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Articles 1261 - 1290 of 1313

Full-Text Articles in Health Law and Policy

Physiology Of The Brain And Related Trauma, Edward W. Shannon Jan 1962

Physiology Of The Brain And Related Trauma, Edward W. Shannon

Cleveland State Law Review

The scope of this paper will concern itself with the mechanism of various types of head trauma as well as the immediate and late sequelae of the resulting brain injuries. No attempt will be made to discuss therapy.


Amnesia After Brain Injury, Ewing H. Crawfis Jan 1962

Amnesia After Brain Injury, Ewing H. Crawfis

Cleveland State Law Review

In discussing amnesia, it is first important to point out that it occurs as but one of a number of symptoms of brain injury. While we choose to single it out, we should keep in mind that it exists contemporaneously with, and in relation to, other symptoms.


Psychological Assessment Of Brain Damage, Bill J. Barkley Jan 1962

Psychological Assessment Of Brain Damage, Bill J. Barkley

Cleveland State Law Review

We need more emphasis upon courses in Forensic Psychology in our law schools as well as in our graduate departments of psychology. The average clinical psychologist shies away from involving himself in cases that might eventually lead to testifying. The psychologist is not trained to answer with a "Yes" or a "No" and therefore is not accustomed to this procedure in the court room. In my estimation it is time that the clinical psychologist is helped to grow up legally, by having a better understanding of forensics, and it is time the legal profession is helped to grow up by …


Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D. May 1961

Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.

Michigan Law Review

Defendants in the criminal process are divided into rigidly exclusive categories of mental health. The competent to stand trial are first separated from the incompetent. Then the competent are divided on the basis of their mental state at the time of their acts between the "sane" and the "insane." As long as these rigid categories are administered in an adversary trial system, some misdirection of victims of serious mental illness into the penal system is almost inevitable. Even where mental illness might otherwise prevent conviction, those accused of non-capital felonies are not likely to raise the question, and few courts …


Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen May 1961

Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen

Michigan Law Review

A Review of Confidentiality and Privileged Communication in the Practice of Psychiatry. Group for the Advancement of Psychiatry.


Havard: The Detection Of Secret Homicide, B. J. George Jr. May 1961

Havard: The Detection Of Secret Homicide, B. J. George Jr.

Michigan Law Review

A Review of The Detection of Secret Homicide. By J. D. J. Havard.


Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep Dec 1960

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …


Torts - Obstruction Of A Civil Action - Coercion By A Medical Association To Preclude Availability Of Expert Testimony In A Medical Malpractice Action, William Y. Webb Mar 1960

Torts - Obstruction Of A Civil Action - Coercion By A Medical Association To Preclude Availability Of Expert Testimony In A Medical Malpractice Action, William Y. Webb

Michigan Law Review

Plaintiff approached nine physicians in an attempt to secure an expert witness for a medical malpractice action. All nine refused, allegedly as a result of threats by the county medical association to expel them and cause a cancellation of their malpractice liability insurance if they testified. The association's actions stemmed from a finding by its "malpractice committee" that the malpractice defendant had not been negligent. Plaintiff then brought this action against the association to recover compensatory and punitive damages for obstruction of a civil action. On appeal from an order granting a motion for nonsuit, held, affirmed. No cause …


Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger Mar 1960

Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger

Michigan Law Review

A Review of THE LAW OF MEDICAL PRACTICE. By Burke Shartel and Marcus L. Plant.


Standards Of Care In Dentistry, Jerome A. Streem Jan 1960

Standards Of Care In Dentistry, Jerome A. Streem

Cleveland State Law Review

This article will discuss briefly each of the three sources of liability for which a dentist might commonly be subject to a malpractice suit: negligence, assault and battery, and breach of contract.


Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr. Jan 1960

Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.

Cleveland State Law Review

In the September 1959 issue of the Cleveland-Marshall Law Reivew, Mr. Howard Oleck, Assistant Dean and Professor of Law of the School, has written an article discussing the legal relationships of physician, lawyer, and hospital administrator. While he addresses himself primarily to the legal relationships between these three groups, his article also concerns itself to some extent with the professional and administrative relationships involved. The article then goes on to discuss the case of Morwin v. Albany Hospital, and certain conclusions are drawn from the author's interpretation of this case which he applies to the "triangle" of doctor, lawyer, and …


Standard Of Care Of Medical General Practitioners, Milton Oppenheim Jan 1960

Standard Of Care Of Medical General Practitioners, Milton Oppenheim

Cleveland State Law Review

The law takes into account such matters as differences in various schools or systems of medicine, the state of medical acumen and knowledge, the established mode of practice, the locality, and conditions of practice. To reach a logical standard for physicians, and especially for that segment of the profession designated as "the general practitioner," various requirements are recognized by the law. Some courts insist that the degree of care and skill shall be commensurate with the advanced state of the science at the time of rendition of the service. This concept of the amount or degree of scientific medicine must …


Anesthesiology And The Law - In The Long View, Carl E. Wasmuth Jan 1960

Anesthesiology And The Law - In The Long View, Carl E. Wasmuth

Cleveland State Law Review

Anesthesiology is the youngest of the medical specialties. Born of surgical parents, it was nurtured through its infancy by well-meaning and dedicated physicians. Even now this specialty is one of the most litigated fields of medicine, rivaling radiology, surgery, and plastic surgery. This, however, is at best a dubious distinction. Considering the nature of the specialty, one can easily understand the reason. In the hands of the anesthesiologist rests the life of every patient undergoing a surgical operation.


Hospital Privileges Revisited, Irwin N. Perr Jan 1960

Hospital Privileges Revisited, Irwin N. Perr

Cleveland State Law Review

It is the opinion of this writer that the laws relating to hospital privileges basically are sound and in the public interest.There is no clear reason to overthrow the accumulated wisdom of the last hundred years. American hospitals have become the best in the world because of the freedom with which they have been allowed to function. This does not militate against the constant march for improvement. As can be seen, there are cases where individuals are handicapped in their use of hospitals.These situations reflect social problems, not defects in existing laws which, like our Constitutional rights, sometimes are somewhat …


Workmen's Compensation - Occupational Diseases - Radiation Injury Amendment, Vance A. Fisher S.Ed. Dec 1959

Workmen's Compensation - Occupational Diseases - Radiation Injury Amendment, Vance A. Fisher S.Ed.

Michigan Law Review

The Kansas Workmen's Compensation Act has recently been amended to take more complete account of the complex nature of injuries which might arise through the increased use of radioactive materials and ionizing radiation. The effect of the amendment is twofold. First, it makes more inclusive the definition of radiation injury as an occupational disease by treating "exposure to ionizing radiation" as a cause of compensable injury. Second, it removes all time limitation periods with regard to the giving of notice and the filing of claims and extends the general limitation period from one year from the date of disablement or …


Lawyers' Medical Cyclopedia Of Personal Injuries And Allied Specialties, Edited By Charles J. Frankel, J. W. Holloway, Jr., Paul E. Mcmaster, Kenneth R. Redden, Frederick P. Bamberger Oct 1959

Lawyers' Medical Cyclopedia Of Personal Injuries And Allied Specialties, Edited By Charles J. Frankel, J. W. Holloway, Jr., Paul E. Mcmaster, Kenneth R. Redden, Frederick P. Bamberger

Indiana Law Journal

No abstract provided.


Privileged Communications Between Physician And Patient, By Clinton Dewitt, Austin V. Clifford Oct 1959

Privileged Communications Between Physician And Patient, By Clinton Dewitt, Austin V. Clifford

Indiana Law Journal

No abstract provided.


Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross May 1959

Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross

Michigan Law Review

A number of recent events makes it timely to reconsider certain aspects of the relation between psychiatry and the law. In the past decade, both the public and the legal profession have been increasingly concerned with the impact of mental illness on the law. In 1952, an outstanding text, Psychiatry and The Law, was published as the joint effort of a lawyer and a psychiatrist. Two years later the Durham case laid down a new test of insanity in criminal cases, rejecting the M'Naghten rule. Interest in the case resulted in a host of law review articles, symposiums, and …


Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed. May 1959

Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.

Michigan Law Review

The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …


Medical Aspects Of Chemical Tests For Intoxication, Philip Jones Jan 1959

Medical Aspects Of Chemical Tests For Intoxication, Philip Jones

Cleveland State Law Review

Three chemical tests are most frequently used. These are the estimation of the alcohol content of the (1) blood, (2) urine, and (3) breath. Each of these shows a reasonably accurate estimation of the degree of intoxication provided certain precautions are observed. Unfortunately, under some circumstances the results of these tests may be misleading and be invalid in evidence. In order to appreciate these limitations it is necessary to understand the physiology of the absorption and excretion of alcohol in the body.


Physician's Use Of Hospital Facilities: Right Or Privilege, Jewel Hammond Mack Jan 1959

Physician's Use Of Hospital Facilities: Right Or Privilege, Jewel Hammond Mack

Cleveland State Law Review

The issue is clear: Do the hospitals exist primarily as corporations (business entities), of primary concern only as "private preserves" governed solely as their administrators wish?Or do the hospitals exist primarily as facilities for medical aid to the public; as instrumentalities for physicians to use in aiding the public? Put otherwise, the issue is: Do doctors exist for the convenience of hospitals, or hospitals for the convenience of doctors? Should public interests or hospital management interests come first?The answers are obvious. The law as it is now is contrary to the public's interests.


Surgery Of Major Blood Vessels: Standards Of Care, Victor G. Dewolfe Jan 1959

Surgery Of Major Blood Vessels: Standards Of Care, Victor G. Dewolfe

Cleveland State Law Review

This article presents a "technical standards of care." approach to the question of malpractice. The article describes a common disease, its symptoms and proper diagnosis, proper methods of treatment and surgery, and the probable results. The footnotes give briefly the various aspects of liability of the physician for malpractice, which liability may arise due to mistakes, negligence or unexpected occurrences in this type of treatment.


Doctor, Lawyer, And Hosptial Administrator: A New Triangle, Howard L. Oleck Jan 1959

Doctor, Lawyer, And Hosptial Administrator: A New Triangle, Howard L. Oleck

Cleveland State Law Review

Hospitals are deeply invovled in the great majority of medicolegal case problems. Yet surprisingly little attention has been given to the relation of the hospital to doctor lawyer-patient situations as a factor in itself. Most discussions of hospitals and law deal generally with hospital liability for negligence of hospital agents-as though the hospital were a monolithic entity in itself. Lawyers seldom look further into the relation of the doctor to the hospital administration and vice versa; deeming this to be a matter of small concern to them. Doctors, of course, know well the importance of hospital politics and procedures to …


Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart Jan 1959

Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart

Cleveland State Law Review

Since the passage of three centuries has seen the explanation for excessive drinking progress from a vice to a disease, it is pertinent to have a brief study of the recent findings about alcoholism in order to compare these newer medical concepts with some of the legal principles on drunkenness which have been long and firmly established in the law.


Paternity And Prolonged Pregnancy, Irwin N. Perr Jan 1959

Paternity And Prolonged Pregnancy, Irwin N. Perr

Cleveland State Law Review

The question of paternity and prolonged pregnancy is a subject not only of great professional interest to lawyers and physicians, but is one that all of us find sometimes intriguing, sometimes humorous, and sometimes tragic.


A Study Of Fatal Trauma, Earl B. Sanborn Jan 1958

A Study Of Fatal Trauma, Earl B. Sanborn

Cleveland State Law Review

Treatment of the complications of the injured patient is frequently more important than the injury itself. Such complications as shock, traumatic wet lung, atelectases, etc., are a direct result of the injury. Patients may suffer obvious severe trauma, only to die of the unrecognized and untreated complication. Postmortem examinations establish the nature, extent and effect of trauma-i.e., causation, from the lawyer's as well as the physician's point of view.In all cases of death following traumatic accident, the lawyer should investigate the unapparent as well as the obvious injuries; ordinarily by use of autopsy. In a surprising number of cases inadequate …


Frontal Injuries Of The Skull, Paul H. Crandall Jan 1958

Frontal Injuries Of The Skull, Paul H. Crandall

Cleveland State Law Review

Results of injuries to the frontal parts of the skull are often serious but treatable by prompt surgery. Various types of fractures are common. Most dangerous is the possibility of infection in the interior cavities of the skull. X-ray study of such injuries is practically mandatory. Failure to give prompt and proper treatment often results in serious complications later. Any injury to the frontal parts of the skull should be viewed by attorneys as serious, with strong probability of future complications except perhaps when prompt medical attention of highly modern character has forestalled some of the possible complications.


Secondary Effects Of Trauma: (Pain) Sympathetic Dystrophies, Louis W. Lewis Jan 1958

Secondary Effects Of Trauma: (Pain) Sympathetic Dystrophies, Louis W. Lewis

Cleveland State Law Review

Sympathetic Dystrophy or causalgia (pain) is a disability following traumatic injury. It consists of burning pain, glossy sweating, skin changes, and exquisite tenderness caused by tissue damage involving the sympathetic nervous system. Treatment consists of "blocking" the sympathetic nerves to the area by injecting drugs or by surgical repair. As the item of "pain and suffering" always is a major factor in a lawyer's estimate of the proper amount of a damage award, the medical analysis here presented is of wide interest and utility to lawyers as well as to physicians.


Relation Of Trauma, Disease, And Law - Panel Discussion, Joseph A. Cox, Alfred Koerner, S. Charles Franco, Kenneth H. Macgregor Jan 1958

Relation Of Trauma, Disease, And Law - Panel Discussion, Joseph A. Cox, Alfred Koerner, S. Charles Franco, Kenneth H. Macgregor

Cleveland State Law Review

A symposium on "Relation of Trama, Disease, and Law." The symposium took place under the auspices of the Amerian Board of Legal Medicine Inc., in conjucntion with the sesquicentennial meeting of the Medical Society of the State of New York.


Premenstrual Tension, Medicine And Law, Irwin N. Perr Jan 1958

Premenstrual Tension, Medicine And Law, Irwin N. Perr

Cleveland State Law Review

The premenstrual tension syndrome is one characterized by emotional and physiologic symptoms occurring in the period preceding menstruation. A medical re-evaluation and description for the attorney may serve to clarify a subject full of misunderstandings, superstitions and false concepts.