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Articles 391 - 420 of 420
Full-Text Articles in Law
Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.
Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.
Cleveland State Law Review
In the September 1959 issue of the Cleveland-Marshall Law Reivew, Mr. Howard Oleck, Assistant Dean and Professor of Law of the School, has written an article discussing the legal relationships of physician, lawyer, and hospital administrator. While he addresses himself primarily to the legal relationships between these three groups, his article also concerns itself to some extent with the professional and administrative relationships involved. The article then goes on to discuss the case of Morwin v. Albany Hospital, and certain conclusions are drawn from the author's interpretation of this case which he applies to the "triangle" of doctor, lawyer, and …
Birth Control Legislation, Jack H. Hudson
Birth Control Legislation, Jack H. Hudson
Cleveland State Law Review
In summary, it would seem that sociologists have given the birth control problem a new dimension. What was once a subject fit only for the Victorian drawing rooms of intellectuals is now being given a public hearing, with all of its political, moral,and economic aspects being aired. It would be interesting to note, however, how many of the people who are being apprised of the problems of expanding birth rates and decreasing death rates are aware of the archaic legislation that governs the use of birth control devices in our own country. For example, do advocates of a policy of …
Standards Of Care In Dentistry, Jerome A. Streem
Standards Of Care In Dentistry, Jerome A. Streem
Cleveland State Law Review
This article will discuss briefly each of the three sources of liability for which a dentist might commonly be subject to a malpractice suit: negligence, assault and battery, and breach of contract.
Standard Of Care Of Medical General Practitioners, Milton Oppenheim
Standard Of Care Of Medical General Practitioners, Milton Oppenheim
Cleveland State Law Review
The law takes into account such matters as differences in various schools or systems of medicine, the state of medical acumen and knowledge, the established mode of practice, the locality, and conditions of practice. To reach a logical standard for physicians, and especially for that segment of the profession designated as "the general practitioner," various requirements are recognized by the law. Some courts insist that the degree of care and skill shall be commensurate with the advanced state of the science at the time of rendition of the service. This concept of the amount or degree of scientific medicine must …
Anesthesiology And The Law - In The Long View, Carl E. Wasmuth
Anesthesiology And The Law - In The Long View, Carl E. Wasmuth
Cleveland State Law Review
Anesthesiology is the youngest of the medical specialties. Born of surgical parents, it was nurtured through its infancy by well-meaning and dedicated physicians. Even now this specialty is one of the most litigated fields of medicine, rivaling radiology, surgery, and plastic surgery. This, however, is at best a dubious distinction. Considering the nature of the specialty, one can easily understand the reason. In the hands of the anesthesiologist rests the life of every patient undergoing a surgical operation.
Doctor, Lawyer, And Hosptial Administrator: A New Triangle, Howard L. Oleck
Doctor, Lawyer, And Hosptial Administrator: A New Triangle, Howard L. Oleck
Cleveland State Law Review
Hospitals are deeply invovled in the great majority of medicolegal case problems. Yet surprisingly little attention has been given to the relation of the hospital to doctor lawyer-patient situations as a factor in itself. Most discussions of hospitals and law deal generally with hospital liability for negligence of hospital agents-as though the hospital were a monolithic entity in itself. Lawyers seldom look further into the relation of the doctor to the hospital administration and vice versa; deeming this to be a matter of small concern to them. Doctors, of course, know well the importance of hospital politics and procedures to …
Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart
Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart
Cleveland State Law Review
Since the passage of three centuries has seen the explanation for excessive drinking progress from a vice to a disease, it is pertinent to have a brief study of the recent findings about alcoholism in order to compare these newer medical concepts with some of the legal principles on drunkenness which have been long and firmly established in the law.
Medical Aspects Of Chemical Tests For Intoxication, Philip Jones
Medical Aspects Of Chemical Tests For Intoxication, Philip Jones
Cleveland State Law Review
Three chemical tests are most frequently used. These are the estimation of the alcohol content of the (1) blood, (2) urine, and (3) breath. Each of these shows a reasonably accurate estimation of the degree of intoxication provided certain precautions are observed. Unfortunately, under some circumstances the results of these tests may be misleading and be invalid in evidence. In order to appreciate these limitations it is necessary to understand the physiology of the absorption and excretion of alcohol in the body.
Physician's Use Of Hospital Facilities: Right Or Privilege, Jewel Hammond Mack
Physician's Use Of Hospital Facilities: Right Or Privilege, Jewel Hammond Mack
Cleveland State Law Review
The issue is clear: Do the hospitals exist primarily as corporations (business entities), of primary concern only as "private preserves" governed solely as their administrators wish?Or do the hospitals exist primarily as facilities for medical aid to the public; as instrumentalities for physicians to use in aiding the public? Put otherwise, the issue is: Do doctors exist for the convenience of hospitals, or hospitals for the convenience of doctors? Should public interests or hospital management interests come first?The answers are obvious. The law as it is now is contrary to the public's interests.
Surgery Of Major Blood Vessels: Standards Of Care, Victor G. Dewolfe
Surgery Of Major Blood Vessels: Standards Of Care, Victor G. Dewolfe
Cleveland State Law Review
This article presents a "technical standards of care." approach to the question of malpractice. The article describes a common disease, its symptoms and proper diagnosis, proper methods of treatment and surgery, and the probable results. The footnotes give briefly the various aspects of liability of the physician for malpractice, which liability may arise due to mistakes, negligence or unexpected occurrences in this type of treatment.
Paternity And Prolonged Pregnancy, Irwin N. Perr
Paternity And Prolonged Pregnancy, Irwin N. Perr
Cleveland State Law Review
The question of paternity and prolonged pregnancy is a subject not only of great professional interest to lawyers and physicians, but is one that all of us find sometimes intriguing, sometimes humorous, and sometimes tragic.
Non-Profit Hospital Service Plans, Leo A. Simpson
Non-Profit Hospital Service Plans, Leo A. Simpson
Cleveland State Law Review
Hospital service plans fulfill a vital social need. In view of the continuing support and apparently expanding activities of the plans, it is well to understand their legal nature. At the present time problems are arising that could not have been foreseen 25 years ago. The favorable treatment which hospital service plans have received under the law should be continued so long as the plans continue realistically to meet these problems as they have in the past.
Diagnosis And Treatment Of The Modern Backache, A. W. Humphries, C. E. Wasmuth
Diagnosis And Treatment Of The Modern Backache, A. W. Humphries, C. E. Wasmuth
Cleveland State Law Review
There are two reasonably clear-cut forms of backache that lend themselves to a reasonably straight-forward form of treatment. These are (1) the ruptured intervertebral disc and (2) the degenerated intervertebral disc. In both instances, once a diagnosis can be reasonably made, treatment is at first conservative, and this form of treatment frequently issuccessful. In the absence of success, an operative procedure is available which offers reasonable hope of correction of the difficulty.
Secondary Effects Of Trauma: (Pain) Sympathetic Dystrophies, Louis W. Lewis
Secondary Effects Of Trauma: (Pain) Sympathetic Dystrophies, Louis W. Lewis
Cleveland State Law Review
Sympathetic Dystrophy or causalgia (pain) is a disability following traumatic injury. It consists of burning pain, glossy sweating, skin changes, and exquisite tenderness caused by tissue damage involving the sympathetic nervous system. Treatment consists of "blocking" the sympathetic nerves to the area by injecting drugs or by surgical repair. As the item of "pain and suffering" always is a major factor in a lawyer's estimate of the proper amount of a damage award, the medical analysis here presented is of wide interest and utility to lawyers as well as to physicians.
The Mallet Finger Injury, Donald R. Pratt
The Mallet Finger Injury, Donald R. Pratt
Cleveland State Law Review
Mallet finger is a permanent deformity caused by injury to the distal phalanx of a finger. Commonly seen in industrial accidents and in baseball players, the extending tendon is pulled off the bone of the terminal phalanx. Treatment consists of simple splinting (illustrated) in mild trauma, or surgical intervention when large bony fragments have been pulled off. If left untreated, some degree of drop finger ultimately develops. This disability varies in degree. Joint stiffness and deformity may result. A method of surgical treat- ment of more severe injuries is described.The chief importance of this injury, to the lawyer, is in …
Premenstrual Tension, Medicine And Law, Irwin N. Perr
Premenstrual Tension, Medicine And Law, Irwin N. Perr
Cleveland State Law Review
The premenstrual tension syndrome is one characterized by emotional and physiologic symptoms occurring in the period preceding menstruation. A medical re-evaluation and description for the attorney may serve to clarify a subject full of misunderstandings, superstitions and false concepts.
Standards Of Care In Anesthesiology, Carl E. Wasmuth
Standards Of Care In Anesthesiology, Carl E. Wasmuth
Cleveland State Law Review
Diplomates of the American Board of Anesthesiology must meet the rigid requirements of this specialty. Anesthesiologists in all sections of the country must meet the same requirements. Hence, the anesthesiologist in a small town is as well qualified as the anesthesiologist practicing in a large city. With this basic premise in mind, it is not difficult, therefore, to set down the medical standards of care in anesthesiology - which in turn determine the legal standards of care in this specialty.
Non-Penetrating Wounds Of The Chest, Harry W. Hale Jr., J. Walter Martin
Non-Penetrating Wounds Of The Chest, Harry W. Hale Jr., J. Walter Martin
Cleveland State Law Review
The heart may be seriously injured by compression of the chest by a steering wheel in automobile accidents or in other injuries by non-penetrating blows to the chest. These injuries vary from a simple bruise of the heart to actual laceration of heart muscle and heart valves. The changes may be identified by electrocardiograph and changes in heart rhythm. Attorneys should make certain that any injury by a blow to the chest is studied by a cardiologist, using not one but a series of electrocardiographs, as even seemingly harmless blows to the chest may result in injuries equivalent to heart …
Frontal Injuries Of The Skull, Paul H. Crandall
Frontal Injuries Of The Skull, Paul H. Crandall
Cleveland State Law Review
Results of injuries to the frontal parts of the skull are often serious but treatable by prompt surgery. Various types of fractures are common. Most dangerous is the possibility of infection in the interior cavities of the skull. X-ray study of such injuries is practically mandatory. Failure to give prompt and proper treatment often results in serious complications later. Any injury to the frontal parts of the skull should be viewed by attorneys as serious, with strong probability of future complications except perhaps when prompt medical attention of highly modern character has forestalled some of the possible complications.
Lethal Lesions In Aircraft Accidents, H. G. Mosely
Lethal Lesions In Aircraft Accidents, H. G. Mosely
Cleveland State Law Review
While most aircraft accident fatalities result from multiple lethal injuries, a significant number are caused by single identifiable lesions such as internal vascular tears (e.g., hemorrhage) especially in the brain area, which prompt surgical action may prevent from being fatal.Lawyers investigating such cases should ascertain whether or not medical treatment was prompt and skillful enough in the particular circumstances, and whether the particular injury (i.e., lesion) which actually caused death was identified and treated.
Epilepsy And The Law, Irwin N. Perr
Epilepsy And The Law, Irwin N. Perr
Cleveland State Law Review
Epilepsy is one of the few medical conditions which have been singled out both in common law and in statutory law. In addition, epilepsy has become increasingly important as it may be a sequel to head injuries, and thus the lawyer dealing with personal injury cases must have some acquaintance with epilepsy and its problems.The first part of this paper will be a simplified description of epilepsy with emphasis on those aspects which may be of some importance to the law. This will be followed by discussion of epilepsy in relation to various laws on marriage, sterilization, automobile driving, and …
A Study Of Fatal Trauma, Earl B. Sanborn
A Study Of Fatal Trauma, Earl B. Sanborn
Cleveland State Law Review
Treatment of the complications of the injured patient is frequently more important than the injury itself. Such complications as shock, traumatic wet lung, atelectases, etc., are a direct result of the injury. Patients may suffer obvious severe trauma, only to die of the unrecognized and untreated complication. Postmortem examinations establish the nature, extent and effect of trauma-i.e., causation, from the lawyer's as well as the physician's point of view.In all cases of death following traumatic accident, the lawyer should investigate the unapparent as well as the obvious injuries; ordinarily by use of autopsy. In a surprising number of cases inadequate …
Relation Of Trauma, Disease, And Law - Panel Discussion, Joseph A. Cox, Alfred Koerner, S. Charles Franco, Kenneth H. Macgregor
Relation Of Trauma, Disease, And Law - Panel Discussion, Joseph A. Cox, Alfred Koerner, S. Charles Franco, Kenneth H. Macgregor
Cleveland State Law Review
A symposium on "Relation of Trama, Disease, and Law." The symposium took place under the auspices of the Amerian Board of Legal Medicine Inc., in conjucntion with the sesquicentennial meeting of the Medical Society of the State of New York.
Radiation Injury: A Technical And Legal Survey, Andrew J. Humphrey
Radiation Injury: A Technical And Legal Survey, Andrew J. Humphrey
Cleveland State Law Review
In the field of radiation damage much has been written and many scientific opinions have been given. As to legal decisions,there is much to criticize from a technical point of view in the early X-ray cases, particularly in regard to the leeway allowed to physicians in treating their patients through use of a new tool. The following survey is intended to serve to give to the lawyer a basic working knowledge of the subject of radiation. With this, plus knowledge of general principles of law, common sense should enable him to get his client's point across to the judge and …
Medical Evaluation Of Mental Pain And Suffering, Carl E. Wasmuth
Medical Evaluation Of Mental Pain And Suffering, Carl E. Wasmuth
Cleveland State Law Review
What the attorney calls "mental pain and suffering" and emotional disturbance is identified by the physician as stress, a concept easier to appreciate than to define. The term was probably borrowed from the language of the engineer. Selye, the chief proponent of the term in medicine, employs it to describe the effects of external influences upon the human mind and body. The lawyer seeking damages for his client on the basis of mental and emotional disturbances (mental "pain and suffering") finds proof difficult. Until the sciences supply an accurate measure of mental and emotional disturbances due to stress, the legal …
Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger
Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger
Cleveland State Law Review
Exposure to X-rays or other radiation over and above a certain cumulative tolerance limit can be damaging to the human body. This fact is thoroughly explained in Mr. Humphrey's article on Radiation in this issue of this law review. But a person thus injured by x-ray radiation from so-called fluoroscopic fitting machines in shoe stores will find it virtually impossible to make out a cause of action in negligence against the owners and operators of the machines. Yet, use of such machines now is known to be seriously harmful, unless that use is closely controlled.
The Pathologist And The Autopsy, Lawrence J. Mccormack
The Pathologist And The Autopsy, Lawrence J. Mccormack
Cleveland State Law Review
The autopsy, properly performed, remains one of the keystones of modern medicine. However, obtaining the legally required consent or authorization for a medical autopsy can be a complex, almost impossible task. Simplification of the legal requirements for consent throughout the United States would be a definite step forward for medicine, and would benefit society generally.
Whiplash Injuries Of The Neck, Kenneth H. Abbott
Whiplash Injuries Of The Neck, Kenneth H. Abbott
Cleveland State Law Review
The nomenclature, mechanics, pathology and symptomatology of the minor injuries to the neck incurred in the socalled whiplash injury are reviewed. The common mechanism of this injury is shown to be hyperextension with recoil into hyperflexion, causing a sprain, of the soft tissues of the neck. In the more seriously injured, there may occur tearing and even avulsion of capsular and ligamentous structures of the neck. With injury to nerves and blood vessels, associated head and lower back injuries may also occur. Less commonly bony fractures of the neck vertebrae may be found. Attention is given to the delayed symptoms …
Physician's View Of Whiplash Injuries Of The Neck, Paul A. Nelson
Physician's View Of Whiplash Injuries Of The Neck, Paul A. Nelson
Cleveland State Law Review
Whiplash injuries of the neck as the result of automobile accidents have attracted increased attention in recent years from both the medical and legal professions. The incidence of such injuries has risen steadily, paralleling the increase in the number of automobiles and in the number of accidents on our highways. Unfortunately, effective safety measures or changes in automobile design that might prevent or minimize these injuries have not yet been introduced. Because most whiplash injuries involve compensation and many entail litigation, the correct management of such cases both medically and legally is of considerable economic importance.
Radiographic Aspects Of Whiplash Injury Of The Cervical Spine, Robert R. Wise
Radiographic Aspects Of Whiplash Injury Of The Cervical Spine, Robert R. Wise
Cleveland State Law Review
While the mechanism of sudden forceful flexion or extension of the neck producing injuries to the ligaments bones, and nerves of the neck has long been known, the term "whiplash injury" appears not to have been used in the medical literature until 1945 when it was first used by Davis. In his paper he analyzed 134 injuries of the cervical spine resulting from automobile accidents. Since then the term has been used to designate injuries to the neck or cervical spine which result from sudden forward or backward motion of the head, excluding the obviously catastrophic injuries resulting in complete …