Medical Jurisprudence Commons^™

Tort Liability Of Institutional Review Boards, Linda Bordas

West Virginia Law Review

No abstract provided.

Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl

University of Richmond Law Review

The standard of care in a medical negligence action represents the duty which the defendant physician, nurse, hospital or other health care provider owes to the patient. In Virginia, it is that degree of care and skill possessed by the reasonably prudent practitioner of the same specialty in this state. This standard is an elusive one at best. While learned treatises and journal articles assist in determining the standard, in practice the plaintiff offers experts who state, based on their knowledge, training, and experience that the standard of care requires the defendant to provide a particular type of care which …

Medical Malpractice Statute Which Prevents Tolling Of Limitations During Infancy Violates Due Process Clause Of Texas Constitution., Christopher J. Volkmer

St. Mary's Law Journal

Abstract forthcoming.

Physician's Negligence Giving Rise To The Birth Of A Healthy But Unplanned Child: A Summary Of Damages Recoverable By The Parents, Kenneth F. Hardt

University of Richmond Law Review

The decision to undergo a sterilization operation or an abortion is the result of considering many complex emotional and financial factors. The operation may be sought to avoid potential health risks associated with childbirth, or it may be sought to avoid the financial stress a new child will place on the family unit. Regardless of the rationale underlying the decision, the individual will require medical assistance. In some situations, however, this medical assistance is negligently performed, and the result may be the birth of a healthy but unplanned child.

Res Ipsa Loquitur And Medical Malpractice In Georgia: A Reassessment, Thomas A. Eaton

Scholarly Works

Part II of this Article addresses the threshold issue of when a court may consider a medical accident as one that ordinarily does not occur in the absence of negligence. This part criticizes the blanket rejection of res ipsa loquitur in Georgia malpractice opinions. Judicial hostility toward res ipsa loquitur in these cases is based in large part on a misunderstanding of the so-called presumption of due care. This part then explains how an inference of negligence may be harmonized with traditional fault-based malpractice doctrine. Finally, this part addresses judicial concerns about the sufficiency of evidence. It is argued that …

What You Don't Know Will Hurt You: Physicians' Duty To Warn Patients About Newly Discovered Dangers In Previously Initiated Treatment, Barbara Eileen Calfee

Cleveland State Law Review

This Note will explore the newly recognized duty to warn a patient when the health care provider subsequently learns that previous non-negligent treatment is or may be harmful to him. The Note begins by discussing the need for a duty to follow up on medical treatment. The proposed duty is analogized to existing forms of liability involving obligations to inform, to correct and to continue acting within a special relationship. The Note then outlines the prima facie case for, and defenses to, an action for breach of the proposed duty to follow up. It then considers objections that may be …

Judicial Recognition Of Hospital Independent Duty Of Care To Patients: Hannola V. City Of Lakewood, David A. Beal

Cleveland State Law Review

This Note will examine the court's rationale in Hannola v City of Lakewood and the previous leading Ohio case on emergency room care, Cooper v. Sisters of Charity. This Note will similarly examine "control" tests of employment, the concept of apparent authority and the series of cases on independent duty of care which have been decided in the eleven years between Cooper and Hannola. It is the conclusion of this Note that the Hannola decision is more consistent with the realities of employment and service in the health care industry, and that the public policy arguments presented by the court …

Informed Consent In Washington: Expanded Scope Of Material Facts That The Physician Must Disclose To His Patient, Edwin Rauzi

Washington Law Review

Part I of this comment charts the current contours of the informed consent doctrine and traces the general pro-plaintiff shift which has developed since Washington recognized the tort a decade ago. The model used to illustrate this shift is a continuum, with the poles representing doctrinal and social policy choices favorable either to the plaintiff-patient or to the defendant-physician. Part II examines the expanded scope of the physician's duty to disclose material facts. This comment posits that the material facts which the physician must disclose to his patient are the risks involved in a proposed treatment, the alternatives to the …

Tort Law - Duty To Warn - Psychiatrist's Duty To Warn Third Parties Of Dangerous Patients, Susan Ferraro Smith

Duquesne Law Review

The Superior Court of New Jersey has held that a psychiatrist, upon a determination that his patient may be potentially dangerous, has a duty to warn a third party who may be harmed by the patient.

McIntosh v. Milano, 168 N.J. Super. 466, 403 A.2d 500 (1979).

Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel

Florida State University Law Review

By Sylvia Law and Steven Polan. New York: Harper & Row, Publishers. 1978. Pp xiv, 305. $12.95.

Physician Not Liable For Undertaking Particular Mode Of Treatment If Reasonable And Prudent Practitioner Would Have Followed Same Procedure Under Similar Circumstances., Rand J. Riklin

St. Mary's Law Journal

Abstract Forthcoming.

The Malpractice Liability Of Company Physicians, Timothy J. Paris

Indiana Law Journal

No abstract provided.

Regulating Medical Psychotherapists In Illinois: A Question Of Balance, 11 J. Marshall J. Of Prac. & Proc. 601 (1978), Michael A. Karson

UIC Law Review

No abstract provided.

Operating Surgeon Is Not Automatically Liable For Assistant's Negligence., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.

Renslow V. Mennonite Hospital: Prenatal Injuries And Pre-Existence Duty, 10 J. Marshall J. Of Prac. & Proc. 417 (1977), Michael K. Slattery

UIC Law Review

No abstract provided.

Medical Malpractice—Unconscious Patient—Liability For Defective Instruments—Hospitals And Enterprise Liability—Anderson V. Somberg, 67 N.J. 291, 338 A.2d 1 (1973), John Ludlow

Washington Law Review

In November 1967, defendant Dr. Somberg performed spinal surgery, using general anesthetic, on the plaintiff. During the procedure a jaw of the pituitary rongeur he was using broke off and lodged in the plaintiff's spine. The doctor terminated the operation after numerous unsuccessful attempts to recover the fragment. Four months later he retrieved the jaw in a second operation. The plaintiff suffered permanent injuries for which he sought recovery from the following: (1) Dr. Somberg for negligently causing the rongeur to break; (2) the hospital in which the surgery was performed for negligently furnishing a defective instrument; (3) the medical …

Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild

Continuing Legal Education Materials

Reports from the UK/CLE Seminar on Law and Medicine held May 26-28, 1976.

The Role Of Custom In Medical Malpractice Cases, Richard N. Pearson

Indiana Law Journal

No abstract provided.

Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

The Florida Medical Malpractice Act Of 1975, Theresa Hooks

Florida State University Law Review

No abstract provided.

Pre-Trial Screening Of Medical Malpractice Claims Versus The Illinois Constitution, 10 J. Marshall J. Prac. & Proc. 133 (1976), Larry L. Johnson

UIC Law Review

No abstract provided.

Judicial Review Of Medical Treatment Programs, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

The 1975 Indiana Medical Malpractice Act

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Insurer's Dilemma, Mark W. Gray

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

Is Malpractice Insurable?, Geoffrey Segar

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Cure For The Plaintiff's Ills?, Andrew C. Mallor

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

Torts--Medical Malpractice--Sources Of A Physician's Standard Of Care: The Medical Profession Or The Courts--Helling V. Carey

BYU Law Review

No abstract provided.