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Articles 1 - 8 of 8

Full-Text Articles in Torts

Malpractice And The Statute Of Limitations Jul 1957

Malpractice And The Statute Of Limitations

Indiana Law Journal

No abstract provided.


Torts - Unauthorized Autopsy - Non-Survival Of Action, Lee H. Snyder Feb 1957

Torts - Unauthorized Autopsy - Non-Survival Of Action, Lee H. Snyder

Michigan Law Review

Plaintiff's husband was struck and killed by a motorbus owned and operated by defendant municipality. The body was removed to a hospital maintained by defendant. Subsequently, at the request and direction of a physician employed by defendant, an autopsy was performed, apparently to determine whether the deceased had been drinking. During the examination certain organs were removed and destroyed. Plaintiff brought an action for damages on the ground that the mutilation was done without her consent and in violation of her legal right to the possession of the body. Plaintiff died while the action was pending, and her administrator continued …


Medical-Legal Relations - The Brighter Side, C. Joseph Stetler Jan 1957

Medical-Legal Relations - The Brighter Side, C. Joseph Stetler

Villanova Law Review

No abstract provided.


The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell Jan 1957

The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell

Cleveland State Law Review

This article is written on behalf of the many trauma patients and their trial attorneys who discover to their horror, that their important medical witness - the "attending" doctor, - suffers from "Globus Hystericus". It is hoped that this paper may prove to be the elusive Rx to cure some difficulties raised by those few physicians (and yet there are too many) who hide their fear of the witness chair behind lame excuses, or even behind flat refusals to testify.


Whiplash - Defense Counsel's View, Harley J. Mcneal Jan 1957

Whiplash - Defense Counsel's View, Harley J. Mcneal

Cleveland State Law Review

Many words have been spoken and written on the controversial subject of whiplash injuries of the cervical spine. However, no papers have been noted which discuss the problem from the viewpoint of the defense trial attorney. From a defense standpoint, some of the medical phrases or words used by doctors today have devastating psychological effects upon jurors trying personal injury cases. The word "whiplash" is one of these "coined" words. Thus, while it is conceded that medical men are only trying to define particular injuries with preciseness, the constant use and repetition of such words or terms cause the average …


Hospital Immunity, Ellis B. Brannon Jan 1957

Hospital Immunity, Ellis B. Brannon

Cleveland State Law Review

An archaic rule has been modified in Ohio by the Supreme Court decision in Avellone v. St. John's Hospital. However, this decision leaves open the question of whether the Ohio Supreme Court will apply the New York Rule to hospital liability in Ohio, or whether it will apply a less restrictive rule of liability to hospitals in this State. Essentially, the question is whether the hospital will be held responsible for all acts of negligence of its agents occurring within the physical confines of hospital premises, or whether it will be excluded from liability in those instances where the act …


Consent To Surgical Procedures, Carl E. Wasmuth Jan 1957

Consent To Surgical Procedures, Carl E. Wasmuth

Cleveland State Law Review

Case law relating to surgical consent is fairly well settled. A review of the numerous decisions on this question can be summed up with a general statement: If the patient freely consults the physician, understands the operation contemplated, enters the hospital, and submits to the operation, consent is implied. This consent to a surgical operation is a privilege that the patient extends to the surgeon to commit trespass to the person.


Preparation And Trial Of A Medical Malpratice Case, John J. Kennett Jan 1957

Preparation And Trial Of A Medical Malpratice Case, John J. Kennett

Cleveland State Law Review

Law implies from the employment of a doctor contract that the doctor will diagnose and treat his patient with that degree of skill and learning which is possessed by the average member of his profession in the community in which he practices. A doctor licensed to practice is presumed to possess such skill and learning. He does not incur liability for his mistakes if he has used methods, in his diagnosis and treatment, recognized and approved by the average member of the medical profession practicing in his community. A doctor's negligence in departing from the standard of practice in his …