may have undergone a revolutionary change, lowering its mortality by a large percentage. As to the degree of skill which the physician contracts to bring to the service of his pa tients, regard must be had to the advanced state of the profession at the time. It is to be noted that the contract between physician and patient is an implied one. It is one the parties thereto seldom discuss as to its terms. It is rarely expressed. Each takes the other on faith and the law. If expressed the contract might run somewhat as follows: Agreement made and concluded between A. В., physician, and C. D., patient. Whereas C. D. has become ill of some disease un known to him whereby his usefulness to himself and family is impaired, now know all men by these presents that in considera tion of the premises and the further sums hereby contracted to be paid to the said A. B. by the said C. D.. at such times and in such amounts as the said A. B. may demand the same, the said A. B. doth hereby con tract to use all reasonable care, skill, dili gence and learning to diagnose and cure the unknown disease of the said C. D., and give the said C. D. such continued attention as his case may demand; provided, nevertheless, if a cure is not effected payment is to be made the same as though there had been a cure, and provided further that C. D. is to con form to the prescriptions and treatment of the said A. B. as the same shall be directed and ordered. Such it might be said would be the teems of the implied contract, if written out. Should the contract be so expressed as to declare that a cure would follow for the fee reserved, yet it is likely the law would saythat such a contract does not imply any more than the law imposes, that is the exercise of reasonable skill and care, and does not mean an unqualified promise to cure. The doctor may tell you that he will soon have you out of bed. It will be no evidence of an abso lute promise to cure. The term is equivocal at any rate, until you know the way you will go out of your bed.
It is to be further noted that the implied contract as expressed above and construed by the law is a mutual one. It will not do for the patient to be abed, and because the medicine tastes bitter, throw it out of the window, or feed it to the cat, or take half doses, or because he wants to hurry the cure swallow quadruple doses. If he does the physician is not responsible for the result. To make the physician entirely responsible for his methods of healing, the patient must submit to the ways and means, must con form to the necessary prescription and treat ment of his physician. It has even been de clared that if under pressure of pain the patient cannot obey the commands, the physician is not responsible. The contract impliedly is further that the relatives and nurse of the patient will regard the directions of the physician. The law will not permit the patient and his relatives to try along with the Doctor's treatment all the remedies pre scribed by all the old men and women in the neighborhood, and when the cure fails to materialize to say that it was the fault or want of skill of the physician. A physician is not bound, though re quested so to do, to call in others of the pro fession with him. He may believe he is right, he may want to be free to act accord ing to his own individual ideas, he may not want to have his work criticised by a rival. Accordingly it has been held that his refusal of assistance does not increase his liability to his patient. He has not contracted to call in the profession generally or particularly to sit in judgment upon him. If he is not negli gent in any way, if he has used all reason able skill and attention, he has done all that can be asked of him and is not responsible for what might have been the greater result to the patient if others had been called into con sultation with him. His refusal to consult with others will only be construed to be an implied declaration of his ability to treat the case properly. A refusal of a physician to consult with others may result in the shattering of faith that had been placed in him, which in turn
