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Cleveland State University

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Full-Text Articles in Law

What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl Jan 2010

What's All The Headache: Reform Needed To Cope With The Effects Of Concussions In Football, Erika A. Diehl

Journal of Law and Health

In order to effectively manage this public health concern, it is imperative to gain an understanding of the issues surrounding head injuries in sporting events. This Note will discuss the increasing frequency and dangers of concussions in amateur and professional football. It will suggest that athletes, schools, coaches, and doctors must become more educated on the causes and dangers of concussions in order to ensure the safety of participants. In order to do so, this Note introduces a medical overview of concussions, while briefly outlining the diagnosis, long-term effects, and management of concussions. Part III discusses the legal theories athletes …


Malpractice And Other Legal Issues Preventing The Development Of Telemedicine , Christopher Caryl Jan 1997

Malpractice And Other Legal Issues Preventing The Development Of Telemedicine , Christopher Caryl

Journal of Law and Health

Even though most Americans have not heard of telemedicine, the federal government is already actively involved in "developing a national telemedicine strategy." This note attempts to accomplish the following: demonstrate the urgent need of rural communities to gain access to adequate health care; clarify how telemedicine can provide enhanced health care to rural communities; and analyze the legal obstacles that have prevented, thus far, the most beneficial utilization of telemedicine. In particular, this note will examine how malpractice claims arising from telemedicine consultations might be resolved. An important issue to recognize at the outset, and one that consistently reappears throughout …


Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin Jan 1989

Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin

Journal of Law and Health

This article will review the societal and individual costs of the present medical malpractice system, analyze current efforts to reform the system, and propose several alternatives for consideration. These alternatives include expanding the use of alternative dispute resolution, reformulating the doctor/patient relationship, expanding the scope of conventional hospital risk management and modifying the manner in which medical malpractice insurance is presently provided.


Liability For Post-Transfusion Aids: An Analysis And Proposal, Lawrence K. English Jan 1988

Liability For Post-Transfusion Aids: An Analysis And Proposal, Lawrence K. English

Journal of Law and Health

The nature of the acquired immune deficiency syndrome (AIDS) epidemic and the methods used to protect the blood supply from contamination by the AIDS virus indicate that an increasing number of actions seeking recovery for post-transfusion infection may reach the courts in the next decade. The theories under which plaintiffs usually seek relief for transfusion-related infection - e.g., negligence or strict liability - lead to complex factual, procedural, and public policy problems which do not readily lend themselves to consistent, just adjudication.