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Articles 1 - 24 of 24

Full-Text Articles in Law

The Medical Witness (Film Review), William J. Curran Oct 1957

The Medical Witness (Film Review), William J. Curran

Indiana Law Journal

No abstract provided.


Artificial Insemination: Its Place In Washington Law, David Wayne Gittinger Aug 1957

Artificial Insemination: Its Place In Washington Law, David Wayne Gittinger

Washington Law Review

Artificial insemination has found its place, or at least its beginning, in American society. It has not yet found its niche in American law. This comment is an attempt to indicate and speculate just what that niche would be under the present cases, statutes, and policies of the Washington court and legislature.


Malpractice And The Statute Of Limitations Jul 1957

Malpractice And The Statute Of Limitations

Indiana Law Journal

No abstract provided.


Medical Witnesses In Workmen's Compensation, Ivan C. Rutledge Apr 1957

Medical Witnesses In Workmen's Compensation, Ivan C. Rutledge

Indiana Law Journal

No abstract provided.


Constitutional Law--Substantive Due Process And Equal Protection--Naturopaths Required To Be Medical Doctors, C. R. S. Feb 1957

Constitutional Law--Substantive Due Process And Equal Protection--Naturopaths Required To Be Medical Doctors, C. R. S.

West Virginia Law Review

No abstract provided.


Torts - Unauthorized Autopsy - Non-Survival Of Action, Lee H. Snyder Feb 1957

Torts - Unauthorized Autopsy - Non-Survival Of Action, Lee H. Snyder

Michigan Law Review

Plaintiff's husband was struck and killed by a motorbus owned and operated by defendant municipality. The body was removed to a hospital maintained by defendant. Subsequently, at the request and direction of a physician employed by defendant, an autopsy was performed, apparently to determine whether the deceased had been drinking. During the examination certain organs were removed and destroyed. Plaintiff brought an action for damages on the ground that the mutilation was done without her consent and in violation of her legal right to the possession of the body. Plaintiff died while the action was pending, and her administrator continued …


The Law Of Criminal Abortion: An Analysis Of Proposed Reforms Jan 1957

The Law Of Criminal Abortion: An Analysis Of Proposed Reforms

Indiana Law Journal

No abstract provided.


Medical-Legal Relations - The Brighter Side, C. Joseph Stetler Jan 1957

Medical-Legal Relations - The Brighter Side, C. Joseph Stetler

Villanova Law Review

No abstract provided.


Radiation Injury: A Technical And Legal Survey, Andrew J. Humphrey Jan 1957

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 Jan 1957

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 …


The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell Jan 1957

The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell

Cleveland State Law Review

This article is written on behalf of the many trauma patients and their trial attorneys who discover to their horror, that their important medical witness - the "attending" doctor, - suffers from "Globus Hystericus". It is hoped that this paper may prove to be the elusive Rx to cure some difficulties raised by those few physicians (and yet there are too many) who hide their fear of the witness chair behind lame excuses, or even behind flat refusals to testify.


Whiplash - Defense Counsel's View, Harley J. Mcneal Jan 1957

Whiplash - Defense Counsel's View, Harley J. Mcneal

Cleveland State Law Review

Many words have been spoken and written on the controversial subject of whiplash injuries of the cervical spine. However, no papers have been noted which discuss the problem from the viewpoint of the defense trial attorney. From a defense standpoint, some of the medical phrases or words used by doctors today have devastating psychological effects upon jurors trying personal injury cases. The word "whiplash" is one of these "coined" words. Thus, while it is conceded that medical men are only trying to define particular injuries with preciseness, the constant use and repetition of such words or terms cause the average …


The Pathologist And The Autopsy, Lawrence J. Mccormack Jan 1957

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 Jan 1957

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 Jan 1957

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.


Causation: A Medico-Legal Battlefield, Albert Averbach Jan 1957

Causation: A Medico-Legal Battlefield, Albert Averbach

Cleveland State Law Review

In the court room, the trial lawyer strives to introduce medical testimony as to the cause of a condition or disease. Resort in many instances is made, through a hypothetical question to a non-attending physician, as to whether or not the accident described was a competent cause of a later-described or assumed condition, or "might," "could, "would," or "was" competent to have caused it. A great conflict exists in the various states as to the permissible range of inquiry in such cases, depending upon the particular jurisdiction's interpretation of the requirement that medical opinions must be reasonably certain or reasonably …


Hospital Immunity, Ellis B. Brannon Jan 1957

Hospital Immunity, Ellis B. Brannon

Cleveland State Law Review

An archaic rule has been modified in Ohio by the Supreme Court decision in Avellone v. St. John's Hospital. However, this decision leaves open the question of whether the Ohio Supreme Court will apply the New York Rule to hospital liability in Ohio, or whether it will apply a less restrictive rule of liability to hospitals in this State. Essentially, the question is whether the hospital will be held responsible for all acts of negligence of its agents occurring within the physical confines of hospital premises, or whether it will be excluded from liability in those instances where the act …


Postmortem Examinations, S.R. Gerber Jan 1957

Postmortem Examinations, S.R. Gerber

Cleveland State Law Review

Postmortem examination is frequently considered to be a synonymous term for autopsy. However, literally any examination performed after death is a postmortem examination. All examinations of cases received at coroners' offices are performed postmortem. These examinations vary in extent, depending upon the circumstances and developments disclosed upon investigation by police and others.


Consent To Surgical Procedures, Carl E. Wasmuth Jan 1957

Consent To Surgical Procedures, Carl E. Wasmuth

Cleveland State Law Review

Case law relating to surgical consent is fairly well settled. A review of the numerous decisions on this question can be summed up with a general statement: If the patient freely consults the physician, understands the operation contemplated, enters the hospital, and submits to the operation, consent is implied. This consent to a surgical operation is a privilege that the patient extends to the surgeon to commit trespass to the person.


Mental Competency And Mental Hospitals, Ewing H. Crawfis Jan 1957

Mental Competency And Mental Hospitals, Ewing H. Crawfis

Cleveland State Law Review

Psychiatrists generally are aware that there is not necessarily any relation between competency and hospitalization for mental illness. The consensus seems to be that these two things should be considered entirely separately. Many patients may need mental hospital care, without having suffered any impairment of their competency. My personal estimate is that 75% of all patients admitted to the average mental hospital could be considered to be competent. Also, it is well to keep in mind that an individual may require a guardian because of incompetency due to a mental disorder, but not require hospitalization in a mental hospital. Unfortunately, …


Court Dictation Of Choice Of Anesthesia, Carl E. Wasmuth Jan 1957

Court Dictation Of Choice Of Anesthesia, Carl E. Wasmuth

Cleveland State Law Review

The Supreme Court of California has extended the interpretation of the doctrine of res ipsa loquitur in malpractice cases so that the physician must now be nearly a guarantor of results. And a review of a few recent, specific cases involving anesthesia makes it increasingly evident that they may have far-reaching influence on the practice of anesthesiology.


Radiographic Aspects Of Whiplash Injury Of The Cervical Spine, Robert R. Wise Jan 1957

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 …


Book Review, Arthur F. Lustig Jan 1957

Book Review, Arthur F. Lustig

Cleveland State Law Review

Reviewing Roscoe L. Barrow and Howard D. Fabing, Epislepsy and the Law, A Proposal for Legal Reform in the Light of Medical Progress, Hoeber-Harper, 1956


Preparation And Trial Of A Medical Malpratice Case, John J. Kennett Jan 1957

Preparation And Trial Of A Medical Malpratice Case, John J. Kennett

Cleveland State Law Review

Law implies from the employment of a doctor contract that the doctor will diagnose and treat his patient with that degree of skill and learning which is possessed by the average member of his profession in the community in which he practices. A doctor licensed to practice is presumed to possess such skill and learning. He does not incur liability for his mistakes if he has used methods, in his diagnosis and treatment, recognized and approved by the average member of the medical profession practicing in his community. A doctor's negligence in departing from the standard of practice in his …