LAW AND MEDICINE

Although the Crown did not follow the lead of the Company in providing

care for the sick and unsheltered, the authorities after 1624 did have

the state take an interest in medicine to the extent of passing laws

dealing with medical problems and situations. These laws were primarily

concerned with the collection and charging of fees, but also provided

for the censure of the physician or surgeon neglecting his patient.

On four occasions during the century the Assembly attempted to regulate

the excessive and immoderate rates of physicians and surgeons. The

chief example used to convey the injustice of fees for visits and drugs

was that many colonists preferred to allow their servants to hazard a

recovery than to call a medical man. Although an inhumane attitude, the

colonists reasoned that the physician or surgeon would charge more than

the purchase price of the servant.

The act of 1657-58 reveals this attitude and throws some light on the

medical practice of the century. (Similar acts had been passed in 1639

and in 1645 and would be passed in 1661-62.) By the will of the

Assembly, the layman had the right to bring the physician or surgeon

into court if the charge for "paines, druggs or medicines" was thought

to be unreasonable. The surgeon or physician had in court to declare

under oath the true value of drugs and medicines administered, and then

the court decided the just compensation.

The law went on to declare that:

Where it shall be sufficiently proved in any of the said courts

that a phisitian or chirurgeon hath neglected his patient, or that

he hath refused (being thereunto required) his helpe and assistance

to any person or persons in sicknes or extremitie, that the said

phisitian or chirurgeon shall be censured by the court for such his

neglect or refusall.

The legislators also gave the physician or surgeon protection by

providing that their accounts could be pleaded against and recovered

from the estate of a deceased patient--suggesting that patients were

not prompt enough in paying their bills (or perhaps did not survive

treatment long enough to do so). Court records show that the medical

men often took advantage of this provision for collection.

A measure enacted in 1692 indicated a more sympathetic attitude on the

part of the legislators toward the physicians and surgeons. While in

the earlier acts preventing exorbitant fees the court had been ordered

to decide upon just compensation, the later act allowed the physician

or surgeon to charge whatever he declared under oath in court to be

just for medicines. Nor did the act of 1692 make reference to "rigorous

though unskilful" or "griping and avaricious" physicians and surgeons

as had the earlier laws.

References by the colonial Assembly to exorbitant fees were not without

a basis in fact. The conventional charge for the physician's visit,

according to Dr. Wyndham Blanton, was thirty-five to fifty pounds of

tobacco and on occasions the physician, or surgeon, must have exceeded

this fee. An approximate estimate of the value of these visits in

present-day terms would be between twenty and twenty-five dollars. The

cost of medical care was even greater when an unusually large amount of

drugs was dispensed. It is not surprising that many masters did not

provide the services of a physician or surgeon for their servants; nor

that medical attention was given by persons without professional

status. Although these charges seem high, it must be taken into account

that because of the great distances between communities and even

between homes, the physician or surgeon could make only a small number

of visits each week.

County records give many examples of the fees of physicians and

surgeons. Of 145 medical bills entered in the York County records

between 1637 and 1700, the average bill was for 752 pounds of tobacco,

or a little less than one laborer could produce in a year. Other fees

were: 400 pounds of tobacco for six visits; 300 pounds of tobacco for

three visits and five days attendance; 1,000 pounds of tobacco for

twenty days of attendance "going ounce a weeke ... being fourteen

miles"; and 600 pounds for twelve daily visits. At the time these

charges were made, tobacco brought between two and three cents per

pound, or the equivalent of approximately fifty cents today.

The surgeon administering the clyster or phlebotomy, those commonly

resorted to "remedies," could be expected to charge thirty pounds of

tobacco for the first and twenty pounds for the second. The surgeon,

and the physician, often charged from twenty to fifty pounds of tobacco

for a drug prescription.

In 1658, Dr. John Clulo presented a bill to John Gosling in York County

which he itemized as follows (in pounds of tobacco):

For 2 glisters [clysters] 040

For a glister 030

For a potion cord.[ial] 036

For an astringent potion 035

For my visitts paines & attendance ...

For a glistere 030

For an astringent potion 035

For a cord. astringent bole 036

For a bole as before 036

For a purging potion 050

For a [cordial julep] 120

For a potion as before 036

Not only does Dr. Clulo's bill give examples of fees charged, but it

supports the contention that the substance of medical treatment during

the century was bloodletting, purging, and prescribing drugs.

Although the physicians of colonial Virginia did charge well for their

services, it should be noted that they were in demand. Their patients,

this would indicate, considered their services of great value, any

subsequent protests notwithstanding.

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