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Full-Text Articles in Medical Jurisprudence
Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder
Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder
Cleveland State Law Review
The "Cloak of Protection encompassing the physician in the practice of his profession" is no longer to be taken for granted. Recent decisions in Alaska, California, Louisiana, Oregon, and Wisconsin have swept aside the traditional limitations in the use of the res ipsa loquitur doctrine. They impose all but strict liability upon the medical profession for mistakes occurring during treatment or surgery.
Defense Against Res Ipsa In Medical Malpractice, Howard M. Rossen
Defense Against Res Ipsa In Medical Malpractice, Howard M. Rossen
Cleveland State Law Review
In a res ipsa loquitur case the injured party is deemed in no position to explain the cause, while the party charged may begin a position to show himself free from negligence. If the plaintiff has equal or superior means of information, the doctrine does not apply. The question is really one of duty on the part of the defendant. Res ipsa loquitur leads only to a possible (not mandatory) inference that the defendant has not complied with his duty to use skill and care, and is not in itself proof that he was under a specific duty. This question …
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.
Anesthesiology And The Law - In The Long View, Carl E. Wasmuth
Anesthesiology And The Law - In The Long View, Carl E. Wasmuth
Cleveland State Law Review
Anesthesiology is the youngest of the medical specialties. Born of surgical parents, it was nurtured through its infancy by well-meaning and dedicated physicians. Even now this specialty is one of the most litigated fields of medicine, rivaling radiology, surgery, and plastic surgery. This, however, is at best a dubious distinction. Considering the nature of the specialty, one can easily understand the reason. In the hands of the anesthesiologist rests the life of every patient undergoing a surgical operation.
Court Dictation Of Choice Of Anesthesia, Carl E. Wasmuth
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.