A code of medical ethics : with general and special rules for the guidance of the faculty and the public in the complex relations of professional life / by Jukes de Styrap.

  • De Styrap, Jukes, 1815-1899.
Date:
1895
Catalogue details

Licence: Public Domain Mark

Credit: A code of medical ethics : with general and special rules for the guidance of the faculty and the public in the complex relations of professional life / by Jukes de Styrap. Source: Wellcome Collection.

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    pertains only to its individual use—and a contrary prac- chap. in- tice is neither honourable nor honest. With reference to the principle laid down in the above section (3), it may be well to quote the following case and Counsel’s opinion thereon, which appeared in the British Medical Journal of February 28th, 1891, page 492 “ Legal Ownership of Prescriptions.—D. H. writes : A. goes to a physician, pays a guinea, and gets a prescription, which becomes his property. At another time, A. calls in the physician to consult with his family doctor, pays three guineas, and the physician writes a prescription. Is this prescription also the property of A. P Is A. legally entitled to it, or to a copy of it ? In a consultation case, the custom is for the physician to give the prescription to the family doctor ; but, supposing this doctor runs away for a month’s holiday, leaving the patient to a locum tenens, whom the patient refuses to see, can the patient claim the prescription, and have it dispensed by a chemist ? “ We have taken legal advice on this point, which has often been raised. We are advised that there seems to be no doubt that the patient need not be satisfied with verbal direction from the physician whose advice he takes, but may, and in many cases must, get a written prescrip- tion. When he does so, the paper on which it is written legally becomes his property, and he is entitled to its custody and possession if he chooses to demand it. We say nothing as to his wisdom in using a pre- scription which may no longer be suited to his case; but there seems to be no doubt that he, and not the family-doctor, is entitled to have and use the document. The case is similar to that of deeds, which for convenience are often kept by the family lawyer, but which belong to the owner of the property to which they relate.]” The following commentary subsequently appeared therein :— “ This question has recently been the subject of some controversy in the island of Bermuda. It is stated in the Code of Medical Ethics that the respective rights of the parties in a medical prescription may be thus briefly defined : “ ‘That the physician, as the author, has a literary property in the composition of the formula, and the right to dispose of it to a patient without invalidating his title to the original ownership; that the phar- macist by compounding the same acquires no claim whatever thereto, other than as a record, or justification for dispensing it—in fine, his right is simply that of a custodian ; whilst that of the patient pertains only to