Volz, Marlin M.

English

Washington University St. Louis: Open Scholarship

Washington University Law Review Volume 1955 Issue 4 January 1955 Review of “The Dentist and the Law,” By Charles Wendell Carnahan Marlin M. Volz University of Kansas City School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview  Part of the Health Law and Policy Commons Recommended Citation Marlin M. Volz, Review of “The Dentist and the Law,” By Charles Wendell Carnahan, 1955 WASH. U. L. Q. 431 (1955). Available at: https://openscholarship.wustl.edu/law_lawreview/vol1955/iss4/10 This Book Review is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact digital@wumail.wustl.edu. BOOK REVIEWSTHE DENTIST AND THE LAw. By Charles Wendell Carnahan. St. Louis: TheCA.. Mosby Company, 1955. Pp. 263. $5.25.As its name suggests, this book is intended to inform the dentist of his legalrights and responsibilities. It is written for him in a style and language which hecan readily understand. Abundant illustrations are set out, as are many helpfulquotations from leading judicial decisions. Excellent historical materials are in-cluded and the underlying reasoning of legal principles is often given. Frequentlycourses of action in the best interest of the dentist from a legal standpoint aresuggested. For the above reasons and because of its complete coverage of the lawapplicable to him, the book should prove invaluable to the dentist as a reliableguide in shaping his conduct within the framework of the law.But the usefulness of this treatise is not limited to the dental profession. Sinceit discusses in a lucid and authoritative manner the applicable principles of law,outlines prudent and customary dental practices in numerous situations, and citesthe leading cases, the attorney with a dental-law problem should find this bookmost helpful as a reference work. Members of other health professions shouldlikewise find its contents beneficial because of the similiarity of the problems andlaw involved. Finally, the book is ideally suited as a student text for a one-creditlecture course or a two-credit discussion course in dental jurisprudence. The bookhas been adopted for student use in such a course at the University of KansasCity School of Dentistry.The chapter headings indicate the scope of the coverage: introduction (in-cluding nature of law, the court systems, principles of ethics of the AmericanDental Association, and state supervision and control of the dental profession);respective duties of dentist and patient; compensation for dental services ingeneral; compensation for dental services as to particular persons (especiallywives and children); malpractice; malpractice-special rules of evidence (res ipsaloquitur and admissions against interest); malpractice defenses; liability of thedentist for the acts of others; injury to those other than patients; and the dentistas a witness.Writing a scholarly but easily understood treatise on the numerous and com-plex legal problems and rules involved in these chapters must have been mostdifficult. The real measure of the author's ability becomes apparent when it isrealized that in the confines of 263 pages are treated in an intelligible mannersuch involved matters as principal and agent; express, implied, oral, written,third-party, and quasi contracts; a wife's or child's right to contract; a hus-band's or father's liability for dental care; and malpractice, which presents knottyquestions of negligence, causation, contributory negligence, damages, and evidence.In dealing with these difficult and hard-to-explain concepts and their applicationto dentistry, the author consistently follows the effective technique of outlining theproblem, of stating the applicable rule or rules of law, and of concluding withone or more illustrations based upon decided cases, often with extensive quotations.Although this is a book primarily for laymen, difficult areas of the law are notomitted, nor is the quality of scholarship sacrificed; indeed, refinements of legalprinciples are often stated. The body of law relating to the dentist is coveredwith remarkable completeness considering the size of the book. Important prin-ciples are repeated and restated whenever appropriate. At first blush this mayWashington University Open Scholarship432 WASHINGTON UNIVERSITY LAW QUARTERLYappear to be loose organization but in view of the enormity of the author's taskthese repetitions are justified, if not essential to an effective presentation of thesubject matter.MARLN M. VOLZtt Dean and Professor of Law, University of Kansas City School of Law.https://openscholarship.wustl.edu/law_lawreview/vol1955/iss4/10

Review of “The Dentist and the Law,” By Charles Wendell Carnahan

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Review of “The Dentist and the Law,” By Charles Wendell Carnahan

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Washington University St. Louis: Open Scholarship