MEDICAL DEFENCE ASSOCIATION.

We have selected a few recent cases of suits for malpractice with the

object of calling the attention of physicians to the importance of

adopting some plan looking toward the suppression of quackery and the

protection of professional rights when assailed by hostile influences.

“In April, 1884, Dr. Graves of Petaluma, California, was called to see

Mrs. Winters, the wife of a laborer whose family he had attended

gratuitously for nearly sixteen years. He found that the woman, who was

fifty-eight years of age, had fallen from a height and injured her

ankle. The limb was very much swollen, so as to interfere with

examination, but no crepitus could be elicited, neither was there any

displacement, or shortening; and as the swelling continued, the limb was

placed in position and wrapped loosely in cloth saturated with anodyne

lotions. The patient, we are told, received every attention from Dr.

Graves, but there was left finally some stiffening of the joint and a

very slight inversion of the foot. No complaints were made until a new

doctor arrived in the town, who told the patient the limb had been badly

treated and advised her to sue for malpractice. The case was examined by

ten of the chief surgeons in the State, including Drs. Lane, McLean,

Morse and Dennis, all of whom said that there might have been a sprain

or an incomplete fracture of the external malleolus, but that the ends

of the bones were in perfect apposition and never had been separated,

and that the stiffening was probably due to inflammatory adhesions. Two

other doctors, one of whom being he who advised the suit, testified that

there was shortening of the limb, and that the lower fragment of the

tibia had been driven up and behind the fibula. One of these would-be

surgeons, Dr. Wells, is nearly eighty years of age, and had not read a

work on surgery for thirty years; the other, Dr. Ivancovich, confessed

he had no special experience in surgery. Their incompetence may be

judged from the way they measured the patient's limb in court. This was

done by taking a carpenter's rigid rectangular rule, and measuring the

limb as she maintained the upright position. The result was that in the

opinion of nine jurymen the testimony of two unknown, inexperienced

general practitioners out-weighed that of ten specialists in surgery,

all of whom possess a national reputation, so that a verdict was

returned in favor of the plaintiff, awarding her eight thousand dollars

damages.”

“Some three years ago Dr. Purdy, a well-known and esteemed physician,

gave notice to the health department of New York City, in accordance

with a regulation of the sanitary code which makes it the duty of

physicians to notify this department of cases of infectious diseases,

that in his opinion a young woman who was under his treatment was

suffering with smallpox. The department sent one of its medical officers

to investigate the case. The diagnosis made by Dr. Purdy was then

confirmed and by the authority of the board of health the patient was

transferred to the smallpox hospital. After a day or two the patient was

discharged. This patient immediately brought suit against Dr. Purdy for

$10,000 damages, on the ground of injury to her business and of the

false diagnosis upon the part of her medical attendance. The jury which

tried this case gave a verdict of $500 against the defendant. The

singular injustice of this verdict resides in the fact that damages

should have been brought against Dr. Purdy, when, in point of fact, the

injury to the plaintiff was inflicted by the health department, which

not only affirmed the diagnosis of the attending physician, but caused

the removal of the patient to be made to the smallpox hospital. It

appears that Dr. Purdy's sole error in the case was in informing the

health authorities of the possible existence of smallpox. In the

discharge of a duty imposed upon him by a city ordinance he has been

subjected to the expense and annoyance of a legal case, and has been

mulcted by a jury to the extent of $500.”

“Another suit of a blackmailing character has been brought against Dr.

E. Williams and partners of Cincinnati, O. According to the Cincinnati

_Medical News_, the charge was that they had permitted a small scale of

iron, that had entered the eye of a boy, to remain, by which he

eventually became blind—the sound eye becoming affected through sympathy

with the injured one and losing the power of vision. It was proven on

trial that the boy had visited the office of Dr. Williams but twice, and

then had ceased calling because he was informed that, to preserve the

sound eye and be saved from blindness, he must consent to have the eye

that had been destroyed removed from its socket, to which his parents

would not consent. For several months after declining the services of

Dr. Williams and associates, he spent his time in going the rounds of

the specialists of diseases of the eye, putting his case in charge, at

different times, of both regular and homœopathic physicians. Every

ophthalmologist by whom he was treated informed him that the only way by

which he could avoid becoming blind was to have the injured eye removed.

Finally, after losing sight in both eyes, he brought suit. The medical

testimony, we are told, was uniformly in favor of Dr. Williams, but the

jury disagreed.”

“The Boston correspondent of _The Northwestern Lancet_ writes: 'Dr. A.,

a reputable practitioner living in a New England city, attended Mr. B.

for a fractured thigh. The case did well, and the patient recovered

without deformity. No measurements were recorded by the attending

surgeon, but he was able to swear that the result was to him perfectly

satisfactory. A year or two later the patient entered suit against Dr.

A. for malpractice, and exhibited a leg considerably shortened and

deformed. A jury at once found a verdict for the plaintiff, and awarded

damages in some six or seven thousand dollars, a sum which seriously

crippled the physician. He devoted his energies thereafter to

discovering what he believed to be a fraud, and finally obtained

evidence that B. had, subsequently to his recovery under A.'s

attendance, again fractured the same thigh while in the Adirondack

wilderness, and had, on that occasion, had no surgical attendance

whatever. The physician was able to recover his money, but was at the

expense of his detectives' and lawyers' fees, to say nothing of years of

anxiety and of damage to his professional reputation.'”

The case of Drs. Reed and Ford of Norwalk, Ohio, will be remembered by

many Cleveland physicians. Miss Pierce, a comely young lady, sustained a

Colles fracture, and was attended by Drs. Reed and Ford. Suit was

brought twice in county court and dismissed because plaintiff did not

desire to try the case. A few days before the case was outlawed, suit

was brought in the United States Court at Cleveland. Many physicians

were called on both sides, and the testimony of all the physicians, with

probably one exception, was that the treatment was good and the result

better than is usual with such fractures. Flexion extension, pronation

and supination were perfect. She had, however, the power, when the arm

was midway between pronation and supination, of bending the wrist toward

the radius, and by making the head of the ulna prominent she was able to

make an apparent deformity. Her case, then, was her ability to make an

apparent deformity by twisting her wrist. (She could do the same with

the unfractured wrist.) She was a good-looking woman, and therefore

entitled to sympathy. She followed up the case persistently for six

years, therefore there must be some merit in the case. The doctors all

testified against her, so there was a combination of the doctors which

must not be countenanced. Upon this strong case twelve intelligent

jurors awarded thirteen hundred dollars damages. The judge subsequently

reduced this to five hundred. Is it any wonder, when such things can be

done in the State of Ohio, in the name of justice, that physicians like

old Dr. Kirtland refused to attend cases of fracture under any

circumstances? or that it is not unusual to hear surgeons of recognized

ability say they dare not possess property for fear of suits for

damages?

Frequently physicians are accused of malpractice, and rather than

undergo the expense and inconvenience of a suit they will submit to an

extortion of money; or if a suit is lost in court through prejudice,

unjust decisions, inability to secure good council or other unavoidable

cause, rather than undertake to carry the case to a higher court, the

physician will pay the damages, and thus establish a precedent which

renders every physician under similar circumstances liable to a suit for

damages. It is always observed whenever a large amount of damages is

collected from a physician, numerous other suits on all sorts of cases

are commenced. Such a condition of affairs ought not to exist.

Physicians can not expect legislators to look after their interests

until their grievances are made known. The testimony of physicians as

individuals will not carry enough weight to accomplish anything. Moves

have been made in this direction through the County and State societies

and failed first, because the members of the societies are divided among

themselves, second, because they represent only a fractional portion of

the profession. Out of the thousands of physicians practicing in Ohio

there are only about seven hundred members of the State society.

We believe the object of county, state and national medical societies

are intended for purely scientific work, and the less of medical

politics brought into them the better. But when there is some definite

end to be accomplished, some gross wrong to be righted, some persecuted

physician defended, there ought to be some organization including

physicians of all schools, independent of the medical societies as now

organized. When a physician is sued for damages, if his case is worthy

of being defended, the entire profession ought to lend him their moral

as well as financial support, and this could be rendered in no way

better than by means of some organization similar to the Medical Defense

Association of England.

The Cleveland Medical Gazette, Vol. 1, No. 3, January 1886 · 第 22 / 42 题