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Articles 121 - 150 of 249
Full-Text Articles in Medical Jurisprudence
Statutes Of Limitations And Undiscovered Malpractice, Stanley Sacks
Statutes Of Limitations And Undiscovered Malpractice, Stanley Sacks
Cleveland State Law Review
A number of general legal problems have arisen out of malpractice actions and applicable statutes of limitations. Thus, the fact that there is a choice as to which event starts limitations running against the malpractice actions, either the physician's wrongful act or omission, or when such act or omission resulted in injury, is as naturally susceptible of varying judicial interpretation as the myriad of other legal situations. The situation that too often fosters injustice and thereby demands immediate and appropriate action, whether legislative or judicial, is that predicament where the wrongful act of a medical practitioner results in injury, but …
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
Cleveland State Law Review
To many a physican, law suits, courts, and occasionally law- yers themselves are anathema. Schooled in the sciences, his life is dedicated to the practice of medicine. He is a man of conviction and of purpose. He is articulate and even at times loqua- cious. These qualities would lead one to believe that the physician would be well equipped, quite willing, and capable of appearing as an expert witness in a court of law. Quite to the contrary, the physician most generally is unwilling to be a legal witness. In fact, the entire subject of law suits often is repugnant …
Malpractice By Veterinarians, Martin J. Strobel
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.
How To Handle An Anesthesia Injury Case, Albert Averbach
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, …
Blood Transfusions And Serum Hepatitis, Richard W. Dunn
Blood Transfusions And Serum Hepatitis, Richard W. Dunn
Cleveland State Law Review
Some definitive articles are available which succinctly state the problems and complications involved in the medical analysis and transfusion of blood. Similarly, general blood transfusion problems and the law applicable to each problem area (sensitization- mistyping-mislabeling-emergency situations-transmission of disease-risks-theories on liability) are represented in many works. One of the most troublesome of the transfusion-transmitted diseases is homologous serum hepatitis (HSH).
How To Handle Medico-Legal Semantics, Hugh Miracle
How To Handle Medico-Legal Semantics, Hugh Miracle
Cleveland State Law Review
One of the main objectives of counsel in evidence presentation, both from the plaintiff and the defense side, is to instill in the minds of the jury a sufficiently clear and understandable knowledge of the medical facts of the case. In order to reach such a result, it is helpful to consider the medico-legal work in a trial from the viewpoint of semantics.
Should Courts Set Doctors' Fees, Russell J. Glorioso
Should Courts Set Doctors' Fees, Russell J. Glorioso
Cleveland State Law Review
Should courts set doctors' fees? This short query has interesting ramifications. Initially, the question seems to demand an unqualifiedly negative answer. It is adverse to our system of free enterprise. It is socialized medicine. It is unconstitutional. Responses like these can be heard not only from the medical profession but from the conservative members of the public as well. Modem legislation, in attempting to regulate an ever expanding population, is constantly moving towards more and more social control. Rephrase the initial question to read, "should courts regulate workmen's compensation or Medicare?" What then, would the same people answer? And, yet, …
Causation In Death After Trauma With Pre-Existing Cardiac Disease, S. R. Gerber
Causation In Death After Trauma With Pre-Existing Cardiac Disease, S. R. Gerber
Cleveland State Law Review
Adoption of commonly used words as synonyms for more precise terminology accepted for use within a profession leads to confusion when two or more professions employ the same word with different connotations. Thus, cause of death implies to the physician the etiology of the condition responsible for the terminal morbid process. In this respect, the physician considers the cause of death as the ultimate result of interaction of several conditions rather than a single entity.
Traumatic Cancer, Theodore Dyke
Traumatic Cancer, Theodore Dyke
Cleveland State Law Review
The relationship of trauma to cancer may be of minimal import to the medical world; however, it is extremely important to the attorney from the point of view of compensation. The real problem is that no one knows what "causes"cancer. The present state of the medical art indicates that a given cancer may be caused by any of a number of factors, acting singly or jointly. Trauma is one of these factors, but the exac teffect of a single trauma in causing cancer is unknown. Medical experts will honestly differ in their opinions, because in fact they are frequently just …
Stress-Caused Heart Attacks, Chester M. Denwicz
Stress-Caused Heart Attacks, Chester M. Denwicz
Cleveland State Law Review
Current statistics demonstrate that almost any person may be suffering from some degree of hypertension or arteriosclerosis, and that if he enjoys an extended life span, he is likely to sustain a "heart attack" from which his chance of dying is great. Cardiovascular disease has, therefore, become an incident of modern living, and cardiovascular injuries are one of the most controversial areas of liability in the field of workmen's compensation. The conflict concerning heart cases, and especially those related to the "stress incurred," arises primarily from the difficulty of proving causation. The confusion arising from conflicting judicial construction of terms …
Medical And Legal Aspects Of Human Organ Transplantation, Carl E. Wasmuth, Bruce H. Stewart
Medical And Legal Aspects Of Human Organ Transplantation, Carl E. Wasmuth, Bruce H. Stewart
Cleveland State Law Review
Medical science has now made it possible to transplant kidneys from one individual to another in order to save the lives of patients dying of kidney failure. The use of kidneys from recently deceased patients (so called cadaver donors) is increasing, creating special legal problems in regard to obtaining and using such organs. As techniques of heart, lung, and liver transplantation develop, these legal problems may become even more complex.
What Should Be In A Malpractice Insurance Policy, Sidney Franklin
What Should Be In A Malpractice Insurance Policy, Sidney Franklin
Cleveland State Law Review
The malpractice insurance policy, also known as Professional Liability Policy, should precisely delineate the coverage, whether partnership or individual, the exact period of the coverage, the exclusions and limitations, the type of practice, the exact premium and the cancellation procedure.
Due Care By Physicians In Use Of New Drugs, Edward T. Haggins
Due Care By Physicians In Use Of New Drugs, Edward T. Haggins
Cleveland State Law Review
How careful must a physician be in using new drugs on his patients? Before discussing these questions, we must look at three problems: (1) What role does the physician play in the new drug picture? (2) What are some of the new drugs and their side effects, and (3) What steps must a new drug go through before it is placed on the market for public consumption?
Book Review, John K. O'Toole
Book Review, John K. O'Toole
Cleveland State Law Review
Reviewing Alfred R. Lindesmith, The Addict and the Law, Indiana University Press, 1965
Relationships Of The Medical Examiner, Cyril H. Wecht
Relationships Of The Medical Examiner, Cyril H. Wecht
Cleveland State Law Review
Having set forth these relatively simple definitions, I should like to make a rather bold statement that perhaps will find disagreement among some attorneys and physicians. With all due respect to the many skilled and competent men who are active in various aspects of legal medicine and medical jurisprudence, I would suggest that no one field is so intrinsically and unqualifiedly bound up in the practice of legal medicine as is the work of the medical examiner. Again reverting to definitions, the medical examiner is one who deals on a full-time professional basis with cases that in almost all instances …
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
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.
Hyperbaric Medicine And The Law, Carl E. Wasmuth, John Homi, Donald E. Hale
Hyperbaric Medicine And The Law, Carl E. Wasmuth, John Homi, Donald E. Hale
Cleveland State Law Review
With the construction of such sophisticated facilities as the hyperbaric chamber now contemplated, it might be well to seek out possible legal pitfalls in the application of high pressure oxygen equipment in the treatment of suspected or proved diseases in the human. A comprehensive discussion of the law as it applies to hybaroxia must include design, manufacture, installation, inspection, and use of the facility involved, also, the liability of the manufacturer, of the hospital, and of the physician. Legal literature reveals few cases in which these facets of the law have been discussed with special regard to the hyperbaric facility., …
Hospital Privileges, Bernard D. Herring
Hospital Privileges, Bernard D. Herring
Cleveland State Law Review
Almost daily, judicial decisions are handed down, affecting the practice of medicine. As a consequence the rights and responsibilities of physicians are in a state of flux. We must remain vigilant and view these changes critically but objectively, realizing that there will be a constant need for evaluation of these changing legal concepts, especially as they relate to staff privileges, for such privileges are in no small way associated with such highly volatile subjects as procedural fairness, restraint of trade, religious freedom, and racial discrimination.
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
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 …
Compensability Of Non-Traumatic Ulcer, Carl L. Stern
Compensability Of Non-Traumatic Ulcer, Carl L. Stern
Cleveland State Law Review
Titles can be misleading. So, lest the writer be accused of unfair legal merchandising, I must declare at the outset that the non-traumatic ulcer is not compensable, given the present state of the law. I cannot claim that the non-traumatic ulcer has never been held compensable. I can only asseverate that no such holding was uncovered in the course of extended examination of workmen's compensation disputes which have reached courts of review.
Conspiracy Of Silence, Richard M. Markus
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 …
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
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.
Diseases Of Obscure Etiology: Legal Aspects, Paul D. Rheingold
Diseases Of Obscure Etiology: Legal Aspects, Paul D. Rheingold
Cleveland State Law Review
The purpose of this note is to gather and analyze legal cases which have involved diseases characterized by the courts or medical witnesses as being of obscure etiology or in which the role of trauma is uncertain. Basic to this discussion is an understanding of the concepts of causation, precipitation and aggravation as they are used both legally and medically.
Malpractice In Dental Anesthesiology, Allen L. Perry
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 …
Outpatient Injuries Of The Hand, Frank W. Masters, David W. Robinson
Outpatient Injuries Of The Hand, Frank W. Masters, David W. Robinson
Cleveland State Law Review
All hand injuries, regardless of superficiality, may result in crippling loss of function if treatment is inadequate or mishandled. The essential elements of diagnosis, examination, approach to therapy and after-care are constant. The major difference between an injury requiring hospitalization and one amenable to outpatient management is the extent of the trauma. This article reviews the major outpatient injuries with respect to method of management, choice of definitive procedure, and preservation of function.
Finger-Tip Injuries, D. C. Robertson
Finger-Tip Injuries, D. C. Robertson
Cleveland State Law Review
Finger-tip injuries are among the most common injuries which have to be dealt with in emergency departments.They present a variety of problems which can be treated in different ways. This paper will present a variety of these injuries and discuss the treatment of each of them.
Anesthesia For Minor Surgery In The Office Or Outpatient Department, P. C. Lund
Anesthesia For Minor Surgery In The Office Or Outpatient Department, P. C. Lund
Cleveland State Law Review
The various current methods of anesthesia utilized for surgery in the office or outpatient department are described. The hazards and various complications that may be encountered when dealing with these ambulatory patients are discussed in detail. Suggested methods of treatment and management of these complications are also outlined. It is pointed out that the availability of adequate equipment for resuscitation is essential for the over-all safety and welfare of the ambulatory patient
Hyperbaric Oxygen Chambers: Medicolegal Aspects, Carl E. Wasmuth, John Homi
Hyperbaric Oxygen Chambers: Medicolegal Aspects, Carl E. Wasmuth, John Homi
Cleveland State Law Review
The installation and utilization of the hyperbaric facility for the administration of oxygen to patients under increased atmospheric pressures presents several legal problems.
Blunt Injuries Of The Abdomen, Chester C. Guy
Blunt Injuries Of The Abdomen, Chester C. Guy
Cleveland State Law Review
Management of closed abdominal injuries, produced by blunt violence, is one of the most challenging problems that the surgeon has to meet. It is usually made difficult by presence of associated injuries of the head, chest, or extremities, and the obvious severity of these may largely or completely mask the early evidences of abdominal visceral injury. It should be emphasized that, in general, injuries of the head and chest take precedence over those of the abdomen, and it is in the "multipleinjury" cases that intra-abdominal injuries are most frequently overlooked or undertreated. Blows to the abdomen received in sports or …
Statute Of Limitations In Malpractice Actions, Ernest A. Cieslinski
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.