Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy

Journal

Institution
Keyword
Publication Year
Publication
File Type

Articles 7741 - 7764 of 7764

Full-Text Articles in Law

Contracts--Consideration-Performance Of One Alternatlve When There Is Dispute As To Which Is Owed, L. B. Lea Mar 1948

Contracts--Consideration-Performance Of One Alternatlve When There Is Dispute As To Which Is Owed, L. B. Lea

Michigan Law Review

Defendant issued a membership certificate to one Flowers providing for payment of $5000 in case of accidental death or $500 in case of death due to heart disease. Later Flowers was injured in an automobile accident and died an hour afterward. The beneficiary submitted proofs of loss, including a statement of a physician that death was caused by "coronary thrombosis. Shock from auto accident about one hour before death." Defendant sent to the beneficiary a draft for $500 clearly stating on its face that the endorsement of the check would be a settlement in full. After cashing the check, the …

Go to article

Torts-Liability Of Charitable Hospital For Injuries To Patient Caused By Negligence Of Nurse And Intern. [New York] Mar 1947

Torts-Liability Of Charitable Hospital For Injuries To Patient Caused By Negligence Of Nurse And Intern. [New York]

Washington and Lee Law Review

No abstract provided.

Go to article

Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed. Nov 1946

Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed.

Michigan Law Review

Plaintiff, beneficiary of an insurance policy (but not the personal representative of the deceased insured), sued to recover the amount of the policy from the insurance company. As a defense the defendant claimed that the policy never became effective because the insured had made material misrepresentations in the application as to his state of health. To show that there had been such misrepresentations, the defendant proved that the insured had been treated by physicians during the five years preceding the issuance of the policy. Upon objectionμ by plaintiff the court excluded the testimony of the doctors as to the nature …

Go to article

Legal Control Of Medical Practice: Validity And Methods, Kenneth C. Sears Apr 1946

Legal Control Of Medical Practice: Validity And Methods, Kenneth C. Sears

Michigan Law Review

Legislators have deemed it necessary, in order to protect the public interest, to exercise some control over the practice of the healing art by physicians, surgeons, chiropractors, osteopaths, dentists, etc., both as to who may practice and in what manner the practice may be carried on. Legislators have also required, in certain situations, that designated persons submit to medical treatment. Both types of regulation give rise to various legal and constitutional problems and it is the purpose of this paper to discuss some of these problems.

Go to article

Simulation Of Nervous And Mental Disease, Moses Keschner Apr 1946

Simulation Of Nervous And Mental Disease, Moses Keschner

Michigan Law Review

Simulation may be defined as a wilful, deliberate and fraudulent imitation or exaggeration of illness intended to deceive the observer for the purpose of gaining a consciously desired end. Simulation of a physical or mental illness is usually resorted to: (1) by persons who have sustained an injury, the disability resulting therefrom being compensable by benefits payable under the workmen's compensation law or by damages in personal injury actions based on alleged negligence; (2) by persons who wish to obtain insurance benefits for disability in accordance with the provisions of health, accident and life insurance policies, and included in this …

Go to article

Medical And Social Factors In Crime, A. Warren Stearns Apr 1943

Medical And Social Factors In Crime, A. Warren Stearns

Indiana Law Journal

No abstract provided.

Go to article

Hospitals--Right To Exclude Physician From Use Of Hospital, Marcus Redwine Jr. Jan 1943

Hospitals--Right To Exclude Physician From Use Of Hospital, Marcus Redwine Jr.

Kentucky Law Journal

No abstract provided.

Go to article

Corporations - Physicians And Surgeons - Insurance - Sale Of Professional Services By A Corporation, Charles H. Haines Jr. Apr 1939

Corporations - Physicians And Surgeons - Insurance - Sale Of Professional Services By A Corporation, Charles H. Haines Jr.

Michigan Law Review

The Group Health Association, a corporation for the mutual benefit of its members, employed licensed physicians to give medical care to its members. For a lump sum consideration of $40,000 the association agreed to extend similar medical and hospital services to such employees of the Home Owners' Loan Corporation office as paid the monthly fee. In fear of quo warranto proceedings by the district attorney for illegal practice of medicine and by the superintendent of insurance for selling insurance, the association sought a declaration of its right to provide medical services in this manner. Held, a non-profit corporation through …

Go to article

Limitations Of Actions - Physicians And Surgeons - Malpractice - Accrual Of Cause Of Action, Michigan Law Review Mar 1937

Limitations Of Actions - Physicians And Surgeons - Malpractice - Accrual Of Cause Of Action, Michigan Law Review

Michigan Law Review

Defendant, a physician, treated plaintiff's decedent for cancer. Defendant failed to remove certain radium beads from decedent's uterus, and their presence in her body caused her death approximately five years later. The fact that defendant failed to remove the radium beads was not learned by plaintiff until a few months before decedent's death. Plaintiff brought suit, under the Kansas Wrongful Death Statute, within two years of the discovery of the alleged malpractice. Held, since plaintiff's cause of action accrued when the injurious acts took place, and since the statutory two-year limitation upon the bringing of tort actions was applicable, …

Go to article

Appendicitis In Law, Kurt Garve Jan 1936

Appendicitis In Law, Kurt Garve

Kentucky Law Journal

No abstract provided.

Go to article

A Sterilization Statute For Kentucky?, George T. Skinner Jan 1934

A Sterilization Statute For Kentucky?, George T. Skinner

Kentucky Law Journal

No abstract provided.

Go to article

Torts - Release Of One Responsible For Injury As Bar To Action Against Physician For Malpractice - Splitting Cause Of Action Jun 1932

Torts - Release Of One Responsible For Injury As Bar To Action Against Physician For Malpractice - Splitting Cause Of Action

Michigan Law Review

In an action brought for damages arising out of alleged negligent treatment of an injury, defendant pleaded a general release of the city of Minneapolis and other alleged joint tort-feasors whom plaintiff had first sued for damages resulting from the injury. In affirming the judgment for defendant on the pleadings, held, that the release barred the cause of action. Smith v. Mann (Minn. 1931) 239 N. W. 223.

Go to article

Malpractice Actions And Compensation Acts, Paul A. Leidy Mar 1931

Malpractice Actions And Compensation Acts, Paul A. Leidy

Michigan Law Review

S, an employee, is injured as the result of the negligence of his employer, M; S is taken for treatment to the office of X, a competent physician or surgeon selected by S or by M; on this particular occasion X is negligent and as a result of X's negligence S's two weeks' injury is aggravated and the period of disability becomes one of two months' duration. At common law, inasmuch as the original injury was one for which M was legally responsible, S could recover from M for the entire disability-that resulting directly from the original negligence of M …

Go to article

Evidence--Physician-Patient Privilege--Express And Implied Waiver Dec 1930

Evidence--Physician-Patient Privilege--Express And Implied Waiver

Michigan Law Review

Defendant's intestate applied for insurance with "plaintiff, expressly waiving, for himself and beneficiaries, the privilege of excluding testimony of physicians who had then attended him or might do so later. The policy lapsed, but the insured, falsely representing that he was in good health and had consulted no doctor for any cause, secured a reinstatement. He died six months later. Plaintiff sued for cancellation, and defendant objected to the testimony of physicians who had been consulted before and after the reinstatement. Held, the testimony was admissible, since the privilege was waived; also the mere fact that there were consultations …

Go to article

Surgeon's Liability For Operation Without The Patient's Consent Mar 1928

Surgeon's Liability For Operation Without The Patient's Consent

Michigan Law Review

Under the maxim volenti non fit injuria, a surgeon may inflict upon the body of his patient what otherwise would amount to a technical battery. The consent of the patient justifies the application of force to his person. Zoterell v. Repp, 187 Mich. 319, 153 N.W. 692; Robinson v. Crotwell, 175 Ala. 194, 57 So. 23; King v. Carney, 85 Okla. 62, 204 Pac. 270; POLLOCK, TORTS, 159; BURDICK, LAW OF TORTS, 110; TORTS, RESTATEMENT No. 1, Sec. 66. A generally accepted limitation to this doctrine is that consent to the commission of an unlawful act …

Go to article

Vasectomy, C. Severin Buschmann Dec 1926

Vasectomy, C. Severin Buschmann

Indiana Law Journal

No abstract provided.

Go to article

Recent Important Decisions, Michigal Law Review Feb 1910

Recent Important Decisions, Michigal Law Review

Michigan Law Review

Appeal and Error--Attorney's Interest in Case on Appeal--Contingent Fee; Bankruptcy--discharge--subsequent Action for Fraud; Bills and Notes--Usury No Defense Against a bona Fide Holder--Construction of Negotiable Instruments Statute; Boundaries--Street, Terminus A Quo; Carriers--Hepbern Act--State and Federal Courts--Phrase "Caused by It"; Chattel Mortgages--Payment without Notice of Assignment--Construction of a Mortgage Provision; Constitutional Law--Equal Protection of Laws--Statute Requiring Screens on Cars Operated by Corporations; Constitutional Law--Equal Protection of the Laws--Class Legislation; Contracts--No Recovery Under an Entire Illegal Contract; Contracts--Validity of Contract in Contemplation of Divorce; Courts--Federal Courts--authority of Decision of State Courts--"Telegraph"; Covenants--Breach of that Against Incumbrances; Elections--Ballots--Indication of Choice by Voter; Evidence--Facts …

Go to article

Recent Important Decisions, Michigan Law Review Jun 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …

Go to article

Christian Science And Religious Liberty, Edward W. Dickey Feb 1906

Christian Science And Religious Liberty, Edward W. Dickey

Michigan Law Review

Prominent among the expressions of religious thought in this country in recent years is that of Christian Science. Its teaching in regard to the healing of disease without any material agencies has called forth many comments on the question of religious liberty. As it has attracted to it a large and ever increasing number of intelligent and law-abiding citizens, all over the country, and as there have been several efforts to partially or totally restrict its practice as a means of healing, by proscriptive legislation, we deem it proper to set forth, in a general way, some of the questions, …

Go to article

Note And Comment, Michigan Law Review Feb 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Fayerweather Will Case; Conveyance of Land Includes Building material Fitted For Use Thereon; The Waiver of Fatal Defects in an Indictment; Consolidation of Railroads and Condemnation of Shares of Dissenting Stockholders; Compulsory Vaccination; Confidential Communications Between Physician and Patient; The Law on the Panama Canal Zone;

Go to article

Note And Comment, Michigan Law Review Dec 1904

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School; The New Schools of Healing; When the Exercise of Judicial Discretion is not Due Process of Law; Mandamus to Compel the Installation of a Telephone in a Bawdy House Denied; The Division in the Republican Party in Wisconsin; A Novel Extension of Federal Jurisdiction; The Session Laws of Porto Rico

Go to article

Note And Comment, Michigan Law Review Dec 1903

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School; the Mostly Edicuation Commission; Penal Statute--"medical Attendance"--Devine Healing--Constitutional Law; Validity of a Note Given to an Unlicensed Practitioner of Medicine for Medical Services When the Note has Passed Before it is Due to a Bona Fide Purchaser for Value and Without Notice; Parties--Joining Representative of Deceased Joint Obligor--Survivors; Code Pleading--Amendment--Forms of Action; Conflict of Laws--Public Policy--Agreement ot Stifle Prosecution;

Go to article

Note And Comment, Michigan Law Review Jan 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Statutes Regulating the Practice of Medicine--Osteopathy; Agency--Liability of Agent for Non-Feasance; Constitutional Law--Bible Reading in the Public Schools; Garnishment--Liability of Garnishee--Joint Demand--Illegality--Contingency; Agency--Ratification--Necessity that the Person Acting should have Professed to Act as Agent

Go to article

Healthcare Law, Kathryn Dunnam Harden May 202

Healthcare Law, Kathryn Dunnam Harden

Mercer Law Review

This Article serves as a review of significant healthcare developments in the United States Court of Appeals for the Eleventh Circuit during this past survey period and builds upon Mercer Law Review's past two Healthcare Articles1 in Volumes 69 and 70. Specifically, this Article will cover cases and trends involving Healthcare Fraud.

Go to article

First Prev