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Full-Text Articles in Law

Medical Evidence And Testimony, Robert V. Lamppert Jan 1959

Medical Evidence And Testimony, Robert V. Lamppert

Cleveland State Law Review

It is the purpose of this article to explain the various ways in which medicine becomes involved in the law and to point out the problems and difficulties involved. Since this article is written for both medical doctors and attorneys, the detailed explanations and terminology of each profession will necessarily be kept at a basic level. It is hoped that a forthright demonstration of the basic factors involved, along with an attempt to explain the problems complicating the points of controversy and misunderstanding, will help somewhat in creating a better understanding between the two professions and enable them to better …


Physician-Patient Privilege In Ohio, Naoma Lee Stewart Jan 1959

Physician-Patient Privilege In Ohio, Naoma Lee Stewart

Cleveland State Law Review

Throughout its history the physician-patient privilege has been the subject of controversial discussion, and in recent years these discussions have been dominated by voices of bitter disapproval and severe criticism. Judges, lawyers, textwriters, and teachers have denounced the privilege by characterizing it as everything from a "monumental hoax" to a "clever legerdemain loaned by the law to the parties to suppress the truth." Critics maintain that in the majority of reported cases the patient invoked the privilege, not to protect his privacy or to prevent the disclosure of humiliating personal facts (supposedly the purpose for the creation of the privilege), …


Husband-Wife Privileged Communications Summarized, Donald L. Guarnieri Jan 1959

Husband-Wife Privileged Communications Summarized, Donald L. Guarnieri

Cleveland State Law Review

Courts and legislatures of the United States generally view communications between husband and wife as privileged against court-room disclosure. The protection which the courts, legislatures and text writers' have favored seems to stem from the basic premise "that the privilege against court-room disclosure is needed for the encouragement of marital confidences, which confidences in turn promote harmony between husband and wife." Affection and understanding between husband and wife seem far more important for marital harmony than confidence based on a legal rule of evidence.


Hospital Records As Evidence, Robert B. Dunsmore Jan 1959

Hospital Records As Evidence, Robert B. Dunsmore

Cleveland State Law Review

Court decisions are not in harmony as to the admissibility of hospital charts and records as evidence in a court of law. At common law they are not recognized as valid evidence. In the absence of a statute requiring hospitals to keep clinical charts or records, many courts adopt the view that such a chart or record is admissible as evidence only under some exception to the Hearsay Rule and after a proper foundation has been laid for bringing the case within the particular exception. If such a foundation is laid, a hospital chart or record is, according to the …