Health Law and Policy Commons^™

Myelography, Laminectomy, And Fusion In Workman's Compensation - Compelling The Claimant To Submit, William L. Wilks

William & Mary Law Review

No abstract provided.

Session Law 72-264, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Foreign Objects And Doctors' Liability, Joseph Askew

North Carolina Central Law Review

No abstract provided.

Medical-Legal Screening Panels As An Alternative Approach To Medical Malpractice Claims, Robert L. Winikoff

William & Mary Law Review

No abstract provided.

The Occupational Safety & (And) Health Act: Much Ado About Something, Marjorie E. Gross

Loyola University Chicago Law Journal

No abstract provided.

Guaranteeing Treatment For The Committed Mental Patient: The Troubled Enforcement Of An Elusive Right, Irwin Brown

Maryland Law Review

No abstract provided.

Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman

University of Michigan Journal of Law Reform

While performing his duties a police officer may frequently be confronted with the behavior of an individual which threatens or has resulted in self-inflicted injury, or which poses an imminent threat to the safety of others. Under such circumstances an officer may determine that criminal arrest is inappropriate but that some form of restraint is necessary. Michigan has provided an alternative course of action by authorizing temporary emergency psychiatric detention of an individual whom a police officer deems to be "mentally ill and manifesting homicidal or other dangerous tendencies."

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.

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

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

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 …

Indigents, Hospital Admissions And Equal Protection, Charles S. Derousie

University of Michigan Journal of Law Reform

The author surveyed ten hospitals in each of ten states, including hospitals of varying sizes and classifications. Five of the forty-five replies indicated the hospital did not admit all indigents in need of medical care. The primary reason given was that prospective patients not covered by hospital insurance or government programs such as Medicaid or Medicare were usually unable to produce a required preadmission deposit. This practice of requiring a preadmission deposit seems to be common.

Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers

Articles

In 1930, Ford sold Fords only in black and states offered treatment for mental illness only in public mental hospitals. Today, new views of mental health care and mental health problems have begotten a galaxy of new treatment settings. Few cities can boast community-based programs sufficient to meet their needs, but almost all cities of any size rely increasingly on outpatient programs. The large public mental hospitals still stand, of course. Indeed, every year more people enter public hospitals than entered the year before. Over 400,000 Americans were admitted as inpatients to state and county mental hospitals last year.1 Partly …

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

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.

Medical Remedies And Human Rights: Why Civil Rights Lawyers Must Become Involved In Medical Decision-Making, George J. Annas

Faculty Scholarship

As recently as the turn of the century a random patient meeting a random physician had less than a 50:50 chance of benefiting from the encounter. Physicians were just beginning to emerge from the era when they were essentially tradesmen, often with little more to offer their patients than comfort and company during illness and death. The principal causes of mortality were the infectious diseases against which the medical community stood impotent. There were few medical schools, few diagnostic tests, no specific treatment of disease, and no specialization of physicians. In the words of former AMA president Dwight L. Wilbur, …

Recent Developments In The Law Relating To The Physician's Assistant, Alfred M. Sadler, Jr., Blair L. Sadler

Vanderbilt Law Review

The potential source of physician's assistants is enormous. In addition to the frequently cited Vietnam medic, many highly intelligent, motivated individuals could be attracted to these training programs. For example, in 1970, 24,987 people applied to medical schools although there was space for only 11,348. According to the Association of American Medical Colleges, as many as one-half of the remaining 13,639 were "fully qualified" to become physicians, and many probably would be eager and able to deliver excellent primary health care as a physician's assistant if given the opportunity. Many of the 650,000 registered nurses "in retirement" might be induced …

Jefferson V. Hackney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Abortion Reform, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Mental Illness And Criminal Commitment In Michigan, Grant H. Morris

University of Michigan Journal of Law Reform

This article concentrates on one vital issue: to what extent are differences in treatment justified because of a mentally ill person's "criminal" involvement. While the article is primarily concerned with Michigan institutions and Michigan statutes, the discussion and the solutions proposed are in many respects applicable to all states of the Union. Not only must all states reevaluate their policies toward criminal commitment of the mentally ill in light of ever-changing medical and penal theory, but they must also consider the developing constitutional concepts in this area. These constitutional issues are raised here only to the extent necessary to alert …

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

Cleveland State Law Review

This paper examines the rules of evidence concerning the admissibility of testimony of chiropractors as expert medical witnesses.

Liability For Transfusions Of Hepatitis Infected Blood

University of Richmond Law Review

Legal resolution of the liability of a supplier of a useful and desirable product which, in the present state of human skill and knowledge, is unavoidably and necessarily dangerous to the user is fraught with difficulty. A major portion of the law in this area revolves around cases of hepatitis resulting from blood transfusions. The crucial problem encountered is the nondetectibility of the hepatitis virus in the blood donor. Even though no specific viral detection test has been perfected which can be applied practically to blood banking or plasma pooling, recent observations hold promise for a more accurate method of …

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 …

Equal Protection For The Child In The Womb, Charles E. Rice

Journal Articles

During 1971, the drive for liberalized abortion laws stalled after achieving rapid successes in the preceding four years. The law in most American states still allows abortion only where, it is necessary to save the life of the mother. Since 1967, however, sixteen states have relaxed their laws to provide that abortions may now be performed in varying situations where the life of the mother is not at stake. Some states, such as New York, allow abortions virtually on request. In other states, laws forbidding abortion have been declared unconstitutional by the courts. During 1971, no further liberalization was enacted …

Mental And Nervous Injury In Workmen's Compensation, Arthur Larson

Vanderbilt Law Review

"[H]ow could it be real when. . .it was purely mental?" This poignant judicial cry out of the past, which I occasionally quote to put down my psychiatrist friends, contains the clue to almost all of the trouble that has attended the development of workmen's compensation law related to mental and nervous injuries. This equation of "mental" with "unreal," or imaginary, or phoney, is so ingrained that it has achieved a firm place in our idiomatic language. Who has not at some time, in dismissing a physical complaint of some suffering friend or relative, airily waved the complaint aside by …

The Affiliations Between Pennsylvania's Abortion Laws And Dying Declarations, Joseph M. Iacovitti

North Carolina Central Law Review

No abstract provided.

Medical Profession—Anti-Kickback Statute: Licensed Medical Practitioners May Not Receive Financial Benefits From Referral Of Patients Or Sale Of Medical Supplies To Patients.—Day V. Inland Empire Optical, Inc., 76 Wash. Dec. 2d 566, 456 P.2d 1011 (1969); Rcw Ch. 19.68 (1969), Anon

Washington Law Review

The five defendant ophthalmologists and defendant Inland Empire Optical, Inc., whose stock was wholly owned by these doctors, occupied the same building. Inside the waiting rooms of the doctors' offices were three strategically placed signs which informed patients of the presence of the optical shop on the floor below. Plaintiff doctors and a corporate optical firm brought suit to enjoin this cooperative practice, alleging a violation of Washington's anti-kickback statute. Upon defendants' appeal from a superior court decree granting the injunction, the Washington Supreme Court affirmed as modified. Held: Ophthalmologists are entitled to own stock in a dispensing optical company, …

Book Reviews, Samuel A. Bleicher, Nat. T. Winston, Jr., Dan B. German

Vanderbilt Law Review

Law-Making in the International Civil Aviation Organization By Thomas Buergenthal Syracuse University Press, 1969. Pp. viii,247. $10.50.

reviewer: Samuel A. Bleicher

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The Role of Psychiatry in Law By Manfred S. Guttmacher, M.D. Springfield: Charles C. Thomas, 1968. Pp. ix, 170. $7.50.

reviewer: Nat. T. Winston, Jr., M.D.

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The Development of Political Attitudes in Children By Robert D. Hess & Judith V. Torney Chicago: Aldine Publishing Co., 1967. Pp. xviii, 288. $9.75.

reviewer: Dan B. German