Silverlock's medical and surgical emergency reference book.

Date:
[1885?]
Catalogue details

Licence: Public Domain Mark

Credit: Silverlock's medical and surgical emergency reference book. Source: Wellcome Collection.

    17/134 (page 15)
    Never examine a female patient simply on the request of the master or mistress, nor under the order of a magistrate or coroner without obtaining the consent of the patient. The consent should be given in the presence of a third party who should also be present at the examination, and in all important cases the presence of a second medical man is desirable. Without the consent so given the medical attendant is liable to an action being commenced against him even though he acted under any of the above-named orders. The same remarks apply to male cases where ex- amination of the person is necessary. In all cases, male or female, the patients should be warned that the result of the examination may be used as evidence against them. In signing certificates for the restraint of the insane too much care cannot be exercised in attending to the marginal directions on the form, as certificates, though passed by the Commissioners, may afterwards in consequence of some trivial omission prove illegal when challenged in a court of law. General expressions, as incoherence, restlessness, ob- stinacy, refusal to take food, and delusions are not good facts alone on which to sign a certificate. Delusions should be proved to exist and their nature consequently sub- stantiated. Though the Act of 1889 protects a medical man if he signs a certificate in good faith and with reasonable care, and enacts that he shall not be liable to any criminal or civil proceedings in consequence of such an act, yet Sec. 12 Sub-Sec. 2 states that if any proceedings are taken Such proceedings may, upon application to the High Court of Justice or a Judge thereof, be stayed upon such terms as to costs, &c. as the Court or Judge may think fit, if the Court or Judge is satisfied that there is no reasonable grounds for alleging want of good faith or reasonable care. Hence it is to be borne in mind that the medical man signing a certificate for restraint may even now be put to expense and anxiety, though any proceedings against him may finally be stayed upon application to the Court or Judge according to its or Ms judgment.