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Articles 91 - 120 of 249
Full-Text Articles in Medical Jurisprudence
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Law Faculty Articles and Essays
Thirty years have passed since the discovery of Thorazine, a neuroleptic drug, and the drugging of American state mental patients has become commonplace. Part I distinguishes between two approaches to remedy--"structural" and "atomistic"--and, as a basis for testing the two, describes a state hospital's handling of the most serious drug side effect. This account also provides a sense of the dimensions of the drugging problems in state hospitals. Part II explores a family of atomistic remedies. These would address drugging problems by seeking to ensure that state doctors are knowledgeable about drugs and/or reasonably careful in administering them. I reject …
What You Don't Know Will Hurt You: Physicians' Duty To Warn Patients About Newly Discovered Dangers In Previously Initiated Treatment, Barbara Eileen Calfee
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
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 …
Governmental Regulation Of The Drug Industry, J. Mark Hiebert
Governmental Regulation Of The Drug Industry, J. Mark Hiebert
Cleveland State Law Review
In today's world of increased government participation in business, certain industries are frequently spotlighted for particular attention. The communications industry is one, the drug industry is another. In both cases the special attention is fitting, for the communications industry, like the drug industry, each in its own way, reaches the very fiber of American life. Each has the inherent capability of changing our political and social order. At any rate two points are basic: first, the drug industry directly affects the foundations of our society and therefore is a reasonable concern of government. Secondly, the drug industry has a legitimate …
Rx For Malpractice, Albert Averbach
Rx For Malpractice, Albert Averbach
Cleveland State Law Review
Every tragedy that becomes the subject of extensive coverage by the news media shortly turns into a focal point of malpractice litigation. This, of course, is inevitable and will ever be thus. Doctors for many years have been "spoon fed" stories and warnings about malpractice suits and hazards. Nothing, however, has been constructively advocated as to how this tide can be stemmed or what can be done in the face of it. Some years ago, Mark Twain wrote, "Everybody talks about the weather, but nobody does anything about it." It is our objective in this article to not only alert …
Varying Standards Of Care In Medicine, Charles J. Frankel
Varying Standards Of Care In Medicine, Charles J. Frankel
Cleveland State Law Review
There are many roads to Mecca. Some are more direct and less dangerous, others are fraught with hazards which must be overcome to enable the seasoned traveler to reach his destination. The unwary person may be fortunate and successful; yet he may easily lose his way. So it is in medicine and surgery. In the field of orthopedic surgery I have noted many different approaches to a particular problem. In many instances it is generally agreed that one method is as good as another, depending on individual familiarity with the technique. In other instances there is wide disagreement.
Book Review, Forest A. Norman
Book Review, Forest A. Norman
Cleveland State Law Review
Reviewing Hospital Liability Law: Lectures and Trial Demonstrations, Institute of Continuing Legal Education, 1968
Book Review, John J. Kuchinski
Book Review, John J. Kuchinski
Cleveland State Law Review
Review of Carl. E. Wasmuth, Law and the Surgical Team, Williams and Wilkins Co., 1969
The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.
The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.
Cleveland State Law Review
There have been considerable charges and counter-charges the United States Food and Drug Administration's role in protecting the consumer, at least as far as the medical profession is concerned. The FDA has absolutely no intention nor desire to assume the role of the physician or to interfere with the bona fide practice of medicine. Why the complaints by some the FDA's actions on drugs, including drug labelling, drug recall and the withdrawal of certain drugs from the market, constitute attempts to interfere with the practice of medicine? It is possible that one of the reasons, and perhaps the principal one, …
Book Review, Stanley B. Kent
Book Review, Stanley B. Kent
Cleveland State Law Review
Reviewing Melvin L. Seltzer, Understanding Law and Psychiatry, Practising Law Institute, 1969
Blood Tests In Paternity Cases, Robert Ratimorszky
Blood Tests In Paternity Cases, Robert Ratimorszky
Cleveland State Law Review
Medical science has developed and provided absolute proof of non-paternity by exclusion with the probability higher than 71.6 per cent.The blood tests determining nonpaternity by exclusion are conclusive.Despite this conclusive and scientifically proven medical system of exclusion, legislatures and courts in many jurisdictions are still slow in accepting the irrebuttable proof of blood grouping tests. Resentment is strong in many jurisdictions against the admission of possibility of paternity upon all the evidence. The argument that if admitted, such evidence is prejudicial holds in many jurisdictions including Ohio.Legislatures and courts should take cognizance of the proof of blood tests in paternity …
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
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.
Book Review, Albert Averbach
Book Review, Albert Averbach
Cleveland State Law Review
Reviewing Elliot L. Sagall and Barry C. Reed, The Heart and the Law, McMillan, 1968
Court Ordered Non-Emergency Medical Care For Infants, James A. Baker
Court Ordered Non-Emergency Medical Care For Infants, James A. Baker
Cleveland State Law Review
It has long been recognized that a privilege to act is a perfect defense to liability for a non-consensual, intentional interference with another person. This privilege is based upon self defense, defense of third persons, mistake, or various other recognized legal theories. Even a state may have a privilege to interfere with the person of a citizen, and this privilege may extend to an interference to provide an infant citizen with medical care without the consent of, or against the express wishes of, the parent or guardian.
Physician's Liability For Torts Of Hospital Employees, Irene E. Svete
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 …
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
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.
Abortion Laws: The Perplexing Problem, Carl E. Wasmuth, Kenet E. Chareau
Abortion Laws: The Perplexing Problem, Carl E. Wasmuth, Kenet E. Chareau
Cleveland State Law Review
This note presents a brief history of the common law relating to abortion, a definition of the current problem, and proposals for reform of the abortion laws.
Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf
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.
Book Review, Philip J. Bourne
Book Review, Philip J. Bourne
Cleveland State Law Review
Reviewing Charles Kramer, The Negligent Doctor, Crown Publishers Inc., 1968
Medical Witness' Treatment By Courts, Monroe E. Trout
Medical Witness' Treatment By Courts, Monroe E. Trout
Cleveland State Law Review
An attempt has been made to review what the courts have recently said about medical witnesses and their testimony. Many questions can be asked about particular decisions, and indeed, an entire article could be written about individual cited cases. The only purpose of this paper is to review the recent decisions in order to give you a panoramic view of the type of questions which the courts are being asked to answer about the medical witness and his testimony.
Doctors' Privileged Communications, Public Life, And History's Rights, Jonas B. Robitscher
Doctors' Privileged Communications, Public Life, And History's Rights, Jonas B. Robitscher
Cleveland State Law Review
This article deals with two special problems in the field of confidentiality and privilege, which can be discussed together although they are not entirely related. These problems arise from a physician-patient relationship and are special by virtue of the fact that the patient has made himself a special object of public attention or public concern. The first of these is the problem of the physician who wishes to disclose information about an historical personage. The second problem is the disclosure of information by a physician concerning patients who are infamous rather than famous.
Book Review, James K. Gaynor
Book Review, James K. Gaynor
Cleveland State Law Review
Reviewing Problems in Hospital Law, Health Law Center, 1968
Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder
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.
The Injured Arthritic: His Medico-Legal Rights, Louis J. Gelber
The Injured Arthritic: His Medico-Legal Rights, Louis J. Gelber
Cleveland State Law Review
Plaintiffs in general fare rather poorly in litigation cases when trauma is responsible for the aggravation of their arthritic condition. The inadequate rewards are usually due to the poor presentation of the claimant's case to the judge and jury. The purpose of this paper is to illustrate some of the disabling results that trauma inflicts on victims of arthritis of the spinal column, and to discuss adjudication of these cases, as well as suggested therapy by means of x-rays.
The Hospital's New Responsibility, Arthur F. Southwick
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.
Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau
Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau
Cleveland State Law Review
In any discussion of an emergency room or an emergency department or an emergency service, a definition of the terms of reference is always helpful at the start. Unfortunately, definitions of what constitutes an "emergency room" are not easily found and although numerous regulations governing hospitals refer to the provision of emergency service, none have hazarded a precise definition. Thus far, definitions all seem to be in agreement that personnel, materials and regulations should be present to insure immediacy or promptness of care. But uniform agreement on how immediacy and promptness are to be provided does not seem to be …
The Physician As A Witness, Robert I. Zashin
The Physician As A Witness, Robert I. Zashin
Cleveland State Law Review
As a public servant the physician, being licensed to practice medicine, has certain obligations both to the state and to his profession. His primary obligation is to give aid to his patients and offer himself as a person capable of diagnosis and treatment of human ills. It is conceded by most observers that few professions require more careful preparation than that of medicine. However, a doctor's skill is not always to be found in his office. He is now often called upon to "battle" in the courts as an expert witness. In the growing interrelationship between law and medicine, the …
Battery In Medical Torts, Don S. Smith
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.
Book Review, Harry R. Grau
Book Review, Harry R. Grau
Cleveland State Law Review
Reviewing Carl E. Wasmuth, Law for the Physician, Lea & Febiger, 1966
Investigational Drugs And The Law, George F. Archambault
Investigational Drugs And The Law, George F. Archambault
Cleveland State Law Review
Moving directly to the subject "Investigational Drugs and the Law" and being concerned primarily with preventative law, a topic not unlike preventative medicine, what is it that must be known as a lawyer in this specialty field in order to aid physicians and pharmacists involved in clinical research, in clinical pharmacology research, in hospital administration, and in nursing and pharmacy practices to keep them from legal pitfalls? It is necessary to tackle the subject in a two-pronged manner: (1) the federal and state statutes, and (2) case law.