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Medical Jurisprudence Commons

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Full-Text Articles in Medical Jurisprudence

Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed. Jun 1962

Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed.

Michigan Law Review

Res ipsa loquitur, "the thing speaks for itself," has been the subject matter of extensive legal literature since its inception almost a century ago. It is now well settled that res ipsa loquitur is no more than an inference of negligence from circumstantial evidence. The doctrine is applicable if an act or occurrence is of the type that ordinarily would not take place without negligence, assuming the plaintiff has himself been passive, and if the instrumentality causing the harm is within the exclusive control of the defendant. The application of res ipsa loquitur to the medical malpractice area has …


Ownership Of X-Rays, Ronald J. Harpst Jan 1962

Ownership Of X-Rays, Ronald J. Harpst

Cleveland State Law Review

The question as to who has property rights in x-ray films has been the subject of controversy between physician, attorney, patient and hospital. Although there have been few cases dealing specifically with this problem, the issue often has been raised privately among physicians and in attorney-physician debates. The object of this article is to acquaint the attorney and physician with the main approaches to the problem of ownership of x-rays, and to supplement the various approaches with leading cases.