Medicolegal
1921
Journal of the American Medical Association (JAMA)
The author has thoroughly revised the first edition of his work, and in this edition, with the aid of his colleagues, he introduces valuable information concerning experiences in army hospitals, and applies it to civil surgery. The book is arranged in well planned chapters on general, systemic and regional surgery. The chapter on tumors and surgical pathology might well be elaborated. Those on systemic and regional surgery rival larger systems on surgery, since they contain much of the best of
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... ecent developments in operative technic. It may be questioned whether the relative space given to these developments in a book on principles and practice is not a little out of proportion. However, this effort on the part of the author to make the reader acquainted with recent operative technic makes the work valuable for reference. In view of the rapid development of the use of local anesthesia in modern surgery, more detailed descriptions of its use and possibilities would be appreciated. The book contains many well chosen illustrations which are largely original, coming from the undoubtedly large experience of the author. We feel that too little space has been given to roentgen rays as a factor in diagnosis and in therapy. Radium, also, is given possibly too little recognition as a therapeutic agent. Never¬ theless, the task, which the author has accomplished in pre¬ senting so comprehensive a volume on surgical principles and practice, is well done. The work is up to date, is a pleasure to read, and is recommended to the student for its useful, concise information, and to the practitioner of surgery for the detailed description of recent development in operative technic. Kompendium der Kinderheilkunde mit besonderer Ber\l=u"\cksichtigung der S\l=a"\uglingskrankheiten.Von Professor Dr. Albert Niemann, Privatdozent f\l=u"\rKinderheilkunde an der Universit\l=a"\tBerlin. Paper. Price, 18 marks. P. 334. Berlin: S. Karger, 1920. As the title indicates, this book is not an exhaustive treatise on diseases of children. It is written by one who has been for many years in the department of pediatrics of the University of Berlin and who has had a vast clinical experience. The book has a new arrangement which will appeal to many. This arrangement is logical, and differs essentially from the arrangement of books which one usually sees on the subject. The first part discusses congenital and constitutional diseases. Under this there is first considered the developmental disturbances, and this is again subdivided into disturbances which affect the whole organism, prematurity and infantilism, and disturbances affecting single organisms such as the ductless glands, central nervous system, heart and digestive tract. Among the congenital anomalies were considered exudative diathesis, rickets, constitutional overirritability, and diseases of the blood and blood forming organs. The next part treats of nourishment and nourishment disturbances. This is handled in a manner peculiar to the writer. He does not take any of the usual classifications -of nourishment disturbances, but begins with a section on general etiology and then divides them into diseases with diarrhea and diseases with distur¬ bances of nutrition. In the latter he includes the lighter forms of malnutrition, and also marasmus and disturbances due to "mehlnährschaden" and scurvy. Following this section is a section on diseases caused by infection. The book is compact, well written, and, as the arrangement indicates, it is distinctly individual in many ways. Therapeutisches Vademekum f\l=u"\rdie Kinderpraxis. Von Dr. Hans Kleinschmidt, Professor der Kinderheilkunde an der Universit\l=a"\t Hamburg. Second edition. Paper. Price, 15 marks. Pp. 196. Berlin: S. Karger, 1920. This small compendium of indications for treatment in children's diseases is arranged in parts, general therapeutic measures being given first, and then the feeding of infants, diseases of the new-born, diseases of infants and older children. This is followed by a short chapter on the preparation of foods, and then a list of the German institutions for children. The book contains many helpful hints, but the American reader is struck by the frequent reference to proprietary remedies throughout the book. It is greatly condensed, but should serve a useful purpose in directing treatments, and it contains many helpful suggestions. Division 2, in affirming a judgment in favor of the plaintiff, who sued the defendants as executors of the will of a Mrs. Wolfskill, on a note given by her for $12,500, says that it appeared that Mrs. Wolfskill was a widow, about 71 years of age, without business experience until after her husband's death, when she administered his large estate, with the assis¬ tance of agents and attorneys. The plaintiff had been for many years her family physician and a neighbor, but there was nothing of a business nature between them prior to the execution of the note, except with regard to his fees, which she had paid. In May, 1915, he, with the assistance of three other physicians whom he called for the purpose, amputated one of her legs. In July, in the presence of the nurse, he jokingly inquired of Mrs. Wolfskill how much he owed her for his visits, to which she responded by inquiring how much she owed him. At that point the nurse left the room, and did not hear the conversation that ensued. Several days later the plaintiff again called, bringing with him the note, which Mrs. Wolfskill signed. At that time she offered to secure the pay¬ ment of the note by a mortgage on her home, but the plain¬ tiff said that her signature was enough. He also informed her that he had paid the other physicians, and on delivery of the note gave her a receipt for $12,500 for professional ser¬ vices, which, by its terms, included payment of the three assis¬ tants. After his departure, Mrs. Wolfskill remarked to the nurse that she thought the charge reasonable, that she would not have been surprised if it had been $20,000, and expressed appreciation of what the plaintiff had done for her. Her two sons, executors of her will, testified that she had a clear, strong mind, a positive character, and was a good house manager. She· had administered her husband's estate, which was appraised at $2,600,000, in a satisfactory manner, and no criticism was made of the conduct of any of her business affairs. From this undisputed testimony it was sufficiently established that she was fully capable of contracting, that the plaintiff had rendered her valuable services, and that the note was voluntarily executed by her in settlement therefor, in the belief that the charge was reasonable. It undoubtedly is the established rule that the relation of physician and patient is confidential," and the law demands the strictest good faith and fair dealing in all transactions aris¬ ing from that relationship. Once this relation is shown to exist, all dealings between the parties will be closely scru¬ tinized, to ascertain whether the confidence of the trusting party has been betrayed, or his mind unduly influenced to his prejudice. But when satisfactory proof has been made that a person has freely and voluntarily disposed of his property in accordance with his wishes, and his capacity and volition are apparent, the existence of the confidential relation will not prevent the consummation of his desires. It was con¬ tended that, by reason of the proof that the note was executed by a patient to her physician during such relationship, the presumption arose that it was obtained by undue influence and without sufficient consideration; but the result of a drastic application of the rule invoked would be to preclude a physician from bargaining with a patient in regard to his fees, and to deprive persons occupying confidential relations of the power of contracting with each other for compensation, which, in all cases, would of necessity be fixed by a court or jury regardless of the circumstances under which the parties arrived at an agreement between themselves. Counsel argued that it did not appear that Mrs. Wolfskill was informed as to the amounts paid to other physicians or what services were performed by the plaintiff, although pecu¬ liarly within his knowledge. It must be borne in mind that
doi:10.1001/jama.1921.02630150063046
fatcat:yxl35vwwkvarjoe6ycqeniczr4