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Articles 211 - 240 of 249
Full-Text Articles in Medical Jurisprudence
Editors' Preamble, Cleveland-Marshall Law Review
Editors' Preamble, Cleveland-Marshall Law Review
Cleveland State Law Review
Current problems in the law applicable to hospitals, and closely collateral matters, are treated in this Symposium--chiefly in the light of recent trends towards abolition of the legal immunity of voluntary hospitals from liability for the torts of their agents. Emphasis has been placed on some problems not often discussed in legal literature.
Post-Traumatic Epilepsy And The Law, Irwin N. Perr
Post-Traumatic Epilepsy And The Law, Irwin N. Perr
Cleveland State Law Review
Post-traumatic epilepsy is a condition of great importance to the lawyer in personal injury work in that it can result from injury. In any specific case, it must be differentiated from epilepsy resulting from other causes. In addition, it is an unusual entity in that it may develop long after the injury. Therefore the probability or improbability of such a complication may be an important medicolegal consideration. This paper analyzes many of these factors and illustrates how present knowledge can be better used in the legal handling of such problems.
Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart
Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart
Cleveland State Law Review
Since the passage of three centuries has seen the explanation for excessive drinking progress from a vice to a disease, it is pertinent to have a brief study of the recent findings about alcoholism in order to compare these newer medical concepts with some of the legal principles on drunkenness which have been long and firmly established in the law.
Paternity And Prolonged Pregnancy, Irwin N. Perr
Paternity And Prolonged Pregnancy, Irwin N. Perr
Cleveland State Law Review
The question of paternity and prolonged pregnancy is a subject not only of great professional interest to lawyers and physicians, but is one that all of us find sometimes intriguing, sometimes humorous, and sometimes tragic.
Medical Malpractice Suits: A Physician's Primer For Defendants, Miley B. Wesson
Medical Malpractice Suits: A Physician's Primer For Defendants, Miley B. Wesson
Cleveland State Law Review
This paper is a primer for physicians and their counsel, outlining ways of avoiding a malpractice suit and what to expect in court. My first county medical society appointment in 1912 was as chairman of the legislative committee, and in the years intervening I have had wide experience advising doctors, helping defense attorneys, appearing in court many times as an expert witness, and as a defendant. So I speak from experience. The suggestions as to technique are, in the main, from the recordsm of three cases (containing photostatic copies of all office and hospital records, pyelograms, detective reports, etc.), loaned …
Hospital Records As Evidence, Robert B. Dunsmore
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 …
Medical Evidence And Testimony, Robert V. Lamppert
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 …
Psychosomatic Disease And The Law, Carl E. Wasmuth
Psychosomatic Disease And The Law, Carl E. Wasmuth
Cleveland State Law Review
There are fundamental differences between the standard of probabilities in law upon which a jury must deliberate, andthe standard of certainty in the scientific laboratory of medicine which an investigator must respect. This conflict is nowhere more evident than in the field of psychosomatic disease. This area of medicine has long been recognized but it was only in recent years that it has become the target for intense research. This lack of medical interest in what was considered a fringe area has caused the legal profession to substitute law for medicine. Eventually, however, science will progress in the field of …
Combating The Traumatic Effects Of Industrial Noise, W. F. Scholtz
Combating The Traumatic Effects Of Industrial Noise, W. F. Scholtz
Cleveland State Law Review
Today's increased interest in factory noise is partly created by the fact that exposure to sound under certain conditions may cause hearing impairment. This interest has been reflected in both management and labor circles. The seriousness of the problem is evidenced by a sudden increase in the number of claims filed for industrial hearing loss, presumably caused by exposure to high intensity sound. Unfortunately, major uncertainties exist, making the establishment of standardized tests and measurements difficult. Allison Chalmers Manufacturing Company and competent medical authorities have done a great deal of valuable preliminary study, making it possible to set tentative standards …
A Study Of Fatal Trauma, Earl B. Sanborn
A Study Of Fatal Trauma, Earl B. Sanborn
Cleveland State Law Review
Treatment of the complications of the injured patient is frequently more important than the injury itself. Such complications as shock, traumatic wet lung, atelectases, etc., are a direct result of the injury. Patients may suffer obvious severe trauma, only to die of the unrecognized and untreated complication. Postmortem examinations establish the nature, extent and effect of trauma-i.e., causation, from the lawyer's as well as the physician's point of view.In all cases of death following traumatic accident, the lawyer should investigate the unapparent as well as the obvious injuries; ordinarily by use of autopsy. In a surprising number of cases inadequate …
Frontal Injuries Of The Skull, Paul H. Crandall
Frontal Injuries Of The Skull, Paul H. Crandall
Cleveland State Law Review
Results of injuries to the frontal parts of the skull are often serious but treatable by prompt surgery. Various types of fractures are common. Most dangerous is the possibility of infection in the interior cavities of the skull. X-ray study of such injuries is practically mandatory. Failure to give prompt and proper treatment often results in serious complications later. Any injury to the frontal parts of the skull should be viewed by attorneys as serious, with strong probability of future complications except perhaps when prompt medical attention of highly modern character has forestalled some of the possible complications.
Secondary Effects Of Trauma: (Pain) Sympathetic Dystrophies, Louis W. Lewis
Secondary Effects Of Trauma: (Pain) Sympathetic Dystrophies, Louis W. Lewis
Cleveland State Law Review
Sympathetic Dystrophy or causalgia (pain) is a disability following traumatic injury. It consists of burning pain, glossy sweating, skin changes, and exquisite tenderness caused by tissue damage involving the sympathetic nervous system. Treatment consists of "blocking" the sympathetic nerves to the area by injecting drugs or by surgical repair. As the item of "pain and suffering" always is a major factor in a lawyer's estimate of the proper amount of a damage award, the medical analysis here presented is of wide interest and utility to lawyers as well as to physicians.
Medicolegal Aspects Of Industrial Noise, Meyer S. Fox
Medicolegal Aspects Of Industrial Noise, Meyer S. Fox
Cleveland State Law Review
Occupational hearing loss may be defined as a hearing impairment in one or both ears, partial or complete, arising in, during the course of, or as the result of one's employment. It can occur suddenly as the result of one's employment. It can occur suddenly as the result of a traumatic injury, intense blasts or explosions, or gradually due to prolonged exposure to excessive noise levels. Hearing losses resulting from blows, blasts, or explosions, as well as from foreign objects and burns, have usually been compensated under schedule of accidental injuries. Industrial noise hearing loss is the accumulative loss of …
Relation Of Trauma, Disease, And Law - Panel Discussion, Joseph A. Cox, Alfred Koerner, S. Charles Franco, Kenneth H. Macgregor
Relation Of Trauma, Disease, And Law - Panel Discussion, Joseph A. Cox, Alfred Koerner, S. Charles Franco, Kenneth H. Macgregor
Cleveland State Law Review
A symposium on "Relation of Trama, Disease, and Law." The symposium took place under the auspices of the Amerian Board of Legal Medicine Inc., in conjucntion with the sesquicentennial meeting of the Medical Society of the State of New York.
Premenstrual Tension, Medicine And Law, Irwin N. Perr
Premenstrual Tension, Medicine And Law, Irwin N. Perr
Cleveland State Law Review
The premenstrual tension syndrome is one characterized by emotional and physiologic symptoms occurring in the period preceding menstruation. A medical re-evaluation and description for the attorney may serve to clarify a subject full of misunderstandings, superstitions and false concepts.
Occupational Dermatitis And Dermatitis From Cosmetics And Fabrics - Medico-Legal Aspects, Louis Schwartz
Occupational Dermatitis And Dermatitis From Cosmetics And Fabrics - Medico-Legal Aspects, Louis Schwartz
Cleveland State Law Review
Diseases of the skin are the most frequent of all occupational diseases. They constitute about two-thirds of all occupational diseases reported to compensation boards. This follows logically from the fact that the skin is the largest and most external organ of the body and hence has the most contact with environmental irritant and toxic substances. According to government statistics, it has been estimated that the monetary loss per year from occupational skin diseases is more than 100 million dollars. members of the legal profession having clients, either claimants or defendants, in cases involving compensation should have some basic knowledge of …
Diagnosis And Treatment Of The Modern Backache, A. W. Humphries, C. E. Wasmuth
Diagnosis And Treatment Of The Modern Backache, A. W. Humphries, C. E. Wasmuth
Cleveland State Law Review
There are two reasonably clear-cut forms of backache that lend themselves to a reasonably straight-forward form of treatment. These are (1) the ruptured intervertebral disc and (2) the degenerated intervertebral disc. In both instances, once a diagnosis can be reasonably made, treatment is at first conservative, and this form of treatment frequently issuccessful. In the absence of success, an operative procedure is available which offers reasonable hope of correction of the difficulty.
Standards Of Care In Anesthesiology, Carl E. Wasmuth
Standards Of Care In Anesthesiology, Carl E. Wasmuth
Cleveland State Law Review
Diplomates of the American Board of Anesthesiology must meet the rigid requirements of this specialty. Anesthesiologists in all sections of the country must meet the same requirements. Hence, the anesthesiologist in a small town is as well qualified as the anesthesiologist practicing in a large city. With this basic premise in mind, it is not difficult, therefore, to set down the medical standards of care in anesthesiology - which in turn determine the legal standards of care in this specialty.
Non-Penetrating Wounds Of The Chest, Harry W. Hale Jr., J. Walter Martin
Non-Penetrating Wounds Of The Chest, Harry W. Hale Jr., J. Walter Martin
Cleveland State Law Review
The heart may be seriously injured by compression of the chest by a steering wheel in automobile accidents or in other injuries by non-penetrating blows to the chest. These injuries vary from a simple bruise of the heart to actual laceration of heart muscle and heart valves. The changes may be identified by electrocardiograph and changes in heart rhythm. Attorneys should make certain that any injury by a blow to the chest is studied by a cardiologist, using not one but a series of electrocardiographs, as even seemingly harmless blows to the chest may result in injuries equivalent to heart …
Lethal Lesions In Aircraft Accidents, H. G. Mosely
Lethal Lesions In Aircraft Accidents, H. G. Mosely
Cleveland State Law Review
While most aircraft accident fatalities result from multiple lethal injuries, a significant number are caused by single identifiable lesions such as internal vascular tears (e.g., hemorrhage) especially in the brain area, which prompt surgical action may prevent from being fatal.Lawyers investigating such cases should ascertain whether or not medical treatment was prompt and skillful enough in the particular circumstances, and whether the particular injury (i.e., lesion) which actually caused death was identified and treated.
The Mallet Finger Injury, Donald R. Pratt
The Mallet Finger Injury, Donald R. Pratt
Cleveland State Law Review
Mallet finger is a permanent deformity caused by injury to the distal phalanx of a finger. Commonly seen in industrial accidents and in baseball players, the extending tendon is pulled off the bone of the terminal phalanx. Treatment consists of simple splinting (illustrated) in mild trauma, or surgical intervention when large bony fragments have been pulled off. If left untreated, some degree of drop finger ultimately develops. This disability varies in degree. Joint stiffness and deformity may result. A method of surgical treat- ment of more severe injuries is described.The chief importance of this injury, to the lawyer, is in …
A Cure For Doctor-Lawyer Frictions, Howard L. Oleck
A Cure For Doctor-Lawyer Frictions, Howard L. Oleck
Cleveland State Law Review
A committee of bar association "elder statesmen," from NACCA, cooperating with a like committee from the major insurance lawyers association, should approach the American Medical Association and suggest appointment of a national committee of doctors and lawyers, to establish mutually approved policies and procedures. Failing action by the most affected personal-injury bar associations, the American Bar Association might be the logical moving force. It already has recommended (in1957) the adoption of the impartial medical expert system used in New York City and Baltimore; but has not managed to effectuate the idea. Either way, the plans for establishing principles of participation …
Book Review, Arthur F. Lustig
Book Review, Arthur F. Lustig
Cleveland State Law Review
Reviewing Roscoe L. Barrow and Howard D. Fabing, Epislepsy and the Law, A Proposal for Legal Reform in the Light of Medical Progress, Hoeber-Harper, 1956
Whiplash - Defense Counsel's View, Harley J. Mcneal
Whiplash - Defense Counsel's View, Harley J. Mcneal
Cleveland State Law Review
Many words have been spoken and written on the controversial subject of whiplash injuries of the cervical spine. However, no papers have been noted which discuss the problem from the viewpoint of the defense trial attorney. From a defense standpoint, some of the medical phrases or words used by doctors today have devastating psychological effects upon jurors trying personal injury cases. The word "whiplash" is one of these "coined" words. Thus, while it is conceded that medical men are only trying to define particular injuries with preciseness, the constant use and repetition of such words or terms cause the average …
Preparation And Trial Of A Medical Malpratice Case, John J. Kennett
Preparation And Trial Of A Medical Malpratice Case, John J. Kennett
Cleveland State Law Review
Law implies from the employment of a doctor contract that the doctor will diagnose and treat his patient with that degree of skill and learning which is possessed by the average member of his profession in the community in which he practices. A doctor licensed to practice is presumed to possess such skill and learning. He does not incur liability for his mistakes if he has used methods, in his diagnosis and treatment, recognized and approved by the average member of the medical profession practicing in his community. A doctor's negligence in departing from the standard of practice in his …
Radiation Injury: A Technical And Legal Survey, Andrew J. Humphrey
Radiation Injury: A Technical And Legal Survey, Andrew J. Humphrey
Cleveland State Law Review
In the field of radiation damage much has been written and many scientific opinions have been given. As to legal decisions,there is much to criticize from a technical point of view in the early X-ray cases, particularly in regard to the leeway allowed to physicians in treating their patients through use of a new tool. The following survey is intended to serve to give to the lawyer a basic working knowledge of the subject of radiation. With this, plus knowledge of general principles of law, common sense should enable him to get his client's point across to the judge and …
Postmortem Examinations, S.R. Gerber
Postmortem Examinations, S.R. Gerber
Cleveland State Law Review
Postmortem examination is frequently considered to be a synonymous term for autopsy. However, literally any examination performed after death is a postmortem examination. All examinations of cases received at coroners' offices are performed postmortem. These examinations vary in extent, depending upon the circumstances and developments disclosed upon investigation by police and others.
The Pathologist And The Autopsy, Lawrence J. Mccormack
The Pathologist And The Autopsy, Lawrence J. Mccormack
Cleveland State Law Review
The autopsy, properly performed, remains one of the keystones of modern medicine. However, obtaining the legally required consent or authorization for a medical autopsy can be a complex, almost impossible task. Simplification of the legal requirements for consent throughout the United States would be a definite step forward for medicine, and would benefit society generally.
Mental Competency And Mental Hospitals, Ewing H. Crawfis
Mental Competency And Mental Hospitals, Ewing H. Crawfis
Cleveland State Law Review
Psychiatrists generally are aware that there is not necessarily any relation between competency and hospitalization for mental illness. The consensus seems to be that these two things should be considered entirely separately. Many patients may need mental hospital care, without having suffered any impairment of their competency. My personal estimate is that 75% of all patients admitted to the average mental hospital could be considered to be competent. Also, it is well to keep in mind that an individual may require a guardian because of incompetency due to a mental disorder, but not require hospitalization in a mental hospital. Unfortunately, …
Court Dictation Of Choice Of Anesthesia, Carl E. Wasmuth
Court Dictation Of Choice Of Anesthesia, Carl E. Wasmuth
Cleveland State Law Review
The Supreme Court of California has extended the interpretation of the doctrine of res ipsa loquitur in malpractice cases so that the physician must now be nearly a guarantor of results. And a review of a few recent, specific cases involving anesthesia makes it increasingly evident that they may have far-reaching influence on the practice of anesthesiology.