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Articles 1 - 14 of 14
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Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler
Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler
Cleveland State Law Review
A few years ago medical malpractice suits were something of a rarity in the United States. They now appear to be a major national problem. The magnitude of this ever increasing problem can be illustrated by the fact that a Senate subcommittee, chaired by Sen. Abraham Ribicoff, has investigated the increase in malpractice litigation and that President Nixon has ordered the establishment of a Commission on Medical Malpractice, under the Department of Health, Education and Welfare, to research the problem and report a possible solution by March 1, 1972.
Damages For Wrongful Birth, Joyce E. Barrett
Damages For Wrongful Birth, Joyce E. Barrett
Cleveland State Law Review
While recovery of damages for wrongful death was sanctioned in England as early as 1846 and is now available by statute in every state, the law has been loathe to afford a remedy for wrongful birth. Plaintiffs who have attempted to cope with the problem of people- pollution by various birth control methods, only to have their ecolog- ical efforts stymied by the negligence of a physician performing a sterilization operation or a pharmacist dispensing birth control pills, have been denied a remedy for what, in this writer's view, is the "wrongful birth" of the resulting child. This paper will …
Aged Or Disabled Physicians, Peter P. Zawaly Jr.
Aged Or Disabled Physicians, Peter P. Zawaly Jr.
Cleveland State Law Review
This article will not concern itself, per se, with the recently much written about subject of medical professional liability. "The concept of professional liability should never be equated with the concept of incompetence", for the former is a malperformance at a given time, whereas the latter is the lack of ability to perform at all. Those illnesses, whereby a physician is rendered incompetent, that will be treated in the following text with particular attention, are senility, drug addiction, and alcoholism. Once establishing the scope of the problem, a brief examination of the disciplinary measures available within the profession and their …
Contributory Negligence In Medical Malpractice, Diane Shelby
Contributory Negligence In Medical Malpractice, Diane Shelby
Cleveland State Law Review
The best and most complete defense to a charge of malpractice is the allegation and proof of the absence of negligence. It is also the most often used defense. Of the less popular defenses, contributory negligence on the part of the patient is probably the least attractive and the most difficult to maintain, even though it has been held to be a complete bar to recovery in several cases difficult to categorize.
Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne
Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne
Cleveland State Law Review
New methods must be devised to increase the efficient use of the available supply of physicians. "Among the innovations being tried with physicians is the development of new disciplines involving assistants to physicians." Increasing utilization of returning medics from the armed forces is being undertaken to help relieve the civilian manpower shortage. The legal implications of these developments range from problems of licensure to considerations of vicarious liability for an assistant's negligence (malpractice) or for the negligence of the assistant's supervising physician. It is with a species of this latter problem that this paper will be concerned. But one ought …
Visitors' Refusal To Leave Premises, Joseph Gibson
Visitors' Refusal To Leave Premises, Joseph Gibson
Cleveland State Law Review
Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a …
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Cleveland State Law Review
In almost all jurisdictions the statute of limitations for the malpractice of an attorney is between one and three years. Although some argue that this is too short a period, the main problem is not in the statute but in its application. Difficulty arises when a court must decide at what point the statute of limitations begins to run. To appreciate a court's problem, the nature and reasons behind statutes of limitations must be understood
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Cleveland State Law Review
When an attorney, for whatever reason-sloth, over zealous conduct, or personal greed-represents a client without being completely loyal to the client's interests there are several things that may occur. The attorney may be subject to disciplinary or disbarment proceedings. He may be disqualified from further representing his client. If the attorney's actions have resulted in damage to his client the attorney may find himself the defendant in a malpractice action. If the cause of the damage is alleged to be the result of an attorney representing dual interests or improperly representing adverse interests then the cause of action will be …
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Cleveland State Law Review
The decision thus promulgates three principal rulings: (1) that sovereign immunity does not provide a bar to bringing an action against the State of Ohio, (2) that the state is liable by virtue of the doctrine of respondeat superior for the authorized activities of its officers, employees and other agents, and (3) that freedom of individual agents from civil liability arising out of authorized activities for the state is retained. The effects of these rulings are far from obvious, in large part because of the confused prior state of the law upon which they are engrafted. Furthermore, the grounds given …
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Cleveland State Law Review
Until recently, when we spoke of malpractice we invariably meant medical malpractice. Less than 20 years ago only a handful of lawyers carried professional liability (malpractice) insurance. This is no longer true. Attorneys who practice in large metropolitan areas are now keenly aware of the importance and necessity of having this insurance coverage; and in no segment of the legal profession is this more urgent than amongst trial lawyers-for much like surgeons in the medical field, trial lawyers are the most vulnerable in attorney-malpractice lawsuits.
Lawyers' Professional Liability Insurance, Donald J. Ladanyi
Lawyers' Professional Liability Insurance, Donald J. Ladanyi
Cleveland State Law Review
Due to the nature of his profession, the practicing lawyer is invariably confronted with significant financial risks. Because of the growing number of claims for professional negligence, coupled with the fact that the monetary risk of claims is largely unmeasurable, a constantly increasing proportion of lawyers is considering the feasibility of professional liability insurance protection. This type of insurance offers not only financial security, but also a means for the advantageous and efficient settlement of just claims without damaging notoriety.
Uninsured Motorist Coverage, Company Insolvency, And The Ohio Insurance Guaranty Association Act, Mario C. Ciano
Uninsured Motorist Coverage, Company Insolvency, And The Ohio Insurance Guaranty Association Act, Mario C. Ciano
Cleveland State Law Review
It is not often that a legislative event and a happenstance of life converge almost simultaneously upon a specific and narrow issue of law. This is precisely what occurred in Ohio in the latter part of 1970. In that year, the legislature amended the Ohio Uninsured Motorist Statute to declare, in effect, that a vehicle would be considered "uninsured" when the company insuring that vehicle for some reason became financially insolvent. The amendment became effective October 1, 1970. That same year the legislature enacted legislation to provide a fund from which claims could be paid in the eventuality that an …
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Cleveland State Law Review
It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Cleveland State Law Review
The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the …