A text-book of medical jurisprudence and toxicology / by John Glaister.

  • John Glaister
Date:
1910
Catalogue details

Licence: In copyright

Credit: A text-book of medical jurisprudence and toxicology / by John Glaister. Source: Wellcome Collection.

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

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    somebody was practising upon ker with poison. Now he thought it consistent with his professional duty, and, I must also add, in his duty as a citizen of this country, to keep that opinion to himself. In that I cannot say that he did right. I should be sorry to lead you [the jury] to think so. I care not for professional etiquette or profes- sional rule. There is a rule of life and a consideration that is far higher than these—and that is the duty of every citizen of this country —that every right-minded man owes to his neighbour, to prevent the destruction of human life in this world, and in that duty I cannot say but Dr Paterson failed. These two opinions expressed by the high- est criminal judges demand the serious consideration of the medical profession, although it is difficult, if not, indeed, impossible, to recon- cile the two views.^ Another of the important causes cSUhres of recent years involving the subject of professional secrecy and privilege was that of Mrs M. and her father, J. J., against the late Sir Patrick Heron Watson in 1904, for damages for alleged slander. The question at issue was this : Does the privilege which protects a witness from an action of slander in respect of his pertinent evidence in the witness-box also protect him against the consequences of statements made to a solicitor and counsel in preparing the proof for trial ? The issues proposed in the Record were as follows :— 1. Whether on or about 22nd October 1901, the pursuer employed the defender as her private and confidential medical adviser to advise her as to her state of health and in the matter of an action of judicial separa- tion proposed to be instituted by the pursuer against her husband, and, in pursuance of that confidential employment, communicated to the defender the evidence proposed to be led on her behalf, and submitted herself on or about 24th October 1901, to an examination by the defender at her father's house ; and whether the pursuer, having raised an action of separation and aliment against her husband, which was defended by him, the defender, in breach of his confidential employ- ment, on or about the 22nd, 23rd, or 24th October, 1903, voluntarily disclosed to her husband and her husband's legal adviser, and to the counsel engaged therein on her husband's behalf, or to one or more of them, matters relative to the pursuer and her state of health ascer- tained in the coiu'se of said confidential employment, and the nature and result of the examination of the pursuer made as aforesaid, to the loss, injury, and damage of the pursuer. 2. Whether, on or about 24th October 1903, in the course of the trial of the action, the defender, in breach of said confidential employment, voluntarily gave evidence on behalf of her husband, and publicly dis- closed the matters mentioned in the preceding issue, to the loss, injury, and damage of the pursuer. 3. Whether, on or about the said dates in October 1903, the defender falsely and calumniously stated to her husband, his law agent, and his counsel engaged in said action on behalf of her husband, or to one or more of them, of and concerning the pursuer that the pursuer at the time of the examination of her by defender in October 1901, was bent upon inducing premature labour so as to free her of any permanent reminder of her marriage with her husband. 4. Whether, on or about the 24th October 1903, the defender voluntarily gave evidence as a witness on behalf of her husband in the course of the trial of said action, and falsely and calumniously stated in open Court of and concerning the pursuer that the pursuer at the time of the 1 Author. Trans. Med. Leg. Soc, 1907.