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Article
May 10, 1941

LEGAL RESPONSIBILITY FOR MEDICAL MALPRACTICE: II. MALPRACTICE: SOMETHING OF THE ANATOMY OF THE LAW

Author Affiliations

Member of the Bar of the United States Supreme Court BOSTON

JAMA. 1941;116(19):2149-2159. doi:10.1001/jama.1941.62820190005008
Abstract

When a physician seeks to make contact with legal thought, he may feel as forlorn and lost as a curious traveler among users of an unknown tongue. This is not so much because the law is filled with words of art or because lawyers desire to keep the subject out of reach of the layman. Courts now regard it as a vain display to use Latin maxims, and much of the old technicality has been swept away. The real difficulty arises because the layman is unfamiliar with a limited number of combinations of vowels and consonants which lawyers take for granted.

He who acts as interpreter should proffer enough comment to make the landmarks vivid and the journey pleasant, while sparing his charge the ennui of the encyclopedic. It is in the role of such a guide that I have essayed this abbreviated account of the modern law and the

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