Page:The New International Encyclopædia 1st ed. v. 12.djvu/842

* MAUEACTICE. 750 MALTA. geon is not that of the attending physician of a {jicat city hosjiital. His ie>|KJn>ibility before the law is not ti.xij by (he recognition of the tests of any iiarticuhir school, honicpopathie, allopathic, or empirical. What is rcasimablc care must be deterniini'd by the particular case, though the same degree must be rendered to the poor of the charity hospital as to the millionaire's child. This obligation to use proper diligence, care, and skill includes not only diagnosis and the em- ployment of such obtainable remedies and appli- ances as discovery and experience have proved most beneficial, but also to the giving of proper instructions to patients and nurses, and to free- dom from error in writing. On undertaking a case the law implies a con- tract that the physician continue his attendance while treatment is required, unless terminated bj- discharge by the patient or Iiis withdrawal from the case on proper notice. Where action is brought against him for abandoning a case, the liunlen of proof of slunving his discharge rests ■with the physician. When he informs a patient that his disease or injury is cural)le when he knows it to be incurable or is ignorant as to the truth of his representation, and the patient is induced to undergo his treatment thereby, he is liable for an action for deceit. It will also be a defense for a suit on his part to recover his fees. When the patienfs condition at the time of treatment is a contril)uling cause to the results of malpractice, in the recovery of damages he will be held liable only for those actually con- sequent to his acts. Where a practitioner pos- sesses the required qualification and applies his skill and judgment with ordinary diligence he will not be considered responsible for an honest mistake or error of judgment in diagnosis, where there is reasonable doul)t as to the course to be followed. This does not include gross errors or failures to keep within recognized and approved methods. The acts of the patient may be a contributing cause, and when hi:^ negligence has been a proximate factor to the injury, the physician cannot be held liable at law for mal|iraef ice. Thus where the patient fails to comply with reasonable and necessarr directions, even though such compliance is prevented by reason of his condition, or where, through infancy or insanity, he is incompetent to understand the necessity of the treatment and those in charge refuse to enforce the treatment. There is impressed upon the i)atient an obligation to exercise pnidence in proportion to the seriousness of his condition. In Xew York a jtidgment recovered by a physi- cian for fees bars an action for malpractice. Malpractice by n lavryer is evil practice in a professional capacity and the resort to methods and practices unsanctioned and prohibited by law. Consult the authorities referred to under Tort. MALSTATT-BXJRBACH, m-il'stat bonr'b-ic. A town in the Khine Province. Prussia, on tlic Saar. 35 miles northeast of Jletz (Map: Ger- many. B 4). It has extensive iron works and manufactures of Portland cement, machinerv. rail- way carriages, and phosiihate. It has considerable trade in coal, ore. and limestone. Population in 1800. 18.378; in IflOO. 31.200. Malstatt-Burbach •was made a city in 1875. when Malstatt and Burbaeh were consolidated. MALSTBOM, mal-strOm' (from Norw. mal- straiim, from mala, to giind + stnium, stream), or Mael.stuom. A rapid tidal eddy or cur- rent running between Moskii and iloskeniis, two of the Lofoten (q.v.) Islands, lying near the southwestern end of the group (Map: Norway, E 3). It has l>een made famous by the exag- gerated accounts of older writers on Norway. Owing to the great difference in level between high and low tide in the West Fjord, between Lofoten and the mainland, the vast mass of water, which every twelve hours must be moved from the Fjord into the ocean and back again, has to rtin very swiftly through the narrow channels between the islands, causing in .several places dangerous currents. The swiftest of these is the Moskiistrom. which is rendered still more dan- gerous by the eddies {nialslruiiniie) caused by siuldcn dilTerences in the depth of the channel. When the current Hows fastest, between high and low tide, and the wind blows directly against it. the sea for miles around becomes so violently agitated that small vessels cannot live in it. Ordinarily it may be traversed without danger. MALTA, mal'ta. An island in the Mediter- ranean Sea, belonging to England, situated in latitude 35° 53' north and longitude 14° 31' cast, between Tripoli and 8ieih- (Map: Italy, J 12). It is the principal "island of the Maltese groiip. which includes the neigh- boring islands of Gozo. Comino, and a few islets, and has a total area of 117 square miles. Malta itself is about 17 miles in length, with au area of 05 .square miles. The surface is com- paratively low, the highest point not exceeding 845 feet above the sea. The climate is mild and healthful, but the island is exposed during Au- gust and September to the hot and mnisture- laden ftimrro blowing from the Sahara. The .soil is exceedingly fertile, and produces two and some- times three crops annually. The inhabitants are mostly engaged in agriculture and cattle-raising: the main products of the island are cotton, pota- toes, oranges, figs, honey, and corn. The chief manufactures are cotton, filigree, and lucifer matclies. The island contains quarries of marble. alabaster, ami building stone. Malta, in spite of its comparatively small size, is very important, owing to its central position on the Jlediter- ranean highway. Besides forming a strongly fortified military .station, it is exceedingly well suited to its use as a port of call, having at Valetla (q.v.), the capital, one of the best harbors in the world. In 1900. 3814 vessel^, with a tonnage of 3.538,088. entered the port, two-thirds of these being British. There are eight miles of railway on the island. In 1000 there were 145 schools, with 15.CC0 pupils. Be- sides primary schools there are a university. a lyeeum. and two secondary schools. In accor- dance with the Con.stitution adopted in 1888. the island is administered by a Governor appointed by the British Crown and assisted by a council composed of 19 members, 6 otlicial and 13 elect- ed by the people. The revenue for 1000 amount- ed to £356.758. and the expenditure to £305.943. The population in 1900 was 183. G79; there were 10.840 British troops stationed on the island. The people of Malta are mostly of the Mediter- ranean race. They are industrious and eco- nomical and numbers nf them may be found in the principal cities about the Mediterranean. The