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Full-Text Articles in Law

Insuring Against Medical Professional Liability, Bernard D. Hirsh Jun 1959

Insuring Against Medical Professional Liability, Bernard D. Hirsh

Vanderbilt Law Review

The purpose of this article is to analyze the protection provided in medical professional liability policies. Part I consists of a discussion of some of the factors involved in the purchase of malpractice insurance and an examination of the principal insuring agreements, exclusions, and conditions stated in the standard policy. Part II is a summary of the results of a questionnaire sent by the Law Division of the American Medical Association to insurance companies to determine their opinions regarding insurance coverage in a series of hypothetical cases.


Liability For Negligence Of Pharmacists, George S. King Jun 1959

Liability For Negligence Of Pharmacists, George S. King

Vanderbilt Law Review

The purpose of this article is to discuss the liability of pharmacists for professional negligence.' Thus it will be limited to that conduct which arises out of their professional activity and is to be distinguished from liability which may arise out of their activity as a storekeeper or a druggist, using the latter term in the general sense to include all those who operate a drug store or in any fashion engage in the business of supplying drugs, whether licensed pharmacists or not. For example, the pharmaceutical manufacturer may well be classed as a druggist, but his legal responsibilities would …


The Care Required Of Medical Practitioners, Allan H. Mccoid Jun 1959

The Care Required Of Medical Practitioners, Allan H. Mccoid

Vanderbilt Law Review

"Into whatever houses I enter, I will go into them for the benefit of the sick, and will abstain from every voluntary act of mischief and corruption." -Oath of Hippocrates.

These words, allegedly formulated by the "Father of Medicine,"define the duties which physicians and surgeons over the years have sworn to perform toward those whom they undertake to treat. Like many oaths, however, the noble sentiments of the Greek physician are not sufficient to provide protection for the public. This is evidenced by the fact that over the twenty year period from 1935 to 1955, according to a survey made …


Modern Techniques In The Preparation And Trial Of A Medical Malpractice Suit, Fitz-Gerald Ames Sr Jun 1959

Modern Techniques In The Preparation And Trial Of A Medical Malpractice Suit, Fitz-Gerald Ames Sr

Vanderbilt Law Review

Though it is true that in malpractice suits more than in any other type of litigation, the plaintiff must have a strong case on the merits, it is equally important and almost a necessity in most malpractice cases that patient's counsel carefully and thoroughly condition the jurors' minds from the very outset to a psychological acceptance of this type of litigation. Far too many veniremen, before they have been selected as trial jurors in a malpractice suit, have the attitude that (1) a "malpractice" suit connotes conduct either criminal, quasi-criminal or unethical on the part of the doctor or hospital; …