Large Fees and How to Get Them: A book for the private use of physicians

by Albert V. Harmon

But time changes all things. It has changed to a degree the code of ethics which formerly obtained in the professions of law, architecture, and civil engineering, and it is slowly, but surely, changing that of medicine. True the wording of the various codes remain the same, but there is a growing tendency to wink at, to overlook evasions.

It has become a matter of convenience to the public to know where to find a competent lawyer, or architect, or civil engineer. Hence the appearance of their business cards in newspapers. On the same grounds publicity by physicians is justifiable. It is more than justifiable. Mankind can, in a pinch, get along without attorneys or architects or engineers. That is to say it is rarely imperative their services should be requisitioned in a hurry. The trial of a law case, the plans for a building, or the construction of a bridge can generally be put off for a few days at least without serious injury or inconvenience to any body.

When a doctor is needed he is generally needed badly. It may not always be an emergency case, but almost invariably when the services of a physician are required, even in chronic ailments, delay only aggravates the patient’s condition.

If a medical man has, by special study, equipped himself to handle a certain class of diseases more intelligently and satisfactorily than the general practitioner it becomes his duty to let the public know about it. If we accept the dictum of the censors of medical propriety as they present it—that the obligation taken by the physician binds him to serve the public to the best of his ability—then surely we can not get away from the proposition that men of unusual ability are in duty bound to make the public acquainted with that ability. The successful physician does not live up to his obligation if he “hides his light under a bushel.”

Medical societies, the watchdogs of ethics, do not accept this doctrine. Not only this; they try to drive out of practice, to brand with infamy, to make an outcast and wanderer of the man who indulges in it. The “it” in this instance refers to publicity fairly bought and honestly paid for over the newspaper counter. But they do not always succeed.

For years Dr. McCoy had been a surgeon at Bellevue hospital, New York, a man of rare skill and of high standing in his profession. He was a member of various medical societies, respected and honored. After a long, weary experience he made up his mind that he was entitled to a better financial reward than it was possible for him to obtain in hospital or private practice. He came to Chicago, obtained a certificate from the State authorities, and began advertising in the daily newspapers as a specialist. His medical brethren were horrified. Remonstrance being of no avail, they promptly ousted Dr. McCoy from membership in the professional societies.

Not content with this they went further and filed complaint with the state authorities with the purpose of having his certificate, or license to practice, revoked. That they would have succeeded in this if Dr. McCoy had not taken the matter into the courts, is a certainty, as the members of the State Board of Health who would pass upon the question were all physicians and prominent in the societies which were seeking to deprive McCoy of his certificate.

A long, hard-fought battle in the courts was won by McCoy. In handing down its verdict the final court said in effect:

“We fail to see wherein this appellant has committed any offense against the laws of the State. If he was competent to practice medicine at the time he received his license he is competent to practice now. Nothing that has been alleged against him has affected in any way his ability, fitness, or competency as a medical practitioner. Neither has he committed any penal offense. True he has advertised, but advertising is not a felony; not even a misdemeanor.

“The fact that the medical societies to which he belonged have revoked his membership has no bearing on the case. These societies have no official powers so far as the State is concerned. They may very properly say who may, or who may not, hold membership with them, but they have no authority to say who may, or who may not practice medicine. Societies of this kind are purely social and professional; they are not endowed with executive, administrative, or legislative power to act for the State.”