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- St. Mary’s Law Journal (3)
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Articles 1 - 7 of 7
Full-Text Articles in Law
Expert Medical Testimony In Texas., Zollie Steakley
Expert Medical Testimony In Texas., Zollie Steakley
St. Mary's Law Journal
An ordinary function of the jury in our legal system is to determine questions of fact. Although issues are less difficult when common knowledge and lay judgment are adequate, the field of medicine is an area in which the jury may be assisted by expert testimony. Courts allow the admission of expert medical testimony to assist jurors to show important aspects of a case, including physical condition, the cause of injury, the effect and probable future consequences of an injury or disease, and the cause of death. However, such testimonies are not binding upon the trier of fact unless they …
Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine
Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine
St. Mary's Law Journal
The doctrine of res ipsa loquitor infers negligence from the physical cause of an accident and eliminates the necessity of determining with certainty the responsible human cause. Specifically, in Texas, res ipsa loquitor means that the facts of an occurrence warrant an inference of negligence, that they furnish circumstantial evidence in the absence of direct negligence, and that the facts call for an explanation or rebuttal. Each state applies the doctrine differently and the outcome of each case is dependent on the procedural effect. Generally, invoking the doctrine of res ipsa loquitor may result in either of two procedural effects: …
The Doctrine Of Charitable Immunity Does Not Bar The Suit Of A Paying Patient Seeking To Recover Damages Sustained As A Result Of Negligence On The Part Of An Agent, Servant Or Employee Of A Charitable Hospital., Sidney Gibson
St. Mary's Law Journal
Southern Methodist University v. Clayton limited and clarified the scope of the charitable immunity doctrine in Texas, making it the leading opinion on the doctrine’s scope as of 1943. Clayton held charitable organization are liable to an employee for injuries proximately caused by the negligence of its agents but not liable to others in absence of proof of negligence on part of charity in employing or keeping the agent. Clayton’s progenies subsequently added two refinements: a charity is liable to an injured party, if, through negligence, improper equipment for treatment or service is used and causes an injury; and the …
Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr.
Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein
Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein
St. Mary's Law Journal
Abstract Forthcoming.
Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper
Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper
St. Mary's Law Journal
Abstract Forthcoming.
A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick
A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick
St. Mary's Law Journal
Abstract Forthcoming.