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Articles 1 - 13 of 13

Full-Text Articles in Law

Hyperbaric Medicine And The Law, Carl E. Wasmuth, John Homi, Donald E. Hale Jan 1965

Hyperbaric Medicine And The Law, Carl E. Wasmuth, John Homi, Donald E. Hale

Cleveland State Law Review

With the construction of such sophisticated facilities as the hyperbaric chamber now contemplated, it might be well to seek out possible legal pitfalls in the application of high pressure oxygen equipment in the treatment of suspected or proved diseases in the human. A comprehensive discussion of the law as it applies to hybaroxia must include design, manufacture, installation, inspection, and use of the facility involved, also, the liability of the manufacturer, of the hospital, and of the physician. Legal literature reveals few cases in which these facets of the law have been discussed with special regard to the hyperbaric facility., …


Stress-Caused Heart Attacks, Chester M. Denwicz Jan 1965

Stress-Caused Heart Attacks, Chester M. Denwicz

Cleveland State Law Review

Current statistics demonstrate that almost any person may be suffering from some degree of hypertension or arteriosclerosis, and that if he enjoys an extended life span, he is likely to sustain a "heart attack" from which his chance of dying is great. Cardiovascular disease has, therefore, become an incident of modern living, and cardiovascular injuries are one of the most controversial areas of liability in the field of workmen's compensation. The conflict concerning heart cases, and especially those related to the "stress incurred," arises primarily from the difficulty of proving causation. The confusion arising from conflicting judicial construction of terms …


Relationships Of The Medical Examiner, Cyril H. Wecht Jan 1965

Relationships Of The Medical Examiner, Cyril H. Wecht

Cleveland State Law Review

Having set forth these relatively simple definitions, I should like to make a rather bold statement that perhaps will find disagreement among some attorneys and physicians. With all due respect to the many skilled and competent men who are active in various aspects of legal medicine and medical jurisprudence, I would suggest that no one field is so intrinsically and unqualifiedly bound up in the practice of legal medicine as is the work of the medical examiner. Again reverting to definitions, the medical examiner is one who deals on a full-time professional basis with cases that in almost all instances …


Medical And Legal Aspects Of Human Organ Transplantation, Carl E. Wasmuth, Bruce H. Stewart Jan 1965

Medical And Legal Aspects Of Human Organ Transplantation, Carl E. Wasmuth, Bruce H. Stewart

Cleveland State Law Review

Medical science has now made it possible to transplant kidneys from one individual to another in order to save the lives of patients dying of kidney failure. The use of kidneys from recently deceased patients (so called cadaver donors) is increasing, creating special legal problems in regard to obtaining and using such organs. As techniques of heart, lung, and liver transplantation develop, these legal problems may become even more complex.


Hospital Privileges, Bernard D. Herring Jan 1965

Hospital Privileges, Bernard D. Herring

Cleveland State Law Review

Almost daily, judicial decisions are handed down, affecting the practice of medicine. As a consequence the rights and responsibilities of physicians are in a state of flux. We must remain vigilant and view these changes critically but objectively, realizing that there will be a constant need for evaluation of these changing legal concepts, especially as they relate to staff privileges, for such privileges are in no small way associated with such highly volatile subjects as procedural fairness, restraint of trade, religious freedom, and racial discrimination.


What Should Be In A Malpractice Insurance Policy, Sidney Franklin Jan 1965

What Should Be In A Malpractice Insurance Policy, Sidney Franklin

Cleveland State Law Review

The malpractice insurance policy, also known as Professional Liability Policy, should precisely delineate the coverage, whether partnership or individual, the exact period of the coverage, the exclusions and limitations, the type of practice, the exact premium and the cancellation procedure.


Compensability Of Non-Traumatic Ulcer, Carl L. Stern Jan 1965

Compensability Of Non-Traumatic Ulcer, Carl L. Stern

Cleveland State Law Review

Titles can be misleading. So, lest the writer be accused of unfair legal merchandising, I must declare at the outset that the non-traumatic ulcer is not compensable, given the present state of the law. I cannot claim that the non-traumatic ulcer has never been held compensable. I can only asseverate that no such holding was uncovered in the course of extended examination of workmen's compensation disputes which have reached courts of review.


Due Care By Physicians In Use Of New Drugs, Edward T. Haggins Jan 1965

Due Care By Physicians In Use Of New Drugs, Edward T. Haggins

Cleveland State Law Review

How careful must a physician be in using new drugs on his patients? Before discussing these questions, we must look at three problems: (1) What role does the physician play in the new drug picture? (2) What are some of the new drugs and their side effects, and (3) What steps must a new drug go through before it is placed on the market for public consumption?


Positive Handling Of The Negative X-Ray, Lawrence V. Hastings Jan 1965

Positive Handling Of The Negative X-Ray, Lawrence V. Hastings

Cleveland State Law Review

Defense counsel usually pounce on "negative" x-rays, i.e., ones which show little or no change from before to after the accident. They triumphantly parade admissions from medical witnesses that "the x-rays in the case are totally negative," before a jury which is enormously impressed through abysmal ignorance of what x-rays can and do show. Thus, the problem facing counsel for the injured party is how most persuasively to acquaint the jury with means of properly evaluating x-rays in view of their significant attributes and their deficiencies. Plaintiff's counsel must somehow explain the purpose of x-rays, augment their limited information, and/or …


Conspiracy Of Silence, Richard M. Markus Jan 1965

Conspiracy Of Silence, Richard M. Markus

Cleveland State Law Review

The requirement that independent expert medical testimony establish the proper standard of care and the defendant's failure to meet that standard imposes an almost insurmountable obstacle in many cases. The so-called conspiracy of silence has been recognized, as a matter of judicial notice, by courts in New Jersey, California, and elsewhere. The use of that phrase to describe the unavailability of medical witnesses has particularly dramatic force which impresses a court and jury. However, no apt phrase could detract from the reality of this practical problem which faces an attorney representing a client seeking damages from a physician for professional …


Book Review, John K. O'Toole Jan 1965

Book Review, John K. O'Toole

Cleveland State Law Review

Reviewing Alfred R. Lindesmith, The Addict and the Law, Indiana University Press, 1965


Special Law For Medical Specialists, Bernard R. Koehne, James G. Young Jan 1965

Special Law For Medical Specialists, Bernard R. Koehne, James G. Young

Cleveland State Law Review

We do not question the need for, or the benefits of specialization, but rather point to some of the confusion which results, in legal cases involving the medical specialist. The apparent contradiction that appears in proceedings involving specialists is illustrated by two cases where the patient's heart stopped beating while on the operating table.


Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks Jan 1965

Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks

Cleveland State Law Review

There is a need in most malpractice suits to impress the jury with the operation and effect of the conspiracy of silence,and in most jurisdictions, to do so would apparently not, and certainly should not, result in reversible error if done in a reasonable and temperate manner.