Law Commons^™

Workmen's Compensation - Occupational Diseases - Radiation Injury Amendment, Vance A. Fisher S.Ed.

Michigan Law Review

The Kansas Workmen's Compensation Act has recently been amended to take more complete account of the complex nature of injuries which might arise through the increased use of radioactive materials and ionizing radiation. The effect of the amendment is twofold. First, it makes more inclusive the definition of radiation injury as an occupational disease by treating "exposure to ionizing radiation" as a cause of compensable injury. Second, it removes all time limitation periods with regard to the giving of notice and the filing of claims and extends the general limitation period from one year from the date of disablement or …

Lawyers' Medical Cyclopedia Of Personal Injuries And Allied Specialties, Edited By Charles J. Frankel, J. W. Holloway, Jr., Paul E. Mcmaster, Kenneth R. Redden, Frederick P. Bamberger

Indiana Law Journal

No abstract provided.

Privileged Communications Between Physician And Patient, By Clinton Dewitt, Austin V. Clifford

Indiana Law Journal

No abstract provided.

Insuring Against Medical Professional Liability, Bernard D. Hirsh

Vanderbilt Law Review

The purpose of this article is to analyze the protection provided in medical professional liability policies. Part I consists of a discussion of some of the factors involved in the purchase of malpractice insurance and an examination of the principal insuring agreements, exclusions, and conditions stated in the standard policy. Part II is a summary of the results of a questionnaire sent by the Law Division of the American Medical Association to insurance companies to determine their opinions regarding insurance coverage in a series of hypothetical cases.

The Care Required Of Medical Practitioners, Allan H. Mccoid

Vanderbilt Law Review

"Into whatever houses I enter, I will go into them for the benefit of the sick, and will abstain from every voluntary act of mischief and corruption." -Oath of Hippocrates.

These words, allegedly formulated by the "Father of Medicine,"define the duties which physicians and surgeons over the years have sworn to perform toward those whom they undertake to treat. Like many oaths, however, the noble sentiments of the Greek physician are not sufficient to provide protection for the public. This is evidenced by the fact that over the twenty year period from 1935 to 1955, according to a survey made …

Modern Techniques In The Preparation And Trial Of A Medical Malpractice Suit, Fitz-Gerald Ames Sr

Vanderbilt Law Review

Though it is true that in malpractice suits more than in any other type of litigation, the plaintiff must have a strong case on the merits, it is equally important and almost a necessity in most malpractice cases that patient's counsel carefully and thoroughly condition the jurors' minds from the very outset to a psychological acceptance of this type of litigation. Far too many veniremen, before they have been selected as trial jurors in a malpractice suit, have the attitude that (1) a "malpractice" suit connotes conduct either criminal, quasi-criminal or unethical on the part of the doctor or hospital; …

Liability For Negligence Of Pharmacists, George S. King

Vanderbilt Law Review

The purpose of this article is to discuss the liability of pharmacists for professional negligence.' Thus it will be limited to that conduct which arises out of their professional activity and is to be distinguished from liability which may arise out of their activity as a storekeeper or a druggist, using the latter term in the general sense to include all those who operate a drug store or in any fashion engage in the business of supplying drugs, whether licensed pharmacists or not. For example, the pharmaceutical manufacturer may well be classed as a druggist, but his legal responsibilities would …

Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.

Michigan Law Review

The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …

Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross

Michigan Law Review

A number of recent events makes it timely to reconsider certain aspects of the relation between psychiatry and the law. In the past decade, both the public and the legal profession have been increasingly concerned with the impact of mental illness on the law. In 1952, an outstanding text, Psychiatry and The Law, was published as the joint effort of a lawyer and a psychiatrist. Two years later the Durham case laid down a new test of insanity in criminal cases, rejecting the M'Naghten rule. Interest in the case resulted in a host of law review articles, symposiums, and …

Psychology, Mental Illness, And The Law--A Postscript On Epilepsy, Lee Silverstein

West Virginia Law Review

No abstract provided.

Torts - Mental Distress - Recovery Against Original Wrongdoer For Fear Of Cancer Caused By Subsequent Medical Advice, Paul Gerding

Michigan Law Review

Plaintiff, suffering from bursitis in the right shoulder, received X-ray treatments from defendant physicians. Subsequent thereto, plaintiff's shoulder began to itch, scab, and blister for several years, a condition diagnosed as chronic radiodermatitis caused by the X-ray therapy. Approximately two years after the treatments, plaintiff was examined by a dermatologist who advised her to have her shoulder checked every six months because the area might become cancerous. Plaintiff then developed a severe "cancerphobia," an apprehension that she would ultimately develop cancer from the radiation burn. Plaintiff brought a malpractice suit against defendant physicians, seeking recovery for the physical injury and …

Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart

Cleveland State Law Review

Since the passage of three centuries has seen the explanation for excessive drinking progress from a vice to a disease, it is pertinent to have a brief study of the recent findings about alcoholism in order to compare these newer medical concepts with some of the legal principles on drunkenness which have been long and firmly established in the law.

Medical Aspects Of Chemical Tests For Intoxication, Philip Jones

Cleveland State Law Review

Three chemical tests are most frequently used. These are the estimation of the alcohol content of the (1) blood, (2) urine, and (3) breath. Each of these shows a reasonably accurate estimation of the degree of intoxication provided certain precautions are observed. Unfortunately, under some circumstances the results of these tests may be misleading and be invalid in evidence. In order to appreciate these limitations it is necessary to understand the physiology of the absorption and excretion of alcohol in the body.

Optometrists' Tort Liability, Gerald F. Sweeney

Cleveland State Law Review

The question "Do you need glasses?" should be answered in the affirmative by many people, nowadays. Most of us, at some time, find it necessary to visit one of the many establishments for the correction of defective vision. When the time does arrive, we are confident that our chosen "professional" will fill our needs adequately, yet, mistakes and oversights occur. What happens when a serious injury occurs as a result of this possibility? This article attempts to answer that question briefly.

Editors' Preamble, Cleveland-Marshall Law Review

Cleveland State Law Review

Current problems in the law applicable to hospitals, and closely collateral matters, are treated in this Symposium--chiefly in the light of recent trends towards abolition of the legal immunity of voluntary hospitals from liability for the torts of their agents. Emphasis has been placed on some problems not often discussed in legal literature.

Tort Liability Of Hospitals, B. Joan Holdridge

Cleveland State Law Review

In recent years, hospitals have undergone changes both in their financial and physical structures. These changes have resulted in a general alteration of the attitude of the courts toward the liability of hospitals for their torts. From a position of almost total immunity the pendulum is rapidly swinging toward liability generally for their negligence. Since most jurisdictions classify hospitals into three types: private, charitable, and public, when determining their liability or particular acts, this article will discuss each of these classes separately. However, for the sake of convenience, the general rules of liability will be set forth in the discussion …

Physician's Use Of Hospital Facilities: Right Or Privilege, Jewel Hammond Mack

Cleveland State Law Review

The issue is clear: Do the hospitals exist primarily as corporations (business entities), of primary concern only as "private preserves" governed solely as their administrators wish?Or do the hospitals exist primarily as facilities for medical aid to the public; as instrumentalities for physicians to use in aiding the public? Put otherwise, the issue is: Do doctors exist for the convenience of hospitals, or hospitals for the convenience of doctors? Should public interests or hospital management interests come first?The answers are obvious. The law as it is now is contrary to the public's interests.

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), …

Food Additives Law And Practice, Milton Oppenheim

Cleveland State Law Review

A decision of the United States Supreme Court on Dec. 15, 1958, interpreting the Federal Food Drug & Cosmetic Act, has focused attention on the use of coloring and other materials in foods, drugs and cosmetics. This requires a complex study of the effects of the various food additives, contaminants and chemicals upon the individual, whether intentionally added or accidently produced, in foods, drugs and cosmetics. Evaluation of the tremendous group of food additives can best be approached in the light of the benefits intended by the manufacturer or grower using them.

Torts Of Administrative Personnel Of Hosptials, Rathuel L. Mccollum

Cleveland State Law Review

The purpose of this article is to review and analyze cases in which torts have been committed by hospital personnel who may be considered as administrative employees.

Paternity And Prolonged Pregnancy, Irwin N. Perr

Cleveland State Law Review

The question of paternity and prolonged pregnancy is a subject not only of great professional interest to lawyers and physicians, but is one that all of us find sometimes intriguing, sometimes humorous, and sometimes tragic.

Non-Profit Hospitals And Labor Unions, Esther Weissman

Cleveland State Law Review

This article examins the relationship between non-profit hospitals and labor unions.

Medical Malpractice Suits: A Physician's Primer For Defendants, Miley B. Wesson

Cleveland State Law Review

This paper is a primer for physicians and their counsel, outlining ways of avoiding a malpractice suit and what to expect in court. My first county medical society appointment in 1912 was as chairman of the legislative committee, and in the years intervening I have had wide experience advising doctors, helping defense attorneys, appearing in court many times as an expert witness, and as a defendant. So I speak from experience. The suggestions as to technique are, in the main, from the recordsm of three cases (containing photostatic copies of all office and hospital records, pyelograms, detective reports, etc.), loaned …

Doctor, Lawyer, And Hosptial Administrator: A New Triangle, Howard L. Oleck

Cleveland State Law Review

Hospitals are deeply invovled in the great majority of medicolegal case problems. Yet surprisingly little attention has been given to the relation of the hospital to doctor lawyer-patient situations as a factor in itself. Most discussions of hospitals and law deal generally with hospital liability for negligence of hospital agents-as though the hospital were a monolithic entity in itself. Lawyers seldom look further into the relation of the doctor to the hospital administration and vice versa; deeming this to be a matter of small concern to them. Doctors, of course, know well the importance of hospital politics and procedures to …

Surgery Of Major Blood Vessels: Standards Of Care, Victor G. Dewolfe

Cleveland State Law Review

This article presents a "technical standards of care." approach to the question of malpractice. The article describes a common disease, its symptoms and proper diagnosis, proper methods of treatment and surgery, and the probable results. The footnotes give briefly the various aspects of liability of the physician for malpractice, which liability may arise due to mistakes, negligence or unexpected occurrences in this type of treatment.

Post-Traumatic Epilepsy And The Law, Irwin N. Perr

Cleveland State Law Review

Post-traumatic epilepsy is a condition of great importance to the lawyer in personal injury work in that it can result from injury. In any specific case, it must be differentiated from epilepsy resulting from other causes. In addition, it is an unusual entity in that it may develop long after the injury. Therefore the probability or improbability of such a complication may be an important medicolegal consideration. This paper analyzes many of these factors and illustrates how present knowledge can be better used in the legal handling of such problems.

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 …

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 …