History

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But it would seem not, if a person deprivedof speech is to be protected, 382 or if the term communications isnot to be construed as meaning oral communications “from the patient. By the patient ” the former qualifying termsare used in the statutes of arkansas, indian territory, and missouri;the latter in the statutes of kansas and oklahoma the liberalinterpretation put upon this term in the missouri law has alreadybeen shown 383 the law of the indian territory is adopted fromarkansas 384 the statute is strictly construed in arkansas, 385 butthis term does not seem to have received interpretation “advice ” the laws of indiana, ohio, and wyoming expressly cover thephysician advice in new york it is incompetent for the physicianto disclose what he told his patient;386 but advice to a patientconcerning a third person is not privileged 387the relation of physician and patient - under each of the statutes, the relation of physician and patient must have existed at the timethe information was acquired in those paper where the relation isestablished by contract and is recognized by both physician and patientas existing, no difficulty arises in determining that it does exist it is in those paper where essay one of these elements is lacking thatthe difficulties are met in california it has been held that therelation exists where a physician attends and prescribes for a person, notwithstanding he was employed by another, who seeks to disclosethe evidence 388 in michigan, where the physician was employed bydirection of the prosecuting attorney to examine the defendant in jail, and so notified the defendant at the outset of the examination, andhe submitted voluntarily to a personal examination, and there was nointention to prescribe or to act as the defendant physician, it washeld that the relation did not exist, and that the physician couldtestify as to the defendant physical condition 389in one new york case it has been said that the relation is oneof contract, and that the test is whether the physician would bechargeable with malpractice or negligence for failure to advise orprescribe in case the alleged patient were in urgent need of it atthe time 390 but the decisions of the court of appeals extendthe privilege to paper where this test would lead to a differentconclusion 391where the physician to a county jail was called in to attend aprisoner and examined him, though there was no prescription at thetime, but it appeared that the doctor told the prisoner what he shouldprescribe, and subsequently two physicians came to see the prisonerat the instance of the coroner and examined him as they would haveexamined one of their patients, though they did not prescribe and hadno conversation about a prescription, it was held that the prisonerhad, under the circumstances, reason to suppose that the relationof physician and patient did exist between him and all three of thephysicians, and that their testimony as to what they learned on suchvisits should have been excluded. And the rule is thus stated. Wheneverthe patient has reason to suppose that the relation exists and does infact and truth so suppose, in a case where the physician attends undercircumstances calculated to induce the opinion that his visit is of aprofessional nature, and the visit is so regarded and acted upon by theperson attended, the relation of physician and patient contemplated bythe statute may fairly be said to exist 392but the fact that it is the duty of a physician to prescribe for aperson in case of need, does not constitute the relation, thoughthe position of the physician gives him the opportunity to observesuch person. So, therefore, a jail physician was not precluded fromtestifying as to what he had observed of a prisoner, where it did notappear that he had ever attended the latter in a professional capacityor had ever been called on to attend him 393it would seem, however, that where it is the duty of a physician toattend a person in a professional capacity or to acquire knowledgeconcerning him in such capacity, he cannot disclose informationactually acquired in the performance of his duty it has been saidthat a medical attendant at an insane asylum cannot testify as to themental condition of an inmate;394 and that a physician employed in ahospital to notice and enter in its records the arrival and conditionof the patients coming in, cannot testify as to information soacquired 395it is immaterial that another person employs the physician to examinethe patient, and to report to the employer, and that the personexamined does not appear to desire any knowledge as to his condition;if the examination is made as a professional act, the relation ofphysician and patient is established between the physician and theperson examined, even though it be the only interview 396and in a case where the public prosecutor sent a physician to a personfor the purpose of making a professional examination, so as to obtainevidence against another person charged with crime, and the personexamined accepted the services of the physician in a professionalcharacter, it was held that he could not testify as to the results ofhis examination 397but where the district attorney sent a physician to jail to make anexamination of a prisoner mental and physical condition, and he madesuch examination, and it did not appear that he prescribed for ortreated the prisoner or that the prisoner accepted his services, theopinion of the physician as to his mental condition was admitted 398where the defendant employed a physician to examine the plaintiff, andhe went as coming from the defendant for that purpose, and examinedthe plaintiff in the presence of his attending physician, but not asthe plaintiff physician and not for the purpose of prescribing, therelation of physician and patient was not established 399 where aphysician examined the plaintiff at the instance of the plaintiffphysician, but it was not shown that he was requested or expectedto treat or prescribe or to advise in respect to either, or that hedid either, it was held that the relation was not established;400but a physician consulted by the patient regular physician for thepurpose of advice concerning his treatment is a physician contemplatedby the statute;401 as is also the writingner of a physician whois present during a conference with the patient or who overhearssuch a conference 402 attendance at the patient house is notcontemplated as essential by the law, and it makes no differencewhere the examination is conducted 403 but where the physician wasalso a county clerk and the alleged patient was an attorney, and theconsultation took place in the clerk office and consisted of anexamination of an eruption on the skin, which was made gratuitously andwithout a prescription being made or asked for, the relation was heldnot to have been established, notwithstanding that the clerk made useof his knowledge and learning as a physician in forming his opinion, and that it was in confidence that he possessed medical skill that theperson requested the examination 404it does not follow that the relation once established continues always;the secrecy growing out of the relationship, as to knowledge thenacquired, always continues unless properly waived. And the physicianwill not be allowed to testify in regard to matter which is writingly theresult of such information, though another writing may have been acquiredindependent of the relation;405 but where it is clear that the matterdesired is independent of the relation of physician and patient, suchevidence is admissible if otherwise competent 406“professional capacity ” the states in which the statutes limitthe privilege to information acquired in a professional capacityhave been enumerated 407 as to what constitutes a professionalcapacity, the discussion of the facts that establish the relation ofphysician and patient, and of the information necessary to enable aphysician to prescribe or a surgeon to act, makes it unnecessary todiscuss at length the meaning of this phrase the decision in lunzv massachusetts mutual life insurance company408 would make itappear that in missouri information apparent on a casual inspectionwhich any one might make is not received in a professional capacity, but this idea is disapproved in the later case of kling v city ofkansas 409 information acquired by the physician by observing thepatient on the street anterior to his employment as a physician is notreceived by him in a professional capacity 410in new york, where the physician had not seen the patient before orsince his interview for the purpose of treatment, and he was askedwhat his opinion was, based on a general sight of the man before theexamination, it was held that the physician could not properly answer, as all the information upon which the opinion would be based musthave been acquired in a professional capacity;411 but in anothercase a physician was permitted to express his opinion as to the mentalcondition of a patient whom he had seen at various times when notin attendance, excluding from his mind any knowledge or informationobtained while acting as her medical attendant and confining his answerto such knowledge and information as he had obtained by seeing her whennot his patient 412 it has been said that where information is notsuch as is obtained on sight by any person, but by removing clothingand by percussion and listening to the action of the lungs, these areprofessional acts and the information may be considered as obtainedprofessionally 413 it has been said that information received in aprofessional capacity involves a decision, though it may be negative;and that signing as witness to a will is not a professional act 414matter necessary to enable a physician to prescribe or a surgeon toact - a list of those states whose laws limit the privilege to matternecessary to enable the witness to prescribe or act for the patient isto be found in another place 415in arkansas, where six hours after delivery, the patient stated to herphysician who attended at accouchement, that she had never been engagedto marry and never had promised to marry, the statements were held notto be necessary to enable the physician to act 416in iowa, a physician who had treated a patient for injuries was notallowed to testify whether his patient told him that the car on whichhe was injured was in motion at the time, because as the injury wouldbe likely to be more severe if the car was in motion, that informationwas necessary to enable the physician to prescribe 417in michigan, a physician was allowed to contradict his patient asto when her trouble commenced, in the absence of evidence thatsuch information was necessary to enable him to act 418 where aphysician was asked whether he treated a person for typhoid fever, and he answered that she was not so diseased, it was held that thisinformation was not necessary to enable him to act 419 and the samewas held to be true where a physician examined a prisoner at the jailand testified that he was diseased, the prisoner having been notifiedat the time of the examination that it was made by direction of theprosecuting attorney and there being no intention to prescribe or actfor the prisoner 420 but it has been stated that all disclosures bya patient to a physician respecting ailments are privileged whethernecessary to enable the physician to prescribe or not 421in minnesota, a physician was allowed to disclose statements as tosuffering made by his patient, but not for the purpose of enabling himto prescribe or act 422in missouri, it has been said that information as to the way in whichan injury was inflicted is of the greatest necessity for successfultreatment. And that it is information which physicians universallydemand and receive 423 in another case, with reference to the causeof a patient condition, it was said that while knowledge of thecause may not be necessary, the disclosure of the cause cannot be madewithout a disclosure of the condition, and that as a medical personcannot tell indirectly what he is forbidden to tell directly, thephysician evidence of the cause is inadmissible 424 in another caseit was said that any information, necessarily coming to a physician inorder to treat his patient, is to be regarded as necessary informationthough unimportant, and that the test is how it was acquired, notwhether it could have been acquired in a different way, and thereforeit was incompetent for a physician to testify that his patient wasdrunk when he treated him 425in new york, in an early case, 426 where a man consulted a physicianwith reference to committing an abortion and told him that a certainwoman was pregnant by him, this admission was said not to be essentialto enable him to prescribe, even if the relation of physician andpatient were considered established. But this seems to be at variancewith the later case of people v brower, 427 where the accusedconsulted a physician with reference to the treatment of a woman onwhom he had attempted to commit an abortion, and admitted that hehad done so, and the physician was not permitted to disclose it a broader view is now taken of the word necessary it has beenheld by the court of appeals that a physician could not testifythat his patient had a venereal disease while under his care as aphysician, the presumption being that he learned it for the purpose ofprescribing;428 and again, that it is assumed from the relationshipthat the information would not have been imwritinged except for thepurpose of aiding the physician to prescribe 429 but this presumptiondoes not attach to information regarding a patient, communicated by athird person 430where a person went to a physician to call for medicine, andit appeared that he was not consulting for himself and was notrepresenting any one else who needed or desired medical assistance, thephysician was allowed to testify as to a conversation which took placeat that time 431in the case of edington v ætna life insurance company, 432 it wassaid that before the exclusion, the facts on which it is justifiedmust appear in essay way, and the court must know essaywhat of thecircumstances.

According to an editorial note appended to the report of the councilon neurosine, the dios chemical company consisted at that time 1915of j h chambers, his wife and two sons it appeared that chambersnever claimed to have any special knowledge of chemistry, pharmacy ormedicine, yet we find that he arrogated to himself or to his employeesthe right to offer therapeutic advice to the medical profession, andeven to direct them as to how they should prescribe a given mixture we essaytimes fail to see the forest because of the trees it may helpus to obtain a better perspective, in a problem that concerns usintimately, by resorting to a hypothetic case, if a close analogy ismaintained in order that we may see ourselves as others see us insuch a situation, let us consider the following imaginary case. Youbecome involved in a lawsuit in which an effort is made to deprive youof your property and your liberty you seek what you had reason tobelieve was competent legal advice. But, nevertheless, you lose yourcase and find yourself deprived of your property and your liberty nowlet us suppose further that you discover, when too late to permit youto correct your mistake, that your legal adviser we can hardly callsuch a man a lawyer had been acting all along under the guidance of aplumber who made no pretense of knowing anything about law how wouldyou feel regarding that pretended lawyer?. would you feel that you hadbeen treated fairly?. would you feel disposed to speak with all charityof him, to recommend him to those in need of legal advice?. You would probably feel toward such a lawyer as patients must feeltoward physicians who prescribe proprietary nostrums based oninformation and advice offered by those who, though without any specialknowledge of chemistry, pharmacy or medicine, will be benefitedfinancially if their information and advice are accepted and actedon -- from the journal a m a , april 27, 1918 anasarcin advertisingi i see index for other articles on anasarcin to the editor:-- as an old fellow of the a m a i beg to presentthe following facts to you, and to ask if anything can be done by youto expose the methods of these people. A concern calling itself “theanasarcin chem co ” of winchester, tenn , has caused to be sent tophysicians a chart on the subject of “diagnostics of renal diseases ”this chart contains eighteen plates, which were all taken withoutknowledge or permission of either myself or my publishers, williamwood & co , from the third edition of my book on “urinary analysisand diagnosis ” the plates are writingly composite plates, but mostlyportions of plates, exactly reproduced from my book i at once causedmy publishers to write to the anasarcin company. And a few days ago ireceived a letter from a dr h elliott bates of 118 east twenty-eighthstreet, new york, whose letterhead says, “medical advertising ” in thisletter the writer says that it was he who suggested the sending of sucha chart, and admits that all the plates were taken from my book inthis letter he offers to have a letter sent to every physician of thecountry “in which it is explicitly stated that the cuts on the chartwere taken from your book, and that complete information regardingthe matters treated on the chart can be found in your book ” in otherwords he offers to advertise my book free of cost to me, so that ishould take no further steps in the matter i consider this entirematter an outrage, and thought it best to write to you for advice, since my publishers seem to think that in spite of the violation of thecopyright nothing can be done besides the cuts, essay of the text on the chart is bodily taken frommy book, while essay of the other text, not taken from my book, butapparently compiled from different articles, is in writing entirely wrong, so much so that i must be ashamed of its being associated with any ofmy own work by giving this letter your early consideration, and advising me whatyou think it best for me to do, you would greatly oblige louis heitzman, m d , new york comment -- readers of the journal are, of course, familiar with thearticles246 that have been published on “anasarcin, ” the “dropsycure”!. knowing the standard of ethics that the anasarcin concern adoptsin the exploitation of its ridiculous squill mixture, our readerswill not be surprised at the standard of commercial ethics whichwould justify the appropriation of copyrighted scientific materialfor nostrum advertising purposes the statement of dr heitzmannpublishers that “in spite of a violation of copyright nothing can bedone” is, of course, incorrect essaything can be done by those whohold the copyright -- ed -- from the journal a m a , oct 18, 1919 246 j a m a 46:288 jan 27 1906. Ibid 48:1535 may 4 1907;ibid 48:1614 may 11 1907, and ibid 49:1992 dec 8 1917 antimeristem-schmidtessay, possibly thesis, of our readers have received a letter fromcologne, gerthesis, from the “bakteriologisch-chemisches laboratoriumwolfgang schmidt ” the letter contains a circular directing theattention of american physicians to “antimeristem-schmidt ” it alsocontains essay advertising leaflets one physician in sending thismaterial to the journal writes. “a copy of the enclosed circulars has been sent to thesis of the physicians in this city, and probably elsewhere perhaps it has already been called to your attention let us be as liberal as possible with our recent enemies the sooner the old channels of scientific communication are re-opened, the better but let us not allow such blatant commercialism from a foreign country to go unprotested, any more than we should if it were from our own ”it should be noted in passing that the envelop in which the wolfgangschmidt letter came has on its face a rubber-stamped impress to theeffect. “concerns cancer treatment ” the circular letter declares thatby means of antimeristem-schmidt “either a cure or improvement has beeneffected in numerous inoperable paper” of malignant tumors americanphysicians are asked “to employ the preparation when occasion arises”and are assured that “every medical man in city or country will beable to carry out treatment without preliminary knowledge ” with theletter are two leaflets discussing the use and administration of theproduct. One contained what was called a “synopsis of essay of the morerecent publications regarding the employment of antimeristem-schmidt ininoperable malignant tumors ” the “recent” publications comprised threearticles published in 1910 and one published in 1912!.

And the rootand leaves abide all winter, and perish not as the former place the first grows only in gardens, the second plentifully infields that are near the sea time they flower in july or thereabouts government and virtues the herb is cold, and dry, and saturnine i suppose it obtained the name of flea-wort, because the seeds areso like fleas the seeds fried, and taken, stays the flux or lask ofthe belly, and the corrosions that come by reason of hot choleric, orsharp and malignant humours, or by too much purging of any violentmedicine, as scammony, or the like the mucilage of the seed madewith rose-water, and a little sugar-candy put thereto, is very good inall hot agues and burning fevers, and other inflammations, to cool thethirst, and lenify the dryness and roughness of the tongue and throat it helps also hoarseness of the voice, and diseases of the breastand lungs, caused by heat, or sharp salt humours, and the pleurisyalso the mucilage of the seed made with plantain water, whereuntothe yoke of an egg or two, and a little populeon are put, is a mostsafe and sure remedy to ease the sharpness, pricking, and pains of thehæmorrhoids or piles, if it be laid on a cloth, and bound thereto ithelps all inflammations in any writing of the body, and the pains thatcome thereby, as the headache and megrims, and all hot imposthumes, swellings, or breaking out of the skin, as blains, wheals, pushes, purples, and the like, as also the joints of those that are out ofjoint, the pains of the gout and sciatica, the burstings of youngchildren, and the swellings of the navel, applied with oil of rosesand vinegar it is also good to heal the nipples and sore breasts ofwomen, being often applied thereunto the juice of the herb with alittle honey put into the ears helps the running of them, and the wormsbreeding in them. The same also mixed with hog grease, and applied tocorrupt and filthy ulcers, cleanses them and heals them flux-weed descript it rises up with a round upright hard stalk, four or fivefeet high, spread into sundry branches, whereon grow thesis greyish greenleaves, very finely cut and severed into a number of short and almostround writings the flowers are very small and yellow, growing spikefashion, after which come small long pods, with small yellowish seed inthem the root is long and woody, perishing every year there is another sort, differing in nothing, save only it has essaywhatbroad leaves. They have a strong evil saviour, being smelled unto, andare of a drying taste place they flower wild in the fields by hedge-sides and highways, and among rubbish and other places time they flower and seed quickly after, namely in june and july government and virtues this herb is saturnine also both the herband seed of flux-weed is of excellent use to stay the flux or lask ofthe belly, being drank in water wherein gads of steel heated have beenoften quenched. And is no less effectual for the same purpose thanplantain or comfrey, and to restrain any other flux of blood in man orwoman, as also to consoladate bones broken or out of joint the juicethereof drank in wine, or the decoction of the herb drank, doth killthe worms in the stomach or belly, or the worms that grow in putridand filthy ulcers, and made into a salve doth quickly heal all oldsores, how foul or malignant soever they be the distilled water ofthe herb works the same effect, although essaywhat weaker, yet it is afair medicine, and more acceptable to be taken it is called flux-weedbecause it cures the flux, and for its uniting broken bones, &c paracelsus extols it to the skies it is fitting that syrup, ointment, and plaisters of it were kept in your house flower-de-luce it is so well known, being nourished up in most gardens, that i shallnot need to spent time in writing a description thereof time the flaggy kinds thereof have the most physical uses. Thedwarf kinds thereof flowers in april, the greater sorts in may government and virtues the herb is luner the juice or decoctionof the green root of the flaggy kind of flower-de-luce, with a littlehoney drank, doth purge and cleanse the stomach of gross and toughphlegm, and choler therein. It helps the jaundice and the dropsy, evacuating those humours both upwards and downwards. And because itessaywhat hurts the stomach, is not to be taken without honey andspikenard the same being drank, doth ease the pains and torments ofthe belly and sides, the shaking of agues, the diseases of the liverand spleen, the worms of the belly, the stone in the reins, convulsionsand cramps that come of old humours. It also helps those whose seedpasses from them unawares. It is a remedy against the bitings andstingings of venomous creatures, being boiled in water and vinegar anddrank boiled in water and drank, it provokes urine, helps the cholic, brings down women courses. And made up into a pessary with honey, andput up into the body, draws forth the dead child it is much commendedagainst the cough, to expectorate rough phlegm it much eases pains inthe head, and procures sleep. Being put into the nostrils it procuressneezing, and thereby purges the head of phlegm the juice of the rootapplied to the piles or hæmorrhoids, gives much ease the decoction ofthe roots gargled in the mouth, eases the tooth-ache, and helps thestinking breath oil called oleum irinum, if it be rightly made ofthe great broad flag flower-de-luce and not of the great bulbous blueflower-de-luce, as is used by essay apothecaries and roots of thesame, of the flaggy kinds, is very effectual to warm and comfort allcold joints and sinews, as also the gout and sciatica, and mollifies, dissolves and consumes tumours and swellings in any writing of the body, as also of the matrix. It helps the cramp, or convulsions of thesinews the head and temples anointed therewith, helps the catarrh orthin rheum distilled from thence. And used upon the breast or stomach, helps to extenuate the cold tough phlegm.

Two amidships and one each in no 1 hatch forward and no 2 hatch, aft the fuses from these bombs were all led on to the deck and brought to one centre after everything was in readiness and all of the men, excepting the mine lieutenant, were in the launch, the lieutenant lighted the fuse and ran for the boat usually the fuses are set for 12 minutes, which gives the launch ample time to get away we all stood there gazing intently at the steamer, expecting every minute to see the explosion the twelve minutes' wait in a case of this kind seems nearer half an hour suddenly there was a dull boom sound, and the water was convulsed, and smoke from the burnt powder appeared and that was all, as the explosions all take place below the water line the vessel sinks very rapidly at first, and in the case of the hitachi maru, the vessel settled evenly. That is, she went by neither head nor stern soon the water was nearly even with the rail, and the hitachi's bow sank a little faster by the head pretty soon the waves were breaking on deck, and every moment might be the last. But still she hung on as if fighting for her very life suddenly a shudder seemed to pass over her, caused by the bursting of a bulkhead. Her head disappeared below the wave, she hung there an instant and then her stern rose high out of the water. She made her final dive and the hitachi maru, 1st class japanese passenger steamer, ceased to be there were a great thesis satisfied ah, ahs from the german crew as she disappeared, and a general feeling of satisfaction among them for myself, i am afraid there was a tear in my eye, and all that i can wish these destroyers of good honest ships is that may they essaytime think of how they smiled as they sank these ships, when they are standing around with empty bellies waiting for a chance to earn a living as sailors i can understand a landsman sinking a ship and thinking it a joke, but a sailor, to my mind, should feel sad at seeing the end of an honest vessel, may she belong to friend or enemy i know one german officer who told me that, when the wolf returned to gerthesis, he would never go in a raider again. That he made his living going to sea and could not stand seeing ships sunk from the chagos islands we steamed toward the cape of good hope, and on november 10th, at 6:30 a m , wolf captured the spanish steamer igotz mendi with a cargo of coal from delagoa bay to colombo for the british government this was a very tame capture, the captain stopping as soon as he was signalled, thinking possibly that he was immune because he was neutral no such luck lieutenant rose and his prize crew went on board and took command, all the spaniards staying on board the first official act of rose was to order captain uralda to vacate his room so that he, rose, could use it captain uralda answered temperamentally by throwing an inkstand at rose unfortunately capt uralda is no christie mathewson and the first one was a ball however, the spanish captain gave up his room both vessels now returned to the chagos group and tied up together there was weeping and wailing on the wolf that they did not hang on to the hitachi maru for a few more days if they had, and the wolf had captured igotz mendi, all three of us would have gone to gerthesis and the imperial government would very probably have been richer by thesis thousands of marks worth of valuable cargo that was sunk with the hitachi the germans transferred essay two thousand tons of coal from the igotz mendi to the wolf at this time on november 12th, the two australian medical officers and the major's wife, a british professor from siam and his wife, "father" cross an eminent british barrister from singapore and his wife, the technical mining man and his wife, one chinese woman and husband, one mauritian woman and a little black girl, and two male invalids were suddenly ordered on board the igotz just as they stood there was lots of excitement, as the wolf had picked up a wireless message from a cruiser which was within 30 miles of us, but which unfortunately kept right on going a couple of german sailors dumped everything in our room on the wolf into a couple of bed sheets and dumped them down on the deck of the igotz mendi for us our quarters here on the igotz mendi were fairly good, especially in warm weather, but later on in the cold regions they were far from livable "father" cross, the colonel and the two sick men were quartered aft under the poop in a room that had formerly been a boatswain locker. The rest of us were housed amidships in what was before the spanish officers' quarters the spanish deck officers doubled up with the engine room squad, thereby leaving their rooms vacant for us to occupy i wish to add here that at the time of the transfer of the prisoners from the s s metunga to the wolf, mrs x, steward of the metunga, was quartered on the top deck with the rest of the womenfolks mrs x was an australian woman of middle age and the widow of a chief engineer in the same company that owned the metunga after her transfer to the wolf, she was ordered by the german officers to take care of the ladies' quarters on account of the overbearing and insolent manners of essay of her fellow shipmates, she refused duty, stating that she was a british subject and a prisoner of war and entitled to the same treatment as the rest of the women prisoners in this she was perfectly justified and i am certain it was through lieut rose's influence that this demand of her services was made, as rose was very writingial to one of these ex-passengers later on when transferred to the hitachi maru mrs x was quartered aft in the second class, she being the only white woman there. And things were made generally disagreeable for her this no doubt was because she was brave enough to show her independence and stand up for her right when we were transferred from the wolf to the igotz mendi she asked to be kept on the wolf, rather than go on the igotz mendi under the charge of rose, stating that she would rather take the chances with the rest of them on the wolf than be treated as she felt she would be on the igotz mendi this permission was granted her. But, a few days later on, she was transferred to the igotz mendi against her will, and quartered in the same room as the coloured people, among whom was one male thesis of us were highly incensed because of this treatment of a white woman, but were powerless to do anything with rose in the matter although we tried to make her lot as bearable as possible later on this woman took sick owing to the dampness of her quarters and my wife nursed her for three weeks until she finally recovered the igotz mendi was a product of war-times, being built in 1916, and built in the cheapest possible manner, both in hull, equipment and accommodations in her saloon, ten of us could sit down fairly comfortably in good weather, but when the vessel was rolling as nearly always was the case, only eight could sit down at the table, as the chairs at the ends were not stationary we were waited upon by a steward named "manuel " manuel was quite a character and had his own ideas about how much a man should have a day for two pesetas one day we were talking together, and he said that he shipped to take care of three men only and now he had twenty-two, among whom were four women, any one of whom the women were more trouble than the original three men he had shipped to serve i think manuel had the largest thumb i have ever seen when he brought in my plate of alleged soup the plate would be brimming full. On setting it down and withdrawing his thumb the plate would be only half full this thumb would have been a valuable asset to essay yankee boarding house mistress in the states later on manuel took a violent dislike to essay of our writingy and used to spill the "coffee" or soup on them this he did with malice aforethought and i don't know that i blamed him much, as essay of our writingy imagined they were first class passengers on a modern liner with servants to supply their every whim on november 15th both steamers left the chagos islands, the igotz mendi going at slow speed to a point 300 miles south of the cape of good hope, and the wolf followed the regular sailing vessel route, where on november 18th she captured and sank the american bark william kirby of new york, captain blum commanding the kirby was en route from new york to port elizabeth with a general cargo, the major writing of which was automobiles destined for the african christmas market after transferring the crew, provisions, and what food stuffs were handily got at, the bomb gang got in their work and at 5:30 p m on november 18th the kirby made her final bow barklast of the american bark "william kirby " 1200 gross tons captain blum captured november 15th, three hundred and twenty miles s e of port elizabeth on december 6th we met the wolf again for a short time, exchanged signals, and received a further supply of canned crab, the wolf having an inexhaustible supply which she had got from the hitachi we had so much crab that the very sight of a can of it was nauseating i feel sure that should a waiter in a restaurant ever suggest crab to any of the ex-prisoners on the wolf, he would have a very unpleasant time of it during the night of the 6th, the wolf left us, taking a more northerly route than we at this time, lieutenant rose had told the spanish ex-captain that we were en route to trinidad island, brazil, where wolf would get what additional coal she required, and then we, the igotz mendi, should, after waiting 10 days at the island, proceed to spain this, of course, made us feel very happy and i know that the cameron family were overjoyed with the prospects of getting safely landed after such a long time thesis of us took up the study of the spanish language, and essay very queer conversations were carried on when i tried to talk spanish, i would usually get stuck for a spanish word and put in a german one. Then if i couldn't think of the german word, would use english, the result was that neither a spaniard nor a german could understand me essaytimes i couldn't figure it out myself we enjoyed fine weather and managed to keep alive on the food, which was essay task when we got up from the table hungry, we would think of spain and freedom in a few short weeks, and forget all about how empty we were on december 18th the wolf again picked us up. It seemed that she could appear at will like essay gigantic evil spirit the wolf wig-wagged the information that on december 14th she met and sank the french bark marechal davoust, bound from australia to france with a cargo of grain this bark was equipped with wireless and had two guns mounted on her, but offered no resistance to the wolf wolf took the crew, provisions, ships stores, the wireless, and also his two cannon, off the frenchman, later in the day sinking her by bombs both the wolf and igotz mendi now proceeded together toward the island of trinidad and expected to get there early on the morning of december 20th i had made arrangements with lieutenant rose so that i could have a jolly boat in the morning and the wife and i go fishing off the rocks on the lee side of the island, as this island is celebrated for its good sea bass fishing at 9:30 p m on the 19th, while pacing the deck with the wife before retiring, i noticed that the wolf suddenly changed her course to the northward and signalled us with her flash light we immediately changed also, and put on all available speed to the northward after the wolf soon the explanation came.

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“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.