unt of compensation to which the Doctor is justly entitled,
Ewell's "Medical Jurisprudence" remarks: "By the law of this country,
all branches of the profession may recover at law a reasonable
compensation for their services, the amount of which, unless settled by
law, is a question for the jury; in settling which the eminence of the
practitioner, the delicacy and difficulty of the operation or of the
case, as well as the time and care expended, are to be considered. There
is no limitation by the common law as to the amount of such fees,
provided the charges are reasonable. The existence of an epidemic does
not, however, authorize the charge of an exorbitant fee.
"A medical man can also recover for the services rendered by his
assistants or students, even though the assistant is unregistered; it is
not necessary that there should be any agreed specified price, but he
will be allowed what is usual or reasonable.
"It is not the part of the physician's business, ordinarily, to supply
the patient with drugs; if he does so he has a right to compensation
therefor. If the agreement is "No cure, no pay," he cannot, however,
even recover for medicines supplied, if the cure is not effected. His
right to recover for professional services does not depend upon his
effecting a cure, or upon his service being successful, unless there is
a special agreement to that effect; but it does depend upon the skill,
diligence, and attention bestowed" (pp. 3 and 4).
Further details on this point belong more properly to the lecturer on
Medical Law. We are now concerned with the principles underlying special
legislation. The main principle regulating all compensation is that
there shall be a sort of equality between the services rendered and the
fee paid for them. Ignorant people sometimes find fault with the amount
charged as a Doctor's fee. There may, of course, be abuses by excess;
but men have no right to complain that a Doctor will ask as much for a
brief visit as a common laborer can earn in a day. This need not seem
unfair if it be remembered that the physician had to prepare, during
many years of primary, intermediate, and professional studies, before he
could acquire the knowledge necessary to write a brief prescription.
Besides, it may be that his few minutes' visit is the only one that day;
and yet he has a right to live in decent comfort on his profession
together with those who depend on him for support.
We must, however, remem
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