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Medical Jurisprudence

University of Michigan Law School

Malpractice

Articles 1 - 7 of 7

Full-Text Articles in Law

Malpractice Suits And Physician Apologies In Cancer Care, Eugene Chung, Jill R. Horwitz, John A.E. Pottow, Reshma Jagsi Jan 2011

Malpractice Suits And Physician Apologies In Cancer Care, Eugene Chung, Jill R. Horwitz, John A.E. Pottow, Reshma Jagsi

Articles

Conside the following case: The patient is a 44-year-old woman who presents for radiation treatment of an isolated locoregional recurrence of breat cancer in her chest wall, 3 years after undergoing masectomy. At the time of diagnosis, she had T2N2M0 disease, with four of 15 lymph nodes involved with tumor. She received a masectomy with negative margins and appropriate chemotherapy, but none of her physicians talked to her about postmasectomy radiation therapy, which would clearly have been indicated to reduce her risk of locoregional failure and would have been expected to improve her likelihood of survival. She asks the radiation …


Doctors & Juries, Philip G. Peters Jr. Jan 2007

Doctors & Juries, Philip G. Peters Jr.

Michigan Law Review

Physicians widely believe that jury verdicts are unfair. This Article tests that assumption by synthesizing three decades of jury research. Contrary to popular belief the data show that juries consistently sympathize more with doctors who are sued than with patients who sue them. Physicians win roughly half of the cases that expert reviewers believe physicians should lose and nearly all of the cases that experts feel physicians should win. Defendants and their hired experts, it turns out, are more successful than plaintiffs and their hired experts at persuading juries to reach verdicts contrary to the opinions of independent reviewers.


Wood: A Handbook Of Dental Malpractice, Marcus L. Plant Dec 1967

Wood: A Handbook Of Dental Malpractice, Marcus L. Plant

Michigan Law Review

A Review of A Handbook of Dental Malpractice by L. Brent Wood


Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed. Jun 1962

Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed.

Michigan Law Review

Res ipsa loquitur, "the thing speaks for itself," has been the subject matter of extensive legal literature since its inception almost a century ago. It is now well settled that res ipsa loquitur is no more than an inference of negligence from circumstantial evidence. The doctrine is applicable if an act or occurrence is of the type that ordinarily would not take place without negligence, assuming the plaintiff has himself been passive, and if the instrumentality causing the harm is within the exclusive control of the defendant. The application of res ipsa loquitur to the medical malpractice area has …


Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger Mar 1960

Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger

Michigan Law Review

A Review of THE LAW OF MEDICAL PRACTICE. By Burke Shartel and Marcus L. Plant.


Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed. Dec 1950

Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed.

Michigan Law Review

A brought an action against B for injuries suffered in an automobile accident and aggravation of those injuries by the negligent treatment of a physician, D. B filed a third-party complaint against D for malpractice contending that D was liable over to him for all or a part of the judgment recovered by A. D's motion to dismiss the third-party complaint for want of a sufficient cause of action was denied. On appeal, held, affirmed. A tort-feasor who has been held liable for injuries is subrogated to any right of action which the injured party may …


Physicians And Surgeons, Harry B. Hutchins Jan 1908

Physicians And Surgeons, Harry B. Hutchins

Book Chapters

Professor Hutchins's entry regarding the subject of the title. Includes voluminous cross-references and precedents. Begins with a five-page outline.