Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... Chapter VII. PHYSICIANS' LIABILITY INSURANCE PHYSICIANS' LIABILITY: Policies of this character have become a great necessity to all classes of physicians on account of the prevalence of suits for malpractice. Such actions are often brought to avoid payment for services rendered, sometimes for purposes of blackmail, and occasionally they are fostered through professional jealousy or enmity. The defense policy contemplates only the payment of counsel and witness fees and the management of the litigation, including investigation, advice and negotiations for settlement. The liability policy includes, in addition to such defense, the payment to the assured of the amount of any verdict, which he may be compelled to pay out on account of any alleged malpractice. The hazard insured against is the consequence of a civil suit for "malpractice" on account of bodily injuries, or death resulting from some alleged error on the part of the assured or his assistant. Prompt notice of all claims must be given so that a successful defense or favorable adjustment may be effected. Settlements may be made only with the consent of the assured, thus enabling him to insist upon a vindication if he deems it best. Ascertain whether the claim falls within the terms of the policy, particularly as to the date of the alleged treatment, the sobriety of the assured or his assistant, as well as compliance with the policy conditions. If suit has been instituted, arrangements should be made to prevent default until the investigation can be completed. No physician guarantees the success of his treatment, whether it be medical or surgical, and no presumption of carelessness arises from failure alone. Physicians are legally bound to place at the service of their patients a...