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Articles 151 - 175 of 175
Full-Text Articles in Medical Jurisprudence
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.
Physician's View Of Whiplash Injuries Of The Neck, Paul A. Nelson
Physician's View Of Whiplash Injuries Of The Neck, Paul A. Nelson
Cleveland State Law Review
Whiplash injuries of the neck as the result of automobile accidents have attracted increased attention in recent years from both the medical and legal professions. The incidence of such injuries has risen steadily, paralleling the increase in the number of automobiles and in the number of accidents on our highways. Unfortunately, effective safety measures or changes in automobile design that might prevent or minimize these injuries have not yet been introduced. Because most whiplash injuries involve compensation and many entail litigation, the correct management of such cases both medically and legally is of considerable economic importance.
Radiographic Aspects Of Whiplash Injury Of The Cervical Spine, Robert R. Wise
Radiographic Aspects Of Whiplash Injury Of The Cervical Spine, Robert R. Wise
Cleveland State Law Review
While the mechanism of sudden forceful flexion or extension of the neck producing injuries to the ligaments bones, and nerves of the neck has long been known, the term "whiplash injury" appears not to have been used in the medical literature until 1945 when it was first used by Davis. In his paper he analyzed 134 injuries of the cervical spine resulting from automobile accidents. Since then the term has been used to designate injuries to the neck or cervical spine which result from sudden forward or backward motion of the head, excluding the obviously catastrophic injuries resulting in complete …
Medical Evaluation Of Mental Pain And Suffering, Carl E. Wasmuth
Medical Evaluation Of Mental Pain And Suffering, Carl E. Wasmuth
Cleveland State Law Review
What the attorney calls "mental pain and suffering" and emotional disturbance is identified by the physician as stress, a concept easier to appreciate than to define. The term was probably borrowed from the language of the engineer. Selye, the chief proponent of the term in medicine, employs it to describe the effects of external influences upon the human mind and body. The lawyer seeking damages for his client on the basis of mental and emotional disturbances (mental "pain and suffering") finds proof difficult. Until the sciences supply an accurate measure of mental and emotional disturbances due to stress, the legal …
The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell
The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell
Cleveland State Law Review
This article is written on behalf of the many trauma patients and their trial attorneys who discover to their horror, that their important medical witness - the "attending" doctor, - suffers from "Globus Hystericus". It is hoped that this paper may prove to be the elusive Rx to cure some difficulties raised by those few physicians (and yet there are too many) who hide their fear of the witness chair behind lame excuses, or even behind flat refusals to testify.
Consent To Surgical Procedures, Carl E. Wasmuth
Consent To Surgical Procedures, Carl E. Wasmuth
Cleveland State Law Review
Case law relating to surgical consent is fairly well settled. A review of the numerous decisions on this question can be summed up with a general statement: If the patient freely consults the physician, understands the operation contemplated, enters the hospital, and submits to the operation, consent is implied. This consent to a surgical operation is a privilege that the patient extends to the surgeon to commit trespass to the person.
Hospital Immunity, Ellis B. Brannon
Hospital Immunity, Ellis B. Brannon
Cleveland State Law Review
An archaic rule has been modified in Ohio by the Supreme Court decision in Avellone v. St. John's Hospital. However, this decision leaves open the question of whether the Ohio Supreme Court will apply the New York Rule to hospital liability in Ohio, or whether it will apply a less restrictive rule of liability to hospitals in this State. Essentially, the question is whether the hospital will be held responsible for all acts of negligence of its agents occurring within the physical confines of hospital premises, or whether it will be excluded from liability in those instances where the act …
Causation: A Medico-Legal Battlefield, Albert Averbach
Causation: A Medico-Legal Battlefield, Albert Averbach
Cleveland State Law Review
In the court room, the trial lawyer strives to introduce medical testimony as to the cause of a condition or disease. Resort in many instances is made, through a hypothetical question to a non-attending physician, as to whether or not the accident described was a competent cause of a later-described or assumed condition, or "might," "could, "would," or "was" competent to have caused it. A great conflict exists in the various states as to the permissible range of inquiry in such cases, depending upon the particular jurisdiction's interpretation of the requirement that medical opinions must be reasonably certain or reasonably …
Whiplash Injuries Of The Neck, Kenneth H. Abbott
Whiplash Injuries Of The Neck, Kenneth H. Abbott
Cleveland State Law Review
The nomenclature, mechanics, pathology and symptomatology of the minor injuries to the neck incurred in the socalled whiplash injury are reviewed. The common mechanism of this injury is shown to be hyperextension with recoil into hyperflexion, causing a sprain, of the soft tissues of the neck. In the more seriously injured, there may occur tearing and even avulsion of capsular and ligamentous structures of the neck. With injury to nerves and blood vessels, associated head and lower back injuries may also occur. Less commonly bony fractures of the neck vertebrae may be found. Attention is given to the delayed symptoms …
Hospital Tort Liability, Aaron Jacobson
Hospital Tort Liability, Aaron Jacobson
Cleveland State Law Review
Public Benefit Activities of a hospital, university or welfare agency have been looked upon with special favor by the law for many decades-a genuine kind of legalistic paternalism. They being institutions of beneficent motive, the policy of the judiciary has been to aid them through notable departures from the rules. Arguments to the contrary met a stone wall of "public policy." One such departure is exemplified in the immunity from liability for the tortious conduct of their employees that hospitals have enjoyed. Thus, a patient injured through negligence while in the care of a hospital often had no recourse, no …