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Articles 1 - 8 of 8
Full-Text Articles in Law
Malpractice By Veterinarians, Martin J. Strobel
Malpractice By Veterinarians, Martin J. Strobel
Cleveland State Law Review
The veterinarian's liability is measured by the same basic standards applicable to physicians and surgeons. In both fields the technical nature of the malpractice action creates special problems. To determine the issue of liability the jury must identify both the historical facts and the standard of care. Attempting to resolve issues of medical fact may be difficult for a lay jury; such resolution demanding as it does, not merely an appraisal of the witnesses' demeanor and character, but an evaluation of their stories in the context of the situation giving rise to the cause of action.
How To Handle Medico-Legal Semantics, Hugh Miracle
How To Handle Medico-Legal Semantics, Hugh Miracle
Cleveland State Law Review
One of the main objectives of counsel in evidence presentation, both from the plaintiff and the defense side, is to instill in the minds of the jury a sufficiently clear and understandable knowledge of the medical facts of the case. In order to reach such a result, it is helpful to consider the medico-legal work in a trial from the viewpoint of semantics.
Should Courts Set Doctors' Fees, Russell J. Glorioso
Should Courts Set Doctors' Fees, Russell J. Glorioso
Cleveland State Law Review
Should courts set doctors' fees? This short query has interesting ramifications. Initially, the question seems to demand an unqualifiedly negative answer. It is adverse to our system of free enterprise. It is socialized medicine. It is unconstitutional. Responses like these can be heard not only from the medical profession but from the conservative members of the public as well. Modem legislation, in attempting to regulate an ever expanding population, is constantly moving towards more and more social control. Rephrase the initial question to read, "should courts regulate workmen's compensation or Medicare?" What then, would the same people answer? And, yet, …
How To Handle An Anesthesia Injury Case, Albert Averbach
How To Handle An Anesthesia Injury Case, Albert Averbach
Cleveland State Law Review
The criteria of competence of the trial lawyer handling a medical malpractice case is, does he have at least as much if not more knowledge of the practice and procedure involved in the case than the defendant physician. In no place is this more true than in the field of anesthesiology. This is not, of course, to suggest that the attorney can compete with the physician in practical experience. But, it is to propose that many valid anesthesia malpractice cases result in nonsuits and that plaintiff's verdicts which are overturned on appeal are almost invariably lost due to insufficient evidence, …
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
Cleveland State Law Review
To many a physican, law suits, courts, and occasionally law- yers themselves are anathema. Schooled in the sciences, his life is dedicated to the practice of medicine. He is a man of conviction and of purpose. He is articulate and even at times loqua- cious. These qualities would lead one to believe that the physician would be well equipped, quite willing, and capable of appearing as an expert witness in a court of law. Quite to the contrary, the physician most generally is unwilling to be a legal witness. In fact, the entire subject of law suits often is repugnant …
Traumatic Cancer, Theodore Dyke
Traumatic Cancer, Theodore Dyke
Cleveland State Law Review
The relationship of trauma to cancer may be of minimal import to the medical world; however, it is extremely important to the attorney from the point of view of compensation. The real problem is that no one knows what "causes"cancer. The present state of the medical art indicates that a given cancer may be caused by any of a number of factors, acting singly or jointly. Trauma is one of these factors, but the exac teffect of a single trauma in causing cancer is unknown. Medical experts will honestly differ in their opinions, because in fact they are frequently just …
Blood Transfusions And Serum Hepatitis, Richard W. Dunn
Blood Transfusions And Serum Hepatitis, Richard W. Dunn
Cleveland State Law Review
Some definitive articles are available which succinctly state the problems and complications involved in the medical analysis and transfusion of blood. Similarly, general blood transfusion problems and the law applicable to each problem area (sensitization- mistyping-mislabeling-emergency situations-transmission of disease-risks-theories on liability) are represented in many works. One of the most troublesome of the transfusion-transmitted diseases is homologous serum hepatitis (HSH).
Causation In Death After Trauma With Pre-Existing Cardiac Disease, S. R. Gerber
Causation In Death After Trauma With Pre-Existing Cardiac Disease, S. R. Gerber
Cleveland State Law Review
Adoption of commonly used words as synonyms for more precise terminology accepted for use within a profession leads to confusion when two or more professions employ the same word with different connotations. Thus, cause of death implies to the physician the etiology of the condition responsible for the terminal morbid process. In this respect, the physician considers the cause of death as the ultimate result of interaction of several conditions rather than a single entity.