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Articles 14461 - 14490 of 14598

Full-Text Articles in Health Law and Policy

Compelled Medical Aid V. Religious Freedom Mar 1966

Compelled Medical Aid V. Religious Freedom

Washington and Lee Law Review

No abstract provided.

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Prescriptions Issued To Deceased And Fictitious Patients Are Forgeries Under New York Penal Law Although Signed With True Name Of Issuing Doctor--People V. Klein, Michigan Law Review Jan 1966

Prescriptions Issued To Deceased And Fictitious Patients Are Forgeries Under New York Penal Law Although Signed With True Name Of Issuing Doctor--People V. Klein, Michigan Law Review

Michigan Law Review

Defendant, a licensed New York physician, issued five prescriptions for narcotics, signing his own name and giving his correct address and narcotics registry number. On four of the prescriptions deceased patients were represented as the intended recipients of the drugs; on the fifth the name of a fictitious patient was used. The defendant used these forms to obtain the prescribed narcotics and administered them to an addict. He was convicted of ten counts of third-degree forgery under sections 889-b and 881 of the New York Penal Law. On appeal, held, affirmed. Prescriptions issued to deceased and fictitious patients are …

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"Imminent Danger Of Addiction" As A Ground For Involuntary Commitment In California--People V. Victor, Michigan Law Review Jan 1966

"Imminent Danger Of Addiction" As A Ground For Involuntary Commitment In California--People V. Victor, Michigan Law Review

Michigan Law Review

Since the passage of the Harrison Act in 1914, the principal means of controlling drug addiction in the United States have been rigid controls on importation and domestic production of narcotics, and increasingly heavy penal sanctions for the illegal possession or sale of addicting drugs. Effective as these measures have been in restricting the domestic traffic in narcotics and driving up the price of illegal drugs, long prison sentences have not been successful in either deterring or curing drug addiction. Recognizing the unique psychological and physiological aspects of addiction, the United States Public Health Service established hospitals in the 1930's …

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Compensation For Victims Of Crimes, Law Review Staff Dec 1965

Compensation For Victims Of Crimes, Law Review Staff

Vanderbilt Law Review

The steadily increasing number of crimes in the United States and other Western countries brings about not only the destruction of property and the expenditure of money and effort to apprehend and punish the criminals, but also physical injury to thousands of innocent victims.' Although our society has established elaborate safe-guards for the rights of the accused criminal, the injured victim is left to shoulder the responsibility of paying his own medical bills and providing for his own living expenses while he is unable to work. Because of the extremely high cost of medical and hospital care, even a well …

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Constitutionality Of Hospital Charitable Immunity Doctrine Sep 1965

Constitutionality Of Hospital Charitable Immunity Doctrine

Washington and Lee Law Review

No abstract provided.

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Vaccination Exemptions In State Schools Mar 1965

Vaccination Exemptions In State Schools

Washington and Lee Law Review

No abstract provided.

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The Unborn Plaintiff, David A. Gordon Feb 1965

The Unborn Plaintiff, David A. Gordon

Michigan Law Review

It is almost twenty-five years since Professor Winfield's article "The Unborn Child" was published. The development of this area of the law during the past quarter century is probably summed up in the distinction between that title and the one to this article.

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Book Review, Martin A. Levitin Jan 1965

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

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State Action, State Law, And The Private Hospital, Mary Mandana Long Jun 1964

State Action, State Law, And The Private Hospital, Mary Mandana Long

Michigan Law Review

On March 2, 1964, the United States Supreme Court denied a petition to review by certiorari the decision in Simkins v. Moses H. Cone Memorial Hosp. By declining to review the case the Supreme Court left unaffected the holding of the Court of Appeals for the Fourth Circuit that two private hospitals which had participated in the Hill-Burton program of federal hospital assistance were sufficiently involved with governmental action, both state and federal, to bring their conduct within the fifth and fourteenth amendment prohibitions against racial discrimination. This decision will probably affect all of the 3,346 private, non-profit hospitals in …

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Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock May 1963

Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock

Michigan Law Review

Respondent, age nineteen, appeared before the probate court of Muskingum County, Ohio, upon an affidavit filed by her mother alleging the child to be feeble-minded and in need of medical treatment. Results of psychological tests were presented at the hearing, revealing that respondent had an intelligence quotient of thirty-six and was therefore a feeble-minded person within the statutory definition. Respondent had had one illegitimate child, for whom she was unable to provide even rudimentary care or financial support, and was physically capable of bearing more children. Taking judicial notice that the state mental hospitals were then overcrowded and unable to …

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Sales-Implied Warranty-Merchantable Quality Of Tobacco Products, John E. Mogk Apr 1963

Sales-Implied Warranty-Merchantable Quality Of Tobacco Products, John E. Mogk

Michigan Law Review

Decedent's widow and the administrator of his estate brought a consolidated suit against the American Tobacco Company on six theories of liability for the death of decedent, allegedly caused by lung cancer purportedly contracted from the smoking of defendant's cigarettes. At the close of plaintiff's evidence, the district court directed a verdict for defendant on all counts except those of implied warranty and negligence. The jury determined that, although defendant's cigarettes were the cause of decedent's lung cancer and resultant death, defendant had no means of knowing that the cigarettes would cause cancer. On appeal of the implied warranty charge …

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Book Review Of Narcotics And The Law, Joseph M. Cormack Apr 1963

Book Review Of Narcotics And The Law, Joseph M. Cormack

William & Mary Law Review

No abstract provided.

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Aid For The Medically Indigent, Jacob Meerman, Millard Long Dec 1962

Aid For The Medically Indigent, Jacob Meerman, Millard Long

Vanderbilt Law Review

In the following paper we discuss the ability of low income groups to purchase needed care, consider the private alternatives to government action, find these deficient, and hence review various proposals made to the Congress. Finally, we examine a proposal which, while originally propounded in the early Fifties, has received little attention in the recent debates. To the authors, it would seem the best approach to care for the indigent.

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Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed. Jun 1962

Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed.

Michigan Law Review

Res ipsa loquitur, "the thing speaks for itself," has been the subject matter of extensive legal literature since its inception almost a century ago. It is now well settled that res ipsa loquitur is no more than an inference of negligence from circumstantial evidence. The doctrine is applicable if an act or occurrence is of the type that ordinarily would not take place without negligence, assuming the plaintiff has himself been passive, and if the instrumentality causing the harm is within the exclusive control of the defendant. The application of res ipsa loquitur to the medical malpractice area has …

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The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis May 1962

The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis

Michigan Law Review

When an insured loss occurs under circumstances that make a third person liable to reimburse the insured, there are various possible ways to adjust the loss among the three persons involved. One solution would permit the policyholder to recover both on the insurance and from the third person, i.e., would permit double recovery for the loss. A second solution would give the third person the benefit of the insurance by denying recovery from him. A third solution would subrogate the insurer to the policyholder's rights against the third person. Combinations of these three solutions are possible by applying sometimes …

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Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr. Apr 1962

Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.

Michigan Law Review

In common with other nations of the world the United States today as in the past is faced with the problem of controlling prostitution, particularly in urban areas. At one time or another states and cities in the United States have experimented with the classic methods of controlling prostitution: reglementation, segregation and repression. Reglementation of individual houses or prostitutes has never been carried out on a statewide basis in any state in the United States, though one can find instances in certain large cities in the nineteenth and early twentieth centuries in which city ordinances or de facto police regulations …

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Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma Jan 1962

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 …

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Electroencephalography (Eeg) In Head Injuries, Andre A. Weil Jan 1962

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.

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Medico-Legal Aspects Of The Electroencephalogram, Walter P. Mahle Jan 1962

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, …

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Damages For Potential Residuals Of Brain Injuries, Jerry B. Kraig, Henry A. Hentemann Jan 1962

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.

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Alcoholism As A Medicolegal Problem, John M. Macdonald Jan 1962

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.

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Physiology Of Ethyl Alcohol, Lewis H. Bronson Jan 1962

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.

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Alcoholism As A Medicolegal Problem, John M. Macdonald Jan 1962

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.

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Physiology Of Ethyl Alcohol, Lewis H. Bronson Jan 1962

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.

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Physiology Of The Heart, Frederick F. Waugh Jan 1962

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.

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Ownership Of X-Rays, Ronald J. Harpst Jan 1962

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.

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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.

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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.

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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 …

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Private Responsibility For The Costs Of Care In Public Mental Institutions, David W. Mernitz Jul 1961

Private Responsibility For The Costs Of Care In Public Mental Institutions, David W. Mernitz

Indiana Law Journal

No abstract provided.

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