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Articles 1 - 13 of 13

Full-Text Articles in Law

Book Review, Rudolf H. Heimanson Jan 1962

Book Review, Rudolf H. Heimanson

Cleveland State Law Review

Reviewing Albert Averbach and Melvin Belli, eds., Tort and Medical Yearbook, Vol. I, Bobbs-Merrill, 1961


Psychological Assessment Of Brain Damage, Bill J. Barkley Jan 1962

Psychological Assessment Of Brain Damage, Bill J. Barkley

Cleveland State Law Review

We need more emphasis upon courses in Forensic Psychology in our law schools as well as in our graduate departments of psychology. The average clinical psychologist shies away from involving himself in cases that might eventually lead to testifying. The psychologist is not trained to answer with a "Yes" or a "No" and therefore is not accustomed to this procedure in the court room. In my estimation it is time that the clinical psychologist is helped to grow up legally, by having a better understanding of forensics, and it is time the legal profession is helped to grow up by …


Autopsy Evidence, Garcon Weiss Jan 1962

Autopsy Evidence, Garcon Weiss

Cleveland State Law Review

Frequently death results in legal problems, either civil or criminal, the solutions of which depend on the cause of death. The autopsy (necropsy), or post-mortem examination, is the scientific method of determining the cause of death. An autopsy is the careful inspection of the external and internal structures of the body. There are two types of autopsy, the medical autopsy and the medico-legal autopsy. This article is limited to the use of the autopsy for medico-legal purposes, i.e., for obtaining and submitting evidence.


Damages For Potential Residuals Of Brain Injuries, Jerry B. Kraig, Henry A. Hentemann Jan 1962

Damages For Potential Residuals Of Brain Injuries, Jerry B. Kraig, Henry A. Hentemann

Cleveland State Law Review

The seriousness of damage to the head and resultant impairment of the body functions has been given proper cognizance as evidenced by substantial jury awards. Injury to the brain, however, may not only result in immediate damage to the body function but may result in damage that will be experienced at a remote future time.


Ownership Of X-Rays, Ronald J. Harpst Jan 1962

Ownership Of X-Rays, Ronald J. Harpst

Cleveland State Law Review

The question as to who has property rights in x-ray films has been the subject of controversy between physician, attorney, patient and hospital. Although there have been few cases dealing specifically with this problem, the issue often has been raised privately among physicians and in attorney-physician debates. The object of this article is to acquaint the attorney and physician with the main approaches to the problem of ownership of x-rays, and to supplement the various approaches with leading cases.


Medico-Legal Aspects Of The Electroencephalogram, Walter P. Mahle Jan 1962

Medico-Legal Aspects Of The Electroencephalogram, Walter P. Mahle

Cleveland State Law Review

Brain injuries are difficult to prove and the lawyer must use all demonstrative evidence available to him to make the jury aware of the injury to his client. The electroencephalogram, though it has only been used as a diagnostic tool and as demonstrative evidence for the last fifteen to twenty years, is becoming more important in this field. It is becoming a more exact science and, it is believed, will be used more widely in the future. There does not appear to be any great problem of admissibility where they are properly identified, performed by competent technicians, using adequate equipment, …


New Mediocolegal Standards Of Skill And Care, Howard L. Oleck Jan 1962

New Mediocolegal Standards Of Skill And Care, Howard L. Oleck

Cleveland State Law Review

Changes in medical science bring with them many concomitant changes in medicolegal standards of skill and care. In other words, new knowledge in the sense of pure medicine often requires new legal standards of skill and care in the light of that new knowledge.


Informed Consent To Medical Treatment, Milton Oppenheim Jan 1962

Informed Consent To Medical Treatment, Milton Oppenheim

Cleveland State Law Review

Medical malpractice is usually considered in terms of negligent conduct by the physician in the course of the physician-patient relation. Many of the actions are not predicated on the law of negligence, although this type of malpractice undoubtedly is the most common type of litigation. A substantial group of cases deal with unauthorized operations, which are characterized as battery, emerging from lack of informed consent.


Amnesia After Brain Injury, Ewing H. Crawfis Jan 1962

Amnesia After Brain Injury, Ewing H. Crawfis

Cleveland State Law Review

In discussing amnesia, it is first important to point out that it occurs as but one of a number of symptoms of brain injury. While we choose to single it out, we should keep in mind that it exists contemporaneously with, and in relation to, other symptoms.


Physiology Of The Brain And Related Trauma, Edward W. Shannon Jan 1962

Physiology Of The Brain And Related Trauma, Edward W. Shannon

Cleveland State Law Review

The scope of this paper will concern itself with the mechanism of various types of head trauma as well as the immediate and late sequelae of the resulting brain injuries. No attempt will be made to discuss therapy.


Consent To Surgery, Gerald M. Smith, R. Joseph Olinger Jan 1962

Consent To Surgery, Gerald M. Smith, R. Joseph Olinger

Cleveland State Law Review

The legal aspects of a patient's consent to operation, or the lack of such consent, are many and varied. The general rule is that consent of the patient, or of someone authorized to act for him, is necessary in order for a physician to legally operate. This rule is not altered by the fact that an unauthorized operation is slight and ordinarily is not accompanied by serious consequences. Where no consent is present, a surgical operation upon the body is a technical battery, and in the absence of exceptional circumstances, appropriate damages may be recovered from the physician. The question …


X-Ray Malpractice, Lucien B. Karlovec Jan 1962

X-Ray Malpractice, Lucien B. Karlovec

Cleveland State Law Review

Doctors today are subjected to many malpractice suits involving non-surgical injuries. Common among these nonsurgical injuries are x-ray injuries. Most of the injuries produced by x-rays have been excessive skin reactions, i.e., burns, occurring during either diagnostic or therapeutic procedures. The improper use of x-rays can produce damage other than skin burns, i.e., fibrosis (in effect, shrinkage) of internal organs, sterility or prenatal injuries.


Electroencephalography (Eeg) In Head Injuries, Andre A. Weil Jan 1962

Electroencephalography (Eeg) In Head Injuries, Andre A. Weil

Cleveland State Law Review

Clinical electroencephalography has gained remarkably in popularity during the past twenty years. Correspondingly we find it with more frequency in medico-legal problems, particularly the ones pertaining to head injuries.