Medical Jurisprudence Commons^™

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Uniform Anatomical Gift Act: Is The Right To A Decent Burial Obsolete?, Richard C. Groll, Donald J. Kerwin

Loyola University Chicago Law Journal

No abstract provided.

Williams V. Florida: End Of A Theory - Part I, O. John Roger

Villanova Law Review (1956 - )

No abstract provided.

Mental And Nervous Injury In Workmen's Compensation, Arthur Larson

Vanderbilt Law Review

"[H]ow could it be real when. . .it was purely mental?" This poignant judicial cry out of the past, which I occasionally quote to put down my psychiatrist friends, contains the clue to almost all of the trouble that has attended the development of workmen's compensation law related to mental and nervous injuries. This equation of "mental" with "unreal," or imaginary, or phoney, is so ingrained that it has achieved a firm place in our idiomatic language. Who has not at some time, in dismissing a physical complaint of some suffering friend or relative, airily waved the complaint aside by …

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.

Failure To Inform As Medical Malpractice, Stephen L. Edwards

Vanderbilt Law Review

It has long been recognized in American law that a proper patient-physician relationship is founded upon the technical competency of the physician. Before the advent of cases dealing with informed consent, a patient who had given his consent to proposed treatment could recover for injuries only when the physician had acted incompetently in the administration of the treatment. Within the past fifteen years, however, the courts have recognized that the maintenance of a proper patient-physician relationship depends not only upon the technical competency of the physician, but also upon the presence of effective communication between the two parties. Therefore, recent …

Voluntary Euthanasia, Arval A. Morris

Washington Law Review

To avoid the possibility of confusion, it is necessary to distinguish voluntary euthanasia from other similar, but not necessarily related situations. By voluntary euthanasia I refer to one specific situation, and to no other. Any definition of the principle of voluntary euthanasia must lay emphasis on the word "voluntary" as it specifically applies to the right of an adult person who is in command of his faculties to have his life ended by a physician, pursuant to his own intelligent request, under specific conditions prescribed by law, and by painless means. Thus, voluntary euthanasia involves at least two willing persons—a …

The Medical, Legal, And Ethical Considerations Of Human Organ Transplantations, Carl E. Wasmuth

William & Mary Law Review

No abstract provided.

Products Liability - "Bad Blood" - Strict Liability, Charles W. Kenrick

Duquesne Law Review

The Supreme Court of Pennsylvania has held that an administrator of a decedent who died of hepatitis allegedly as a result of a transfusion with contaminated blood may maintain a cause of action against a hospital for breach of implied warranties of merchantibility and fitness.

Hoffman v. Misericordia Hospital of Philadelphia, 439 Pa. 501, 267 A.2d 867 (1970).

Margaret Sullivan entered Misericordia Hospital on May 2, 1967 for the birth of a child. Postnatal complications developed requiring that she receive transfusions of whole blood. The transfused blood was supplied partially by the hospital from its own reserves and partially …

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 …

Federal Population Policy: A Decade Of Change, Carl S. Shultz

Villanova Law Review (1956 - )

No abstract provided.

National Population Programs And Policy: Social And Legal Implications - A Symposium - Introduction, Donald A. Giannella

Villanova Law Review (1956 - )

No abstract provided.

Population Policies Of State Governments In The United States: Some Preliminary Observations, Edwin D. Driver

Villanova Law Review (1956 - )

No abstract provided.

National Population Problems And Standardization Of Family Size, H. Yuan Tien

Villanova Law Review (1956 - )

No abstract provided.

The Constitutional Aspects Of A National Population Policy, Cyril C. Means

Villanova Law Review (1956 - )

No abstract provided.

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

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

Cleveland State Law Review

Reviewing Hospital Liability Law: Lectures and Trial Demonstrations, Institute of Continuing Legal Education, 1968

Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski

Faculty Scholarship

No abstract provided.

National Population Programs And Policy: Social And Legal Implications, Carl S. Shultz, H. Yuan Tien, Edwin D. Driver, Cyril C. Means

Villanova Law Review (1956 - )

No abstract provided.

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.

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

Cleveland State Law Review

Reviewing Melvin L. Seltzer, Understanding Law and Psychiatry, Practising Law Institute, 1969

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 …

Barriers To Attainment Of Health Care In West Central Maine : A Critique By The Poor, Health Facilities Planning Council

Maine Collection

Barriers to Attainment of Health Care in West Central Maine : A Critique by the Poor

"Conducted by the Health Facilities Planning Council, 11 Parkwood Drive, Augusta, Maine under contract to Maine Department of Health and Welfare, June, 1969."

Contents: Foreword / Table of Contents / Introduction / Map / Franklin County / Housing / Dental Rot / Franklin County Memorial Hospital / Family Planning / RN's / State Public Health Nurses / Unmet Health Needs / The Last Outpost / Home Visit in Farmington Falls / Home Visit in Industry / Home Visit in Rangeley Area / Conversations on …

A Proposed Cure For The Intervention Blues, Lawrence E. Hard

University of Michigan Journal of Law Reform

This article does not purport to provide a study of the doctrine of subrogation and the merits of that doctrine in the context of insurance coverage. There are several difficult questions which could be raised as to the proper role of subrogation in insurance litigation. This article assumes the propriety of extending the right of subrogation to the type of medical and hospital payment plans offered by the Services and analyses the device of intervention as a method of enforcing the Services' right to contractual subrogation.

Providing Human Organs For Medical Transplant

Washington and Lee Law Review

No abstract provided.

Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper

St. Mary's Law Journal

Abstract Forthcoming.

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

Cleveland State Law Review

Reviewing Elliot L. Sagall and Barry C. Reed, The Heart and the Law, McMillan, 1968