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Medical Jurisprudence Commons

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1967

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Articles 1 - 18 of 18

Full-Text Articles in Medical Jurisprudence

Abortion And The Crime-Sin Spectrum, Willard D. Lorensen Dec 1967

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 Dec 1967

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 Nov 1967

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 Jun 1967

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 Jun 1967

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 May 1967

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 Apr 1967

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 Mar 1967

Legal Implications Of Clinical Investigation, Howard N. Morse

William & Mary Law Review

No abstract provided.


Waiver Of The Physician-Patient Privilege Mar 1967

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 Feb 1967

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 Jan 1967

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 Jan 1967

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 Jan 1967

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 Jan 1967

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 Jan 1967

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 Jan 1967

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 Jan 1967

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 Jan 1967

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 …