Law Commons^™

A Child Conceived Through Artificial Insemination By A Third-Party Donor Is Illegitimate-Gursky V. Gursky, Michigan Law Review

Michigan Law Review

Husband and wife, upon discovery of the husband's inability to father children, sought to have the wife artificially inseminated. The husband gave his written consent to the clinical impregnation and agreed to pay for it. As a result of the artificial insemination a child was born. Subsequently, the wife sought an annulment and petitioned for support of this child. Held, annulment granted, and child declared illegitimate. A child conceived through artificial insemination by a third-party donor, even though done with the consent of the mother's husband, is illegitimate. Gursky v. Gursky, 39 Misc. 2d 1083, 242 N.Y.S.2d 406 …

Survey Of Medical Professional Liability In Washington, John Richard Steincipher

Washington Law Review

Today, the number of these claims nears 9,000 a year at a cost of over 45 million dollars, such that one out of every seven physicians in the United States has been sued for professional negligence., This alarming increase in claims, the majority of which are deemed by many to be "without merit," represents one of the most interesting and paradoxical legal developments in recent years, since attorneys specializing in these matters estimate that they reject 80 per cent of the claims brought to them, and even with this, the defending physicians are victorious in 70 per cent of the …

The Law Of Medical Malpractice In Virginia, Robert E. Shepherd, Jr.

Washington and Lee Law Review

No abstract provided.

Ril Vs. The Expert Witness In Malpractice Cases

Washington and Lee Law Review

No abstract provided.

Insurance -- 1963 Tennessee Survey, Robert N. Covington

Vanderbilt Law Review

1. Definition of "Temporary Substitute Automobile." Defendant issued a public liability policy covering insured's use of a described vehicle (a 1955 Ford) as a taxicab. The policy contained a standard temporary substitute automobile clause, covering a non-owned auto-mobile "while temporarily used as a substitute for the described automobile when withdrawn from normal use because of its break-down, repair, servicing, loss or destruction."

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2. Application of Automobile Policy Liability Limits. A husband and wife (hereinafter H and W) were injured in an accident caused by the insured. In their actions against the insured W was awarded 4,500 dollars and H …

Trusts-Termination-Proof Of Impossibilty Of Issue, Charles F. Niemeth

Michigan Law Review

The surviving trustee of a testamentary trust petitioned the probate court for authority to terminate and distribute the trust in accordance with a compromise agreement between all interested persons apart from the possible issue of one beneficiary. Undisputed medical testimony was received that neither the beneficiary nor his wife were capable of procreation. On a question of law certified to the New Hampshire Supreme Court, held, remanded with instructions to terminate and distribute the corpus of the trust. Termination of a trust in prejudice of the interests of possible future issue is permissible when the possibility of such issue …

Radiation Injuries: Statute Of Limitations Inadequacies In Tort Cases, Samuel D. Estep, Thomas W. Van Dyke

Michigan Law Review

Some injuries from overexposure to radiation may manifest themselves within existing statutory limitations periods, at least under some liberal ( or loose) judicial interpretations. Many injurious manifestations, however, will not arise for a great many years after exposure; it is the thesis of this article that some new legislative solutions must be adopted. Limiting the right to sue to the existing time periods as construed by many courts will be manifestly unfair to plaintiffs. A blanket, unconditional extension of the time period to as much as thirty years for all cases regardless of the local rule as to when the …

Malpractice Immunity For The Physician: Unconstitutional, Unfair And Unnecessary Legislation, Edward G. O'Connor

Duquesne Law Review

In August of 1963, the Pennsylvania General Assembly enacted a law which purports to abolish a right of action for the negligence of a physician. The act exempts physicians from civil liability for malpractice arising from negligent treatment or care rendered at the scene of an accident or emergency. Gross negligence and acts or omissions intentionally designed to harm are specifically excluded from this otherwise blanket immunity. There is no liability for negligence. Prior to this enactment, the physician would have been treated the same as any other "Good Samaritan." This law purports to accord him an immunity which this …

Diseases Of Obscure Etiology: Legal Aspects, Paul D. Rheingold

Cleveland State Law Review

The purpose of this note is to gather and analyze legal cases which have involved diseases characterized by the courts or medical witnesses as being of obscure etiology or in which the role of trauma is uncertain. Basic to this discussion is an understanding of the concepts of causation, precipitation and aggravation as they are used both legally and medically.

Hyperbaric Oxygen Chambers: Medicolegal Aspects, Carl E. Wasmuth, John Homi

Cleveland State Law Review

The installation and utilization of the hyperbaric facility for the administration of oxygen to patients under increased atmospheric pressures presents several legal problems.

Pennsylvania's Good Samaritan Statute - An Answer To The Medical Profession's Dilemma, Joseph F. Busacca

Villanova Law Review

No abstract provided.

Constitutional Law - Freedom Of Religion - Blood Transfusions May Be Administered To Expectant Mother Despite Her Religious Objections If Necessary To Save Her Life Or That Of Her Child, Edward Gerald Donnelly Jr.

Villanova Law Review

No abstract provided.

Malpractice In Dental Anesthesiology, Allen L. Perry

Cleveland State Law Review

Cases invovlving dental anesthesia reveal that breaches of the duty to use proper skill and care have occurred in selection of the type of anesthetic, method of administration, failure to examine the patient, use of unsterile instruments, failure to use safety devices, and failure to properly care for patients under the influence of anesthesia. Persons practicing dental anesthesiology, like those pracing medicine and surgery, must be duly able and careful. This rule is elementary and is founded on considerations of public policy. Whenever the behavior of a dentist or dental anesthesiologist has been of a nature such that a dereliction …

Finger-Tip Injuries, D. C. Robertson

Cleveland State Law Review

Finger-tip injuries are among the most common injuries which have to be dealt with in emergency departments.They present a variety of problems which can be treated in different ways. This paper will present a variety of these injuries and discuss the treatment of each of them.

Anesthesia For Minor Surgery In The Office Or Outpatient Department, P. C. Lund

Cleveland State Law Review

The various current methods of anesthesia utilized for surgery in the office or outpatient department are described. The hazards and various complications that may be encountered when dealing with these ambulatory patients are discussed in detail. Suggested methods of treatment and management of these complications are also outlined. It is pointed out that the availability of adequate equipment for resuscitation is essential for the over-all safety and welfare of the ambulatory patient

Outpatient Injuries Of The Hand, Frank W. Masters, David W. Robinson

Cleveland State Law Review

All hand injuries, regardless of superficiality, may result in crippling loss of function if treatment is inadequate or mishandled. The essential elements of diagnosis, examination, approach to therapy and after-care are constant. The major difference between an injury requiring hospitalization and one amenable to outpatient management is the extent of the trauma. This article reviews the major outpatient injuries with respect to method of management, choice of definitive procedure, and preservation of function.

Torts - Limitation Of Actions - Malpractice Statute Of Limitations Does Not Accrue Until Patient Discovers That Negligently Administered Anesthesia Is The Cause Of The Injury, Robert M. Schwartz

Villanova Law Review

No abstract provided.

Defense Against Res Ipsa In Medical Malpractice, Howard M. Rossen

Cleveland State Law Review

In a res ipsa loquitur case the injured party is deemed in no position to explain the cause, while the party charged may begin a position to show himself free from negligence. If the plaintiff has equal or superior means of information, the doctrine does not apply. The question is really one of duty on the part of the defendant. Res ipsa loquitur leads only to a possible (not mandatory) inference that the defendant has not complied with his duty to use skill and care, and is not in itself proof that he was under a specific duty. This question …

Book Review, Robert J. Bogus

Cleveland State Law Review

Reviewing Harvey Sarner, Dental Jurisprudence, W.B. Saunders Co., 1963

Statute Of Limitations In Malpractice Actions, Ernest A. Cieslinski

Cleveland State Law Review

The ill-treated patient has sought redress for medical malpractice by actions that sound in tort, in contract, or in fraud. As with other actions, the underlying policy of "peace and repose" of all statutes of limitations dictates that these actions be timely. In Ohio, for example, the time limit for an action for malpractice is one year.

Blunt Injuries Of The Abdomen, Chester C. Guy

Cleveland State Law Review

Management of closed abdominal injuries, produced by blunt violence, is one of the most challenging problems that the surgeon has to meet. It is usually made difficult by presence of associated injuries of the head, chest, or extremities, and the obvious severity of these may largely or completely mask the early evidences of abdominal visceral injury. It should be emphasized that, in general, injuries of the head and chest take precedence over those of the abdomen, and it is in the "multipleinjury" cases that intra-abdominal injuries are most frequently overlooked or undertreated. Blows to the abdomen received in sports or …

Nature And Effects Of Narcotics For Pain, Ralph K. Davies

Cleveland State Law Review

The dictionary defines a medicine as a drug that is used to treat diseases, or to relieve pain. This term includes materials that act upon various tissues, organs and systems of the anatomy. Upon further inquiry one finds that the term narcotic refers to those preparations which produce profound sleep, lethargy, and relief of pain. This article will deal primarily with the sensation called pain, and the use of narcotics to relieve that sensation.