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Medical Jurisprudence

Cleveland State University

Journal

Malpractice

Articles 1 - 15 of 15

Full-Text Articles in Law

Should A Physician Apologize For A Medical Mistake? – The Controversy Over The Effectiveness Of Apology Law Statutes, Samuel D. Hodge, Jr. Nov 2020

Should A Physician Apologize For A Medical Mistake? – The Controversy Over The Effectiveness Of Apology Law Statutes, Samuel D. Hodge, Jr.

Cleveland State Law Review

There are two approaches that health care providers can pursue in handling a medical error. Is it better for a physician not to admit a mistake and aggressively defend the claim or apologize and try to amicably resolve the matter? There has been a growing movement for physicians to offer words of sympathy or to apologize for a medical mistake as a way of minimizing the impact of a medical error and reducing the chances of a malpractice claim. There are a number of benefits to this approach but critics maintain that an apology is a useless gesture with an …


Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise Jan 2000

Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise

Journal of Law and Health

This note examines "consensual" sexual relationships between non-mental health physicians and patients. More specifically, it examines whether such relationships ever amount to medical malpractice. Generally, a non-mental health physician would be liable under the rubric of medical malpractice only if the sexual relationship was commenced under the guise of "medical treatment." Recent cases, however, have expanded liability in certain circumstances when the physician-patient relationship has involved "counseling matters." "Counseling matters" describes talking to patients about their feelings, or discussing personal problems not necessarily related to their proposed treatment. Medical treatment supplemented by "counseling" purportedly requires greater scrutiny due to the …


A Proposal To Recognize A Legal Obligation On Physicians To Provide Adequate Medication To Alleviate Pain, Tonya Eippert Jan 1998

A Proposal To Recognize A Legal Obligation On Physicians To Provide Adequate Medication To Alleviate Pain, Tonya Eippert

Journal of Law and Health

This note seeks to show how the current practice among medical practitioners in the United States, by treating pain retroactively after it begins, is inadequate. Administering narcotics to patients on an "as needed" basis unnecessarily prolongs pain and suffering. A more effective approach, which is advocated by the Agency for Health Care Policy & Research (AHCPR), is to treat pain preventatively rather than retroactively. The myth that pain medication is addictive, and that physicians should therefore prescribe as little pain medication as possible, is just that, a myth. Patients are suffering pain in today's hospitals and at home unnecessarily. Given …


Surgery By An Unauthorized Surgeon As A Battery, Thomas Lundmark Jan 1996

Surgery By An Unauthorized Surgeon As A Battery, Thomas Lundmark

Journal of Law and Health

This article examines the policy issues behind the doctrine of informed consent and reviews the decisional law and policies on the topic of ghost surgery. Jury instructions employed in California are also addressed. The author concludes that substitution of surgeons should not automatically prompt liability for a battery. The public policy behind the informed consent doctrine is to favor patients' self-determination over the doctor's paternalism. Imposition of liability for battery in a case where the defendant does not knowingly deviate from the consent is not necessary to effectuate this purpose.


The Nursing Profession In The 1990'S: Negligence And Malpractice Liability, Frank J. Cavico, Nancy M. Cavico Jan 1995

The Nursing Profession In The 1990'S: Negligence And Malpractice Liability, Frank J. Cavico, Nancy M. Cavico

Cleveland State Law Review

Since expanded responsibility portends increased liability, a thorough understanding of the law must be achieved for nurses' rights to be adequately protected and for nurses to be held properly accountable for their legal obligations. This work examines the legal rights, responsibilities, and particularly the potential legal liability of the nurse, in the contexts of modem nursing practice and current statutes and case law. The work focuses on one major aspect of the nurse's legal liability -the tort, or civil wrong, of negligence.


Malpractice By Veterinarians, Martin J. Strobel Jan 1966

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.


Malpractice In Dental Anesthesiology, Allen L. Perry Jan 1964

Malpractice In Dental Anesthesiology, Allen L. Perry

Cleveland State Law Review

Cases invovlving dental anesthesia reveal that breaches of the duty to use proper skill and care have occurred in selection of the type of anesthetic, method of administration, failure to examine the patient, use of unsterile instruments, failure to use safety devices, and failure to properly care for patients under the influence of anesthesia. Persons practicing dental anesthesiology, like those pracing medicine and surgery, must be duly able and careful. This rule is elementary and is founded on considerations of public policy. Whenever the behavior of a dentist or dental anesthesiologist has been of a nature such that a dereliction …


Contibutory Negligence In Medical Malpractice, W. David Alderson Jan 1963

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 …


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.


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.


Malpractice In The United Kingdom, R. Bryce-Smith Jan 1961

Malpractice In The United Kingdom, R. Bryce-Smith

Cleveland State Law Review

No law exists which precisely determines the liability of a medical practitioner in respect of his patients. However, the basis of a practitioner's responsibility is that he should "exercise a reasonable degree of skill and care." The principle was first evoked in the case of Lanphier v. Phipos (1838) and it is obvious that in the absence of any more exact requirements, considerable latitude exists. Gradually, various decisions of the courts have limited the field of responsibility, and indicated to some extent what is meant by "reasonable skill and care." With the exception of these modifications, the law has not …


Standard Of Care Of Medical General Practitioners, Milton Oppenheim Jan 1960

Standard Of Care Of Medical General Practitioners, Milton Oppenheim

Cleveland State Law Review

The law takes into account such matters as differences in various schools or systems of medicine, the state of medical acumen and knowledge, the established mode of practice, the locality, and conditions of practice. To reach a logical standard for physicians, and especially for that segment of the profession designated as "the general practitioner," various requirements are recognized by the law. Some courts insist that the degree of care and skill shall be commensurate with the advanced state of the science at the time of rendition of the service. This concept of the amount or degree of scientific medicine must …


Anesthesiology And The Law - In The Long View, Carl E. Wasmuth Jan 1960

Anesthesiology And The Law - In The Long View, Carl E. Wasmuth

Cleveland State Law Review

Anesthesiology is the youngest of the medical specialties. Born of surgical parents, it was nurtured through its infancy by well-meaning and dedicated physicians. Even now this specialty is one of the most litigated fields of medicine, rivaling radiology, surgery, and plastic surgery. This, however, is at best a dubious distinction. Considering the nature of the specialty, one can easily understand the reason. In the hands of the anesthesiologist rests the life of every patient undergoing a surgical operation.


Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr Jan 1960

Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr

Cleveland State Law Review

The problem of suicide is a prominent public health problem in this country. Physicians and hospitals have an obvious concern, as do the law courts, where actions for wrongful death and negligence may involve suicide as a result of a tortious act. This paper will restrict comment to the principles and application of present law as to the responsibility of the psychiatric hospital and the psychiatrist and a discussion of some of the applicable psychiatric factors.


Standards Of Care In Anesthesiology, Carl E. Wasmuth Jan 1958

Standards Of Care In Anesthesiology, Carl E. Wasmuth

Cleveland State Law Review

Diplomates of the American Board of Anesthesiology must meet the rigid requirements of this specialty. Anesthesiologists in all sections of the country must meet the same requirements. Hence, the anesthesiologist in a small town is as well qualified as the anesthesiologist practicing in a large city. With this basic premise in mind, it is not difficult, therefore, to set down the medical standards of care in anesthesiology - which in turn determine the legal standards of care in this specialty.