★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
13) Simple personal Injuries.
Exemption Medical practice. Seco 2dly- Another just cause of exemption belonging
to this offence, is where the another of it acts acting in
a medical capacity: to wit in the intent of relieving the
party - on whom the pain is inflicted from a
greater mischief. But for this purpose the
Medical spirits ought free consent of the patient in general to be made to be requisite. if in
his sound mind, and sui juris.
If not in
his sound mind</del> sui juris then the consent of the person
in whose power he is for the time being
There are some cases exceptions however in which it would
be of mischievous consequence to make the consent
of the patient necessary.
These are 1st when he is by absence of the disorder of his intellect faculties
incapable of giving declaring consent.
2dly When he is by the like disorder incapable
of forming a rational judgement concerning
the expedience of the operation.
3.dly When he is through non-age under [labours under a like incapacity]
through non-age. he labours under a similar
incapacity. See The Infant's Law. See also the
Wife's Law.
There are however some exceptions: to discuss these
will be the province of the particular code relative
to Physicians and Surgeons
The propriety of making this exemption is at first
sight obvious. It is manifest that the putting a
patient to a certain degree quantity of pain in this way
may be a means of preventing or relieving him from
a greater: it is manifest also that the whether in
any given instance it is likely to have that effect the
Identifier: | JB/072/120/001 "JB/" can not be assigned to a declared number type with value 72.
|
|||
---|---|---|---|
072 |
penal code |
||
120 |
simple personal injuries / offences respecting the persons of individuals |
||
001 |
exemption / medical practice / exemption - / consent / circumstances of extenuation / grounds of extenuation |
||
text sheet |
4 |
||
recto |
e13 / e14 / e15 / e16 |
||
jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
||
23737 |
|||