A Medico-Legal Treatise On Malpractice And Medical Evidence : Comprising the Elements of Medical Jurisprudence

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892-3-4, 899, 900 ; Broom'.-^ Leg. Max. 168-9 ; 5 Maul. & Sel. 198 ; 41 Eng. Cora. Law R. 425 ; 24 Id. 272 ; 23 Id. 523 ; 28 Id. 222 ; 12 Mod. 639 ; 19 Wend. 345-6 ; 4 Denio, 317 ; 2 Wend. 385 ; 3 Mete. 469 ; 2 M<'es & Welsh. 519, 525. 5 Eng. Com. Law R. 41-2 ; 3 Met. 469. 12 178 MALPRACTICE. done willfully, he would have been chargeable with the conse- quences, including the mistake of Dr. Foord, etc., on the legal presumption that he intended them.^ The sphere is the same, so far as responsibility is concerned, when the wrong consists of negligent acts, though the measure of indemnity and punishment may be different.^ There is no pretense for saying that the injury was caused by the illegal act of a third person, and not by that of the defendant; the jury having directly found that the intermediate actors were not negligent. This rule never apphes when the intervening wrong does not furnish a distinct right of action for the whole injury susfciined. Mrs. Thomas could not get redress by an action ex-contradu against Dr.

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