Excerpt from Civil Malpractice: A Treatise on Surgical Jurisprudence; With Chapters on Skill in Diagnosis and Treatment, Prognosis in Fractures, and on Negligence
The very favorable reception of a Report on Civil Malpractice, made to the Military Tract Medical Society in 1873, encouraged me to continue collecting material for a more extended work on the same subject, should it ever be called for. From the increasing frequency of suits, for alleged negligence and want of skill on the part of physicians, especially in the West, it seems that such a compilation is now needed. Originality is claimed only for the selection and arrangement of the material. The work, I trust, will be a useful one, inasmuch as the Supreme Court decisions, upon this feature of the doctrine of Bailments, scattered as they are through numerous state Reports, are inaccessible to most legal and medical practitioners. These decisions I have collected and grouped according to their medical rather than their legal interconnection. By aid of the index, however, the legal principles may be readily referred to. Some of the decisions I have introduced by an abstract of the evidence presented at the first trial. There will also be found the history and abstract of evidence in numerous other cases, not taken to appellate courts, many of which have not been, heretofore, so published as to be accessible to either the medical or legal professions.
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