Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (45)
- Torts (38)
- Evidence (16)
- Law and Psychology (6)
- Food and Drug Law (5)
-
- Workers' Compensation Law (5)
- Civil Procedure (3)
- Family Law (3)
- Science and Technology Law (3)
- Comparative and Foreign Law (2)
- Criminal Law (2)
- Agriculture Law (1)
- Animal Law (1)
- Bioethics and Medical Ethics (1)
- Commercial Law (1)
- Disability Law (1)
- Environmental Law (1)
- European Law (1)
- Immigration Law (1)
- Insurance Law (1)
- Labor and Employment Law (1)
- Law and Gender (1)
- Legal Remedies (1)
- Litigation (1)
- Medicine and Health Sciences (1)
- Mental and Social Health (1)
- Privacy Law (1)
- Psychiatric and Mental Health (1)
- Keyword
-
- Medical malpractice (18)
- Malpractice (12)
- Causation (10)
- Expert testimony (8)
- Hospital liability (8)
-
- Trauma (7)
- Physicians (6)
- Informed consent (5)
- Res ipsa loquitur (5)
- Standard of care (5)
- Consent (4)
- Medical evidence (4)
- Medical malpratice (4)
- Medical testimony (4)
- Workmen's compensation (4)
- Automobile accidents (3)
- Charitable immunity (3)
- Control (3)
- Expert witness (3)
- Express consent (3)
- Head trauma (3)
- Malpractice insurance (3)
- Medical witness (3)
- Medical witnesses (3)
- Negligence (3)
- Patient's rights (3)
- Physician (3)
- X-ray (3)
- Abortion (2)
- Anesthesia (2)
Articles 91 - 120 of 175
Full-Text Articles in Medical Jurisprudence
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
Book Review, Irwin N. Perr
Book Review, Irwin N. Perr
Cleveland State Law Review
Reviewing Ben Bernstein, Whiplash - Its Medical-Legal Aspects, Legal Medicine Institute, 1958
Malpractice In The United Kingdom, R. Bryce-Smith
Malpractice In The United Kingdom, R. Bryce-Smith
Cleveland State Law Review
No law exists which precisely determines the liability of a medical practitioner in respect of his patients. However, the basis of a practitioner's responsibility is that he should "exercise a reasonable degree of skill and care." The principle was first evoked in the case of Lanphier v. Phipos (1838) and it is obvious that in the absence of any more exact requirements, considerable latitude exists. Gradually, various decisions of the courts have limited the field of responsibility, and indicated to some extent what is meant by "reasonable skill and care." With the exception of these modifications, the law has not …
Book Review, Milton Oppenheim
Book Review, Milton Oppenheim
Cleveland State Law Review
Reviewing David W. Louisell and Harold Williams, Trial of Medical Malpractice Cases, Matthew Bender & Co., Inc., 1960
Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland
Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland
Cleveland State Law Review
We do not intend here to advocate or condemn application of the doctrine of res ipsa loquitur in malpractice cases, but simply to indicate the cases where it was or was not applied, relying where possible on direct quotation from the judgments.
Malpractice Used As A Hospital Defense, Carl H. Miller
Malpractice Used As A Hospital Defense, Carl H. Miller
Cleveland State Law Review
Hospital immunity in negligence and other torts of agents and employees is disappearing steadily. The course of decisions in many states has been consistently in the direction of elimination of "charitable" immunity of hospitals. Seeking another line of defense, hospital administrators have re-examined the parties generally involved in a medical negligence action-patient, physician and hospital. Hospital administrators realized quickly that in order to remain free from general negligence liability, the main onus of tort responsibility would have to be shifted to the physician (or even the nurse) whenever and wherever possible.
Blood Transfusion Liability, James A. Thomas
Blood Transfusion Liability, James A. Thomas
Cleveland State Law Review
This paper is concerned with the causes of action available to the recipients of blood transfusions causing injury or death. Its scope is limited to cases where injury or death is caused by the blood itself, as where a transfusion is given with blood which is of the wrong type, or which is infected, or which is given to the wrong person.
Standards Of Care In Dentistry, Jerome A. Streem
Standards Of Care In Dentistry, Jerome A. Streem
Cleveland State Law Review
This article will discuss briefly each of the three sources of liability for which a dentist might commonly be subject to a malpractice suit: negligence, assault and battery, and breach of contract.
Discovery Of Medical Records, Margaret Mazza
Discovery Of Medical Records, Margaret Mazza
Cleveland State Law Review
Medical evidence is employed by plaintiffs chiefly to prove the causation and extent of personal injury damages, while defendants try to prove the slightness or lack of causal connection in such claims. Many types of medical reports are kept which may be used to substantiate the allegations of either party in personal injury actions. Of primary importance are the reports of physicians and hospitals, and reports upon the voluntary or compulsory examination of the plaintiff.
Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.
Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.
Cleveland State Law Review
In the September 1959 issue of the Cleveland-Marshall Law Reivew, Mr. Howard Oleck, Assistant Dean and Professor of Law of the School, has written an article discussing the legal relationships of physician, lawyer, and hospital administrator. While he addresses himself primarily to the legal relationships between these three groups, his article also concerns itself to some extent with the professional and administrative relationships involved. The article then goes on to discuss the case of Morwin v. Albany Hospital, and certain conclusions are drawn from the author's interpretation of this case which he applies to the "triangle" of doctor, lawyer, and …
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Cleveland State Law Review
This paper was intended as a contribution to the study of psychiatry, and especially institutional psychiatry, as a form of social control. More specifically, I have sought to present further evidence in support of the thesis that the relationship between the involuntarily hospitalized mental patient and his psychiatrist (s) is commonly antagonistic rather than cooperative in nature. The conception of a "mental illness," as essentially similar to a bodily disease, serves to obscure the many exceedingly significant socio-economic, legal and ethical aspects of forced mental hospitalization.The patient's lawsuit for release, and the psychiatric superintendent's appeal that he be permitted to …
Standard Of Care Of Medical General Practitioners, Milton Oppenheim
Standard Of Care Of Medical General Practitioners, Milton Oppenheim
Cleveland State Law Review
The law takes into account such matters as differences in various schools or systems of medicine, the state of medical acumen and knowledge, the established mode of practice, the locality, and conditions of practice. To reach a logical standard for physicians, and especially for that segment of the profession designated as "the general practitioner," various requirements are recognized by the law. Some courts insist that the degree of care and skill shall be commensurate with the advanced state of the science at the time of rendition of the service. This concept of the amount or degree of scientific medicine must …
Anesthesiology And The Law - In The Long View, Carl E. Wasmuth
Anesthesiology And The Law - In The Long View, Carl E. Wasmuth
Cleveland State Law Review
Anesthesiology is the youngest of the medical specialties. Born of surgical parents, it was nurtured through its infancy by well-meaning and dedicated physicians. Even now this specialty is one of the most litigated fields of medicine, rivaling radiology, surgery, and plastic surgery. This, however, is at best a dubious distinction. Considering the nature of the specialty, one can easily understand the reason. In the hands of the anesthesiologist rests the life of every patient undergoing a surgical operation.
Lawyer Meets Forensic Pathologist, George E. Hall
Lawyer Meets Forensic Pathologist, George E. Hall
Cleveland State Law Review
Forensic medicine is that part of medical science which is employed by the legal authorities for the solution of legal problems. Theoretically all branches of medicine may be included in this definition, for the law has used them all when need has arisen, and any doctor who testifies in court in his professional capacity can be considered a practitioner of legal medicine. The forensic pathologist is a trained pathologist who concentrates his efforts on the investigation of deaths which have occurred as result of violence or under suspicious circumstances.
Book Review, Raymond L. Shilling
Book Review, Raymond L. Shilling
Cleveland State Law Review
Reviewing Fred A. Mettler, The Medical Sourcebook, Little, Brown and Company, 1959