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Articles 151 - 180 of 249
Full-Text Articles in Medical Jurisprudence
Nature And Effects Of Narcotics For Pain, Ralph K. Davies
Nature And Effects Of Narcotics For Pain, Ralph K. Davies
Cleveland State Law Review
The dictionary defines a medicine as a drug that is used to treat diseases, or to relieve pain. This term includes materials that act upon various tissues, organs and systems of the anatomy. Upon further inquiry one finds that the term narcotic refers to those preparations which produce profound sleep, lethargy, and relief of pain. This article will deal primarily with the sensation called pain, and the use of narcotics to relieve that sensation.
Defense Against Res Ipsa In Medical Malpractice, Howard M. Rossen
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 …
Book Review, Robert J. Bogus
Book Review, Robert J. Bogus
Cleveland State Law Review
Reviewing Harvey Sarner, Dental Jurisprudence, W.B. Saunders Co., 1963
Statute Of Limitations In Cases Of Insidious Diseases, Elmer I. Schwartz, Byron S. Krantz
Statute Of Limitations In Cases Of Insidious Diseases, Elmer I. Schwartz, Byron S. Krantz
Cleveland State Law Review
The industrial revolution and technological development have brought concomitant legal problems unheard of at the common law. Fundamental principles of law evolved to incorporate the changes necessary to rule over a new way of life. Some of the problems of industrialization have been solved, others are in a state of flux, while myriad others are as yet unknown. This article concerns itself with one of the incidents of complex industrial progress-insidious disease, as viewed in the light (or dark) of the statute of limitations.
Traumatic Miscarriage, Beryl W. Stewart
Traumatic Miscarriage, Beryl W. Stewart
Cleveland State Law Review
Attorneys are confronted by an ever increasing amount of litigation concerning miscarriage occasioned by physical and physic trauma. The proof and evaluation of the proximate cause of miscarriage is perplexing. The subject of miscarriage is not a matter of common knowledge, hence the members of the jury are not competent to determine, without expert testimony, whether trauma is the proximate cause of the miscarriage. To add to the burden of proof, the courts have not always adhered to correct medical terminology. But it is particularly important that the correct terms be employed, and expert testimony must be given by competent …
Contibutory Negligence In Medical Malpractice, W. David Alderson
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 …
Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach
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, …
Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake
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.
Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr
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 …
Legal Relation Of Trauma To Cancer, Isidore Halpern
Legal Relation Of Trauma To Cancer, Isidore Halpern
Cleveland State Law Review
When a lawyer attempts to discuss the subject of cancer, he finds himself in the position of the nursery rhyme figures, Winken, Blinken and Nod, who attempted to sail a stormy, turbulent sea in a frail washtub. How does the lawyer feel with respect to the medical questions presented by the problem of relation of an isolated trauma to cancer? My legal colleagues disagree violently amongst themselves. I approach the entire subject with humility.
Whiplash Internal Carotid Artery Occlusion And Hemiplegia, Harry A. Gair
Whiplash Internal Carotid Artery Occlusion And Hemiplegia, Harry A. Gair
Cleveland State Law Review
When an apparently normal healthy individual, engaged in a business, trade or profession, within a week following an automobile collision in which his neck experienced the hypermotility and torsional force known as "whiplash," suffers a "stroke" and is left permanently hemiplegic, it would be naive to suppose that those affected by such an affliction would meekly ascribe it all to pure coincidence, and not concentrate their fullest attention on the possible connection between the two events.
Semantics Of Traumatic Causation, Richard M. Markus
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 …
Ocular Effects Of Whiplash, James Jay Brown
Ocular Effects Of Whiplash, James Jay Brown
Cleveland State Law Review
The purpose of this article is to show how one may establish a cause of action for eye damages caused by whiplash trauma by presenting current medical literature which proves a cause and effect relation. Considering the vast complexity of the ocular mechanism, and its connection with the cervical spine region, a neuro-muscular-skeletal explanation of these areas will precede the medical documentation. Court decisions supporting petitions for this type of eye damage are unavailable. However, in order to show that whiplash trauma has, in the past, included some ocular disturbances, a few cases will follow the documentation in support of …
Recent Traumatic Disease Claims, Henry B. Fischer
Recent Traumatic Disease Claims, Henry B. Fischer
Cleveland State Law Review
Claimants over the years have alleged a causal relation between trauma and almost every conceivable disease. Medicolegal literature abounds with articles concerning the relation between trauma and the more commonly occurring diseases, such as cancer, diabetes, arthritis, bursitis, heart disease, multiple sclerosis, and epilepsy. Numerous books wholly devoted to the relation of trauma and disease, have been written.This article is primarily concerned with cases wherein an allegation is made that a single trauma caused a disease.
Consent To Surgery, Gerald M. Smith, R. Joseph Olinger
Consent To Surgery, Gerald M. Smith, R. Joseph Olinger
Cleveland State Law Review
The legal aspects of a patient's consent to operation, or the lack of such consent, are many and varied. The general rule is that consent of the patient, or of someone authorized to act for him, is necessary in order for a physician to legally operate. This rule is not altered by the fact that an unauthorized operation is slight and ordinarily is not accompanied by serious consequences. Where no consent is present, a surgical operation upon the body is a technical battery, and in the absence of exceptional circumstances, appropriate damages may be recovered from the physician. The question …
Informed Consent To Medical Treatment, Milton Oppenheim
Informed Consent To Medical Treatment, Milton Oppenheim
Cleveland State Law Review
Medical malpractice is usually considered in terms of negligent conduct by the physician in the course of the physician-patient relation. Many of the actions are not predicated on the law of negligence, although this type of malpractice undoubtedly is the most common type of litigation. A substantial group of cases deal with unauthorized operations, which are characterized as battery, emerging from lack of informed consent.
Autopsy Evidence, Garcon Weiss
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.
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Albert Averbach and Melvin Belli, eds., Tort and Medical Yearbook, Vol. I, Bobbs-Merrill, 1961
Electroencephalography (Eeg) In Head Injuries, Andre A. Weil
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.
Medico-Legal Aspects Of The Electroencephalogram, Walter P. Mahle
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, …
Damages For Potential Residuals Of Brain Injuries, Jerry B. Kraig, Henry A. Hentemann
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.
X-Ray Malpractice, Lucien B. Karlovec
X-Ray Malpractice, Lucien B. Karlovec
Cleveland State Law Review
Doctors today are subjected to many malpractice suits involving non-surgical injuries. Common among these nonsurgical injuries are x-ray injuries. Most of the injuries produced by x-rays have been excessive skin reactions, i.e., burns, occurring during either diagnostic or therapeutic procedures. The improper use of x-rays can produce damage other than skin burns, i.e., fibrosis (in effect, shrinkage) of internal organs, sterility or prenatal injuries.
Ownership Of X-Rays, Ronald J. Harpst
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.
New Mediocolegal Standards Of Skill And Care, Howard L. Oleck
New Mediocolegal Standards Of Skill And Care, Howard L. Oleck
Cleveland State Law Review
Changes in medical science bring with them many concomitant changes in medicolegal standards of skill and care. In other words, new knowledge in the sense of pure medicine often requires new legal standards of skill and care in the light of that new knowledge.
Physiology Of The Brain And Related Trauma, Edward W. Shannon
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.
Amnesia After Brain Injury, Ewing H. Crawfis
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.
Psychological Assessment Of Brain Damage, Bill J. Barkley
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 …
Anesthetic Malpractice In Canada, John H. Harland
Anesthetic Malpractice In Canada, John H. Harland
Cleveland State Law Review
Making allowance for the tenfold difference in population between Canada and the United States, it is evident that litigation arising from anesthetic malpractice is very much less common in the former country. We have attempted to give some of the reasons for this discrepancy.
Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris
Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris
Cleveland State Law Review
It is now almost five years since our Supreme Court announced its decision in the Avellone case. During these five years, the two problems created by the Avellone decision have ,like "Mother Carrie's chickens" "come home to roost." Our Supreme Court has resolved each in turn, one in favor of charitable immunity for all charitable institutions except those that have the misfortune to run hospitals, the other further against hospitals for all acts of all servants.
Book Review, Howard L. Oleck
Book Review, Howard L. Oleck
Cleveland State Law Review
Reviewing Carl E. Wasmuth, Anesthesia and the Law, C.C. Thomas, 1961