Decisions of the English, Scottish and Irish courts under the Medical Acts 1858 to 1886 and the Dentists Act 1878 : collected for the General Medical Council and arranged with introduction and notes / by Charles J. S. Harper.

Harper, Charles John Stewart.

Date:: 1912

Credit: Decisions of the English, Scottish and Irish courts under the Medical Acts 1858 to 1886 and the Dentists Act 1878 : collected for the General Medical Council and arranged with introduction and notes / by Charles J. S. Harper. Source: Wellcome Collection.

Provider: This material has been provided by The University of Leeds Library. The original may be consulted at The University of Leeds Library.

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$no inferonce should be drawn that there was any contract to pay. I think that is tlie true constru(;tio)i to he drawn from that case. Now taking that as the rule, and as the law at the time wheJi this Act of Parliament was passed, what takes place ? The 32nd section of the statute (and I read that first, as Mr. Lush contended it ought to be read first) contains a positive enactment that no person shall be entitled to recover any charge in a court of law for any medical or surgical advice, or for medicine, unless he shall prove upon the trial that he is registered under this Act. So that the Legislature has put an absolute prohibition against recovering a charge in a court of law, except upon proof of registration. There was a similar clause in the Apothecaries Act, making it incumbent upon apothecaries to give similar proof of their being admitted as apothecaries before they could recover. And I ]-emember a question arising in this Court, whether or not it was necessary to plead that, or whether the evidence must necessarily be given by the plaintiff in the action. I believe it was held, it was necessary to prove it, notwithstanding the only pleas were non assumpsit or never indebted. Then section 31 contains this further prohibition, by providing that the College of Physicians, if they think fit, may pass a bye-law that none of their fellows or members shall be entitled to sue in any court of law, and that such bye-law may be pleaded in bar. But then comes the enabling part of the 31st section, which refers to all persons, except persons so prohibited by the bye-laws. I apprehend that the fair and clear meaning of that is this : hitherto there were parties (physi- cians) who could not recover ; but now they may, provided they are registered. And all that is necessary for them to do is to satisfy the \mY that they attended a patient upon the understanding by both that the charges for professional aid and advice should be paid and if the attendance is given upon that miderstandmg on both sides, in my iudgment the plaintiff is entitled to sue and recover reasonable charges for professional aid by the express words of the Act of Parhament. It seems to me that that is in substance what the jury have found ; that upon the under- standing of both parties, the one was to receive, and the other to make payment for, the services rendered. If so, I am of opmion that the plaintiff is entitled to recover , . . . •., . Bramwell, B.-I am of opinion that the plaintiff is entitled to recover in this case. It may be convenient to state what the contention was at the trial. At the trial, the plamtiff said, and ^counsel said on his behalf, I^ttended the deceased — a physician. That being so, although before the 21 & 22 Vict. c 90 I coiild not have recovered any fees, that statute has now made my fees an ordinary debt, and I am entitled to recover$