Open Access. Powered by Scholars. Published by Universities.®

Medical Jurisprudence Commons™

Open Access. Powered by Scholars. Published by Universities.®

Evidence

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 271 - 300 of 303

Full-Text Articles in Medical Jurisprudence

Special Law For Medical Specialists, Bernard R. Koehne, James G. Young Jan 1965

Special Law For Medical Specialists, Bernard R. Koehne, James G. Young

Cleveland State Law Review

We do not question the need for, or the benefits of specialization, but rather point to some of the confusion which results, in legal cases involving the medical specialist. The apparent contradiction that appears in proceedings involving specialists is illustrated by two cases where the patient's heart stopped beating while on the operating table.

Go to article

Positive Handling Of The Negative X-Ray, Lawrence V. Hastings Jan 1965

Positive Handling Of The Negative X-Ray, Lawrence V. Hastings

Cleveland State Law Review

Defense counsel usually pounce on "negative" x-rays, i.e., ones which show little or no change from before to after the accident. They triumphantly parade admissions from medical witnesses that "the x-rays in the case are totally negative," before a jury which is enormously impressed through abysmal ignorance of what x-rays can and do show. Thus, the problem facing counsel for the injured party is how most persuasively to acquaint the jury with means of properly evaluating x-rays in view of their significant attributes and their deficiencies. Plaintiff's counsel must somehow explain the purpose of x-rays, augment their limited information, and/or …

Go to article

Conspiracy Of Silence, Richard M. Markus Jan 1965

Conspiracy Of Silence, Richard M. Markus

Cleveland State Law Review

The requirement that independent expert medical testimony establish the proper standard of care and the defendant's failure to meet that standard imposes an almost insurmountable obstacle in many cases. The so-called conspiracy of silence has been recognized, as a matter of judicial notice, by courts in New Jersey, California, and elsewhere. The use of that phrase to describe the unavailability of medical witnesses has particularly dramatic force which impresses a court and jury. However, no apt phrase could detract from the reality of this practical problem which faces an attorney representing a client seeking damages from a physician for professional …

Go to article

Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks Jan 1965

Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks

Cleveland State Law Review

There is a need in most malpractice suits to impress the jury with the operation and effect of the conspiracy of silence,and in most jurisdictions, to do so would apparently not, and certainly should not, result in reversible error if done in a reasonable and temperate manner.

Go to article

Ril Vs. The Expert Witness In Malpractice Cases Sep 1964

Ril Vs. The Expert Witness In Malpractice Cases

Washington and Lee Law Review

No abstract provided.

Go to article

Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr Jan 1963

Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr

Cleveland State Law Review

The word "versus" in the title presents what we think is one of the most important problems of plaintiff trial lawyers today. After years of preparation, we submit our case to a jury; our medical witnesses offer testimony based on long time observation, treatment and evaluation. Then, in walks the defendant's doctor and proceeds to plunge a dagger into our case by calling our client either a malingerer or a neurotic, or just a plain liar. He testifies that he saw none of the objective signs that our medical examiners found, and concludes that all of the subjective complaints are …

Go to article

Semantics Of Traumatic Causation, Richard M. Markus Jan 1963

Semantics Of Traumatic Causation, Richard M. Markus

Cleveland State Law Review

Sometime before the trial of every personal injury case, each lawyer involved must make sure that the physicians whom he will call to testify understand the legal meaning of certain medical words. Counsel have not sufficiently prepared their case from a medical viewpoint, when they have ascertained the trauma sustained and its medical consequences. The lawyer must also educate the doctor about legal technicalities which will control the significance of the doctor's testimony. Among the most important formal requirements on the physician's testimony are those which relate to the language of causation. This article will discuss the views of various …

Go to article

The Basis Of Medical Testimony, Paul D. Rheingold Mar 1962

The Basis Of Medical Testimony, Paul D. Rheingold

Vanderbilt Law Review

Like any other expert, the medical witness is brought into court to render an opinion upon technical issues involved in a case. Fundamental to the opinions or conclusions which the medical witness renders is a matrix of data learned, observed or related, both fact and opinion. These subsidiary items, taken together, are commonly referred to as the basis of expert testimony. Thus a doctor, in testifying on the cause of a patient's condition, for example, might refer to and rely upon what he has observed in examining the patient, upon what the patient has told him of his symptoms, and …

Go to article

Autopsy Evidence, Garcon Weiss Jan 1962

Autopsy Evidence, Garcon Weiss

Cleveland State Law Review

Frequently death results in legal problems, either civil or criminal, the solutions of which depend on the cause of death. The autopsy (necropsy), or post-mortem examination, is the scientific method of determining the cause of death. An autopsy is the careful inspection of the external and internal structures of the body. There are two types of autopsy, the medical autopsy and the medico-legal autopsy. This article is limited to the use of the autopsy for medico-legal purposes, i.e., for obtaining and submitting evidence.

Go to article

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 …

Go to article

Physician-Patient Privilege In Ohio, Naoma Lee Stewart Jan 1959

Physician-Patient Privilege In Ohio, Naoma Lee Stewart

Cleveland State Law Review

Throughout its history the physician-patient privilege has been the subject of controversial discussion, and in recent years these discussions have been dominated by voices of bitter disapproval and severe criticism. Judges, lawyers, textwriters, and teachers have denounced the privilege by characterizing it as everything from a "monumental hoax" to a "clever legerdemain loaned by the law to the parties to suppress the truth." Critics maintain that in the majority of reported cases the patient invoked the privilege, not to protect his privacy or to prevent the disclosure of humiliating personal facts (supposedly the purpose for the creation of the privilege), …

Go to article

Hospital Records As Evidence, Robert B. Dunsmore Jan 1959

Hospital Records As Evidence, Robert B. Dunsmore

Cleveland State Law Review

Court decisions are not in harmony as to the admissibility of hospital charts and records as evidence in a court of law. At common law they are not recognized as valid evidence. In the absence of a statute requiring hospitals to keep clinical charts or records, many courts adopt the view that such a chart or record is admissible as evidence only under some exception to the Hearsay Rule and after a proper foundation has been laid for bringing the case within the particular exception. If such a foundation is laid, a hospital chart or record is, according to the …

Go to article

Medical Evidence And Testimony, Robert V. Lamppert Jan 1959

Medical Evidence And Testimony, Robert V. Lamppert

Cleveland State Law Review

It is the purpose of this article to explain the various ways in which medicine becomes involved in the law and to point out the problems and difficulties involved. Since this article is written for both medical doctors and attorneys, the detailed explanations and terminology of each profession will necessarily be kept at a basic level. It is hoped that a forthright demonstration of the basic factors involved, along with an attempt to explain the problems complicating the points of controversy and misunderstanding, will help somewhat in creating a better understanding between the two professions and enable them to better …

Go to article

The Medical Witness (Film Review), William J. Curran Oct 1957

The Medical Witness (Film Review), William J. Curran

Indiana Law Journal

No abstract provided.

Go to article

Medical-Legal Relations - The Brighter Side, C. Joseph Stetler Jan 1957

Medical-Legal Relations - The Brighter Side, C. Joseph Stetler

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Causation: A Medico-Legal Battlefield, Albert Averbach Jan 1957

Causation: A Medico-Legal Battlefield, Albert Averbach

Cleveland State Law Review

In the court room, the trial lawyer strives to introduce medical testimony as to the cause of a condition or disease. Resort in many instances is made, through a hypothetical question to a non-attending physician, as to whether or not the accident described was a competent cause of a later-described or assumed condition, or "might," "could, "would," or "was" competent to have caused it. A great conflict exists in the various states as to the permissible range of inquiry in such cases, depending upon the particular jurisdiction's interpretation of the requirement that medical opinions must be reasonably certain or reasonably …

Go to article

Book Reviews, John P. Frank, Malcolm P. Sharp, Edward S. Stimson, Oliver Schroeder Jr., Clarence J. Morrow, Bertram K. Wolfe, Malcolm D. Talbott, William H. Agnor, Clarence M. Updegraff Dec 1956

Book Reviews, John P. Frank, Malcolm P. Sharp, Edward S. Stimson, Oliver Schroeder Jr., Clarence J. Morrow, Bertram K. Wolfe, Malcolm D. Talbott, William H. Agnor, Clarence M. Updegraff

Journal of Legal Education

No abstract provided.

Go to article

Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed. Apr 1955

Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.

Michigan Law Review

Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute …

Go to article

Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed. Dec 1954

Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed.

Michigan Law Review

Defendant was convicted of statutory rape on the strength of complaining witness' uncorroborated testimony. Testimony of the prosecutrix was to the effect that she had had sexual relations with defendant only once, that she had become pregnant and had given birth to a child prior to the trial, and that she had had sexual relations with no other men. Defendant moved for an order requiring that blood tests be taken of the child and the mother. The motion was denied. On appeal, held, affirmed. Assuming power, absent statute, to compel the taking of blood-grouping tests, the trial court did …

Go to article

Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs Jun 1950

Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs

Michigan Law Review

Defendant, a physician, was accused of the murder of his cancer-ridden patient by the injection of 40 c.c. of air into a vein of the patient's arm shortly before her death. The defendant had noted on the patient's medical chart the fact of the injection and that of her death, apparently a few minutes later. He subsequently dictated the same facts to his nurse, and later made similar admissions to local enforcement authorities and others making such statements on the day of his arrest and immediately thereafter. At the trial, a pathologist, called as an expert witness on behalf of …

Go to article

Scientific Proof And Relations Of Law And Medicine, John E. Tracy Apr 1943

Scientific Proof And Relations Of Law And Medicine, John E. Tracy

Michigan Law Review

Ever since lawyers first began the practice of employing expert witnesses in cases where there were questions of fact to be determined, involving the existence and extent and the causes of bodily ailments, these experts-physicians, surgeons, anatomists, chemists, pathologists, and roentgenologists-have been generous in their proffering of advice to the practicing attorney as to the matters to which his preparation for trial should be directed, the proper theories to be adopted by him as to recovery or damages and his methods of examining and cross-examining witnesses of this character. The shelves of any large law library will be found to …

Go to article

Medical Facts That Can And Cannot Be Proved By X-Ray: Historical Review And Present Possibilities, Samuel W. Donaldson Apr 1943

Medical Facts That Can And Cannot Be Proved By X-Ray: Historical Review And Present Possibilities, Samuel W. Donaldson

Michigan Law Review

As the science of the practice of medicine has progressed, new discoveries have brought out newer methods of diagnosis and treatment. With the discovery of x-rays by Professor Wilhelm Roentgen in 1895, an entirely new field was opened. The growth of this new field of medical radiology has been unusually rapid and of great importance. Radiology embraces the use of x-rays, radium, and other radioactive substances. Roentgenology is a division of radiology in that it is limited to the use of the Roentgen rays or x-rays, and medical roentgenology may be termed as the use of x-rays for the diagnosis …

Go to article

Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy May 1942

Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy

Michigan Law Review

As a defense to a suit on an insurance policy, the defendant insurer claimed that the plaintiff was intoxicated at the time of the fatal accident. Defendant offered in evidence a portion of the case record of the hospital to which plaintiff was taken after the accident, the record stating that he was "apparently well under influence of alcohol." Although it was duly authenticated under the federal statute permitting business entries to be used as evidence, this evidence was excluded by the trial court as being an observation rather than a diagnosis. Held, reversed. There was no basis for …

Go to article

Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman May 1941

Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman

Michigan Law Review

Pursuant to section 43 of the city charter, the City Council of New York appointed a special committee to investigate charges of negligence and maladministration in the treatment of patients at Lincoln Hospital. Subpoenas duces tecum were served upon the commissioner of hospitals and upon the medical superintendent of Lincoln Hospital requiring the production of hospital records, including case records relating to certain named patients. The commissioner refused to produce any of the case cards or records, justifying his position on the ground that the physician-patient privilege was applicable to legislative investigations. The New York Civil Practice Act, section 354, …

Go to article

Coroners - Inquests - Right To Exhume Body After Burial, James W. Mehaffy Jun 1938

Coroners - Inquests - Right To Exhume Body After Burial, James W. Mehaffy

Michigan Law Review

Two weeks after burial of deceased, report was received of analysis of contents of the stomach, indicating death by poisoning. The coroner desired to hold an inquest for further investigation five weeks after burial, and sought to exhume the body for that purpose. The husband of the deceased sought to enjoin the exhumation. Held, the body may be exhumed. Sejrup v. Shepard, (Minn. 1937) 275 N. W. 687.

Go to article

Evidence - Judicial Notice Of Medical Facts - Judge's Right Of Private Investigation, Edward D. Ransom Feb 1938

Evidence - Judicial Notice Of Medical Facts - Judge's Right Of Private Investigation, Edward D. Ransom

Michigan Law Review

A recent case, Anderson v. Jersey Creamery Co., invokes a discussion of the problems of judicial knowledge particularly as it is pertinent to cases involving medical science. This was an action under the Survival Act for electrocution of defendant's employee, who, while working in a wet truck, came in contact with a charged conduit. To maintain the action it was necessary to show that the death was not instantaneous. The father of the deceased testified that he saw his son's face twitch and fingers move while resuscitation was being attempted with a pulmotor. The plaintiff produced no medical testimony …

Go to article

Evidence - Exceptions To Hearsay Rule - Physician's Testimony As To Statements Of Symptoms Made By Patient, Benjamin H. Dewey Nov 1937

Evidence - Exceptions To Hearsay Rule - Physician's Testimony As To Statements Of Symptoms Made By Patient, Benjamin H. Dewey

Michigan Law Review

Plaintiff, while in the employ of the defendant, was injured when a ditch he was engaged in digging caved in upon him. Defendant alleged that the shock made active theretofore dormant pulmonary tuberculosis. He received treatment from a physician at the time of the injury. Upon plaintiff's suit under the Texas Workmen's Compensation Act, the physician was allowed to testify, over defendant's objection, that about a month and a half after the injury, the plaintiff had come to the physician's office, and reported that his sputum was stained with blood. On appeal, it was held, one judge dissenting, that …

Go to article

Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner Jan 1931

Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner

Michigan Law Review

If an applicant for life insurance, in answering the many questions put to him by the company's medical representative, tells the truth, but the examiner, in recording the answers, distorts them without the knowledge of the insured, may the beneficiary or the personal representative of the insured show this distortion by parol, and collect on the policy in spite of the presence of false written answers in the application? The New York court of appeals, in the very recent case, Minsker v. John Hancock Mutual Life Insurance Co., 254 N. Y. 333, 173 N.E. 4, answers this question in …

Go to article

Irresistible Impulse And Criminal Liability, John Barker Waite Mar 1925

Irresistible Impulse And Criminal Liability, John Barker Waite

Michigan Law Review

Do you believe in free-will, or mechanistic determinism, or fore-ordination, or fatalism? What do you mean by 'irresistible impulse'? What is the purpose of this prosecution against which you advocate, or deny, irresistible impulse as a defense; and just what do you mean by 'defense'? If, instead of one question, "is irresistible impulse a defense", we should ask these other questions of counsel, judge and medical expert, how often would their answers be in accord? Yet the one question can never be intelligently discussed in the absence of certainty and agreement as to the other premises. There are certain combinations …

Go to article

Witness--Competency Of An Allopathic Expert In The Field Of Homeopathy--Opinion On Very Fact The Jury Must Determine, Victor H. Lane Jan 1919

Witness--Competency Of An Allopathic Expert In The Field Of Homeopathy--Opinion On Very Fact The Jury Must Determine, Victor H. Lane

Articles

Van Sickle v. Doolittle, (Ia., 1918), 169 N. W. 141, was an action for malpractice against a physician of the homeopathic school of medicine. Upon the trial, a physician of the allopathic school was called, and after testifying that he was unskilled in the science of homeopathy, was allowed to testify that the treatment shown to have been given to the patient by defendant, would produce no physiological effect, and that proper treatment required the giving of such medicines as would produce such effect. This was held error upon the ground that the defendant was called to treat the patient …

Go to article

First Prev Next Last