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- Expert testimony (2)
- Medical malpractice (2)
- Conspiracy of silence (1)
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- Federal tax returns (1)
- Loyalty rule (1)
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- Medical negligence cases (1)
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- Soft tissue cases (1)
- Standards of care (1)
- X-ray (1)
Articles 1 - 5 of 5
Full-Text Articles in Evidence
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Cleveland State Law Review
There is a need in most malpractice suits to impress the jury with the operation and effect of the conspiracy of silence,and in most jurisdictions, to do so would apparently not, and certainly should not, result in reversible error if done in a reasonable and temperate manner.
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
Cleveland State Law Review
We do not question the need for, or the benefits of specialization, but rather point to some of the confusion which results, in legal cases involving the medical specialist. The apparent contradiction that appears in proceedings involving specialists is illustrated by two cases where the patient's heart stopped beating while on the operating table.
Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer
Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer
Cleveland State Law Review
Many cases deal with the use of Federal tax returns in non-tax cases. The inherent danger in subjecting tax returns to discovery at pre-trial and admission at trial, is the unnecessary disclosure of confidential information. Yet, when income tax returns are material and relevant to the claims of the parties litigant, a contention of privileged communication should not be used to defeat justice.
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
Cleveland State Law Review
Defense counsel usually pounce on "negative" x-rays, i.e., ones which show little or no change from before to after the accident. They triumphantly parade admissions from medical witnesses that "the x-rays in the case are totally negative," before a jury which is enormously impressed through abysmal ignorance of what x-rays can and do show. Thus, the problem facing counsel for the injured party is how most persuasively to acquaint the jury with means of properly evaluating x-rays in view of their significant attributes and their deficiencies. Plaintiff's counsel must somehow explain the purpose of x-rays, augment their limited information, and/or …
Conspiracy Of Silence, Richard M. Markus
Conspiracy Of Silence, Richard M. Markus
Cleveland State Law Review
The requirement that independent expert medical testimony establish the proper standard of care and the defendant's failure to meet that standard imposes an almost insurmountable obstacle in many cases. The so-called conspiracy of silence has been recognized, as a matter of judicial notice, by courts in New Jersey, California, and elsewhere. The use of that phrase to describe the unavailability of medical witnesses has particularly dramatic force which impresses a court and jury. However, no apt phrase could detract from the reality of this practical problem which faces an attorney representing a client seeking damages from a physician for professional …