Medical law for medical men : their legal relations shortly and popularly explained with chapters concerning dentists, chemists, and midwives / by Percy Clarke and Charles Meymott Tidy.

  • Clarke, Percy
Date:
1890
Catalogue details

Licence: Public Domain Mark

Credit: Medical law for medical men : their legal relations shortly and popularly explained with chapters concerning dentists, chemists, and midwives / by Percy Clarke and Charles Meymott Tidy. Source: Wellcome Collection.

    91/170 (page 87)
    the other hand, a registered assistant to an unregis- tered medical man may recover his salary. ^ Failure to perform his duties satisfactorily, or according to directions, is ground for reduction or non-payment of salary, according as the benefit accruing to the prin- cipal is reduced or entirely absent. The determination of employment arises: (i) By agreement of the parties either prearranged or otherwise. {2) By the death or lunacy of either party. (3) By the bankruptcy of the principal. (4) By dismissal^ by the principal for good grounds.^ (5) By judgment of a court of ]aw, which is rarely invoked. The determination of employment under head (i) can only take place at the expiration of the term originally agreed upon, except with the other party's consent. If no time has been specified, the hiring is deemed to have been for one year, and so on from ^ See p. 70 (note) as to dishonest collusion between assistant and unregistered principal. An apprentice may not be dismissed except under special powers in the deed or agreement. The principal's remedy is by action in damages for breach of contract. ^ Good grounds are : I, gross misconduct of the assistant; 2, gross disobedience of his principal's lawful orders ; 3, gross negligence ; 4, continued disregard of the terms of his employ- ment ; 5, physical or mental incapacity, not of a temporary nature ; 6, the holding himself out as a partner by the assistant without principal's consent ; 7, practising professionally upon his own account without the like consent. The orders under second head must be lawful; if unlawful, forbidden or not permitted by law, the assistant may refuse without fear of consequences. If he performed them he would have no right of indemnity against his employer, unless he thought the act was in itself lawful. See further as to this, p. 91 (note).