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Full-Text Articles in Law
Save Thousands Of Lives Every Year: Resuscitate The Peer Review Privilege, Alan G. Williams
Save Thousands Of Lives Every Year: Resuscitate The Peer Review Privilege, Alan G. Williams
Journal of Law and Health
Doctors make mistakes—preventable medical mistakes—that kill or seriously injure patients. The best way to reduce these preventable errors is through a medical peer review process typically referred to as a "morbidity and mortality conference." However, over the past twenty years, federal and state courts, state legislatures, and state voters have effectively gutted the morbidity and mortality conference (M&M) as a remedial and preventative tool, resulting in tens of thousands of unnecessary deaths every year. Doctors need our help restoring the effectiveness of M&Ms. Congress has created the means to do so; now, all the courts need do is use it. …
The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.
The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.
Cleveland State Law Review
There have been considerable charges and counter-charges the United States Food and Drug Administration's role in protecting the consumer, at least as far as the medical profession is concerned. The FDA has absolutely no intention nor desire to assume the role of the physician or to interfere with the bona fide practice of medicine. Why the complaints by some the FDA's actions on drugs, including drug labelling, drug recall and the withdrawal of certain drugs from the market, constitute attempts to interfere with the practice of medicine? It is possible that one of the reasons, and perhaps the principal one, …
Rx For Malpractice, Albert Averbach
Rx For Malpractice, Albert Averbach
Cleveland State Law Review
Every tragedy that becomes the subject of extensive coverage by the news media shortly turns into a focal point of malpractice litigation. This, of course, is inevitable and will ever be thus. Doctors for many years have been "spoon fed" stories and warnings about malpractice suits and hazards. Nothing, however, has been constructively advocated as to how this tide can be stemmed or what can be done in the face of it. Some years ago, Mark Twain wrote, "Everybody talks about the weather, but nobody does anything about it." It is our objective in this article to not only alert …
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 …
Relationships Of The Medical Examiner, Cyril H. Wecht
Relationships Of The Medical Examiner, Cyril H. Wecht
Cleveland State Law Review
Having set forth these relatively simple definitions, I should like to make a rather bold statement that perhaps will find disagreement among some attorneys and physicians. With all due respect to the many skilled and competent men who are active in various aspects of legal medicine and medical jurisprudence, I would suggest that no one field is so intrinsically and unqualifiedly bound up in the practice of legal medicine as is the work of the medical examiner. Again reverting to definitions, the medical examiner is one who deals on a full-time professional basis with cases that in almost all instances …
Hospital Privileges, Bernard D. Herring
Hospital Privileges, Bernard D. Herring
Cleveland State Law Review
Almost daily, judicial decisions are handed down, affecting the practice of medicine. As a consequence the rights and responsibilities of physicians are in a state of flux. We must remain vigilant and view these changes critically but objectively, realizing that there will be a constant need for evaluation of these changing legal concepts, especially as they relate to staff privileges, for such privileges are in no small way associated with such highly volatile subjects as procedural fairness, restraint of trade, religious freedom, and racial discrimination.
Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.
Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.
Cleveland State Law Review
In the September 1959 issue of the Cleveland-Marshall Law Reivew, Mr. Howard Oleck, Assistant Dean and Professor of Law of the School, has written an article discussing the legal relationships of physician, lawyer, and hospital administrator. While he addresses himself primarily to the legal relationships between these three groups, his article also concerns itself to some extent with the professional and administrative relationships involved. The article then goes on to discuss the case of Morwin v. Albany Hospital, and certain conclusions are drawn from the author's interpretation of this case which he applies to the "triangle" of doctor, lawyer, and …