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Articles 1 - 9 of 9
Full-Text Articles in Law
Malpractice Used As A Hospital Defense, Carl H. Miller
Malpractice Used As A Hospital Defense, Carl H. Miller
Cleveland State Law Review
Hospital immunity in negligence and other torts of agents and employees is disappearing steadily. The course of decisions in many states has been consistently in the direction of elimination of "charitable" immunity of hospitals. Seeking another line of defense, hospital administrators have re-examined the parties generally involved in a medical negligence action-patient, physician and hospital. Hospital administrators realized quickly that in order to remain free from general negligence liability, the main onus of tort responsibility would have to be shifted to the physician (or even the nurse) whenever and wherever possible.
Book Review, Milton Oppenheim
Book Review, Milton Oppenheim
Cleveland State Law Review
Reviewing David W. Louisell and Harold Williams, Trial of Medical Malpractice Cases, Matthew Bender & Co., Inc., 1960
Anesthetic Malpractice In Canada, John H. Harland
Anesthetic Malpractice In Canada, John H. Harland
Cleveland State Law Review
Making allowance for the tenfold difference in population between Canada and the United States, it is evident that litigation arising from anesthetic malpractice is very much less common in the former country. We have attempted to give some of the reasons for this discrepancy.
Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland
Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland
Cleveland State Law Review
We do not intend here to advocate or condemn application of the doctrine of res ipsa loquitur in malpractice cases, but simply to indicate the cases where it was or was not applied, relying where possible on direct quotation from the judgments.
Book Review, Irwin N. Perr
Book Review, Irwin N. Perr
Cleveland State Law Review
Reviewing Ben Bernstein, Whiplash - Its Medical-Legal Aspects, Legal Medicine Institute, 1958
Book Review, Howard L. Oleck
Book Review, Howard L. Oleck
Cleveland State Law Review
Reviewing Carl E. Wasmuth, Anesthesia and the Law, C.C. Thomas, 1961
Malpractice In The United Kingdom, R. Bryce-Smith
Malpractice In The United Kingdom, R. Bryce-Smith
Cleveland State Law Review
No law exists which precisely determines the liability of a medical practitioner in respect of his patients. However, the basis of a practitioner's responsibility is that he should "exercise a reasonable degree of skill and care." The principle was first evoked in the case of Lanphier v. Phipos (1838) and it is obvious that in the absence of any more exact requirements, considerable latitude exists. Gradually, various decisions of the courts have limited the field of responsibility, and indicated to some extent what is meant by "reasonable skill and care." With the exception of these modifications, the law has not …
Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris
Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris
Cleveland State Law Review
It is now almost five years since our Supreme Court announced its decision in the Avellone case. During these five years, the two problems created by the Avellone decision have ,like "Mother Carrie's chickens" "come home to roost." Our Supreme Court has resolved each in turn, one in favor of charitable immunity for all charitable institutions except those that have the misfortune to run hospitals, the other further against hospitals for all acts of all servants.
Blood Transfusion Liability, James A. Thomas
Blood Transfusion Liability, James A. Thomas
Cleveland State Law Review
This paper is concerned with the causes of action available to the recipients of blood transfusions causing injury or death. Its scope is limited to cases where injury or death is caused by the blood itself, as where a transfusion is given with blood which is of the wrong type, or which is infected, or which is given to the wrong person.