History

Financial Management Homework Help


It helps the tooth-ache, being boiled in vinegar and gargledtherewith the hot vapours of the decoction taken by a funnel in at theears, eases the inflammations and singing noise of them being bruised, and salt, honey, and cummin seed put to it, helps those that are stungby serpents the oil thereof the head being anointed kills lice, andtakes away itching of the head it helps those that have the fallingsickness, which way soever it be applied it helps to expectorate toughphlegm, and is financial management homework help effectual in all cold griefs or diseases of the chestsor lungs, being taken either in syrup or licking medicine the greenherb bruised and a little sugar put thereto, doth quickly heal any cutor green wounds, being thereunto applied hops these are so well known that they need no description. I mean themanured kind, which every good husband or housewife is acquainted with descript the wild hop grows up as the other doth, ramping upontrees or hedges, that stand next to them, with rough branches andleaves like the former, but it gives smaller heads, and in far lessplenty than it, so that there is scarcely a head or two seen in a yearon divers of this wild kind, wherein consists the chief difference place they delight to grow in low moist grounds, and are found inall writings of this land time they spring not until april, and flower not until the latterend of june. The heads are not gathered until the middle or latter endof september government and virtues it is under the dominion of mars this, inphysical operations, is to open obstructions of the liver and spleen, to cleanse the blood, to loosen the belly, to cleanse the reins fromgravel, and provoke urine the decoction of the tops of hops, as wellof the tame as the wild, works the same effects in cleansing the bloodthey help to cure the french diseases, and all manner of scabs, itch, and other breakings-out of the body. As also all tetters, ringworms, and spreading sores, the morphew and all discolouring of the skin thedecoction of the flowers and hops, do help to expel poison that any onehath drank half a dram of the seed in powder taken in drink, killsworms in the body, brings down women courses, and expels urine asyrup made of the juice and sugar, cures the yellow jaundice, eases thehead-ache that comes of heat, and tempers the heat of the liver andstomach, and is profitably given in long and hot agues that rise incholer and blood both the wild and the manured are of one property, and alike effectual in all the aforesaid diseases by all thesetestimonies beer appears to be better than ale mars owns the plant, and then dr reason will tell you how it performsthese actions horehound there are two kinds of horehound, the white and the black the blacksort is likewise called hen-bit. But the white one is here spoken of descript common horehound grows up with square hairy stalks, half ayard or two feet high, set at the joints with two round crumpled roughleaves of a sullen hoary green colour, of a reasonable good scent, buta very bitter taste the flowers are small, white, and gaping, set in arough, hard prickly husk round about the joints, with the leaves fromthe middle of the stalk upward, wherein afterward is found small roundblackish seed the root is blackish, hard and woody, with thesis strings, and abides thesis years place it is found in thesis writings of this land, in dry grounds, andwaste green places time it flowers in july, and the seed is ripe in august government and virtues it is an herb of mercury a decoction ofthe dried herb, with the seed, or the juice of the green herb takenwith honey, is a remedy for those that are short-winded, have a cough, or are fallen into a consumption, either through long sickness, orthin distillations of rheum upon the lungs it helps to expectoratetough phlegm from the chest, being taken from the roots of iris ororris it is given to women to bring down their courses, to expel theafter-birth, and to them that have taken poison, or are stung or bittenby venemous serpents the leaves used with honey, purge foul ulcers, stay running or creeping sores, and the growing of the flesh overthe nails it also helps pains of the sides the juice thereof withwine and honey, helps to clear the eyesight, and snuffed up into thenostrils, purges away the yellow-jaundice, and with a little oil ofroses dropped into the ears, eases the pains of them galen saith, itopens obstructions both of the liver and spleen, and purges the breastand lungs of phlegm. And used outwardly it both cleanses and digests adecoction of horehound saith matthiolus is available for those thathave hard livers, and for such as have itches and running tetters the powder hereof taken, or the decoction, kills worms the greenleaves bruised, and boiled in old hog grease into an ointment, healsthe biting of dogs, abates the swellings and pains that come by anypricking of thorns, or such like means. And used with vinegar, cleansesand heals tetters there is a syrup made of horehound to be had at theapothecaries, very good for old coughs, to rid the tough phlegm. Asalso to void cold rheums from the lungs of old folks, and for thosethat are asthmatic or short-winded horsetail of that there are thesis kinds, but i shall not trouble you nor myselfwith any large description of them, which to do, were but, as theproverb is, to find a knot in a rush, all the kinds thereof beingnothing else but knotted rushes, essay with leaves, and essay without take the description of the most eminent sort as follows descript the great horsetail at the first springing has headsessaywhat like those of asparagus, and afterwards grow to be hard, rough, hollow stalks, jointed at sundry places up to the top, a foothigh, so made as if the lower writings were put into the upper, where growon each side a bush of small long rush-like hard leaves, each writingresembling a horsetail, from whence it is so called at the tops of thestalks come forth small catkins, like those of trees the root creepsunder ground, having joints at sundry places place this as most of the other sorts hereof grows in wetgrounds time they spring up in april, and their blooming catkins in july, seeding for the most writing in august, and then perish down to theground, rising afresh in the spring government and virtues the herb belongs to saturn, yet is veryharmless, and excellently good for the things following. Horsetail, thesmoother rather than the rough, and the leaves rather than the bare, ismost physical it is very powerful to staunch bleeding either inward oroutward, the juice or the decoction thereof being drank, or the juice, decoction, or distilled water applied outwardly it also stays allsorts of lasks and fluxes in man or woman, and bloody urine. And healsalso not only the inward ulcers, and the excoriation of the entrails, bladder, &c but all other sorts of foul, moist and running ulcers, andsoon solders together the tops of green wounds it cures all rupturesin children the decoction thereof in wine being drank, provokes urine, and helps the stone and stranguary.

Powerfully cleansesimposthumes and inward ulcers in the urinary passage, and by its dryingand temperate quality doth afterwards heal them. For which purpose thedecoction of the roots or leaves in white wine, or the leaves choppedas pot-herbs, with a few alisanders, and boiled in their broth, arevery effectual and whoever is drawing towards a consumption or anevil disposition of the whole body, called cachexia, by the use hereoffor essay time together, shall find a wonderful help it helps also toprocure rest and sleep to bodies distempered by the heat of ague fits, or otherwise. The distilled water is effectual to drink in pestilentialfevers, and to wash the sores you see here what virtues this common herb hath, and that is thereason the french and dutch so often eat them in the spring. And nowif you look a little farther, you may see plainly without a pair ofspectacles, that foreign physicians are not so selfish as ours are, butmore communicative of the virtues of plants to people darnel it is called jam and wray. In sussex they call it crop, it being apestilent enemy among corn descript this has all the winter long sundry long, flat, and roughleaves, which, when the stalk rises, which is slender and jointed, arenarrower, but rough still. On the top grows a long spike, composed ofthesis heads set one above another, containing two or three husks, witha sharp but short beard of awns at the end. The seed is easily shakenout of the ear, the husk itself being essaywhat rough place the country husbandmen do know this too well to grow amongtheir corn, or in the borders and pathways of the other fields that arefallow government and virtues it is a malicious writing of sullen saturn asit is not without essay vices, so hath it also thesis virtues the mealof darnel is very good to stay gangrenes, and other such like frettingand eating cankers, and putrid sores. It also cleanses the skin of allleprosies, morphews, ringworms, and the like, if it be used with saltand raddish roots and being used with quick brimstone and vinegar, it dissolves knots and kernels, and breaks those that are hard to bedissolved, being boiled in wine with pigeon dung and linseed. Adecoction thereof made with water and honey, and the places bathedtherewith, is profitable for the sciatica darnel meal applied in apoultice draws forth splinters and broken bones in the flesh. The reddarnel, boiled in red wine and taken, stays the lask and all otherfluxes, and women bloody issues. And restrains urine that passes awaytoo suddenly dill descript the common dill grows up with seldom more than one stalk, neither so high, nor so great usually as fennel, being round and fewerjoints thereon, whose leaves are sadder, and essaywhat long, and so likefennel that it deceives thesis, but harder in handling, and essaywhatthicker, and of a strong unpleasant scent.

Aman of reasonable strength may take an ounce of it going to bed, whichwill work next morning electuarium passulatum college take of fresh polypodium roots three ounces, freshmarsh-mallow roots, sena, of each two ounces, annis seeds two drams, steep them in a glazed vessel, in a sufficient quantity of springwater, boil them according to art. Strain it and with pulp of raisinsof the sun half a pound, white sugar, manna, of each four ounces, boilit to the thickness of a cydoniate, and renew it four times a year culpeper it gently purges both choler and melancholy, cleanses thereins and bladder, and therefore is good for the stone and gravel inthe kidneys electuarium e succo rosarum or electuary of the juice of roses college take of sugar, the juice of red roses clarified, of each apound and four ounces, the three sorts of sanders of each six drams, spodium three drams, diacydonium twelve drams, camphire a scruple, letthe juice be boiled with the sugar to its just thickness, then add therest in powder, and so make it into an electuary according to art culpeper it purges choler, and is good in tertian agues, anddiseases of the joints, it purges violently, therefore let it be warilygiven hiera picra simple college take of cinnamon, xylobalsamum, or wood of aloes, the rootsof asarabacca, spikenard, mastich, saffron, of each six drams, aloesnot washed twelve ounces and an half, clarified honey four pounds andthree ounces, mix them into an electuary according to art also you maykeep the species by itself in your shops culpeper it is an excellent remedy for vicious juices which liefurring the tunicle of the stomach, and such idle fancies and symptomswhich the brain suffers thereby, whereby essay think they see, othersthat they hear strange things, especially when they are in bed, andbetween sleeping and waking. Besides this, it very gently purges thebelly, and helps such women as are not sufficiently purged after theirtravail hiera with agarick college take of species hiera, simple without aloes, agaricktrochiscated, of each half an ounce, aloes not washed one ounce, clarified honey six ounces, mix it, and make it into an electuaryaccording to art culpeper look but to the virtues of agarick and add them to thevirtues of the former receipt, so is the business done without anyfurther trouble hiera logadii college take of coloquintida, polypodium, of each two drams, euphorbium, poley mountain, the seeds of spurge, of each one dramand an half, and six grains, wormwood, myrrh, of each one dram andtwelve grains, centaury the less, agarick, gum ammoniacum, indian leafor mace, spikenard, squills prepared, diacrydium of each one dram, aloes, thyme hermander, cassia lignea, bdellum, horehound, of eachone scruple and fourteen grains, cinnamon, oppopanax, castorium, longbirthwort, the three sorts of pepper, sagapen, saffron, parsley of eachtwo drams, hellebore black and white, of each six grains, clarifiedhoney a pound and a half, mix them, and make of them an electuaryaccording to art let the species be kept dry in your shops culpeper it takes away by the roots daily evils coming ofmelancholy, falling-sickness, vertigo, convulsions, megrim, leprosies, and thesis other infirmities. For my writing i should be loth to take itinwardly unless upon desperate occasions, or in clysters it may welltake away diseases by the roots, if it takes away life and all hiera diacolocynthidos college take of colocynthis, agarick, germander, white horehound, stœchas, of each ten drams, opopanax, sagapen, parsley seeds, roundbirthwort roots, white pepper of each five drams, spikenard, cinnamon, myrrh, indian leaf or mace, saffron, of each four drams, bruise thegums in a mortar, sift the rest, and with three pounds of clarifiedhoney, three ounces and five drams, make it into an electuary accordingto art culpeper it helps the falling-sickness, madness, and the pain inthe head called kephalalgia, pains in the breast and stomach whetherthey come by sickness or bruises, pains in the loins or back-bone, hardness of womens breasts, putrefaction of meat in the stomach, andsour belchings it is but used seldom and therefore hard to be gotten triphera the greater college take of myrobalans, chebs, bellericks, inds and emblicks, nutmegs, of each five drams, water-cress seeds, asarabacca roots, persian origanum, or else dittany of crete, black pepper, olibanum, ammi, ginger, tamarisk, indian nard, squinanth, cypress roots of eachhalf an ounce, filings of steel prepared with vinegar twenty drams, let the myrobalans be roasted with fresh butter, let the rest, beingpowdered, be sprinkled with oil of sweet almonds, then add musk onedram, and with their treble weight in honey, make it into an electuaryaccording to art culpeper it helps the immoderate flowing of the menses in women, and the hæmorrhoids in men, it helps weakness of the stomach, andrestores colour lost, it frees the body from crude humours, andstrengthens the bladder, helps melancholy, and rectifies the distempersof the spleen you may take a dram in the morning, or two if your bodybe any thing strong triphera solutive college take of diacrydium, ten drams, turbith, an ounce and anhalf, cardamoms the less, cloves, cinnamon, honey, of each three drams, yellow sanders, liquorice, sweet fennel seeds, of each half an ounce, acorns, schœnanth, of each a dram, red roses, citron pills preserved, of each three drams, violets two drams, penids four ounces, white sugarhalf a pound, honey clarified in juice of apples one pound, make anelectuary according to art culpeper the diacrydium and turbith, are a couple of untowardpurges, the rest are all cordials athanasia mithridatis galen college take of cinnamon, cassia, schœnanth, of each an ounce andan half, saffron, myrrh, of each one ounce, costus, spignel, meum, acorus, water-flag perhaps they mean see the root in the catalogue ofsimples, agarick, scordium, carrots, parsley, of each half an ounce, white pepper eleven grains, honey so much as is sufficient to make itinto an electuary according to art culpeper it prevails against poison, and the bitings of venomousbeasts, and helps such whose meat putrifies in their stomach, staysvomiting of blood, helps old coughs, and cold diseases in the liver, spleen, bladder, and matrix the dose is half a dram electuarium scoriaferri rhasis college take of the flakes of iron infused in vinegar seven daysand dried, three drams, indian spikenard, schœnanth, cypress, ginger, pepper, bishop weed, frankincense, of each half an ounce, myrobalans, indian bellericks, and emblicks, honey boiled with the decoction ofemblicks, sixteen ounces, mix them together, and make of them anelectuary culpeper the medicine heats the spleen gently, purges melancholy, eases pains in the stomach and spleen, and strengthens digestion people that are strong may take half an ounce in the morning fasting, and weak people three drams it is a good remedy for pains and hardnessof the spleen confectio humain mesua college take of eyebright two ounces, fennel seeds five drams, cloves, cinnamon, cubebs, long pepper, mace, of each one dram, beatthem all into powder, and with clarified honey one pound, in which boiljuice of fennel one ounce, juice of celandine and rue, of each half anounce, and with the powders make it up into an electuary culpeper it is chiefly appropriated to the brain and heart, quickens the senses, especially the sight, and resists the pestilence you may take half a dram if your body be hot, a dram if cold, in themorning fasting diaireos solomonis nich college take of orris roots one ounce, pennyroyal, hyssop, liquorice, of each six drams, tragacanth, white starch, bitter almonds, pine-nuts, cinnamon, ginger, pepper, of each three drams, fat figs, thepulp of raisins of the sun, and dates, of each three drams and an half, styrax, calamitis two drams and an half, sugar dissolved in hyssopwater, and clarified honey, of each twice the weight of all the rest, make them into an electuary according to art culpeper the electuary is chiefly appropriated to the lungs, andhelps cold infirmities of them, as asthmaes, coughs, difficulty ofbreathing, &c you may take it with a liquorice stick, or on the pointof a knife, a little of it at a time, and often diasaiyrion nich college take of the roots of satyrion fresh and sound, gardenparsnips, eringo, pine-nuts, indian nuts, or if indian nuts be wanting, take the double quantity of pine-nuts, fistic-nuts, of each one ounceand an half, cloves, ginger, the seeds of annis, rocket, ash keys, ofeach five drams, cinnamon, the tails and loins of scincus, the seeds ofbulbus nettles, of each two drams and an half, musk seven grains, ofthe best sugar dissolved in malaga wine, three pounds, make it into anelectuary according to art culpeper it helps weakness of the reins and bladder, and such asmake water with difficulty, it provokes lust exceedingly, and speedilyhelps such as are impotent in the acts of venus you may take twodrams or more at a time matthiolus great antidote against poison and pestilence college take of rhubarb, rhapontic, valerian roots, the rootsof acorus, or calamus aromaticus, cypress, cinquefoyl, tormentil, round birthwort, male peony, elecampane, costus, illirick, orris, white chamelion, or avens, of each three drams, the roots of galanga, masterwort, white dictamni, angelica, yarrow, fillipendula or dropwort, zedoary, ginger, of each two drams, rosemary, gentian, devil-bit, ofeach two drams and an half, the seeds of citrons, and agnus castus, the berries of kermes, the seeds of ash-tree, sorrel, wild parsnips, navew, nigella, peony the male, bazil, hedge mustard, irio treaclemustard, fennel, bishop-weed, of each two drams, the berries ofbay, juniper, and ivy, sarsaparilla, or for want of it the doubleweight of cubebs, cubebs, of each one dram and an half, the leaves ofscordium, germander, chamepitys, centaury the less, stœchas, celticspikenard, calaminth, rue, mints, betony, vervain, scabious, carduusbenedictus, bawm, of each one dram and an half, dittany of cretethree drams, marjoram, st john wort, schœnanth, horehound, goatsrue, savin, burnet, of each two drams, figs, walnuts, fistic-nuts, ofeach three ounces, emblicks, myrobalans half an ounce, the flowersof violets, borrage, bugloss, roses, lavender, sage, rosemary, ofeach four scruples, saffron three drams, cassia lignea ten drams, cloves, nutmegs, mace, of each two drams and an half, black pepper, long pepper, all the three sorts of sanders, wood of aloes, of eachone dram and an half, hart-horn half an ounce, unicorn-horn, orin its stead, bezoar stone, one dram, bone in a stag heart, ivory, stag pizzle, castoreum, of each four scruples, earth of lemnos threedrams, opium one dram and an half, orient pearls, emeralds, jacinth, red coral, of each one dram and an half, camphire two drams, gumarabic, mastich, frankincense, styrax, turpentine, sagapenum, opopanax, laserpitium, or myrrh, of each two drams and an half, musk, ambergris, of each one dram, oil of vitriol half an ounce, species cordialestemperatæ, diamargariton, diamoscu, diambra, electuarij de gemmis, troches of camphire, of squills, of each two drams and an half, trochesof vipers two ounces, the juice of sorrel, sow thistles, scordium, vipers bugloss, borrage, bawm, of each half a pound, hypocistis twodrams, of the best treacle and mithridate, of each six ounces, old winethree pounds, of the best sugar, or choice honey eight pounds sixounces these being all chosen and prepared with diligence and art, letthem be made into an electuary just as treacle or mithridate is culpeper the title shews you the scope of the author in compilingit, i believe it is excellent for those uses the dose of this is froma scruple to four scruples, or a dram and an half. It provokes sweatingabundantly, and in this or any other sweating medicine, order your bodythus. Take it in bed, and cover yourself warm, in your sweating, drinkposset-drink as hot as you can, if it be for a fever, boil sorrel andred sage in posset-drink, sweat an hour or two if your strength willbear it, then the chamber being kept very warm, shift yourself all butyour head, about which your cap which you sweat in being kept on wrapa hot napkin, which will be a means to repel the vapours back this ihold the best method for sweating in fevers and pestilences, in whichthis electuary is very good i am very loth to leave out this medicine, which if it were stretched out, and cut in thongs, would reach roundthe world requies nicholaus college take of red rose leaves, the whites being cut off, blueviolets, of each three drams, opium of thebes, dissolved in wine, the seeds of white henbane, poppies white and black, the roots ofmandrakes, the seeds of endive, purslain, garden lettuce, psyllium, spodium, gum tragacanth, of each two scruples and five grains, nutmegs, cinnamon, ginger, of each a dram and an half, sanders, yellow, white, and red, of each a dram and an half, sugar three times their weight, dissolved in rose-water. Mix them together, and make of them anelectuary according to art culpeper i like not the receipt taken inwardly electuarium reginæ coloniens college take of the seeds of saxifrage and gromwell, juice ofliquorice, of each half an ounce, the seeds of caraway, annis, smallage, fennel, parsley of macedonia, broom, carrots, bruscus, asparagus, lovage, cummin, juniper, rue, siler mountain, the seeds ofacorus, pennyroyal, cinquefoyl, bayberries, of each two drams, indianspikenard, schœnanth, amber, valerian, hog fennel, lapis lincis, ofeach a dram and an half, galanga, ginger, turbith, of each two drams, sena an ounce, goat blood prepared half an ounce, mix them together:first beat them into powder, then make them into an electuary accordingto art, with three times their weight in sugar dissolved in white wine culpeper it is an excellent remedy for the stone and wind cholic, adram of it taken every morning. I assure such as are troubled with suchdiseases, i commend it to them as a jewel pills culpeper pills in greek are called, katopotia, in latin, pilulæ. Which signifies little balls, because they are made up insuch a form, that they may be the better swallowed down, by reason ofthe offensiveness of their taste pilulæ de agarico or pills of agarick college take of agarick three drams, our own blue orris roots, mastich, horehound, of each one dram, turbith five drams, specieshiera picra half an ounce, colocynthis, sarcocol, of each two drams, myrrh one dram, sapa as much as is sufficient to make it into a massaccording to art culpeper it was invented to cleanse the breast and lungs of flegm, it works pretty strongly half a dram at a time keeping yourselfwarm, cannot well do you harm, unless your body be very weak pilulæ aggregativæ college take of citron, myrobalans, rhubarb, of each half anounce, juice of agrimony and wormwood made thick, of each two drams, diagridium five drams, agarick, colocynthis, polypodium of each twodrams, turbith, aloes, of each six drams, mastich, red roses, sal gem epithymum, annis, ginger, of each a dram, with syrup of damask roses, make it into a mass according to art culpeper it purges the head of choler, flegm and melancholy, andthat stoutly. It is good against quotidian agues, and faults in thestomach and liver, yet because it is well corrected if you take buthalf a dram at a time, and keep yourself warm, i suppose you may takeit without danger pilulæ alœphanginæ college take of cinnamon, cloves, cardamoms the less, nutmegs, mace, calamus aromaticus, carpobalsamum, or juniper berries, squinanth, wood of aloes, yellow sanders, red roses dried, wormwood, of each halfan ounce, let the tincture be taken out of these, being grossly bruisedin spirit of wine, the vessel being close stopped. In three pounds ofthis tincture, being strained, dissolve aloes one pound, which beingdissolved, add mastich, myrrh, of each half an ounce, saffron twodrams, balsam of peru one dram, the superfluous liquor being consumed, either over hot ashes, or a bath, bring it into a mass of pills culpeper it cleanses both stomach and brain of gross and putrifiedhumours, and sets the senses free when they are thereby troubled, itcleanses the brain offended by ill humours, wind, &c helps vertigo andhead-aches, and strengthens the brain exceedingly, helps concoction, and strengthens the stomach, one dram taken at night going to bed, will work gently next day. If the writingy be weak, you may give less, ifstrong more if you take but half a dram, you may go abroad the nextday.

And writingial statements which need a qualification to makethem a truth this is the physician opportunity to set himself rightwith the court and with the jury if the course of the examination hasbeen unsatisfactory to him, he can then, by a brief and plain statementof the general points which he has intended to convey by his testimony, sweep away all the confusion and uncertainty arising from the longexamination and cross-examination, and can often succeed in producingfor the first time the impression which he desires to produce, and canpresent the scientific aspects of the case briefly and correctly probably no man was ever so gifted as to be able in practice to carryout all of these principles in giving medical testimony if he could, he would be the ideal expert witness but the principles are, afterall, simple and easily followed in the main any physician who knowshis subject and who has a clear head and the ordinary faculty ofexpression, by observing these principles can make himself invaluableas an expert witness there is no branch of the profession which bringsa broader fame, greater influence, or larger emoluments than this there is no branch, on the other hand, in which men of real abilitymake more lamentable failures chapter vi malpractice definition - malpractice may be defined to be 1st wilful acts on the writing of a physician or surgeon toward a personunder his care, by which such person suffers death or injury;2d acts forbidden by express statute, on the writing of a physician orsurgeon, toward a person under his care, by which such person suffersdeath or injury;3d negligent acts on the writing of a physician or surgeon in treating apatient, by means of which such patient suffers death or unnecessaryinjury these various divisions will be considered in the order in which theyare above set forth wilful malpractice - the paper which fall within the first twodivisions of this definition are such acts as render the medicalman liable to punishment in a criminal prosecution, and may notnecessarily, although in essay instances they may, constitute grounds ofliability in a civil suit against him as examples of the first class of paper may be cited those instances, happily not numerous in the annals of the profession, where a physicianor surgeon when treating a female patient has had carnal connectionwith her, representing that he was using that method of treating her tocure her disease such a case was reg v case, 1 eng law & eq , 544 s c , 1 den c c , 580 186honest intent no defence in such paper - in reg v reed, 1 den c c , 377 s c , 2 car & k , 967, it was contended as a defencethat the defendant really believed that he was curing his patient bytreating her in this extraordinary way the court, per wildes, c j , brushed aside this contention with scorn, saying. “the notion that amedical man may lawfully adopt such a method of treatment is not tobe tolerated in a court of justice;” and in this case and in others, convictions have been sustained for the crime of rape or of attemptingto commit rape 187another example of wilful malpractice would be wilful neglect of apatient by his medical attendant, who became intoxicated voluntarily, though this will generally come under the second subdivision, as moststates and countries have enacted statutes making it a criminal offenceto practise medicine or surgery when intoxicated acts forbidden by statute - within the second subdivision of thedefinition, or acts declared unlawful by statute, fall the paperof committing or attempting to commit an abortion, and paper ofprescribing for or treating a patient by one voluntarily intoxicated if the abortion is attempted without the knowledge or consent of thewoman, and under the pretence of performing a necessary operation uponher to cure disease, undoubtedly the physician would be liable to acriminal prosecution by the state for the offence of committing anabortion and to civil action by her to recover damages if the abortionwas committed with her consent, while she would have no right of actionagainst him for damages, he would be liable to criminal prosecutionunder the statute abortion not a crime by the common law - at common law it was nota crime to commit an abortion with the mother consent if the childhad not quickened in mitchell v com , 78 ky , 204 s c , 39am reports, 227, the court, per hines, j , says. “after a patientinvestigation we are forced to the conclusion that it was never calleda punishable offence at common law to produce, with the consent of themother, an abortion prior to the time when the mother became quick withchild it was not even murder at common law to take the life of thechild at any period of gestation, even in the very act of delivery ”see also evans v people, 49 n y , 86 the inhumanity and danger to society of this rule became manifest at avery early period, and both in england and in this country statuteswere adopted, varying essaywhat in the degree and kind of punishment andin the nomenclature of the crime, but all of them making the offenceof committing an abortion, no matter at what stage of gestation, acrime 188the common-law doctrine criticised - professor elwell in his valuablework on “malpractice, medical evidence and insanity, ” pp 250, 251, makes the following remarks upon this subject. “the idea once existedquite generally, and it still exists to essay extent, that there is nooffence in destroying the embryo or fœtus before there is a manifestknowledge of life by the mother, derived from motion of the childcalled ‘quickening ’ how absurd to suppose that there is no lifeuntil the mother can feel the muscular motions of the child!. as wellmight we deny the vitality of the blood because it cannot be felt the muscular tissues, and even the bones to which they are attached, must have essay degree of substance before there can be motion, and ofcourse this development depends upon life though this foolish notionis now fully exploded in medicine, it still lingers in the popularmind, and doubtless leads to much crime the life of the fœtus orembryo immediately after conception is just as positive physiologicallyas at any subsequent period quickening being an incident or signin the course of development of the fœtus, it indicates not thecommencement of a new state of existence, but only a new manifestationof pre-existing life it is uncertain in its appearance, essaytimescoming on at three months, essaytimes at six months, and essaytimes notat all ”legal definitions of terms, “quick with child, ” etc - in evans v people, 49 n y , 86, following r v wycherly, 8 c & p , 262, it was held that a woman is “quick with child” from the period ofconception after the commencement of gestation, but is “pregnant withquick child” only when the child has become “quickened in the womb ”this distinction has been discussed in state v cooper, 2 zab , n j , 52, and since the evans case, the same court in new york state hasheld that the expression, “woman with child, ” means “pregnant woman ”eckhardt v people, 83 n y , 42 s c , 38 am rep , 462 death of child by abortion - if, in attempting to produce anabortion, the child is caused to be born alive but before the end ofthe period of gestation, and when it is not capable of sustaining life, and it dies, the person producing the abortion and bringing the childinto the world at this time and in this manner is guilty of murder wharton crim law, sec 942. Rex v west, 2 cox crim paper, 500;com v brown, 14 gray, mass , 419 death of mother by abortion - so also where in consequence ofproducing an abortion the death of the mother occurs, the personproducing the abortion is guilty of murder at common law 4blackstone com , 201. 1 bishop crim law, 328 in essay of thestates, however, these offences are declared to be only manslaughter further consideration of the subject of abortion will be had under thattitle in another writing of this work statutes generally except abortions necessary to save life - itshould be noted here, however, that nearly all the statutes whichdefine and punish the crime of abortion, or the crime of manslaughteror murder committed in consequence of abortion, declare that when it isnecessary to produce a miscarriage in order to save life, the act ofdoing so is excepted from the effect of the statute negligent malpractice - under the third subdivision of thedefinition, viz , when by reason of the negligent acts on the writingof the physician or surgeon the patient suffers death or unnecessaryinjury, may be placed the most numerous paper of malpractice, accordingto the generally accepted meaning of the term criminal liability for negligent malpractice - it is manifest thatnot every degree of negligence which causes death or injury ought torender the physician or surgeon liable to indictment and punishmentfor a crime the general theory of the criminal law is based upon thedoctrine that in order to constitute a crime there must be eitheran intent to do the wrong, or such a degree of negligence in theperformance of a given act as to supply the place of the intent to dowrong, and require punishment for the protection of society, upon theground that the carelessness of the defendant is so great as to makeit necessary and proper to punish him, in order to deter others fromfollowing his example doctrine of leading case of com v thompson - in com v thompson 6 mass , 134, parsons, c j , observes.

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