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STATE BOARD MEDICAL EDUCATION AND LICENSURE v. FERRY (01/20/53)

January 20, 1953

STATE BOARD OF MEDICAL EDUCATION AND LICENSURE
v.
FERRY



COUNSEL

Ralph B. Umsted and Ralph S. Croskey of Croskey & Edwards, Philadelphia, for appellant.

Elmer T. Bolla, Deputy Atty. Gen., and Robert E. Woodside, Atty. Gen., for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.

Author: Dithrich

[ 172 Pa. Super. Page 374]

DITHRICH, Judge.

This is an appeal from the order of the Court of Common Pleas of Dauphin County which sustained the action of the State Board of Medical Education and Licensure revoking the license to practice medicine and surgery issued to appellant, Cornelius Thomas Ferry, September 6, 1905. It was charged that appellant, by aiding and abetting unlicensed persons in the practice of medicine, violated § 12 of the Medical Practice Act of June 3, 1911, P.L. 639, as amended by the Act of July 19, 1935, P.L. 1329, 63 P.S. § 410, which provides in part: 'The Board of Medical Education and Licensure may * * * revoke * * * the right to practice medicine and surgery in this State for any or all of the following reasons, to wit: * * * the board may so act upon satisfactory proof of grossly unethical practice, or of any form of pretense which might induce citizens to become a prey to professional exploitation.'

Charles Duff, a person having no license to practice medicine, was employed by appellant at a salary of $75 a week. Relative to the nature of his employment, the testimony -- uncontradicted by appellant who introduced no evidence in his behalf -- discloses the following.

At appellant's direction and, at times, in his presence, new patients calling at his office were taken into a room occupied by Duff. Following a patient's visit, Duff gave a slip of paper to Carrie Meehan, receptionist, file clerk and bookkeeper in appellant's office, on which were his handwritten notations of names of diseases or ailments and an indication as to whether the patient had made any payment. If a payment had been made, Duff gave the money directly to appellant when he was present; otherwise, he gave it to Mrs. Meehan, who in due course turned it over to appellant. Mrs. Meehan testified that on occasion as many as

[ 172 Pa. Super. Page 375]

    seventy patients would call at appellant's office and that Duff would 'handle' most of them. She further testified that she observed Duff, who had access to the drug room, handing medicines to each patient he saw.

Among those patients taken to Duff's room were Edward Boyajian and William J. Brazukas. Boyajian's testimony was that in November, 1949, a stomach ailment caused him to visit appellant's office. There he saw Duff, who he thought was a doctor. Duff took his blood pressure, X-rayed his stomach and, though he made no statement to the patient regarding the ailment, proposed to treat him for $150. Sixteen treatments, consisting of injections, were administered by Duff twice weekly until January, 1950. In addition, Duff furnished Boyajian with a bottle of liquid medicine each week. The results were unsatisfactory; however, Duff continued the treatment until March, 1950, at which time Boyajian, who had made a total payment to Duff of $291, was discharged. During the period of treatment the patient was examined once by appellant.

Brazukas, who was deaf and dumb, testified, through an interpreter, that in August, 1948, complaining of 'stomach sickness,' he was examined by Duff, who took his blood pressure, X-rayed and fluoroscoped his stomach and chest. Duff told him that he was suffering from 'gall bladder trouble.' The patient saw appellant in the office on that occasion but had no conversation with him. He was treated twice a week for about a year by Duff, who also furnished him with pills and ointment. Duff charged him $5 ...


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