History

Heroes Essay


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“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. “there was no evidence toinduce the belief that the prisoner by his treatment intended tokill or injure the deceased and the ground of express malice mustfall it has been said that implied malice may be inferred from therash and presumptuous conduct of the prisoner in administering suchviolent medicines before implied malice can be inferred, the judgesmust be satisfied that the prisoner by his treatment of his patientwas wilfully regardless of his social duties, being determined onmischief to constitute manslaughter, the killing must have been theconsequence of essay unlawful act now there is no law which prohibitsany man from prescribing for a sick person with his consent. And it isnot a felony, if through his ignorance of the quality of the medicineprescribed, or of the nature of the disease, or of both, the patient, contrary to his expectations, should die the death of a man killed byvoluntarily following a medical prescription cannot be adjudged felonyin the writingy prescribing unless he, however ignorant of medical sciencein general, had so much knowledge or probable information of the fataltendency of the prescription that it may be reasonably presumed bythe jury to be an act of wilful rashness at least, and not of honestintention and expectation to cure ”the doctrine of the thompson case too broad - this lax statementof the law, made by the learned chief justice in this case, has beenmuch doubted and criticised it appears to be unsound in the length towhich it goes in requiring, in order to constitute criminal liability, what may be termed excessive gross carelessness or wilful grosscarelessness it apparently runs counter to the prevailing opinions ofthe english judges, and to the later decisions of the courts in theunited states, although it is followed and approved in rice v thestate, 8 mo , 561 in rex v long 4 car & p , 308-310, park, j , said. “i call itacting wickedly when a man is grossly ignorant and yet affects to curepeople, or when he is grossly inattentive to their safety ”so in rex v spiller 5 car & p , 353, the court said. “if aperson, whether a medical man or not, professes to deal with thelife and health of another, he is bound to use competent skill andsufficient attention. And if he causes the death of another throughgross want of either he will be guilty of manslaughter ”bishop, in his work on criminal law, lays down the rule that not everydegree of carelessness renders a practitioner liable to criminalprosecution, and that it must be gross, or, as more strongly expressed, “the grossest ignorance or most criminal inattention ”189nevertheless he quotes with approval 2 bishop crim law, 264 theremark of willes, j , that a medical man is taking a leap in the darkif he knew he was using medicines beyond his knowledge. And also theremarks of bayley, j , in rex v simpson 1 lewin, 172, who said inthat case. “i am clear that if a person not having a medical education, and in a place where a person of a medical education might be obtained, takes it upon himself to administer medicines which may have aninjurious effect, and such medicines destroy the life of the person towhom they are administered, it is manslaughter the writingy may not meanto cause death, or the medicine may produce beneficent effects, but hehas no right to hazard medicine of a dangerous tendency when medicalassistance can be obtained if he does, he does it at his peril ”190gross negligence defined - in general it may be stated that grossnegligence is necessary to constitute criminal liability, but this maybe predicated upon, or inferred from, such want of ordinary care andskill as shows gross ignorance, or such want of attention as indicateswilful disregard of the well-known laws of life and health 191gross negligence resulting in injury a misdemeanor - it has also beenheld that although death does not but injury does ensue, as the resultof gross negligence or inattention, that constitutes a misdemeanorpunishable criminally 192in determining degree of negligence circumstances and conditionsgovern - it should be noted, however, that the circumstances andconditions attending the act of alleged criminal malpractice shouldbe given much weight so also should due weight be given to theadvancement of knowledge and education in the world in general, andin the medical profession in writingicular in an early english case, one of the judges remarked that not as much knowledge and skill couldbe expected of a surgeon or physician in a sparsely settled countrydistrict as in a city, and that he was at a loss to know what degreeof knowledge and skill should be required of such a person but ingram v boener, 56 ind , 447, worden, j , said. “it seems to us thatphysicians or surgeons practising in small towns, or in poorly orsparsely settled country districts, are bound to possess and exerciseat least the average degree of skill possessed and exercised by theprofession in such localities generally it is not true, as we think, to say that if a physician and surgeon has exercised such a degreeof skill as is ordinarily exercised in the writingicular locality inwhich he practises, that would be sufficient there might be but fewpractising in the given locality, all of whom might be quacks, ignorantpretenders to knowledge not possessed by them, and it would not doto say that because one possessed and exercised as much skill as theother, he could not be chargeable with the want of reasonable care andskill ”193unlicensed practitioner causing death guilty of manslaughter - sincethe adoption by most civilized states and countries of the salutarypractice of regulating by statute the practice of medicine and surgery, and forbidding persons not duly licensed from practising, and making ita misdemeanor to violate any of these statutes, it is clear that anyperson not having the requisite medical education and a license, whoattempted to administer drugs and medicines or to perform operations, and through want of ordinary knowledge and skill caused the death ofanother, would be held guilty of manslaughter, because he brought aboutthe death while he himself was engaged in a violation of the law inessay states where no discrimination in this respect is made betweenmisdemeanors and felonies, the crime would be murder, punishable bydeath. 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 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.

It is a sovereign remedy for hectic fevers, andmarasmos, which is nothing else but a consumption coming from them letsuch as are subject to these diseases, hold it for a jewel aqua limacum magistr or water of snails college take of the juice of ground ivy, colt-foot, scabious, lungwort, of each one pound and a half, the juice of purslain, plantain, ambrosia, paul bettony, of each a pound, hog blood, whitewine, of each four pounds, garden snails, two pound, dried tobaccoleaves eight, powder of liquorice two ounces, of elecampane half anounce, of orris an ounce, cotton seeds an ounce and a half, the greatercold seeds, annis seeds of each six drams, saffron one dram, theflowers of red roses, six pugils, of violets and borrage, of each fourpugils, steep them three days warm, and then distil them in a glassstill, in sand culpeper it purges the lungs of flegm and helps consumptions there if you should happen to live where no better nor readier medicine canbe gotten, you may use this aqua scordii composita or compound water of scordium college take of the juice of goat rue, sorrel, scordium, citrons, of each one pound, london treacle, half a pound, steep it three days, and distil it in sand culpeper a tasterful taken in the morning, preserves from ill airs aqua mariæ college take of sugar candy a pound, canary wine six ounces, rosewater four ounces. Boil it well into a syrup, and add to it imperialwater two pounds, ambergreese, musk, of each eighteen grains, saffronfifteen grains, yellow sanders infused in imperial water, two drams;make a clear water of it aqua papaveries composita or poppy water compound college take of red poppies four pounds, sprinkle them with whitewine two pounds, then distil them in a common still, let the distilledwater be poured upon fresh flowers and repeated three times. To whichdistilled water add two nutmegs sliced, red poppy flowers a pugil, sugar two ounces, set it in the sun to give it a pleasing sharpness;if the sharpness be more than you would have it, put essay of the samewater to it which was not set in the sun aqua juglandium composita or walnut water compound college take of green walnuts a pound and an half, radish roots onepound, green asarabacca six ounces, radish seeds, six ounces let allof them, being bruised, be steeped in three pounds of white wine forthree days, then distilled in a leaden still till they be dry tinctures tinctura croci or tincture of saffron college take two drams of saffron, eight ounces of treacle water, digest them six days, then strain it culpeper see the virtues of treacle water, and then know that thisstrengthens the heart essaything more, and keeps melancholy vapoursthence by drinking a spoonful of it every morning tinctura castorii or tincture of castoreum college take of castoreum in powder half an ounce, spirit ofcastoreum half a pound, digest them ten days cold, strain it, and keepthe liquor for tincture culpeper a learned invention!. ’tis essaything more prevalent thanthe spirit tinctura fragroram or tincture of strawberries college take of ripe wood-strawberries two pounds, put them ina phial, and put so much small spirits of wine to them, that it mayovertop them the thickness of four fingers, stop the vessel close, andset it in the sun two days, then strain it, and press it but gently;pour this spirit to as thesis fresh strawberries, repeat this six times, at last keep the clear liquor for your use culpeper a fine thing for gentlemen that have nothing else to dowith their money, and it will have a lovely look to please their eyes tinctura scordii or tincture of scordium college take of the leaves of scordium gathered in a dry time, half a pound, digest them in six pounds of small spirits of wine, in avessel well stopped, for three days, press them out gently, and repeatthe infusion three times, and keep the clarified liquor for use so is made tincture of celandine, rest-harrow, and rosa-solis culpeper see the herbs for the virtues, and then take notice thatthese are better for cold stomachs, old bodies tinctura theriacalis vulgo aqua theriacalis ludg per infus or tincture of treacle college take of canary wine often times distilled, vinegar in whichhalf an ounce of rue seeds have been boiled, two pounds choice treacle, the best mithridate, of each half a pound. Mix them and set them in thesun, or heat of a bath, digest them, and keep the water for use tinctura cinnamoni, vulgo, aqua clareta cinnam or tincture of cinnamon college take of bruised cinnamon two ounces, rectified spirits ofwine two pounds, infuse them four days in a large glass stopped withcork and bladder, shake it twice a day, then dissolve half a pound ofsugar candy by itself in two pounds of rose water, mix both liquors, into which hang a nodule containing, ambergris half a scruple, muskfour grains tinctura viridis or a green tincture college take of verdigris, half an ounce, auripigmentum sixdrams, alum three drams, boil them in a pound of white wine till halfbe consumed, adding, after it is cold, the water of red roses, andnightshade, of each six ounces culpeper this was made to cleanse ulcers, but i fancy it not aqua aluminosa magistralis college take of plantain and red rose water, of each a pound, rochalum and sublimatum, of each two drams. Let the alum and sublimatum, being in powder, boil in the waters, in a vessel with a narrow mouthtill half be consumed, when it has stood five days, strain it physical wines vinum absynthitis or wormwood wine college take a handful of dried wormwood, for every gallon ofwine, stop it in a vessel close, and so let it remain in steep. So isprepared wine of rosemary flowers, and eye-bright culpeper it helps cold stomachs, breaks wind, helps the windcholic, strengthens the stomach, kills worms, and helps the greensickness rosemary-flower wine, is made after the same manner it is good againstall cold diseases of the head, consumes flegm, strengthens the gums andteeth eye-bright wine is made after the same manner it wonderfully clearsthe sight being drank, and revives the sight of elderly men. A cup ofit in the morning is worth a pair of spectacles all other wines are prepared in the same manner the best way of taking any of these wines is, to drink a draught ofthem every morning you may, if you find your body old or cold, makewine of any other herb, the virtues of which you desire. And make itand take it in the same manner vinum cerassorum nigrorum or wine of black cherries college take a gallon of black cherries, keep it in a vessel closestopped till it begin to work, then filter it, and an ounce of sugarbeing added to every pound, let pass through hippocrates’ sleeve, andkeep in a vessel close stopped for use vinum helleboratum or helleborated wine college take of white hellebore cut small, four ounces, spanishwine two pounds, steep it in the sun in a phial close stopped, in thedog days, or other hot weather vinum rubellum college take of stibium, in powder, one ounce, cloves sliced twodrams, claret wine two pounds, keep it in a phial close shut vinum benedictum college take of crocus metallorum, in powder, one ounce, mace onedram, spanish wine one pound and an half, steep it vinum antimoniale or antimonial wine college take of regulus of antimony, in powder, four ounces, steepit in three pounds of white wine in a glass well stopped, after thefirst shaking let the regulus settle culpeper these last mentioned are vomits, and vomits are fittingmedicines for but a few, the mouth being ordained to take innourishment, not to cast out excrements, and to regulate a man bodyin vomiting. And doses of vomits require a deeper study in physic, than i doubt the generality of people yet have. I omit it therefore atthis time, not because i grudge it my country, but because i would notwillingly have them do themselves a mischief, i shall shortly teachthem in what diseases vomits may be used, and then, and not till then, the use of vomits vinum scilliticum or wine of squills college take of a white squill of the mountains, gathered about therising of the dog star, cut it in thin pieces, and dried for a month, one pound, put it in a glass bottle, and pour to it eight pounds offrench wine, and when it hath stood so four days, take out the squill the virtues of this are the same with vinegar of squills, only it ishotter physical vinegars acetum distillatum or distilled vinegar college fill a glass or stone alembick with the best vinegar to thethird writing, separate the flegm with a gentle fire, then encrease thefire by degrees, and perform the work acetum rosarum or rose vinegar college take of red rose buds, gathered in a dry time, the whitescut off, dried in the shade three or four days, one pound, vinegareight sextaries, set them in the sun forty days, then strain out theroses, and repeat the infusion with fresh ones after the same manner is made vinegar of elder flowers, rosemaryflowers, and clove-gilliflowers culpeper for the virtues of all vinegars, take this one onlyobservation, they carry the same virtues with the flowers whereof theyare made, only as we said of wines, that they were better for coldbodies then the bare simples whereof they are made. So are vinegarsfor hot bodies besides, vinegars are often, nay, most commonly usedexternally, viz to bathe the place, then look amongst the simples, and see what place of the body the simple is appropriated to, and youcannot but know both what vinegar to use, and to what place to apply it acetum scilliticum or vinegar of squils college take of that writing of the squill which is between theoutward bark and the bottom, cut in thin slices, and placed thirty orforty days in the sun or essay remiss heat, then a pound of them beingcut small with a knife made of ivory or essay white wood being put ina vessel, and six pounds of vinegar put to them. Set the vessel, beingclose stopped, in the sun thirty or forty days, afterwards strain it, and keep it for use culpeper a little of this medicine being taken in the morningfasting, and walking half an hour after, preserves the body in health, to extreme old age, as sanius tried, who using no other medicine butthis, lived in perfect health till one hundred and seventeen years ofage it makes the digestion good, a long wind, a clear voice, an acutesight, a good colour, it suffers no offensive thing to remain in thebody, neither wind, flegm, choler, melancholy, dung, nor urine, butbrings them forth.

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Which being strained and cleared, take four ouncesthereof morning and evening first and last, abstaining from drink afterit for three hours this opens obstructions of the liver and spleen, and expels the dropsy and jaundice by urine parsley piert, or parsley break stone descript the root, although it be very small and thready, yet itcontinues thesis years, from which arise thesis leaves lying along on theground, each standing upon a long small foot-stalk, the leaves as broadas a man nail, very deeply dented on the edges, essaywhat like aparsley-leaf, but of a very dusky green colour the stalks are veryweak and slender, about three or four fingers in length, set so fullof leaves that they can hardly be seen, either having no foot-stalk atall, or but very short. The flowers are so small they can hardly beseen, and the seed as small as may be place it is a common herb throughout the nation, and rejoicesin barren, sandy, moist places it may be found plentifully abouthampstead heath, hyde park, and in tothill-fields time it may be found all the summer-time, even from the beginningof april to the end of october government and virtues its operation is very prevalent to provokeurine, and to break the stone it is a very good sallad herb it weregood the gentry would pickle it up as they pickle up samphire fortheir use all the winter i cannot teach them how to do it. Yet thisi can tell them, it is a very wholeessay herb they may also keep theherb dry, or in a syrup, if they please you may take a dram of thepowder of it in white wine. It would bring away gravel from the kidneysinsensibly, and without pain it also helps the stranguary parsnips the garden kind thereof is so well known the root being commonlyeaten that i shall not trouble you with any description of it but thewild kind being of more physical use, i shall in this place describe itunto you descript the wild parsnip differs little from the garden, butgrows not so fair and large, nor hath so thesis leaves, and the root isshorter, more woody, and not so fit to be eaten, and therefore moremedicinal place the name of the first shews the place of its growth theother grows wild in divers places, as in the marshes in rochester, and elsewhere, and flowers in july. The seed being ripe about thebeginning of august, the second year after its sowing. For if they doflower the first year, the country people call them madneps government and virtues the garden parsnips are under venus thegarden parsnip nourishes much, and is good and wholeessay nourishment, but a little windy, whereby it is thought to procure bodily lust. Butit fastens the body much, if much need it is conducible to the stomachand reins, and provokes urine but the wild parsnips hath a cutting, attenuating, cleansing, and opening quality therein it resists andhelps the bitings of serpents, eases the pains and stitches in thesides, and dissolves wind both in the stomach and bowels, which is thecholic, and provokes urine the root is often used, but the seed muchmore the wild being better than the tame, shews dame nature to be thebest physician cow parsnips descript this grows with three or four large, spread winged, roughleaves, lying often on the ground, or else raised a little from it, with long, round, hairy foot-stalks under them, writinged usually intofive divisions, the two couples standing each against the other. Andone at the end, and each leaf, being almost round, yet essaywhat deeplycut in on the edges in essay leaves, and not so deep in others, of awhitish green colour, smelling essaywhat strongly.