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Articles 1 - 21 of 21
Full-Text Articles in Law
Mental And Nervous Injury In Workmen's Compensation, Arthur Larson
Mental And Nervous Injury In Workmen's Compensation, Arthur Larson
Vanderbilt Law Review
"[H]ow could it be real when. . .it was purely mental?" This poignant judicial cry out of the past, which I occasionally quote to put down my psychiatrist friends, contains the clue to almost all of the trouble that has attended the development of workmen's compensation law related to mental and nervous injuries. This equation of "mental" with "unreal," or imaginary, or phoney, is so ingrained that it has achieved a firm place in our idiomatic language. Who has not at some time, in dismissing a physical complaint of some suffering friend or relative, airily waved the complaint aside by …
Failure To Inform As Medical Malpractice, Stephen L. Edwards
Failure To Inform As Medical Malpractice, Stephen L. Edwards
Vanderbilt Law Review
It has long been recognized in American law that a proper patient-physician relationship is founded upon the technical competency of the physician. Before the advent of cases dealing with informed consent, a patient who had given his consent to proposed treatment could recover for injuries only when the physician had acted incompetently in the administration of the treatment. Within the past fifteen years, however, the courts have recognized that the maintenance of a proper patient-physician relationship depends not only upon the technical competency of the physician, but also upon the presence of effective communication between the two parties. Therefore, recent …
An Evaluation Of Changes In The Medical Standard Of Care, John K. Johnson, Jr.
An Evaluation Of Changes In The Medical Standard Of Care, John K. Johnson, Jr.
Vanderbilt Law Review
When a layman is charged with negligence, his conduct is compared with the conduct to be expected from that familiar fictional person-the reasonable and prudent man under the same or similar circumstances.' The defendant's special knowledge or skill is only one of the circumstances to be considered; another is the customary practice of those similarly situated. In the field of medical negligence, however, the conduct of other physicians becomes extremely important. The standard of care to which doctors will be held is determined to a large extent by fellow practitioners.
Voluntary Euthanasia, Arval A. Morris
Voluntary Euthanasia, Arval A. Morris
Washington Law Review
To avoid the possibility of confusion, it is necessary to distinguish voluntary euthanasia from other similar, but not necessarily related situations. By voluntary euthanasia I refer to one specific situation, and to no other. Any definition of the principle of voluntary euthanasia must lay emphasis on the word "voluntary" as it specifically applies to the right of an adult person who is in command of his faculties to have his life ended by a physician, pursuant to his own intelligent request, under specific conditions prescribed by law, and by painless means. Thus, voluntary euthanasia involves at least two willing persons—a …
The Medical, Legal, And Ethical Considerations Of Human Organ Transplantations, Carl E. Wasmuth
The Medical, Legal, And Ethical Considerations Of Human Organ Transplantations, Carl E. Wasmuth
William & Mary Law Review
No abstract provided.
Federal Population Policy: A Decade Of Change, Carl S. Shultz
Federal Population Policy: A Decade Of Change, Carl S. Shultz
Villanova Law Review
No abstract provided.
The Constitutional Aspects Of A National Population Policy, Cyril C. Means
The Constitutional Aspects Of A National Population Policy, Cyril C. Means
Villanova Law Review
No abstract provided.
Varying Standards Of Care In Medicine, Charles J. Frankel
Varying Standards Of Care In Medicine, Charles J. Frankel
Cleveland State Law Review
There are many roads to Mecca. Some are more direct and less dangerous, others are fraught with hazards which must be overcome to enable the seasoned traveler to reach his destination. The unwary person may be fortunate and successful; yet he may easily lose his way. So it is in medicine and surgery. In the field of orthopedic surgery I have noted many different approaches to a particular problem. In many instances it is generally agreed that one method is as good as another, depending on individual familiarity with the technique. In other instances there is wide disagreement.
National Population Programs And Policy: Social And Legal Implications - A Symposium - Introduction, Donald A. Giannella
National Population Programs And Policy: Social And Legal Implications - A Symposium - Introduction, Donald A. Giannella
Villanova Law Review
No abstract provided.
National Population Problems And Standardization Of Family Size, H. Yuan Tien
National Population Problems And Standardization Of Family Size, H. Yuan Tien
Villanova Law Review
No abstract provided.
National Population Programs And Policy: Social And Legal Implications, Carl S. Shultz, H. Yuan Tien, Edwin D. Driver, Cyril C. Means
National Population Programs And Policy: Social And Legal Implications, Carl S. Shultz, H. Yuan Tien, Edwin D. Driver, Cyril C. Means
Villanova Law Review
No abstract provided.
Population Policies Of State Governments In The United States: Some Preliminary Observations, Edwin D. Driver
Population Policies Of State Governments In The United States: Some Preliminary Observations, Edwin D. Driver
Villanova Law Review
No abstract provided.
Products Liability - "Bad Blood" - Strict Liability, Charles W. Kenrick
Products Liability - "Bad Blood" - Strict Liability, Charles W. Kenrick
Duquesne Law Review
The Supreme Court of Pennsylvania has held that an administrator of a decedent who died of hepatitis allegedly as a result of a transfusion with contaminated blood may maintain a cause of action against a hospital for breach of implied warranties of merchantibility and fitness.
Hoffman v. Misericordia Hospital of Philadelphia, 439 Pa. 501, 267 A.2d 867 (1970).
Margaret Sullivan entered Misericordia Hospital on May 2, 1967 for the birth of a child. Postnatal complications developed requiring that she receive transfusions of whole blood. The transfused blood was supplied partially by the hospital from its own reserves and partially …
Governmental Regulation Of The Drug Industry, J. Mark Hiebert
Governmental Regulation Of The Drug Industry, J. Mark Hiebert
Cleveland State Law Review
In today's world of increased government participation in business, certain industries are frequently spotlighted for particular attention. The communications industry is one, the drug industry is another. In both cases the special attention is fitting, for the communications industry, like the drug industry, each in its own way, reaches the very fiber of American life. Each has the inherent capability of changing our political and social order. At any rate two points are basic: first, the drug industry directly affects the foundations of our society and therefore is a reasonable concern of government. Secondly, the drug industry has a legitimate …
Book Review, John J. Kuchinski
Book Review, John J. Kuchinski
Cleveland State Law Review
Review of Carl. E. Wasmuth, Law and the Surgical Team, Williams and Wilkins Co., 1969
Book Review, Stanley B. Kent
Book Review, Stanley B. Kent
Cleveland State Law Review
Reviewing Melvin L. Seltzer, Understanding Law and Psychiatry, Practising Law Institute, 1969
Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski
Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski
Faculty Scholarship
No abstract provided.
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 …
Blood Tests In Paternity Cases, Robert Ratimorszky
Blood Tests In Paternity Cases, Robert Ratimorszky
Cleveland State Law Review
Medical science has developed and provided absolute proof of non-paternity by exclusion with the probability higher than 71.6 per cent.The blood tests determining nonpaternity by exclusion are conclusive.Despite this conclusive and scientifically proven medical system of exclusion, legislatures and courts in many jurisdictions are still slow in accepting the irrebuttable proof of blood grouping tests. Resentment is strong in many jurisdictions against the admission of possibility of paternity upon all the evidence. The argument that if admitted, such evidence is prejudicial holds in many jurisdictions including Ohio.Legislatures and courts should take cognizance of the proof of blood tests in paternity …
Book Review, Forest A. Norman
Book Review, Forest A. Norman
Cleveland State Law Review
Reviewing Hospital Liability Law: Lectures and Trial Demonstrations, Institute of Continuing Legal Education, 1968