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Articles 391 - 420 of 453
Full-Text Articles in Health Law and Policy
Legal Issues In Creating Ppo's, Douglas L. Elden, Richard A. Hinden
Legal Issues In Creating Ppo's, Douglas L. Elden, Richard A. Hinden
Journal of Law and Health
The development of alternate health care delivery and reimbursement mechanisms, particularly those known as "Preferred Provider Organizations" (PPOs), raise a multitude of legal issues. Each PPO will exist in different market conditions and under different state laws. Therefore, while this Article seeks to identify and discuss the legal issues, it cannot provide definitive answers. This Article can, however, serve as a guideline or checklist for PPO analysis and provide recommendations and alternatives for dealing with the legal roadblocks that occur in the formation and operation of PPOs. This discussion will be general in nature and cannot substitute for legal advice …
Medical Authority And Infanticide, Patrick A. Malone
Medical Authority And Infanticide, Patrick A. Malone
Journal of Law and Health
This Article tries to explicate the way in which legal regulation interacts with the medical profession's theories of health and illness in order to construct the social reality of health care and of specific issues such as infanticide. Part II of the Article demonstrates how the professional autonomy granted to medicine by the legal system makes possible professional domination over individual decisions and reinforces a societal view of health issues compatible with continued medical dominance. Part III shows how this legal dominance expresses itself in the infanticide context. Part IV analyzes basic flaws in the presumptions underlying the legal system …
Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough
Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough
Cleveland State Law Review
It seems inevitable that new causes of action will evolve as more childless couples resort to the use of the new reproductive methodologies. The prenatal tort claims abounding in precedent today lay a firm foundation for the recognition of a new form of tort liability. This Note will first examine briefly the history of prenatal torts, and present the status of recovery today. The Note will then examine the history and current status of the doctrine of parent-child immunity in the United States. Concentrating on these two concepts, the nature of a tort claim by an injured child for prenatal …
Mental Hospital Drugs, Professionalism, And The Constitution, Sheldon Gelman
Mental Hospital Drugs, Professionalism, And The Constitution, Sheldon Gelman
Law Faculty Articles and Essays
No abstract provided.
Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone
Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone
Cleveland State Law Review
I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the Department of Mental Health. Those of you who like to think of the law as reason and justice tempered by mercy will be offended by what I have to say; but I shall be evenhanded. Those of you who think of medicine as science and art tempered by compassion will also be offended. My justification for the critical and polemical thesis I shall …
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Cleveland State Law Review
Despite their importance, the discussion of remedies for state hospital drugging has been largely ad hoc and uninformed. This study attempts to fill that gap. It explores four such remedies, attempting to identify the vision of the drug problem that underlies each one; to evaluate that vision and its plausibility; and to determine what the actual effects of imposing the remedy would be. Part I distinguishes between two approaches to remedy-"structural" and "atomistic"-and, as a basis for testing the two, describes a state hospital's handling of the most serious drug side effect. Part II explores a family of atomistic remedies. …
O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss
O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss
Cleveland State Law Review
On June 26, 1975, the Supreme Court was confronted with the controversial issue of whether there is a constitutionally guaranteed right to treatment for nondangerous persons who have been involuntarily and civilly committed to mental institutions. The Court avoided this long advocated issue and created the potential for future litigation by holding that a state cannot constitutionally confine a nondangerous individual solely for custodial care if such person can live safely in the outside world, without a finding of more than mere mental illness. This comment will discuss the decision in terms of the most volatile and frequently urged constitutional …
Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler
Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler
Cleveland State Law Review
A few years ago medical malpractice suits were something of a rarity in the United States. They now appear to be a major national problem. The magnitude of this ever increasing problem can be illustrated by the fact that a Senate subcommittee, chaired by Sen. Abraham Ribicoff, has investigated the increase in malpractice litigation and that President Nixon has ordered the establishment of a Commission on Medical Malpractice, under the Department of Health, Education and Welfare, to research the problem and report a possible solution by March 1, 1972.
Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne
Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne
Cleveland State Law Review
New methods must be devised to increase the efficient use of the available supply of physicians. "Among the innovations being tried with physicians is the development of new disciplines involving assistants to physicians." Increasing utilization of returning medics from the armed forces is being undertaken to help relieve the civilian manpower shortage. The legal implications of these developments range from problems of licensure to considerations of vicarious liability for an assistant's negligence (malpractice) or for the negligence of the assistant's supervising physician. It is with a species of this latter problem that this paper will be concerned. But one ought …
Rehabilitation Of Drug-Dependent Persons, Paul A. Lichtman
Rehabilitation Of Drug-Dependent Persons, Paul A. Lichtman
Cleveland State Law Review
In today's fast-paced society, we are the witnesses of a very unusual phenomenon. People are consuming drugs at a rate never before realized. Stimulant drugs are being taken to keep the individual going during the day. Depressant drugs are being ingested to help the individual bury his anxieties. Drugs have been developed for practically every form of illness, whether organic or psychological. The majority of people who do use the various kinds of legend drugs do so legally, under a physician's supervision. There is am growing minority, however, who abuse drugs to the extent that these individuals become what is …
Aged Or Disabled Physicians, Peter P. Zawaly Jr.
Aged Or Disabled Physicians, Peter P. Zawaly Jr.
Cleveland State Law Review
This article will not concern itself, per se, with the recently much written about subject of medical professional liability. "The concept of professional liability should never be equated with the concept of incompetence", for the former is a malperformance at a given time, whereas the latter is the lack of ability to perform at all. Those illnesses, whereby a physician is rendered incompetent, that will be treated in the following text with particular attention, are senility, drug addiction, and alcoholism. Once establishing the scope of the problem, a brief examination of the disciplinary measures available within the profession and their …
Contributory Negligence In Medical Malpractice, Diane Shelby
Contributory Negligence In Medical Malpractice, Diane Shelby
Cleveland State Law Review
The best and most complete defense to a charge of malpractice is the allegation and proof of the absence of negligence. It is also the most often used defense. Of the less popular defenses, contributory negligence on the part of the patient is probably the least attractive and the most difficult to maintain, even though it has been held to be a complete bar to recovery in several cases difficult to categorize.
Malpractice Actions Without Expert Medical Testimony, William P. Gibbons
Malpractice Actions Without Expert Medical Testimony, William P. Gibbons
Cleveland State Law Review
Fear of malpractice actions against them is causing physicians to "run scared." Some physicians now say that they feel that the threat of legal action has materially altered the practice of medicine. Defensively, some medical doctors say that they are ordering additional X-rays and lab tests, just to have them on record. Others say they are just plain afraid to try new techniques and diagnostic treatments because of the specter of a malpractice action. Innovative techniques carry additional risks, and some doctors admit that in some risky situations they merely do what will keep them out of trouble rather than …
Chiropractors As Expert Medical Witnesses, Ronald J. Zele
Chiropractors As Expert Medical Witnesses, Ronald J. Zele
Cleveland State Law Review
This paper examines the rules of evidence concerning the admissibility of testimony of chiropractors as expert medical witnesses.
Impact Trauma As Legal Cause Of Cancer, Donald J. Ladanyi
Impact Trauma As Legal Cause Of Cancer, Donald J. Ladanyi
Cleveland State Law Review
Consider the following hypothetical situation: A voluptuous blonde is window shopping along New York's fashionable Fifth Avenue. Her trek brings her to a corner street intersection which she begins to cross. A recklessly driven automobile careens around the corner and strikes the defenseless blonde pedestrian amidships, causing her to be hurled against a utility pole. Her breast strikes the pole and absorbs the full effect of the impact. A local hospital determines that her injuries consist of only a black and blue bruise spot on her breast. The swelling, due to the injury, subsides and the discoloration disappears within a …
Compulsory Community Care For The Mentally Ill, Beatrice K. Bleicher
Compulsory Community Care For The Mentally Ill, Beatrice K. Bleicher
Cleveland State Law Review
At the present time, the benefits of community care are limited to voluntary patients, but they should be extended to involuntary patients as well. This paper discusses the need for compulsory community care and the steps taken to meet this need in a few states and in Britain. Finally, it proposes legislation which could cope with the problems of providing community care for the civilly committed.
Book Review, Martin A. Levitin
Book Review, Martin A. Levitin
Cleveland State Law Review
Reviewing W. M. Gefafer, ed., Occupational Diseases, A Guide to Their Recognition, U.S. Government Printing Office, 1964
Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma
Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma
Cleveland State Law Review
Mental illness is principally a medical problem, but there are basic legal considerations to be observed, and these considerations should not be impatiently brushed aside as "mere technicalities" of legal procedure. On the other hand, legal provisions relating to hospitalization of mental patients should be viewed by legislators, lawyers, and judicial officials as mechanism for prompt and effective care and treatment, for safeguarding civil rights, and for protecting the community. All these aspects are important and undue concern for one aspect should not work to the detriment of the others. Moreover, in actual practice, no legal provision should defeat the …
Electroencephalography (Eeg) In Head Injuries, Andre A. Weil
Electroencephalography (Eeg) In Head Injuries, Andre A. Weil
Cleveland State Law Review
Clinical electroencephalography has gained remarkably in popularity during the past twenty years. Correspondingly we find it with more frequency in medico-legal problems, particularly the ones pertaining to head injuries.
Medico-Legal Aspects Of The Electroencephalogram, Walter P. Mahle
Medico-Legal Aspects Of The Electroencephalogram, Walter P. Mahle
Cleveland State Law Review
Brain injuries are difficult to prove and the lawyer must use all demonstrative evidence available to him to make the jury aware of the injury to his client. The electroencephalogram, though it has only been used as a diagnostic tool and as demonstrative evidence for the last fifteen to twenty years, is becoming more important in this field. It is becoming a more exact science and, it is believed, will be used more widely in the future. There does not appear to be any great problem of admissibility where they are properly identified, performed by competent technicians, using adequate equipment, …
Damages For Potential Residuals Of Brain Injuries, Jerry B. Kraig, Henry A. Hentemann
Damages For Potential Residuals Of Brain Injuries, Jerry B. Kraig, Henry A. Hentemann
Cleveland State Law Review
The seriousness of damage to the head and resultant impairment of the body functions has been given proper cognizance as evidenced by substantial jury awards. Injury to the brain, however, may not only result in immediate damage to the body function but may result in damage that will be experienced at a remote future time.
Alcoholism As A Medicolegal Problem, John M. Macdonald
Alcoholism As A Medicolegal Problem, John M. Macdonald
Cleveland State Law Review
Medico-legal aspects of alcoholism include determination ofcriminal responsibility, medical evaluation of drunken drivers, interpretation of chemical tests of intoxication and the involuntary commitment of alcoholics to mental hospitals. The policymaking functions of attorneys, both in public positions such as membership in the legislature, and in private practice demand knowledge of the origins, course and social consequences of the disease.
Physiology Of Ethyl Alcohol, Lewis H. Bronson
Physiology Of Ethyl Alcohol, Lewis H. Bronson
Cleveland State Law Review
The physiological effects of ethyl alcohol depend almost entirely on its concentration in the blood stream. This concentration, expressed in per cent, is referred to as the blood alcohol level and has become of increasing medico-legal importance in determining the degree of alcoholic intoxication.
Alcoholism As A Medicolegal Problem, John M. Macdonald
Alcoholism As A Medicolegal Problem, John M. Macdonald
Cleveland State Law Review
Medico-legal aspects of alcoholism include determination ofcriminal responsibility, medical evaluation of drunken drivers, interpretation of chemical tests of intoxication and the involuntary commitment of alcoholics to mental hospitals. The policymaking functions of attorneys, both in public positions such as membership in the legislature, and in private practice demand knowledge of the origins, course and social consequences of the disease.
Physiology Of Ethyl Alcohol, Lewis H. Bronson
Physiology Of Ethyl Alcohol, Lewis H. Bronson
Cleveland State Law Review
The physiological effects of ethyl alcohol depend almost entirely on its concentration in the blood stream. This concentration, expressed in per cent, is referred to as the blood alcohol level and has become of increasing medico-legal importance in determining the degree of alcoholic intoxication.
Physiology Of The Heart, Frederick F. Waugh
Physiology Of The Heart, Frederick F. Waugh
Cleveland State Law Review
The heart has been subject of much literature, ranging from rudimentary studies found in elementary biology texts, to obtuse technical theses of specific aspects of the many functions and disorders of this organ. Due to the magnitude of the subject, this article will be restricted to a very perfunctory treatment of the subject, which concerns the function of the heart and the various disorders affecting it.
Ownership Of X-Rays, Ronald J. Harpst
Ownership Of X-Rays, Ronald J. Harpst
Cleveland State Law Review
The question as to who has property rights in x-ray films has been the subject of controversy between physician, attorney, patient and hospital. Although there have been few cases dealing specifically with this problem, the issue often has been raised privately among physicians and in attorney-physician debates. The object of this article is to acquaint the attorney and physician with the main approaches to the problem of ownership of x-rays, and to supplement the various approaches with leading cases.
Physiology Of The Brain And Related Trauma, Edward W. Shannon
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
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
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 …