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1972

Cleveland State University

Health law

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Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler Jan 1972

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.


Contributory Negligence In Medical Malpractice, Diane Shelby Jan 1972

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 Jan 1972

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 …