NOTES; Burge, Ross, Theobald, on Suretyship; Fell, on Guaranty ; Pitman, on Principal and Surety ; Browne, Statute of Frauds ; Addi son, Chitty, Newland, Parsons, Shaw, Smith, Story, Verplanck, on Contracts ; Burge, Story, Conflict of Laws; Adams, Story, Eq. Jur.; Dixon, Subrogation ; Bouvier, Institutes ; Blackstone, Kent, Commentaries.
r SURGEON. One who applies the prin. ciples of the healing art to external diseases or injuries, or to internal injuries or mal formations, requiring manual or instrumental intervention. One who practises surgery.
This definition is imperfect, it being impossible to define the term ourgeon or surgery. The term eurgery, or chirurgery, comes from two Greek words signifying the hand and work, meaning a manual procedure by means of instrumento, or otherwiew, in the healing of injuries and the cure of disease. The practice of medicine, in contradietinctiou to the practice of eurgery, denotes the treatment of die:ease by the adnuntstration of drugs or other oanative substances. There cannot be a complete eeparation between the practioe of medicine and surgery as they are developed by modern science and understood by the moot learned in the pro fession of medioine: the principles of both are tho same throughout, and no one is qualified to practise either who does not oompletely understand the fundamental prinoiples of both.
2. The general principles of law defining the civil responsibilities of physicians and sur geons are the same as those that apply to and govern the conduct of lawyers, engineers, machinists, ship-builders, brokers, and other classes of men whose employment requires them to transact business demanding special skill and knowledge. Elwell, Malp. 19 ; 27
N. H. 468. The surgeon does not warrant or insure as to the result, ordinarily. 7 Carr. ' & P. 81 ; Elwell, Malp. 20. The surgeon or physician may bind himself by an express contract to cure. Elwell, Malp. 21 ; Chitty, Contr. 629, 630; 27 N. H. 468 ; Jones, Bailm. 22, 23, 62, 97, 120 ; 2 Ld. Raym. 909; 1 Bell, Comm. 459, 5th ed.; 3 Blackstone, Comm. 122.
3. Lord-chief-justice Tindall says, Every person who enters into a learned profession undertakes to bring to the exercise of it a reasonable, fair, and competent degree of skill. 8 Carr. & P. 475. This degree of skill is what is usually termed ordinary and reason able. Story, Bailm. 433; Elwell, Malp. 22, .23. In addition to the application of ordi nary skill in the treatment of disease and injuries, the physician and surgeon undertake to give to their cases ordinary care and dili gence and the exercise of their best judg ment. Elwell, Malp. 26; 5 Barnew. & Ald. R20 ; 15 East, 62; 15 Greenl. Me. 97. See Pnirsicax.