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Articles 1 - 11 of 11
Full-Text Articles in Law
Whiplash Internal Carotid Artery Occlusion And Hemiplegia, Harry A. Gair
Whiplash Internal Carotid Artery Occlusion And Hemiplegia, Harry A. Gair
Cleveland State Law Review
When an apparently normal healthy individual, engaged in a business, trade or profession, within a week following an automobile collision in which his neck experienced the hypermotility and torsional force known as "whiplash," suffers a "stroke" and is left permanently hemiplegic, it would be naive to suppose that those affected by such an affliction would meekly ascribe it all to pure coincidence, and not concentrate their fullest attention on the possible connection between the two events.
Semantics Of Traumatic Causation, Richard M. Markus
Semantics Of Traumatic Causation, Richard M. Markus
Cleveland State Law Review
Sometime before the trial of every personal injury case, each lawyer involved must make sure that the physicians whom he will call to testify understand the legal meaning of certain medical words. Counsel have not sufficiently prepared their case from a medical viewpoint, when they have ascertained the trauma sustained and its medical consequences. The lawyer must also educate the doctor about legal technicalities which will control the significance of the doctor's testimony. Among the most important formal requirements on the physician's testimony are those which relate to the language of causation. This article will discuss the views of various …
Ocular Effects Of Whiplash, James Jay Brown
Ocular Effects Of Whiplash, James Jay Brown
Cleveland State Law Review
The purpose of this article is to show how one may establish a cause of action for eye damages caused by whiplash trauma by presenting current medical literature which proves a cause and effect relation. Considering the vast complexity of the ocular mechanism, and its connection with the cervical spine region, a neuro-muscular-skeletal explanation of these areas will precede the medical documentation. Court decisions supporting petitions for this type of eye damage are unavailable. However, in order to show that whiplash trauma has, in the past, included some ocular disturbances, a few cases will follow the documentation in support of …
Recent Traumatic Disease Claims, Henry B. Fischer
Recent Traumatic Disease Claims, Henry B. Fischer
Cleveland State Law Review
Claimants over the years have alleged a causal relation between trauma and almost every conceivable disease. Medicolegal literature abounds with articles concerning the relation between trauma and the more commonly occurring diseases, such as cancer, diabetes, arthritis, bursitis, heart disease, multiple sclerosis, and epilepsy. Numerous books wholly devoted to the relation of trauma and disease, have been written.This article is primarily concerned with cases wherein an allegation is made that a single trauma caused a disease.
Traumatic Miscarriage, Beryl W. Stewart
Traumatic Miscarriage, Beryl W. Stewart
Cleveland State Law Review
Attorneys are confronted by an ever increasing amount of litigation concerning miscarriage occasioned by physical and physic trauma. The proof and evaluation of the proximate cause of miscarriage is perplexing. The subject of miscarriage is not a matter of common knowledge, hence the members of the jury are not competent to determine, without expert testimony, whether trauma is the proximate cause of the miscarriage. To add to the burden of proof, the courts have not always adhered to correct medical terminology. But it is particularly important that the correct terms be employed, and expert testimony must be given by competent …
Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake
Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake
Cleveland State Law Review
The purpose of this article is: (1) To define traumatic neurosis on a medico-legal basis. (2) To determine when damages may be recovered for traumatic neurosis through a review of recent cases.
Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr
Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr
Cleveland State Law Review
The word "versus" in the title presents what we think is one of the most important problems of plaintiff trial lawyers today. After years of preparation, we submit our case to a jury; our medical witnesses offer testimony based on long time observation, treatment and evaluation. Then, in walks the defendant's doctor and proceeds to plunge a dagger into our case by calling our client either a malingerer or a neurotic, or just a plain liar. He testifies that he saw none of the objective signs that our medical examiners found, and concludes that all of the subjective complaints are …
Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach
Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach
Cleveland State Law Review
It is amazing how little attention is paid by the trial lawyer to the enormous impact of traumatic injuries upon the human body. Generally, the trial lawyer is content with a woefully inadequate knowledge about the body, and the meaning of but a few medical terms. It is the purpose of this article to arouse the interest of those previously immune to the suggestions of the importance of a fuller knowledge of this subject and to point the way toward those wonderful repositories of information that should beknown by all. [Appended to these remarks is a bibliography of recommended books, …
Statute Of Limitations In Cases Of Insidious Diseases, Elmer I. Schwartz, Byron S. Krantz
Statute Of Limitations In Cases Of Insidious Diseases, Elmer I. Schwartz, Byron S. Krantz
Cleveland State Law Review
The industrial revolution and technological development have brought concomitant legal problems unheard of at the common law. Fundamental principles of law evolved to incorporate the changes necessary to rule over a new way of life. Some of the problems of industrialization have been solved, others are in a state of flux, while myriad others are as yet unknown. This article concerns itself with one of the incidents of complex industrial progress-insidious disease, as viewed in the light (or dark) of the statute of limitations.
Legal Relation Of Trauma To Cancer, Isidore Halpern
Legal Relation Of Trauma To Cancer, Isidore Halpern
Cleveland State Law Review
When a lawyer attempts to discuss the subject of cancer, he finds himself in the position of the nursery rhyme figures, Winken, Blinken and Nod, who attempted to sail a stormy, turbulent sea in a frail washtub. How does the lawyer feel with respect to the medical questions presented by the problem of relation of an isolated trauma to cancer? My legal colleagues disagree violently amongst themselves. I approach the entire subject with humility.
Contibutory Negligence In Medical Malpractice, W. David Alderson
Contibutory Negligence In Medical Malpractice, W. David Alderson
Cleveland State Law Review
Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient's own negligence. In the second, the patient's negligence directly contributes to the severity of an injury already present because of the physician's negligence. The plaintiff-patient's damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time …