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Articles 1 - 20 of 20
Full-Text Articles in Law
Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep
Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep
Michigan Law Review
The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …
Tax And Other Legal Aspects Of The Corporate Practice Of Medicine, Jerry B. Martin
Tax And Other Legal Aspects Of The Corporate Practice Of Medicine, Jerry B. Martin
Vanderbilt Law Review
With the coming of regulations allowing doctors the tax advantages of corporate employees, the doctors will probably be more solidly behind the positions of the AMA in favor of the prohibition against the corporate practice of medicine. For example, at least one state group, the Tennessee State Medical Association, has recently adopted a resolution against practicing medicine in the corporate form, and there have been no recent reports of state associations taking the opposite position. The American Hospital Association which seems to lead the opposition to the corporate practice rule does not attack the rule as being intrinsically bad but …
Torts - Obstruction Of A Civil Action - Coercion By A Medical Association To Preclude Availability Of Expert Testimony In A Medical Malpractice Action, William Y. Webb
Torts - Obstruction Of A Civil Action - Coercion By A Medical Association To Preclude Availability Of Expert Testimony In A Medical Malpractice Action, William Y. Webb
Michigan Law Review
Plaintiff approached nine physicians in an attempt to secure an expert witness for a medical malpractice action. All nine refused, allegedly as a result of threats by the county medical association to expel them and cause a cancellation of their malpractice liability insurance if they testified. The association's actions stemmed from a finding by its "malpractice committee" that the malpractice defendant had not been negligent. Plaintiff then brought this action against the association to recover compensatory and punitive damages for obstruction of a civil action. On appeal from an order granting a motion for nonsuit, held, affirmed. No cause …
Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger
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.
Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr
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.
A Partial Solution To Legitimacy Problems Arising From The Use Of Artificial Insemination, Andrew D. Weinberger
A Partial Solution To Legitimacy Problems Arising From The Use Of Artificial Insemination, Andrew D. Weinberger
Indiana Law Journal
No abstract provided.
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Cleveland State Law Review
This paper was intended as a contribution to the study of psychiatry, and especially institutional psychiatry, as a form of social control. More specifically, I have sought to present further evidence in support of the thesis that the relationship between the involuntarily hospitalized mental patient and his psychiatrist (s) is commonly antagonistic rather than cooperative in nature. The conception of a "mental illness," as essentially similar to a bodily disease, serves to obscure the many exceedingly significant socio-economic, legal and ethical aspects of forced mental hospitalization.The patient's lawsuit for release, and the psychiatric superintendent's appeal that he be permitted to …
An Appraisal Of Competency, Henry Davidson
An Appraisal Of Competency, Henry Davidson
Cleveland State Law Review
Competence is the ability to handle business affairs with ordinary prudence. It is a legal not a medical formula, and in a sense, it must be defined negatively. Every one is assumed to be competent. If you think some one is incompetent, you must prove it. He does not have to prove that he is competent. Therefore, the formula is a criterion of incompetency not competency. To declare a person incompetent, these findings must coexist: 1. He has a mental disorder. 2. This causes bad judgment. 3. Because of the bad judgment, the patient either: (a) Squanders his money or …
The Effect Of The Interrogatory Form On The Sufficiency Of The Answer - Britt V. Snyder, Herbert J. Belgrad
The Effect Of The Interrogatory Form On The Sufficiency Of The Answer - Britt V. Snyder, Herbert J. Belgrad
Maryland Law Review
No abstract provided.
Hospital Privileges Revisited, Irwin N. Perr
Hospital Privileges Revisited, Irwin N. Perr
Cleveland State Law Review
It is the opinion of this writer that the laws relating to hospital privileges basically are sound and in the public interest.There is no clear reason to overthrow the accumulated wisdom of the last hundred years. American hospitals have become the best in the world because of the freedom with which they have been allowed to function. This does not militate against the constant march for improvement. As can be seen, there are cases where individuals are handicapped in their use of hospitals.These situations reflect social problems, not defects in existing laws which, like our Constitutional rights, sometimes are somewhat …
Book Review, Raymond L. Shilling
Book Review, Raymond L. Shilling
Cleveland State Law Review
Reviewing Fred A. Mettler, The Medical Sourcebook, Little, Brown and Company, 1959
Discovery Of Medical Records, Margaret Mazza
Discovery Of Medical Records, Margaret Mazza
Cleveland State Law Review
Medical evidence is employed by plaintiffs chiefly to prove the causation and extent of personal injury damages, while defendants try to prove the slightness or lack of causal connection in such claims. Many types of medical reports are kept which may be used to substantiate the allegations of either party in personal injury actions. Of primary importance are the reports of physicians and hospitals, and reports upon the voluntary or compulsory examination of the plaintiff.
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 …
Lawyer Meets Forensic Pathologist, George E. Hall
Lawyer Meets Forensic Pathologist, George E. Hall
Cleveland State Law Review
Forensic medicine is that part of medical science which is employed by the legal authorities for the solution of legal problems. Theoretically all branches of medicine may be included in this definition, for the law has used them all when need has arisen, and any doctor who testifies in court in his professional capacity can be considered a practitioner of legal medicine. The forensic pathologist is a trained pathologist who concentrates his efforts on the investigation of deaths which have occurred as result of violence or under suspicious circumstances.
Book Review, Carl E. Wasmuth
Book Review, Carl E. Wasmuth
Cleveland State Law Review
Reviewing Paul David Cantor, Traumatic Medicine and Surgery for the Attorney; Vol. I - The Traumatic Problem, Central Book Co., 1959
Standards Of Care In Dentistry, Jerome A. Streem
Standards Of Care In Dentistry, Jerome A. Streem
Cleveland State Law Review
This article will discuss briefly each of the three sources of liability for which a dentist might commonly be subject to a malpractice suit: negligence, assault and battery, and breach of contract.
Res Ipsa Loquitur In Hospital And Malpractice Cases, Julien C. Renswick
Res Ipsa Loquitur In Hospital And Malpractice Cases, Julien C. Renswick
Cleveland State Law Review
Most legal texts state as a matter of law that in order to apply the doctrine of res ipsa loquitur it is required that plaintiff show that the instrumentality causing his injury was in the continuous and exclusive control of one defendant. This general proposition has been stated in Ohio on several occasions. However, in the last few years some exceptions to this general rule have been established in several jurisdictions.
Standard Of Care Of Medical General Practitioners, Milton Oppenheim
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
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.
Epilepsy - Post-Traumatic Or Not, Irwin N. Perr
Epilepsy - Post-Traumatic Or Not, Irwin N. Perr
Cleveland State Law Review
This article discusses the legal issues presented in Muscarello v. Peterson. The case presents clearly the medical aspects in ascertaining whether epilepsy is a result of injury or is a result of independent factors. As the court stated, the decision rests basically on medical evidence and its evaluation by the jury.