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Articles 1 - 18 of 18
Full-Text Articles in Medical Jurisprudence
Abortion And The Crime-Sin Spectrum, Willard D. Lorensen
Abortion And The Crime-Sin Spectrum, Willard D. Lorensen
West Virginia Law Review
No abstract provided.
Wood: A Handbook Of Dental Malpractice, Marcus L. Plant
Wood: A Handbook Of Dental Malpractice, Marcus L. Plant
Michigan Law Review
A Review of A Handbook of Dental Malpractice by L. Brent Wood
Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review
Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review
Michigan Law Review
Defendant's attorney in a personal injury action sought on cross-examination to impeach plaintiff's physician regarding his determination of the degree of plaintiff's disability by referring to the medical standards set forth in the American Medical Association's Guide to the Evaluation of Permanent Impairment--The Extremities and Back. Pointing to the physician's testimony that he had not relied on the Guide in making his evaluation, the trial court sustained plaintiff's objection that such cross-examination was not permissible. On appeal, the Wisconsin Supreme Court held that the trial court was correct in sustaining the objection in accordance with the established rule that it …
Prolonging Life, George P. Fletcher
Prolonging Life, George P. Fletcher
Washington Law Review
A physician decides not to prolong the life of a terminal patient. What are the legal consequences? Is it murder, akin to a gunman's pulling the trigger? Or is the law more sensitive? Professor Fletcher proposes that a decision to interrupt life-sustaining therapy, such as that to turn off a mechanical respirator, should be classified as an omission, not an act. He arrives at this conclusion by analyzing the common sense usages of "cause" and "permit." If the decision is an omission then the law must focus on the doctor-patient relationship to define legal consequences, allowing customary standards of the …
Prolonging Life, George P. Fletcher
Prolonging Life, George P. Fletcher
Washington Law Review
A physician decides not to prolong the life of a terminal patient. What are the legal consequences? Is it murder, akin to a gunman's pulling the trigger? Or is the law more sensitive? Professor Fletcher proposes that a decision to interrupt life-sustaining therapy, such as that to turn off a mechanical respirator, should be classified as an omission, not an act. He arrives at this conclusion by analyzing the common sense usages of "cause" and "permit." If the decision is an omission then the law must focus on the doctor-patient relationship to define legal consequences, allowing customary standards of the …
Legal Implications Of Clinical Investigation, Howard N. Morse
Legal Implications Of Clinical Investigation, Howard N. Morse
Vanderbilt Law Review
There is an increasing concern among the members of the medical profession with legal rights, obligations and limitations affecting clinical investigation. This is understandable in light of the virtual explosion of clinical investigation within medical science. Clinical investigation is the systematic collection, evaluation and reporting, by or under the supervision of physicians, of data about other human beings for the purpose of advancing scientific medical knowledge. Thus it includes neither investigation relating to animals (even though such investigation may also advance scientific medical knowledge), nor investigation of human beings for purposes unrelated to medical science, nor the trial of unproven …
Torts--Effect Of A Release Of An Original Tort Feasor Upon The Malpractice Of Attending Physician, Louis S. Southworth Ii
Torts--Effect Of A Release Of An Original Tort Feasor Upon The Malpractice Of Attending Physician, Louis S. Southworth Ii
West Virginia Law Review
No abstract provided.
Legal Implications Of Clinical Investigation, Howard N. Morse
Legal Implications Of Clinical Investigation, Howard N. Morse
William & Mary Law Review
No abstract provided.
Waiver Of The Physician-Patient Privilege
Waiver Of The Physician-Patient Privilege
Washington and Lee Law Review
No abstract provided.
Evidence--Medical Malpractice--Expert Testimony Of Defendant Physician When Called As Adverse Witness, K. Paul Davis
Evidence--Medical Malpractice--Expert Testimony Of Defendant Physician When Called As Adverse Witness, K. Paul Davis
West Virginia Law Review
No abstract provided.
Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau
Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau
Cleveland State Law Review
In any discussion of an emergency room or an emergency department or an emergency service, a definition of the terms of reference is always helpful at the start. Unfortunately, definitions of what constitutes an "emergency room" are not easily found and although numerous regulations governing hospitals refer to the provision of emergency service, none have hazarded a precise definition. Thus far, definitions all seem to be in agreement that personnel, materials and regulations should be present to insure immediacy or promptness of care. But uniform agreement on how immediacy and promptness are to be provided does not seem to be …
Book Review, Harry R. Grau
Book Review, Harry R. Grau
Cleveland State Law Review
Reviewing Carl E. Wasmuth, Law for the Physician, Lea & Febiger, 1966
Investigational Drugs And The Law, George F. Archambault
Investigational Drugs And The Law, George F. Archambault
Cleveland State Law Review
Moving directly to the subject "Investigational Drugs and the Law" and being concerned primarily with preventative law, a topic not unlike preventative medicine, what is it that must be known as a lawyer in this specialty field in order to aid physicians and pharmacists involved in clinical research, in clinical pharmacology research, in hospital administration, and in nursing and pharmacy practices to keep them from legal pitfalls? It is necessary to tackle the subject in a two-pronged manner: (1) the federal and state statutes, and (2) case law.
The Physician As A Witness, Robert I. Zashin
The Physician As A Witness, Robert I. Zashin
Cleveland State Law Review
As a public servant the physician, being licensed to practice medicine, has certain obligations both to the state and to his profession. His primary obligation is to give aid to his patients and offer himself as a person capable of diagnosis and treatment of human ills. It is conceded by most observers that few professions require more careful preparation than that of medicine. However, a doctor's skill is not always to be found in his office. He is now often called upon to "battle" in the courts as an expert witness. In the growing interrelationship between law and medicine, the …
Statutes Of Limitations And Undiscovered Malpractice, Stanley Sacks
Statutes Of Limitations And Undiscovered Malpractice, Stanley Sacks
Cleveland State Law Review
A number of general legal problems have arisen out of malpractice actions and applicable statutes of limitations. Thus, the fact that there is a choice as to which event starts limitations running against the malpractice actions, either the physician's wrongful act or omission, or when such act or omission resulted in injury, is as naturally susceptible of varying judicial interpretation as the myriad of other legal situations. The situation that too often fosters injustice and thereby demands immediate and appropriate action, whether legislative or judicial, is that predicament where the wrongful act of a medical practitioner results in injury, but …
Battery In Medical Torts, Don S. Smith
Battery In Medical Torts, Don S. Smith
Cleveland State Law Review
The purpose of this paper is not so much to explore when and under what circumstances a battery takes place but to deal with the problems which the classification itself creates. These include questions of the applicability of special malpractice statutes of limitation, whether an action can be maintained under the Federal Tort Claims Act, coverage under malpractice insurance policies, causation and damages, and the requirement of expert medical testimony to provide a standard against which the conduct of the defendant may be measured.
Prolonging Life, George P. Fletcher
Prolonging Life, George P. Fletcher
Faculty Scholarship
A physician decides not to prolong the life of a terminal patient. What are the legal consequences? Is it murder, akin to a gunman's pulling the trigger? Or is the law more sensitive? Professor Fletcher proposes that a decision to interrupt life-sustaining therapy, such as that to turn off a mechanical respirator, should be classified as an omission, not an act. He arrives at this conclusion by analyzing the common sense usages of "cause" and "permit." If the decision is an omission then the law must focus on the doctor-patient relationship to define legal consequences, allowing customary standards of the …
The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson
The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson
Michigan Law Review
It is one of the great tragedies of the workmen's compensation story that almost all courts, in their perfectly justifiable search for a legal barrier that would keep compensation heart liability from getting out of hand, have seized upon the wrong component in the coverage formula. The words "by accident" or their equivalent were pressed into service for this task, ·and they have proved to be a most ill-fitting tool for this function. If the courts had followed the more logical course of testing these cases by the causal principle prescribed by the words "arising out of the employment," there …