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Articles 121 - 150 of 194
Full-Text Articles in Medical Jurisprudence
Weihofen: Mental Disorder As A Criminal Defense, Winfred Overholser M.D.
Weihofen: Mental Disorder As A Criminal Defense, Winfred Overholser M.D.
Michigan Law Review
A Review of Mental Disorder as a Criminal Defense. By Henry Weihofen.
Criminal Law - Reexamination Of Tests For Criminal Responsibility, Mary Lee Ryan
Criminal Law - Reexamination Of Tests For Criminal Responsibility, Mary Lee Ryan
Michigan Law Review
Criminal law in the Anglo-American system of jurisprudence is based upon the concept that persons should be held responsible for their acts. A strong corrollary to this idea is that certain types of persons, namely the "insane," should not be held responsible for criminal conduct. Although this proposition seems beautifully simple, courts in England and the United States for over a hundred years have wrestled with the problem of what constitutes insanity, or, to phrase it more accurately, what type of mental condition should preclude responsibility for a criminal act.
Workmen's Compensation - Traumatic Neurosis Without Physical Injury, Irving L. Halpern
Workmen's Compensation - Traumatic Neurosis Without Physical Injury, Irving L. Halpern
Michigan Law Review
Appellee and his co-worker attempted to lower a suspended scaffold on which they were standing, whereupon the scaffold gave way and the coworker fell to his death. Appellee suffered only slight bruises on his leg, but as a result of seeing his fellow employee fall to his death, he sustained severe fright and shock which resulted in a traumatic neurosis preventing him from engaging in the normal duties of his occupation. The lower court awarded appellee judgment for permanent partial disability under the Texas Workmen's Compensation Law. On appeal, held, reversed. Appellee's condition was a mental disease and compensable …
Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.
Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.
Michigan Law Review
Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute …
Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross
Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross
Michigan Law Review
In 1949, the last year for which accurate statistics are available, 390,567 persons were admitted to mental hospitals in the United States. Total annual cost of mental illness, including loss of earnings, has been estimated to be over a billion dollars a year. Although the problems involved in admission of the mentally ill patient to a hospital are usually thought of in terms of formal involuntary commitment proceedings, there is an increasing awareness of the desirability of provision for voluntary procedures which would encourage prompt and effective medical care. Voluntary admission is not a form of commitment, although it may …
Torts - Liability Of Physician Erroneously Certifying Insanity, Richard Z. Rosenfeld
Torts - Liability Of Physician Erroneously Certifying Insanity, Richard Z. Rosenfeld
Michigan Law Review
A physician certified plaintiff to be insane, when in fact she was sane; she was thereafter committed to a state sanitarium. Upon her release, she sued the physician for negligence in examination. Defendant's demurrer for failure to state a cause of action was sustained. On appeal, held, affirmed. Quoting almost the entirety of an analogous 1900 decision from the same jurisdiction, the court held that defendant had owed no duty to plaintiff. Because the administration of the law "should not be obstructed by the fears of physicians that they may render themselves liable to suit," certifying physicians "should be …
Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed.
Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed.
Michigan Law Review
Defendant was convicted of statutory rape on the strength of complaining witness' uncorroborated testimony. Testimony of the prosecutrix was to the effect that she had had sexual relations with defendant only once, that she had become pregnant and had given birth to a child prior to the trial, and that she had had sexual relations with no other men. Defendant moved for an order requiring that blood tests be taken of the child and the mother. The motion was denied. On appeal, held, affirmed. Assuming power, absent statute, to compel the taking of blood-grouping tests, the trial court did …
Guttmacher & Weihofen: Psychiatry And The Law., Morris Ploscowe
Guttmacher & Weihofen: Psychiatry And The Law., Morris Ploscowe
Michigan Law Review
A Review of Psychiatry and the Law. By Manfred. S. Guttmacher and Henry Weihofen.
Negligence-Liability Of Hospital For Suicide Of Patient, Richard Darger
Negligence-Liability Of Hospital For Suicide Of Patient, Richard Darger
Michigan Law Review
Decedent, a patient in the advanced stages of labor awaiting transfer from the labor room to the delivery room of defendant hospital, opened a window, unhooked the screen and jumped or fell to her death below. It was assumed by the court that death was caused by intrapartum psychosis, a condition which plaintiff claimed was recognized by the medical profession as a hazard of childbirth. Decedent had exhibited no unusual symptoms and had previously been through two normal pregnancies. The jury was allowed to find defendant negligent in not providing for constant attendance and in failing to bar the window …
Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons
Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons
Michigan Law Review
Defendant, a drugless healer licensed under statute as a sanipractor, undertook to treat plaintiff for what both parties realized was diabetes. Defendant followed standard sanipractic procedure, prescribing diets and baths. The treatment was unsuccessful, and plaintiff's health deteriorated greatly. Apparently on the theory that a sanipractor incurs no liability if he follows the accepted methods of his school, the trial court, notwithstanding jury's verdict for plaintiff, rendered judgment for defendant. On appeal, held, reversed and remanded, with directions to enter judgment on the verdict Where a drugless healer knows or should know that his method of treatment is not …
Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed.
Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed.
Michigan Law Review
A brought an action against B for injuries suffered in an automobile accident and aggravation of those injuries by the negligent treatment of a physician, D. B filed a third-party complaint against D for malpractice contending that D was liable over to him for all or a part of the judgment recovered by A. D's motion to dismiss the third-party complaint for want of a sufficient cause of action was denied. On appeal, held, affirmed. A tort-feasor who has been held liable for injuries is subrogated to any right of action which the injured party may …
Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs
Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs
Michigan Law Review
Defendant, a physician, was accused of the murder of his cancer-ridden patient by the injection of 40 c.c. of air into a vein of the patient's arm shortly before her death. The defendant had noted on the patient's medical chart the fact of the injection and that of her death, apparently a few minutes later. He subsequently dictated the same facts to his nurse, and later made similar admissions to local enforcement authorities and others making such statements on the day of his arrest and immediately thereafter. At the trial, a pathologist, called as an expert witness on behalf of …
Scientific Proof And Relations Of Law And Medicine, John E. Tracy
Scientific Proof And Relations Of Law And Medicine, John E. Tracy
Michigan Law Review
Ever since lawyers first began the practice of employing expert witnesses in cases where there were questions of fact to be determined, involving the existence and extent and the causes of bodily ailments, these experts-physicians, surgeons, anatomists, chemists, pathologists, and roentgenologists-have been generous in their proffering of advice to the practicing attorney as to the matters to which his preparation for trial should be directed, the proper theories to be adopted by him as to recovery or damages and his methods of examining and cross-examining witnesses of this character. The shelves of any large law library will be found to …
Medical Facts That Can And Cannot Be Proved By X-Ray: Historical Review And Present Possibilities, Samuel W. Donaldson
Medical Facts That Can And Cannot Be Proved By X-Ray: Historical Review And Present Possibilities, Samuel W. Donaldson
Michigan Law Review
As the science of the practice of medicine has progressed, new discoveries have brought out newer methods of diagnosis and treatment. With the discovery of x-rays by Professor Wilhelm Roentgen in 1895, an entirely new field was opened. The growth of this new field of medical radiology has been unusually rapid and of great importance. Radiology embraces the use of x-rays, radium, and other radioactive substances. Roentgenology is a division of radiology in that it is limited to the use of the Roentgen rays or x-rays, and medical roentgenology may be termed as the use of x-rays for the diagnosis …
Problems Of Proof In Claims For Recovery For Dermatitis, Louis Schwartz
Problems Of Proof In Claims For Recovery For Dermatitis, Louis Schwartz
Michigan Law Review
This article will consider, first, occupational dermatitis, and, second, dermatitis from wearing apparel and cosmetics.
Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy
Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy
Michigan Law Review
As a defense to a suit on an insurance policy, the defendant insurer claimed that the plaintiff was intoxicated at the time of the fatal accident. Defendant offered in evidence a portion of the case record of the hospital to which plaintiff was taken after the accident, the record stating that he was "apparently well under influence of alcohol." Although it was duly authenticated under the federal statute permitting business entries to be used as evidence, this evidence was excluded by the trial court as being an observation rather than a diagnosis. Held, reversed. There was no basis for …
Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman
Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman
Michigan Law Review
Pursuant to section 43 of the city charter, the City Council of New York appointed a special committee to investigate charges of negligence and maladministration in the treatment of patients at Lincoln Hospital. Subpoenas duces tecum were served upon the commissioner of hospitals and upon the medical superintendent of Lincoln Hospital requiring the production of hospital records, including case records relating to certain named patients. The commissioner refused to produce any of the case cards or records, justifying his position on the ground that the physician-patient privilege was applicable to legislative investigations. The New York Civil Practice Act, section 354, …
Injunctions Power Of Equity To Enjoin Criminal Act - Illegal Practice Of Medicine As A Public Nuisance, Michigan Law Review
Injunctions Power Of Equity To Enjoin Criminal Act - Illegal Practice Of Medicine As A Public Nuisance, Michigan Law Review
Michigan Law Review
The state, on the relation of a district attorney, sued to enjoin the defendant from practicing medicine in violation of a state statute. The statute termed the offense a misdemeanor and provided for imprisonment and a fine. The state alleged that the defendant's activities constituted a public nuisance because he was unskillful and thus endangered the health and lives of the public. Defendant demurred on the grounds that such conduct did not constitute a public nuisance and that the penal provisions of the statute afforded an adequate remedy. Held, injunction granted on the ground that the defendant's practice of …
Public Policies Underlying The Law Of Mental Incompetency, Milton D. Green
Public Policies Underlying The Law Of Mental Incompetency, Milton D. Green
Michigan Law Review
Mental incompetency, or legal insanity, has usually been studied in the patchquilt fashion. It appears as a sub-heading of incidental interest in such widely diversified subjects as crimes, contracts, domestic relations, torts and wills. It can, however, be conceived of as a single strand in the seamless web. So viewed, it may appear to wind in and out of the various artificial subdivisions of the law, cutting across each at one particular place or another. And so conceived, it can be studied according to the second and less orthodox method of analysis. Few are the isolated areas in the law …
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Michigan Law Review
Proceedings were brought against appellant under a Minnesota statute providing for commitment of psychopathic persons who showed habitual sexual misconduct. Appellant appealed to the state supreme court for a writ of prohibition, claiming denial of due process. Appellant's contentions were overruled and he appealed to the United States Supreme Court. Held, the statute did not deny due process. Minnesota ex rel. Pearson v. Probate Court, (U.S. 1940) 60 S. Ct. 523.
Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer
Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer
Michigan Law Review
Plaintiff insured had suffered from diabetes since 1932. Defendant insurance company paid disability benefits till 1937 and thereafter refused to make further payments on the ground that plaintiff had refused to avail himself of the insulin and dietary treatment advised by his physician. Such treatment is neither dangerous, painful, nor detrimental to the patient. From an order sustaining plaintiff's demurrer to defendant's answer, defendant appealed. Held, plaintiff's demurrer sustained. The policies as written define the rights and duties of the contracting parties and should be construed as written. The court will not read into policies by operation of law …
Banks And Banking - Liability Of Bank Upon Payment Of The Check Of An Insane Depositor Without Notice Of The Insanity, William L. Howland
Banks And Banking - Liability Of Bank Upon Payment Of The Check Of An Insane Depositor Without Notice Of The Insanity, William L. Howland
Michigan Law Review
The plaintiff, as trustee for a depositor, sought in this action to charge the defendant bank with the amount of a check drawn by the depositor while insane. On the ground that the depositor was an inmate of the state hospital for the insane, the plaintiff had been appointed his trustee. Subsequent to this appointment, the depositor drew the check in question, and the defendant paid the amount of the check to the payee. Held, in the absence of actual or constructive knowledge of the insanity, a payment by a bank of the check of an insane depositor is …
Physicians And Surgeons - Malpractice - Removal Of Swabs By Surgeon - Res Ipsa Loquitur, Michigan Law Review
Physicians And Surgeons - Malpractice - Removal Of Swabs By Surgeon - Res Ipsa Loquitur, Michigan Law Review
Michigan Law Review
Defendant surgeon failed to remove a swab from deceased's body after a major abdominal operation, relying in part on the accuracy of the count made by the head theatre nurse, employed by the hospital in which the operation occurred. In a suit by the mother of deceased against defendant for his alleged negligence, held, the doctrine of res ipsa loquitur applies, necessitating an explanation by defendant, but it is for the jury to decide on the evidence in the entire case whether defendant's conduct constituted a breach of his duty to use due care in performing the operation. Mahon …
Habeas Corpus - Insane Persons - Torts - Civil Action For Obstruction Of Right To Test Legality Of Imprisonment, John P. Cofrin
Habeas Corpus - Insane Persons - Torts - Civil Action For Obstruction Of Right To Test Legality Of Imprisonment, John P. Cofrin
Michigan Law Review
Claimant had been adjudged insane and committed to a state hospital by order of the court. On March 6, 1936, he signed a petition for a writ of habeas corpus, placed it in an envelope addressed to his attorney and left it with an employee of the hospital to be mailed. In the past claimant had written many letters asking for assistance to men in public life, who in turn annoyed claimant's wife. The superintendent of the hospital, therefore, complying with the request of claimant's wife that all his letters be sent to her, mailed her the letter containing the …
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Michigan Law Review
Plaintiff purchased from the defendant a prescription calling for an ingredient free from mercury, to which plaintiff was allergic. Defendant intentionally, for want of the other ingredient, substituted a commercial compound containing mercury without notifying the purchaser. Subsequent applications caused inflammation, and plaintiff's doctor inquired as to whether mercury was an ingredient of the prescription. Defendant, knowing otherwise, replied in the negative. Further applications in reliance upon the statement caused more serious injury. The jury found the defendant negligent in filling the prescription, but a verdict was returned for the defendant on the ground that the injury was not foreseeable; …
Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud
Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud
Michigan Law Review
At one time, under the Roman civil law, neither a physician nor an advocate could recover in an ordinary action at law for services rendered. The philosophical interpretation put upon such services was that, each case being sui generis both as to the value of the service to the patient and as to the skill and attainment required of the physician, a fixed and invariable salary could not be predicated upon this basis and therefore the compensation must depend upon the case. This compensation was not a matter of right but a gratuity or honorarium, as it was called, paid …
Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher
Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher
Michigan Law Review
A Massachusetts statute made the selling of any drug, medicine or instrument for the prevention of conception a criminal offense. The defendants, a doctor, a nurse, and two social workers, all connected with a charitable association, prescribed and sold contraceptives to non-pregnant, married women. Defendants' offer of proof, admitting the facts charged, but contending that the statute did not apply where the sale was made under a physician's prescription for the preservation of life or health, was found by the trial court to constitute no defense. Held, that the wording was plain and unequivocal allowing for no implied exception. …
Coroners - Inquests - Right To Exhume Body After Burial, James W. Mehaffy
Coroners - Inquests - Right To Exhume Body After Burial, James W. Mehaffy
Michigan Law Review
Two weeks after burial of deceased, report was received of analysis of contents of the stomach, indicating death by poisoning. The coroner desired to hold an inquest for further investigation five weeks after burial, and sought to exhume the body for that purpose. The husband of the deceased sought to enjoin the exhumation. Held, the body may be exhumed. Sejrup v. Shepard, (Minn. 1937) 275 N. W. 687.
Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review
Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review
Michigan Law Review
Statutes, in some two-thirds of the forty-eight states, have the approximate effect of changing all warranties in life insurance policies into representations. And in most of the remaining states the courts have interpreted statements of the applicant as representations rather than warranties wherever there has been room for doubt, to avoid the harshness of the rules governing a breach of warranty. The effect of all this is to eliminate immaterial misrepresentations of fact from the list of the insurer's possible defenses, and to increase the importance of determining when a misrepresentation is material, and by whom that inquiry is to …
Evidence - Judicial Notice Of Medical Facts - Judge's Right Of Private Investigation, Edward D. Ransom
Evidence - Judicial Notice Of Medical Facts - Judge's Right Of Private Investigation, Edward D. Ransom
Michigan Law Review
A recent case, Anderson v. Jersey Creamery Co., invokes a discussion of the problems of judicial knowledge particularly as it is pertinent to cases involving medical science. This was an action under the Survival Act for electrocution of defendant's employee, who, while working in a wet truck, came in contact with a charged conduit. To maintain the action it was necessary to show that the death was not instantaneous. The father of the deceased testified that he saw his son's face twitch and fingers move while resuscitation was being attempted with a pulmotor. The plaintiff produced no medical testimony …