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Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman
Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman
Michigan Law Review
Pursuant to section 43 of the city charter, the City Council of New York appointed a special committee to investigate charges of negligence and maladministration in the treatment of patients at Lincoln Hospital. Subpoenas duces tecum were served upon the commissioner of hospitals and upon the medical superintendent of Lincoln Hospital requiring the production of hospital records, including case records relating to certain named patients. The commissioner refused to produce any of the case cards or records, justifying his position on the ground that the physician-patient privilege was applicable to legislative investigations. The New York Civil Practice Act, section 354, …
Injunctions Power Of Equity To Enjoin Criminal Act - Illegal Practice Of Medicine As A Public Nuisance, Michigan Law Review
Injunctions Power Of Equity To Enjoin Criminal Act - Illegal Practice Of Medicine As A Public Nuisance, Michigan Law Review
Michigan Law Review
The state, on the relation of a district attorney, sued to enjoin the defendant from practicing medicine in violation of a state statute. The statute termed the offense a misdemeanor and provided for imprisonment and a fine. The state alleged that the defendant's activities constituted a public nuisance because he was unskillful and thus endangered the health and lives of the public. Defendant demurred on the grounds that such conduct did not constitute a public nuisance and that the penal provisions of the statute afforded an adequate remedy. Held, injunction granted on the ground that the defendant's practice of …