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June 1, 1907


JAMA. 1907;XLVIII(22):1869. doi:10.1001/jama.1907.02520480047010

The successful physician seems to be looked on as the legitimate prey of those blackmailers whose extortion takes the form of malpractice and damage suits. Too often the court seems disposed to place the burden of proof on the physician, requiring him, the defendant, to prove his innocence rather than have the plaintiff prove the physician's guilt. It is a matter for satisfaction, therefore, to find a jurist who gives the medical profession its rightful due. In the case of a malpractice suit reported1 from Ohio, Judge Blair, after listening to the evidence of several local physicians, took the case from the jury and instructed a verdict for the defendant. The attorney for the plaintiff, in protesting against this action, said that it is impossible to make a case against a physician because the members of the medical profession are under obligations to endorse each other's statements. He intimated

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