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Torts

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Full-Text Articles in Medical Jurisprudence

The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham Feb 1975

The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham

Washington Law Review

Since 1957 the courts in most states have moved rapidly toward imposing vicarious liability on a hospital for the torts of employee-physicians. In 1965 the Illinois Supreme Court held that a hospital could be liable for the malpractice of a nonemployee-physician. This comment attempts to describe these trends, to delineate the new rules the courts are applying and to determine the rationale for adopting these new rules. The comment assumes the patient has established that the physician committed malpractice; the only issue addressed is whether the patient can recover from the hospital for his or her injuries. The scope is …

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Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum Jan 1975

Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum

Indiana Law Journal

No abstract provided.

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Torts - The Illinois Wrongful Death Act Held Inapplicable To A Viable Fetus, William D. Brejcha Jan 1972

Torts - The Illinois Wrongful Death Act Held Inapplicable To A Viable Fetus, William D. Brejcha

Loyola University Chicago Law Journal

No abstract provided.

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Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford Aug 1971

Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford

Cornell Law Faculty Publications

A survey of 54 psychiatric units disclosed that 49 (91%) were using electroconvulsive (ECT), principally for major depressive illnesses. During the five-year period 1964 to 1968, fractures and other complications of ECT were uncommon. Sudden death was reported in seven cases. During this period, none of the respondents or their affiliated physicians had been involved in lawsuits relating to the use of ECT. In general, suits for injuries occasioned by the use of ECT seem to be declining. Possible remaining problem areas are the performance of ECT without the prior consent of the patient; the failure to have facilities and …

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Products Liability - Hospitals Held Strictly Liable In Tort For The Transfusion Of Hepatitis Infected Blood, David L. Tomchin Jan 1971

Products Liability - Hospitals Held Strictly Liable In Tort For The Transfusion Of Hepatitis Infected Blood, David L. Tomchin

Loyola University Chicago Law Journal

No abstract provided.

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Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper Mar 1969

Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper

St. Mary's Law Journal

Abstract Forthcoming.

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Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela Jan 1969

Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela

Cleveland State Law Review

What factors have influenced the courts in the development of their current attitude toward hospitals? Are the emerging concepts reasonable, or are they indicia of a pendulum swinging too far in the direction of the patient? What are the consequences for the nurse? These are the questions to which the ensuing treatment of one aspect of tort liability is addressed.

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Physician's Liability For Torts Of Hospital Employees, Irene E. Svete Jan 1969

Physician's Liability For Torts Of Hospital Employees, Irene E. Svete

Cleveland State Law Review

Why should a treating physician be held liable for any lack of treatment on the part of the hospital employees? On what basis can such a conclusion be reached? An agency relationship was considered as existing between the parties, making the physician liable for the actions of the hospital employees. He was the "Captain of the Ship," the one in control of the patient's treatment and care. Only he was answerable for resulting injury and death from lack of said treatment. The "Captain" will be held liable for others' negligence where the acts performed by them are under conditions where …

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Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski Jan 1969

Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski

Cleveland State Law Review

The primary legal concern of the pharmacist has been and continues to be in the field of negligence. With the increasing legal awareness of society, however, it becomes imperative to examine what liabilities may arise under the U.C.C. The main objective of this paper is to explore the possible areas of liability that may arise under the Code in the sale of patent medicines by the pharmacist.

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Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf Jan 1969

Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf

Cleveland State Law Review

This issue deals with the question of whether a medical expert witness need be a resident of the particular community in order to testify as to local hospital standards in that community. Generally, in cases involving medical malpractice, the courts have held that the expert witness must have practiced in the "same" or "similar" locality as the defendant doctor in order that his testimony be held admissible to establish the standard of medical care against which the defendant is to be held.

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Book Review, Philip J. Bourne Jan 1969

Book Review, Philip J. Bourne

Cleveland State Law Review

Reviewing Charles Kramer, The Negligent Doctor, Crown Publishers Inc., 1968

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Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder Jan 1968

Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder

Cleveland State Law Review

The "Cloak of Protection encompassing the physician in the practice of his profession" is no longer to be taken for granted. Recent decisions in Alaska, California, Louisiana, Oregon, and Wisconsin have swept aside the traditional limitations in the use of the res ipsa loquitur doctrine. They impose all but strict liability upon the medical profession for mistakes occurring during treatment or surgery.

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The Hospital's New Responsibility, Arthur F. Southwick Jan 1968

The Hospital's New Responsibility, Arthur F. Southwick

Cleveland State Law Review

The focus for this discussion is the hospital as a corporate institution and its liability for injuries caused a patient or visitor. The fundamental question is: What legal duties does the hospital and its personnel owe the patient or the visitor? To attempt an answer to this question one must first have an understanding of the role and nature of a hospital in modern society.

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Torts--Effect Of A Release Of An Original Tort Feasor Upon The Malpractice Of Attending Physician, Louis S. Southworth Ii Apr 1967

Torts--Effect Of A Release Of An Original Tort Feasor Upon The Malpractice Of Attending Physician, Louis S. Southworth Ii

West Virginia Law Review

No abstract provided.

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Battery In Medical Torts, Don S. Smith Jan 1967

Battery In Medical Torts, Don S. Smith

Cleveland State Law Review

The purpose of this paper is not so much to explore when and under what circumstances a battery takes place but to deal with the problems which the classification itself creates. These include questions of the applicability of special malpractice statutes of limitation, whether an action can be maintained under the Federal Tort Claims Act, coverage under malpractice insurance policies, causation and damages, and the requirement of expert medical testimony to provide a standard against which the conduct of the defendant may be measured.

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Malpractice By Veterinarians, Martin J. Strobel Jan 1966

Malpractice By Veterinarians, Martin J. Strobel

Cleveland State Law Review

The veterinarian's liability is measured by the same basic standards applicable to physicians and surgeons. In both fields the technical nature of the malpractice action creates special problems. To determine the issue of liability the jury must identify both the historical facts and the standard of care. Attempting to resolve issues of medical fact may be difficult for a lay jury; such resolution demanding as it does, not merely an appraisal of the witnesses' demeanor and character, but an evaluation of their stories in the context of the situation giving rise to the cause of action.

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How To Handle An Anesthesia Injury Case, Albert Averbach Jan 1966

How To Handle An Anesthesia Injury Case, Albert Averbach

Cleveland State Law Review

The criteria of competence of the trial lawyer handling a medical malpractice case is, does he have at least as much if not more knowledge of the practice and procedure involved in the case than the defendant physician. In no place is this more true than in the field of anesthesiology. This is not, of course, to suggest that the attorney can compete with the physician in practical experience. But, it is to propose that many valid anesthesia malpractice cases result in nonsuits and that plaintiff's verdicts which are overturned on appeal are almost invariably lost due to insufficient evidence, …

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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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Radiation Injuries: Statute Of Limitations Inadequacies In Tort Cases, Samuel D. Estep, Thomas W. Van Dyke Mar 1964

Radiation Injuries: Statute Of Limitations Inadequacies In Tort Cases, Samuel D. Estep, Thomas W. Van Dyke

Michigan Law Review

Some injuries from overexposure to radiation may manifest themselves within existing statutory limitations periods, at least under some liberal ( or loose) judicial interpretations. Many injurious manifestations, however, will not arise for a great many years after exposure; it is the thesis of this article that some new legislative solutions must be adopted. Limiting the right to sue to the existing time periods as construed by many courts will be manifestly unfair to plaintiffs. A blanket, unconditional extension of the time period to as much as thirty years for all cases regardless of the local rule as to when the …

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Pennsylvania's Good Samaritan Statute - An Answer To The Medical Profession's Dilemma, Joseph F. Busacca Jan 1964

Pennsylvania's Good Samaritan Statute - An Answer To The Medical Profession's Dilemma, Joseph F. Busacca

Villanova Law Review (1956 - )

No abstract provided.

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Malpractice In Dental Anesthesiology, Allen L. Perry Jan 1964

Malpractice In Dental Anesthesiology, Allen L. Perry

Cleveland State Law Review

Cases invovlving dental anesthesia reveal that breaches of the duty to use proper skill and care have occurred in selection of the type of anesthetic, method of administration, failure to examine the patient, use of unsterile instruments, failure to use safety devices, and failure to properly care for patients under the influence of anesthesia. Persons practicing dental anesthesiology, like those pracing medicine and surgery, must be duly able and careful. This rule is elementary and is founded on considerations of public policy. Whenever the behavior of a dentist or dental anesthesiologist has been of a nature such that a dereliction …

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Statute Of Limitations In Malpractice Actions, Ernest A. Cieslinski Jan 1964

Statute Of Limitations In Malpractice Actions, Ernest A. Cieslinski

Cleveland State Law Review

The ill-treated patient has sought redress for medical malpractice by actions that sound in tort, in contract, or in fraud. As with other actions, the underlying policy of "peace and repose" of all statutes of limitations dictates that these actions be timely. In Ohio, for example, the time limit for an action for malpractice is one year.

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Defense Against Res Ipsa In Medical Malpractice, Howard M. Rossen Jan 1964

Defense Against Res Ipsa In Medical Malpractice, Howard M. Rossen

Cleveland State Law Review

In a res ipsa loquitur case the injured party is deemed in no position to explain the cause, while the party charged may begin a position to show himself free from negligence. If the plaintiff has equal or superior means of information, the doctrine does not apply. The question is really one of duty on the part of the defendant. Res ipsa loquitur leads only to a possible (not mandatory) inference that the defendant has not complied with his duty to use skill and care, and is not in itself proof that he was under a specific duty. This question …

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Torts - Limitation Of Actions - Malpractice Statute Of Limitations Does Not Accrue Until Patient Discovers That Negligently Administered Anesthesia Is The Cause Of The Injury, Robert M. Schwartz Jan 1964

Torts - Limitation Of Actions - Malpractice Statute Of Limitations Does Not Accrue Until Patient Discovers That Negligently Administered Anesthesia Is The Cause Of The Injury, Robert M. Schwartz

Villanova Law Review (1956 - )

No abstract provided.

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Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan Dec 1963

Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan

Michigan Law Review

The increasing use of radioactive materials and radiation-producing devices in industry and elsewhere makes it clear that injuries from exposure to radiation must be anticipated. It becomes relevant, therefore, to inquire into the extent to which the present workmen's compensation statutes will be able to cope with the injuries which may arise from the use of this new source of energy.

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Abstracts Of Recent Cases, Robert William Burk Jr. Feb 1963

Abstracts Of Recent Cases, Robert William Burk Jr.

West Virginia Law Review

No abstract provided.

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Contibutory Negligence In Medical Malpractice, W. David Alderson Jan 1963

Contibutory Negligence In Medical Malpractice, W. David Alderson

Cleveland State Law Review

Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient's own negligence. In the second, the patient's negligence directly contributes to the severity of an injury already present because of the physician's negligence. The plaintiff-patient's damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time …

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Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach Jan 1963

Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach

Cleveland State Law Review

It is amazing how little attention is paid by the trial lawyer to the enormous impact of traumatic injuries upon the human body. Generally, the trial lawyer is content with a woefully inadequate knowledge about the body, and the meaning of but a few medical terms. It is the purpose of this article to arouse the interest of those previously immune to the suggestions of the importance of a fuller knowledge of this subject and to point the way toward those wonderful repositories of information that should beknown by all. [Appended to these remarks is a bibliography of recommended books, …

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Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake Jan 1963

Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake

Cleveland State Law Review

The purpose of this article is: (1) To define traumatic neurosis on a medico-legal basis. (2) To determine when damages may be recovered for traumatic neurosis through a review of recent cases.

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Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook Jun 1962

Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

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