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Keynote Address: Can A Sign Or Occult Finding Predict A Causal Relationship?: How To Reason About Possible Child Abuse, Peter Aspelin
Keynote Address: Can A Sign Or Occult Finding Predict A Causal Relationship?: How To Reason About Possible Child Abuse, Peter Aspelin
University of Michigan Journal of Law Reform
Keynote Address for the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
University of Richmond Law Review
With President George W. Bush's promise to continue working toward tort reform, medical malpractice issues are once again garnering media and voter attention. This article examines recent judicial decisions and statutory amendments affecting patients and health care providers in the commonwealth in the context of medical malpractice law.
Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan
Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan
RISK: Health, Safety & Environment (1990-2002)
The authors review and note the limited reach of Daubert v. Merrell Dow Pharmaceuticals. They also address its implications for concerned non-lawyers.
How To Handle An Anesthesia Injury Case, Albert Averbach
How To Handle An Anesthesia Injury Case, Albert Averbach
Cleveland State Law Review
The criteria of competence of the trial lawyer handling a medical malpractice case is, does he have at least as much if not more knowledge of the practice and procedure involved in the case than the defendant physician. In no place is this more true than in the field of anesthesiology. This is not, of course, to suggest that the attorney can compete with the physician in practical experience. But, it is to propose that many valid anesthesia malpractice cases result in nonsuits and that plaintiff's verdicts which are overturned on appeal are almost invariably lost due to insufficient evidence, …
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Cleveland State Law Review
There is a need in most malpractice suits to impress the jury with the operation and effect of the conspiracy of silence,and in most jurisdictions, to do so would apparently not, and certainly should not, result in reversible error if done in a reasonable and temperate manner.
Causation: A Medico-Legal Battlefield, Albert Averbach
Causation: A Medico-Legal Battlefield, Albert Averbach
Cleveland State Law Review
In the court room, the trial lawyer strives to introduce medical testimony as to the cause of a condition or disease. Resort in many instances is made, through a hypothetical question to a non-attending physician, as to whether or not the accident described was a competent cause of a later-described or assumed condition, or "might," "could, "would," or "was" competent to have caused it. A great conflict exists in the various states as to the permissible range of inquiry in such cases, depending upon the particular jurisdiction's interpretation of the requirement that medical opinions must be reasonably certain or reasonably …