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Full-Text Articles in Law
The Admissibility Of Medical Testimony In Ohio: Daubert, Joiner And Ohio's Relevance-Reliability Standard, Gerald J. Todaro
The Admissibility Of Medical Testimony In Ohio: Daubert, Joiner And Ohio's Relevance-Reliability Standard, Gerald J. Todaro
Cleveland State Law Review
This article specifically examines the reliability standard imposed under Rule 702 of the Ohio Rules of Evidence and its application to medical expert testimony in Ohio. Section II reviews Daubert, its progeny, and Ohio law. This analysis reveals tension between Ohio's flexible relevance/reliability standard and the more exacting demands of Daubert. Section III examines the scientific basis of clinical diagnosis and treatment of illness and disease. This section argues that judges should take judicial notice of the conventional methodology underlying the clinical practice of medicine, and thus the preliminary question of reliability of medical expert testimony should rarely require a …
Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina
Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina
Cleveland State Law Review
Shaken baby syndrome is a serious form of child maltreatment, often involving infants younger than six months of age. It commonly occurs, yet it is frequently overlooked in its most chronic form and underdiagnosed in its most serious expression. Section II of this article will discuss the symptoms, presentation, and clinical findings of shaken baby syndrome. It will conclude by looking at recommendations from the U.S. Advisory Board on Child Abuse and Neglect. Section III delves into the history, function and statistics of Child Death Review Teams on a national level. The discussion ends by examining Ohio's proposed legislation concerning …
Tuberculosis Quarantine: A Review Of Legal Issues In Ohio And Other States, Paula Mindes
Tuberculosis Quarantine: A Review Of Legal Issues In Ohio And Other States, Paula Mindes
Journal of Law and Health
The increase in tuberculosis cases in the United States in recent years has led to a major reconsideration of long-dormant public health strategies. Isolation of contagious persons, whether at home or in treatment facilities is one of the measures receiving renewed attention. Public health and legal authorities must reassess these measures from the point of view of their necessity, utility and constitutionality. The law currently in force in Ohio originated before expanded protection of civil liberties. If Ohio public health officials find it necessary to use existing quarantine procedures with tuberculosis patients they will be on shaky constitutional ground. As …
Mandating Coverage For Maternity Length Of Stays: Certain Problems With The Good Idea, Kate E. Ryan
Mandating Coverage For Maternity Length Of Stays: Certain Problems With The Good Idea, Kate E. Ryan
Journal of Law and Health
This paper will outline the issues influenced by the Newborns' Act and the Maternity Law, including federalism. Likewise, the paper examines certain shortcomings of the maternity legislation. Section II focuses on Ohio's Maternity Law and whether it will prove effective as exemplified by Cleveland's maternity health care standards. Section III addresses the Newborns' Act and how it will influence federalism. Additionally, section III compares the Newborns' Act to the Maternity Law Section IV explores how the concurrent regulations may affect maternity health care.
The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling
The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling
Cleveland State Law Review
This Note discusses the issue of childhood sexual abuse and challenges the appropriateness of Ohio's current statute of limitations for prosecuting a civil claim of childhood sexual abuse. Part II of this Note describes the problem of child sexual abuse in our society. Part III examines the short-and long-term effects of childhood sexual abuse, particularly memory repression. Part IV reviews the theory of recovered memories and the associated problems with reliability. Part V addresses Ohio's governing statute of limitations for civil claims of childhood sexual abuse. Part VI reviews the history of the discovery rule in Ohio and its application …
Time For Legislative Action: Landlord Liability In Ohio For Lead Poisoning Of A Tenant, Brett P. Barragate
Time For Legislative Action: Landlord Liability In Ohio For Lead Poisoning Of A Tenant, Brett P. Barragate
Cleveland State Law Review
This Note addresses landlord liability in Ohio for lead poisoning of a tenant. In Part II, the effects of lead exposure on children and the number of children at risk in Ohio are briefly examined to clearly define the problem. Part III describes the lack of federal involvement in the area of lead poisoning in private residential housing. Parts IV and V examine the current state of lead litigation in Ohio and the response of Ohio courts. Finally, Part VI recommends that the Ohio legislature increase its role in the lead poisoning problem and provides remedies to victims of lead …
Senate Bill 1, Ohio's Advance Directives Law: Where Have We Been...Where Are We Going?, Jean M. Hillman
Senate Bill 1, Ohio's Advance Directives Law: Where Have We Been...Where Are We Going?, Jean M. Hillman
Journal of Law and Health
This article will discuss in part II, the pertinent case history in Ohio and in other jurisdictions which built the foundation for advance directive legislation in Ohio. Part III will review the legislative history which led to the passage of Senate Bill 1; and Part IV will discuss how Senate Bill 1 interacts with the Federal Patient Self-Determination Act which went into effect on December 1, 1991. Part V will analyze how the implementation of Senate Bill 1 has affected doctors, nurses and health care facilities. Finally, Part VI will cover how information about advance directives is being disseminated to …
Defining The Problem And Searching For Solutions: Insurers, Employers, And State Government, Charles D. Weller, Powell Woods, John Polk, Kenneth F. Seminatore
Defining The Problem And Searching For Solutions: Insurers, Employers, And State Government, Charles D. Weller, Powell Woods, John Polk, Kenneth F. Seminatore
Journal of Law and Health
Panel discussion: Some solutions to the uninsured problem happening right here in Cleveland. The Health Policy Coalition is a group which presents health insurance reform ideas to Congress. Charles Weller talked about the Coalition. Powell Woods described the Cleveland Health Quality Choice Program as follows: "Cleveland Health Quality Choice is based upon the principle that if we figure out a way to reward high quality and cost efficiency as the twin lynch pins of reimbursement in our health purchasing system, we can drive both quality and efficiency gains in the system which can help produce savings which will in turn …
Law And Legislation In Ohio, Jane Campbell, Ray Miller, Grace Drake, Susan Sheutzow
Law And Legislation In Ohio, Jane Campbell, Ray Miller, Grace Drake, Susan Sheutzow
Journal of Law and Health
A discussion of the current Ohio health insurance law regarding the uninsured and underinsured and what the Ohio legislature is trying to do about it. Jane Campbell discussed adopting a system similar to the Canadian health care system, creating an Ohio health care trust fund, and helping those in high-risk health care categories. Ray Miller addressed indigent health care and the Hagan bill. Grace Drake said that universal health care has not been successful where it has been tried, so the focus should be on the working poor and uninsured.
Alternative Approaches At The Federal And State Level, E. Richard Brown, Mary Rose Oakar, Randall Bovbjerg
Alternative Approaches At The Federal And State Level, E. Richard Brown, Mary Rose Oakar, Randall Bovbjerg
Journal of Law and Health
The reason that the discussions and positions that you heard this morning are no longer being voiced so widely in California is because conditions have continued to deteriorate there rather dramatically. Like the rest of the country, we have a large uninsured population, but the percentage of our uninsured population is larger than the national average as a percentage of the non-elderly population. In the U.S. it's about eighteen percent; in California, it's over twenty-one percent. That means more than five million uninsured people.
Proceedings Of The Inaugural Conference Of The Law & (And) Public Policy Program: An Introduction And Summary, Alan C. Weinstein
Proceedings Of The Inaugural Conference Of The Law & (And) Public Policy Program: An Introduction And Summary, Alan C. Weinstein
Journal of Law and Health
As its title suggests, this Conference focuses on the health insurance problems of Ohioans and the public and private initiatives that seek solutions to that problem. Despite this focus on Ohio, the Conference proceedings are not overly parochial, but often examine the experience of other states and other societies to gain insights into Ohio's situation. Thus, these proceedings provide the reader with both a general consideration of the health insurance problem and a deeper exploration of one state's effort to address that problem.
Introduction To Keynote Speaker Randall Bovbjerg, Joel J. Finer
Introduction To Keynote Speaker Randall Bovbjerg, Joel J. Finer
Journal of Law and Health
There is probably no constitutional duty on the government to provide medical care; for the Court recently reaffirmed, in Deshaney, the current Court's view of our Constitution as prohibiting governmental wrongs rather than granting entitlements from the government. We say there is a moral duty to provide medical care to those who cannot afford such care. Where does the moral right to receive basic medical care come from?
Keynote Address: Helping The Uninsured: Health Insurance In Ohio And In The Nation, Randall R. Bovbjerg
Keynote Address: Helping The Uninsured: Health Insurance In Ohio And In The Nation, Randall R. Bovbjerg
Journal of Law and Health
This article briefly discusses five salient issues for decision makers to ponder, in Ohio and in the nation: (1) What, exactly, is the problem? (2) What about National Health Insurance (NHI)? (3) What roles are likely for national, state, and local governments? (4) How can one design solutions and evaluate the trade-offs they pose? (5) What are we willing to pay? A major conclusion is that many ways exist to provide subsidized coverage or other access to care. In other words, many possible solutions exist. They have different emphases, different structural characteristics, different benefits, and different price tags. What does …
Defining The Problem And Searching For Solutions: Health Care Providers And Consumers, Richard Buxbaum, Frank Kimber, Henry Manning, David W. Van Heeckeren
Defining The Problem And Searching For Solutions: Health Care Providers And Consumers, Richard Buxbaum, Frank Kimber, Henry Manning, David W. Van Heeckeren
Journal of Law and Health
A panel consisting of health care providers and consumers discussed defining the problem and searching for solutions. Richard Buxbaum of the Greater Cleveland Hospital Association addressed uncompensated care, otherwise known as charity care, as a problem for hospitals. Mandating employer based health insurance was offered as a solution. Frank Kimbler of the Federation for Community Planning gave an overview of the consumer side of the uninsured problem. He mentioned a joint pilot project to insure the working poor. Henry Manning of Metrohealth explained how price competition between hospitals creates a problem for urban teaching hospitals which bear the costs of …
The Right To Refuse Medical Treatment In Ohio After Cruzan: The Need For A Comprehensive Legislative Solution, Thomas J. Onusko, Patricia Casey Cuthbertson
The Right To Refuse Medical Treatment In Ohio After Cruzan: The Need For A Comprehensive Legislative Solution, Thomas J. Onusko, Patricia Casey Cuthbertson
Journal of Law and Health
This paper will first review the development of Ohio case law prior to the Supreme Court's decision in Cruzan v. Director, Missouri Department of Health along with the Cruzan decision and Ohio's Durable Power of Attorney for Health Care statute. Next, the constitutionality of the limitations in the Durable Power of Attorney Health Care statute will be discussed. The standard of evidence which must be met in Ohio in order to implement an incompetent's wishes regarding medical treatment in the absence of a durable power will be analyzed. Recommendations will be presented regarding what Ohioans should do in order to …
Application Of The Discovery Rule To The Ohio Wrongful Death Statute, Edward J. Leonard
Application Of The Discovery Rule To The Ohio Wrongful Death Statute, Edward J. Leonard
Journal of Law and Health
The focus of this note will be on the statute of limitations applicable to the Ohio wrongful death statute. This statute requires that any claim for wrongful death be brought within two years of the date of death. Application of the discovery rule to the wrongful death statute would allow an action to be brought within two years of discovering that the death was the result of a wrongful act.
Appellate Procedures In Workmen's Compensation Cases, James D. Kendis
Appellate Procedures In Workmen's Compensation Cases, James D. Kendis
Cleveland State Law Review
Workmen's compensation in the state of Ohio dates back to 1911 when the Ohio legislature enacted a voluntary Work- men's Compensation program. The legislation was soon tested in the courts and declared constitutional by the Ohio Supreme Court in the case of State ez rel. Yapel v. Creamer, the court finding that this type of "social" legislation was valid under the state police power. The legislature, in 1912, presented a constitutional amendment to the people of the State of Ohio for the purpose of establishing a formal Workmen's Compensation system which was adopted as Article II, Section 35.2 This section …
Ohio's Workmen's Compensation Law, Thomas P. Mcintyre
Ohio's Workmen's Compensation Law, Thomas P. Mcintyre
Cleveland State Law Review
In 1911, workmen's compensation originated in Ohio and it was called the "Employer's Liability Act" with the employers contributing 90% and the employees contributing 10%. The purpose of the act was to provide compensation for loss resulting from disability or death of a workman from industrial accidents or disease without regard to negligence and fault.
Recent Ohio Procedure Changes, Lee E. Skeel
Recent Ohio Procedure Changes, Lee E. Skeel
Cleveland State Law Review
It might be well to begin by giving consideration to the recent cases dealing with appellate procedure, before considering statutory changes. The questions of when a motion for new trial tolls the time for giving notice of appeal, and what constitutes a final order, have been given consideration in recent cases.