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Full-Text Articles in Medical Jurisprudence
Res Ipsa Loquitur In Hospital And Malpractice Cases, Julien C. Renswick
Res Ipsa Loquitur In Hospital And Malpractice Cases, Julien C. Renswick
Cleveland State Law Review
Most legal texts state as a matter of law that in order to apply the doctrine of res ipsa loquitur it is required that plaintiff show that the instrumentality causing his injury was in the continuous and exclusive control of one defendant. This general proposition has been stated in Ohio on several occasions. However, in the last few years some exceptions to this general rule have been established in several jurisdictions.
Epilepsy - Post-Traumatic Or Not, Irwin N. Perr
Epilepsy - Post-Traumatic Or Not, Irwin N. Perr
Cleveland State Law Review
This article discusses the legal issues presented in Muscarello v. Peterson. The case presents clearly the medical aspects in ascertaining whether epilepsy is a result of injury or is a result of independent factors. As the court stated, the decision rests basically on medical evidence and its evaluation by the jury.