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Articles 31 - 60 of 68
Full-Text Articles in Medical Jurisprudence
Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise
Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise
Journal of Law and Health
This note examines "consensual" sexual relationships between non-mental health physicians and patients. More specifically, it examines whether such relationships ever amount to medical malpractice. Generally, a non-mental health physician would be liable under the rubric of medical malpractice only if the sexual relationship was commenced under the guise of "medical treatment." Recent cases, however, have expanded liability in certain circumstances when the physician-patient relationship has involved "counseling matters." "Counseling matters" describes talking to patients about their feelings, or discussing personal problems not necessarily related to their proposed treatment. Medical treatment supplemented by "counseling" purportedly requires greater scrutiny due to the …
A Proposal To Recognize A Legal Obligation On Physicians To Provide Adequate Medication To Alleviate Pain, Tonya Eippert
A Proposal To Recognize A Legal Obligation On Physicians To Provide Adequate Medication To Alleviate Pain, Tonya Eippert
Journal of Law and Health
This note seeks to show how the current practice among medical practitioners in the United States, by treating pain retroactively after it begins, is inadequate. Administering narcotics to patients on an "as needed" basis unnecessarily prolongs pain and suffering. A more effective approach, which is advocated by the Agency for Health Care Policy & Research (AHCPR), is to treat pain preventatively rather than retroactively. The myth that pain medication is addictive, and that physicians should therefore prescribe as little pain medication as possible, is just that, a myth. Patients are suffering pain in today's hospitals and at home unnecessarily. Given …
Development Of An Early Identification And Response Model Of Malpractice Prevention, Ellen Wright Clayton, Gerald B. Hickson, James W. Pichert, Charles F. Federspiel
Development Of An Early Identification And Response Model Of Malpractice Prevention, Ellen Wright Clayton, Gerald B. Hickson, James W. Pichert, Charles F. Federspiel
Vanderbilt Law School Faculty Publications
The dramatic rise in the incidence of malpractice claims over the past thirty years has revealed several problems with the U.S. system of medical dispute resolution. First, the sudden and unexpected increase in claims has created an insurance crisis wherein various medical specialists have had difficulty obtaining affordable insurance coverage. One such crisis occurred in Florida in the mid-1980's, when an inability of many physicians to procure medical malpractice coverage caused some to limit or curtail their practice. This resulted in access problems for the public. This phenomenon has disproportionately befallen physicians practicing obstetric medicine. Second, besides contributing to periodic …
Surgery By An Unauthorized Surgeon As A Battery, Thomas Lundmark
Surgery By An Unauthorized Surgeon As A Battery, Thomas Lundmark
Journal of Law and Health
This article examines the policy issues behind the doctrine of informed consent and reviews the decisional law and policies on the topic of ghost surgery. Jury instructions employed in California are also addressed. The author concludes that substitution of surgeons should not automatically prompt liability for a battery. The public policy behind the informed consent doctrine is to favor patients' self-determination over the doctor's paternalism. Imposition of liability for battery in a case where the defendant does not knowingly deviate from the consent is not necessary to effectuate this purpose.
The Nursing Profession In The 1990'S: Negligence And Malpractice Liability, Frank J. Cavico, Nancy M. Cavico
The Nursing Profession In The 1990'S: Negligence And Malpractice Liability, Frank J. Cavico, Nancy M. Cavico
Cleveland State Law Review
Since expanded responsibility portends increased liability, a thorough understanding of the law must be achieved for nurses' rights to be adequately protected and for nurses to be held properly accountable for their legal obligations. This work examines the legal rights, responsibilities, and particularly the potential legal liability of the nurse, in the contexts of modem nursing practice and current statutes and case law. The work focuses on one major aspect of the nurse's legal liability -the tort, or civil wrong, of negligence.
Review Of A Measure Of Malpractice: Medical Injury, Malpractice Litigation, And Patient Compensation, Vanessa Merton
Review Of A Measure Of Malpractice: Medical Injury, Malpractice Litigation, And Patient Compensation, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
An Interdisciplinary Seminar On Legal Issues In Medicine, Dale L. Moore
An Interdisciplinary Seminar On Legal Issues In Medicine, Dale L. Moore
Journal of Legal Education
No abstract provided.
"New And Improved" Estimates Of Qualification Discrimination, Joni Hersch, Joe A. Stone
"New And Improved" Estimates Of Qualification Discrimination, Joni Hersch, Joe A. Stone
Vanderbilt Law School Faculty Publications
The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic Losses and reasonable attorney fees. Using a Large sample of closed individual medical malpractice claims from Texas supplemented by data from Florida, this article provides an empirical assessment of the consequences of the early offer reform. Noneconomic damages make up about two-thirds of paid claim amounts. The minimum payment amount for serious injuries will affect the magnitude of insurer savings and claimant compensation. Payments to claimants will be expedited by 2 years by the early offer reform, and …
Medical Malpractice Litigation: Alternatives For Pennsylvania, Cathy J. Jones
Medical Malpractice Litigation: Alternatives For Pennsylvania, Cathy J. Jones
Duquesne Law Review
The medical malpractice crisis of the last decade produced legislative responses in several states, including Pennsylvania. Pennsylvania's malpractice act was declared unconstitutional by the Pennsylvania Supreme Court, however, and the state's malpractice arbitration system now shows little potential for dispute resolution. The author examines the Pennsylvania statute-and the reasons for its demise-as well as the performance of several alternative methods currently functioning in other states. She concludes that the most promising option for Pennsylvania is a system of voluntary binding arbitration.
Wrongful Life: Recognizing The Defective Child's Right To A Cause Of Action, J. Douglas Peters, Brian M. Peters
Wrongful Life: Recognizing The Defective Child's Right To A Cause Of Action, J. Douglas Peters, Brian M. Peters
Duquesne Law Review
No abstract provided.
Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild
Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild
Continuing Legal Education Materials
Reports from the UK/CLE Seminar on Law and Medicine held May 26-28, 1976.
The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart
The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
An Evaluation Of Changes In The Medical Standard Of Care, John K. Johnson, Jr.
An Evaluation Of Changes In The Medical Standard Of Care, John K. Johnson, Jr.
Vanderbilt Law Review
When a layman is charged with negligence, his conduct is compared with the conduct to be expected from that familiar fictional person-the reasonable and prudent man under the same or similar circumstances.' The defendant's special knowledge or skill is only one of the circumstances to be considered; another is the customary practice of those similarly situated. In the field of medical negligence, however, the conduct of other physicians becomes extremely important. The standard of care to which doctors will be held is determined to a large extent by fellow practitioners.
Malpractice--Sterilization Operation, James Alan Harris
Malpractice--Sterilization Operation, James Alan Harris
West Virginia Law Review
No abstract provided.
Limitations In Professional Malpractice Actions - Gaddis V. Smith; Atkins V. Crosland
Limitations In Professional Malpractice Actions - Gaddis V. Smith; Atkins V. Crosland
Maryland Law Review
No abstract provided.
Wood: A Handbook Of Dental Malpractice, Marcus L. Plant
Wood: A Handbook Of Dental Malpractice, Marcus L. Plant
Michigan Law Review
A Review of A Handbook of Dental Malpractice by L. Brent Wood
Abstracts Of Recent Cases, Lynne Ward Rexroad
Abstracts Of Recent Cases, Lynne Ward Rexroad
West Virginia Law Review
No abstract provided.
Malpractice By Veterinarians, Martin J. Strobel
Malpractice By Veterinarians, Martin J. Strobel
Cleveland State Law Review
The veterinarian's liability is measured by the same basic standards applicable to physicians and surgeons. In both fields the technical nature of the malpractice action creates special problems. To determine the issue of liability the jury must identify both the historical facts and the standard of care. Attempting to resolve issues of medical fact may be difficult for a lay jury; such resolution demanding as it does, not merely an appraisal of the witnesses' demeanor and character, but an evaluation of their stories in the context of the situation giving rise to the cause of action.
Ril Vs. The Expert Witness In Malpractice Cases
Ril Vs. The Expert Witness In Malpractice Cases
Washington and Lee Law Review
No abstract provided.
Malpractice In Dental Anesthesiology, Allen L. Perry
Malpractice In Dental Anesthesiology, Allen L. Perry
Cleveland State Law Review
Cases invovlving dental anesthesia reveal that breaches of the duty to use proper skill and care have occurred in selection of the type of anesthetic, method of administration, failure to examine the patient, use of unsterile instruments, failure to use safety devices, and failure to properly care for patients under the influence of anesthesia. Persons practicing dental anesthesiology, like those pracing medicine and surgery, must be duly able and careful. This rule is elementary and is founded on considerations of public policy. Whenever the behavior of a dentist or dental anesthesiologist has been of a nature such that a dereliction …
Torts - Limitation Of Actions - Malpractice Statute Of Limitations Does Not Accrue Until Patient Discovers That Negligently Administered Anesthesia Is The Cause Of The Injury, Robert M. Schwartz
Torts - Limitation Of Actions - Malpractice Statute Of Limitations Does Not Accrue Until Patient Discovers That Negligently Administered Anesthesia Is The Cause Of The Injury, Robert M. Schwartz
Villanova Law Review (1956 - )
No abstract provided.
Abstracts Of Recent Cases, Robert William Burk Jr.
Abstracts Of Recent Cases, Robert William Burk Jr.
West Virginia Law Review
No abstract provided.
Contibutory Negligence In Medical Malpractice, W. David Alderson
Contibutory Negligence In Medical Malpractice, W. David Alderson
Cleveland State Law Review
Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient's own negligence. In the second, the patient's negligence directly contributes to the severity of an injury already present because of the physician's negligence. The plaintiff-patient's damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time …
Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed.
Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed.
Michigan Law Review
Res ipsa loquitur, "the thing speaks for itself," has been the subject matter of extensive legal literature since its inception almost a century ago. It is now well settled that res ipsa loquitur is no more than an inference of negligence from circumstantial evidence. The doctrine is applicable if an act or occurrence is of the type that ordinarily would not take place without negligence, assuming the plaintiff has himself been passive, and if the instrumentality causing the harm is within the exclusive control of the defendant. The application of res ipsa loquitur to the medical malpractice area has …
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.
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.
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 …
Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger
Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger
Michigan Law Review
A Review of THE LAW OF MEDICAL PRACTICE. By Burke Shartel and Marcus L. Plant.
The Effect Of The Interrogatory Form On The Sufficiency Of The Answer - Britt V. Snyder, Herbert J. Belgrad
The Effect Of The Interrogatory Form On The Sufficiency Of The Answer - Britt V. Snyder, Herbert J. Belgrad
Maryland Law Review
No abstract provided.
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 …