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Full-Text Articles in Torts
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Contributory Negligence Of Very Young Children, James B. Wilkens
Contributory Negligence Of Very Young Children, James B. Wilkens
Cleveland State Law Review
If in backing your car out of a driveway you look to only one side as you approach the sidewalk, and strike and injure a pedestrian approaching from the other side, who had been so engrossed in conversation with a companion as not to have cast even a glance up the driveway, your liability for his injuries might well depend upon his age. The standard of care required (in most circumstances) of normal adults (and corporations) for the protection of themselves and of others is that they take such care as ordinary prudent persons would take in the circumstances. Little, …
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
Cleveland State Law Review
What factors have influenced the courts in the development of their current attitude toward hospitals? Are the emerging concepts reasonable, or are they indicia of a pendulum swinging too far in the direction of the patient? What are the consequences for the nurse? These are the questions to which the ensuing treatment of one aspect of tort liability is addressed.
Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf
Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf
Cleveland State Law Review
This issue deals with the question of whether a medical expert witness need be a resident of the particular community in order to testify as to local hospital standards in that community. Generally, in cases involving medical malpractice, the courts have held that the expert witness must have practiced in the "same" or "similar" locality as the defendant doctor in order that his testimony be held admissible to establish the standard of medical care against which the defendant is to be held.