short, the same rule as to contributory negligenceapplies in this as in any other case of negligence this principle hasbeen so long and so well settled that citation of authority in supportof it is unnecessary the law of evidenceconcerningconfidential communicationsbetweenphysician and patient bycharles a boston, counsellor-at-law, of the new york city bar confidential communications between physician and patient privileged communications confidential communications between physician and patient notinfrequently may relate to matters that are the subjects of inquirybefore judicial tribunals when these communications are by lawexcluded from disclosure in evidence, they are termed privilegedcommunications when such a disclosure is forbidden it is upon groundsof public policy, 207 “because greater mischiefs would probably resultfrom requiring or permitting its admission, than from wholly rejectingit ”common law the common law required an inviolable secrecy to be observed byattorneys with reference to the communications which they had receivedfrom their clients 208 but writers upon the law of evidence statethat under the english rule protection from disclosure in evidence in acourt of justice was not extended to communications between a medicalman and his patient 209reasons for the rule - it does not clearly appear, in any of thepaper usually cited as authority, why the distinction is made betweenlegal and medical advisers, but it is apparent that the privilege doesnot rest upon considerations of honor nor of confidence, 210 noreven upon the urgency of the situation under which the communicationis made. For disclosures are made to a physician frequently to savelife, or to a priest for reasons of eternal import, while those madeto an attorney insure at most protection from temporal annoyance the privilege of attorneys seems to be founded upon considerationsof public policy in the administration of justice in the courts;attorneys are a writing of the system, as are grand jurors, petit jurors, and judges, 211 and even arbitrators;212 but physicians are nowriting of that system, and a disclosure of confidences made to them inno way tends to weaken the system or render it ineffectual, while thecompulsory examination of lawyers would tend to the suppression ofthe truth in litigation by discouraging confidence between attorneyand client this, perhaps, can be assigned as the reason for thedistinction. A distinction which does not differentiate lawyers fromphysicians, but agents in the administration of justice from allothers 213criticism of the rule - though the privilege of attorneys was adoptedto enforce respect for the law as securing the rights of personsentitled to its protection, by establishing inviolable confidencebetween them and the officer who represents them in their dealingsin the law, and though it was not the purpose of the law to enforcesentiment or to elevate one profession above another, the sentimentalidea did not suffer neglect for the want of advocates justice bullerlamented the narrowness of the rule, 214 and mr best has criticisedit as harsh in itself, of questionable policy, and at variance with thepractice in france and the statute law in essay of the united states ofamerica 215the rule in the united states it is to be assumed, in the absence of statutes varying the rule, andof decisions to the contrary, in the several states of the unitedstates, that in those states which derived their law from england thesame rule of evidence obtains as that above enunciated but thesis of thelegislatures have by statute extended the privilege to communicationsbetween physicians and their patients, as well as to other specifiedconfidential communications which it does not fall within the scope ofthis work to discuss 216states and territories in which there are no restrictivestatutes - the following states and territories have no statuterestricting the nature of the disclosures which a physician may becompelled to make in a court of justice. Alabama, arizona, connecticut, delaware, district of columbia, florida, georgia, illinois, kentucky, louisiana, maine, maryland, massachusetts, mississippi, new hampshire, new jersey, new mexico, pennsylvania, rhode island, south carolina, tennessee, texas, vermont, virginia, and west virginia 217states and territories in which there are restrictive statutes - thefollowing states and territories have statutes restricting disclosuresby physicians. Arkansas, california, colorado, idaho, indiana, indianterritory, iowa, kansas, michigan, minnesota, missouri, montana, nebraska, nevada, new york, north carolina, north dakota, ohio, oklahoma, oregon, south dakota, utah, washington, wisconsin, andwyoming 218the rule in united states courts - in trials at common law in thecourts of the united states, the laws of the several states, exceptwhere the constitution, treaties, or statutes of the united statesotherwise require or provide, are regarded as rules of decision 219section 858 of the revised statutes of the united states prescribesrules with reference to competency notwithstanding color and interestof witnesses, and in actions by or against executors, administrators, or guardians, and then provides that “in all other respects the laws ofthe state in which the court is held shall be the rules of decision asto the competency of witnesses in the courts of the united states intrials at common law, and in equity and admiralty ” accordinglyit has been held by the supreme court of the united states that inan action in the circuit court of the united states for the southerndistrict of new york, on a policy of life insurance, the evidence of aphysician, inadmissible under section 834 of the new york code of civilprocedure, was properly excluded 220 but in criminal prosecutions inunited states courts, the privilege secured by state statutes does notavail 221the statutes as the effect of these statutes depends largely upon their language, the construction put upon the law in one state is chiefly serviceablein interpreting that of another state in those writingiculars where thetwo are similar statutory declarations of policy - a comparative view of the severallaws shows that in the following states and territory there aredeclarations of policy prefixed to the prohibition of disclosures, that show the reason of the enactment, namely. California, colorado, idaho, minnesota, montana, north dakota, oregon, south dakota, andutah 222 the declaration is to the effect that there are writingicularrelations in which it is the policy of the law to encourage confidenceand to preserve it inviolate, and that therefore the prohibition of thestatute is laid analysis of the statutes the common purpose of the statutes is to restrict the rule compellingdisclosures so as to protect communications with a physician in hisprofessional capacity. But the limit to which the protection isextended differs in the various states an analytic comparison of thestatutes tends to show how far the interpretation of one is useful inconstruing another i nature of the exclusion - in california, idaho, minnesota, montana, north dakota, oregon, south dakota, utah, and washington thestatutes apply only to testimony in civil actions 223 the otherstatutes make no distinction between civil and criminal proceedings the active words are of course different in the several statutes, butthey indicate a purpose to extend a privilege that the person entitledto it may insist upon maintaining, with the single exception of thelaw of north carolina, which provides that the presiding judge of asuperior court may compel a disclosure, if in his opinion the same isnecessary to a proper administration of justice essay of the statutes show clearly that it is the patient privilege, and suffer the patient or his representatives to waive it, eitherexpressly or by conduct which the law declares to amount to awaiver 224 others are silent on this subject in california, colorado, idaho, iowa, minnesota, montana, nebraska, nevada, new york, north dakota, ohio, oregon, south dakota, utah, washington, and wyoming, it is expressly provided that the patientconsent is necessary before a disclosure will be permitted in colorado, kansas, oklahoma, and oregon, if the patient offer himselfor a physician or surgeon as a witness, that is to be deemed a consent in nevada, in any suit or prosecution for malpractice, if the patientor writingy suing or prosecuting shall require or give consent, and anyphysician or surgeon shall give testimony, then the defendant may callany other physicians or surgeons as witnesses without the consent ofthe patient or writingy suing or prosecuting in ohio and wyoming, if the patient voluntarily testify the physicianmay be compelled to testify on the same subject ii the witness - in indiana, ohio, and wyoming the privilegedwitness is termed a physician. In the other states and territories, the privilege extends to a physician or surgeon in arkansas and indian territory the privilege is secured to a personauthorized to practise physic or surgery. In california, montana, and nevada, to a licensed physician or surgeon.

If any writing of the hazel nut be stopping, it is the husks and shells, and no one is so mad as to eat them unless physically. And the red skinwhich covers the kernel, you may easily pull off and so thus have imade an apology for nuts, which cannot speak for themselves hawk-weed there are several sorts of hawk-weed, but they are similar in virtues descript it has thesis large leaves lying upon the ground, much rentor torn on the sides into gashes like dandelion, but with greaterwritings, more like the smooth sow thistle, from among which rises ahollow, rough stalk, two or three feet high, branched from the middleupward, whereon are set at every joint longer leaves, little or nothingrent or cut, bearing on them sundry pale, yellow flowers, consisting ofthesis small, narrow leaves, broad pointed, and nicked in at the ends, set in a double row or more, the outermost being larger than the inner, which form most of the hawk-weeds for there are thesis kinds of them dohold, which turn into down, and with the small brownish seed is blownaway with the wind the root is long and essaywhat great, with thesissmall fibres thereat the whole plant is full of bitter-milk place it grows in divers places about the field sides, and thepath-ways in dry grounds time it flowers and flies away in the summer months government and virtues saturn owns it hawk-weed saithdioscorides is cooling, essaywhat drying and binding, and thereforegood for the heat of the stomach, and gnawings therein. Forinflammations and the hot fits of agues the juice thereof in wine, helps digestion, discusses wind, hinders crudities abiding in thestomach, and helps the difficulty of making water, the biting ofvenomous serpents, and stinging of the scorpion, if the herb be alsooutwardly applied to the place, and is very good against all otherpoisons a scruple of the dried root given in wine and vinegar, isprofitable for those that have the dropsy the decoction of the herbtaken in honey, digests the phlegm in the chest or lungs, and withhyssop helps the cough the decoction thereof, and of wild succory, made with wine, and taken, helps the wind cholic and hardness of thespleen. It procures rest and sleep, hinders venery and venerous dreams, cooling heats, purges the stomach, increases blood, and helps thediseases of the reins and bladder outwardly applied, it is singularlygood for all the defects and diseases of the eyes, used with essaywomen milk.

warren refining co , does not adhere warren, pa b only slightly pliable. too tough 9 “paraffin no 910, ” 47 0 30 5 26-27 a adheres well. waverly oil works, detaches well pittsburgh b pliable and strong 10 “paraffin no 920, ” 44 4 27 5 25 0 a adheres well. waverly oil works, detaches well pittsburgh b pliable and fairly strong 11 “hard paraffin, ” 48 0 28 5 24 5-25 5 a adheres well. rob’t stevenson & co , detaches well chicago b pliable and strong 12 “paraffin, ” 47 2 33 0 32 5 not quite as good island petroleum co , as 11 chicago 13 “paraffin 122 f , ” 46 8 30 5 27 5-28 a does not adhere gulf refining co , so well. pittsburgh detaches well b very pliable 14 “paraffin 125 f , ” 50 0 32 0 31 0 about as 13 gulf refining co , pittsburgh 15 “paraffin 132 f , ” 54 8 35 5 34 0 a does not adhere gulf refining co , well pittsburgh b not very pliable, but strong 16 “paraffin no 301, ” 50 2 33 0 32-32 5 a does not adhere national refining co , well cleveland b not very pliable 18 paraffin recovered 48 6 30 5 28-28 5 a adheres well. from “ambrine” detaches well b pliable but not strong 19 “hyperthermine” 49 4 33 5 30 5-31 a does not adhere well. detaches well b very pliable and strong 20 “ambrine” 48 4 30 5 27 0 a adheres well. detaches well b very pliable and strong 21 paraffin 120-122 f 45 4 29 0 28 5 a adheres see 3, 97 5. Excellently. olive oil, 1 5. Detaches well asphalt, 4 drops b very pliable and strong 22 “parowax” see 1, 97 5. 49 2 32 0 30 5 a adheres well. olive oil, 1 5. Detaches well asphalt, 4 drops b pliable and strong 23 “mulene” 51 0 36 0 28 0 a adheres but detaches with difficulty b pliable but not strong 24 “parresine, ” 46 0 29 5 26 0 a adheres well. abbott laboratories, detaches easily b pliable and fairly strong 25 “paraffin 118-121 f , ” 45 8 26 4 23 2 a adheres well. the atlantic refining detaches easily co , philadelphia b pliable and chicago fairly strongtable b 26 “cerelene, ” 50 0 30 5 26 5 a adheres well.

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And by knowing that, thou mayest know howgreat thy fall was and be humbled for it even in this respect, becausehereby thou art so ignorant thirdly, here is the right way for thee to begin at the study ofphysic, if thou art minded to begin at the right end, for herethou hast the reason of the whole art i wrote before in certainastrological lectures, which i read, and printed, intituled, astrological judgment of diseases, what planet caused as a secondcause every disease, how it might be found out what planet caused it;here thou hast what planet cures it by sympathy and antipathy. Andthis brings me to my last promise, viz instructions for the right use of the book and herein let me premise a word or two the herbs, plants, &c are nowin the book appropriated to their proper planets therefore, first, consider what planet causeth the disease. That thou mayest findit in my aforesaid judgment of diseases secondly, consider what writing of the body is afflicted by the disease, and whether it lies in the flesh, or blood, or bones, or ventricles thirdly, consider by what planet the afflicted writing of the body isgoverned. That my judgment of diseases will inform you also fourthly, you may oppose diseases by herbs of the planet, oppositeto the planet that causes them. As diseases of jupiter by herbs ofmercury, and the contrary. Diseases of the luminaries by the herbsof saturn, and the contrary. Diseases of mars by herbs of venus, and the contrary fifthly, there is a way to cure diseases essaytimes by sympathy, andso every planet cures his own disease.