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Cleveland State Law Review

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Articles 91 - 101 of 101

Full-Text Articles in Health Law and Policy

Lethal Lesions In Aircraft Accidents, H. G. Mosely Jan 1958

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 Jan 1958

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 Jan 1958

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 Jan 1958

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 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 …


Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger Jan 1957

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 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.


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 …