Medical Jurisprudence Commons^™

Court Ordered Non-Emergency Medical Care For Infants, James A. Baker

Cleveland State Law Review

It has long been recognized that a privilege to act is a perfect defense to liability for a non-consensual, intentional interference with another person. This privilege is based upon self defense, defense of third persons, mistake, or various other recognized legal theories. Even a state may have a privilege to interfere with the person of a citizen, and this privilege may extend to an interference to provide an infant citizen with medical care without the consent of, or against the express wishes of, the parent or guardian.

Physician's Liability For Torts Of Hospital Employees, Irene E. Svete

Cleveland State Law Review

Why should a treating physician be held liable for any lack of treatment on the part of the hospital employees? On what basis can such a conclusion be reached? An agency relationship was considered as existing between the parties, making the physician liable for the actions of the hospital employees. He was the "Captain of the Ship," the one in control of the patient's treatment and care. Only he was answerable for resulting injury and death from lack of said treatment. The "Captain" will be held liable for others' negligence where the acts performed by them are under conditions where …

Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski

Cleveland State Law Review

The primary legal concern of the pharmacist has been and continues to be in the field of negligence. With the increasing legal awareness of society, however, it becomes imperative to examine what liabilities may arise under the U.C.C. The main objective of this paper is to explore the possible areas of liability that may arise under the Code in the sale of patent medicines by the pharmacist.

Abortion Laws: The Perplexing Problem, Carl E. Wasmuth, Kenet E. Chareau

Cleveland State Law Review

This note presents a brief history of the common law relating to abortion, a definition of the current problem, and proposals for reform of the abortion laws.

Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf

Cleveland State Law Review

This issue deals with the question of whether a medical expert witness need be a resident of the particular community in order to testify as to local hospital standards in that community. Generally, in cases involving medical malpractice, the courts have held that the expert witness must have practiced in the "same" or "similar" locality as the defendant doctor in order that his testimony be held admissible to establish the standard of medical care against which the defendant is to be held.

Book Review, Philip J. Bourne

Cleveland State Law Review

Reviewing Charles Kramer, The Negligent Doctor, Crown Publishers Inc., 1968

Torts-Res Ipsa Loquitur In Medical Malpractice, Martin J. Glasser

West Virginia Law Review

No abstract provided.

Legal Problems In Donations Of Human Tissues To Medical Science, Author Unidentified

Vanderbilt Law Review

On December 3, 1967, the first human heart transplant was performed by Dr. Christian Barnard in Capetown, South Africa.' Although the achievement received a great deal of attention, it is clear that its principal import is in the perfection of new surgical techniques, rather than in conceptual innovation. Organ transplants have been performed for many years, from the simplest, a blood transfusion,to more complex and hazardous therapeutics, such as skin grafts and kidney transplants. Anatomically, the heart is no more important or necessary an organ than the kidney or the liver, but common subjective notions of the heart's central function …

Standard Of Care In Legal Malpractice, Martin T. Fletcher

Indiana Law Journal

No abstract provided.

Discovery Rule: Accrual Of Cause Of Action For Medical Malpractice

Washington and Lee Law Review

No abstract provided.

Expert Opinion From The Defendant-Physician

Washington and Lee Law Review

No abstract provided.

Malpractice--Sterilization Operation, James Alan Harris

West Virginia Law Review

No abstract provided.

Prepayment Health Care Plan Enabling Acts - Are Their Restrictive Features Constitutional?, John M. Campfield

Duquesne Law Review

Illness is something which afflicts the rich as well as the poor, the affluent as well as the downtrodden. It does not choose its host according to social position, educational background, or economic status. In this century the medical sciences and the medical professions have minimized the hazards of illness. Yet the costs of preventing or curing illness, and the financial burden placed upon the victim, persists and grows.

Physicians & Surgeons - Malpractice - Standard Of Care, David L. Gilmore

Duquesne Law Review

The Supreme Judicial Court of Massachusetts has held that the "locality rule" in regard to the standard of care of physicians and surgeons is no longer applicable.

Brune v. Belinkoff, ___ Mass. ___, 235 N.E.2d 793 (1968).

Medical Witness' Treatment By Courts, Monroe E. Trout

Cleveland State Law Review

An attempt has been made to review what the courts have recently said about medical witnesses and their testimony. Many questions can be asked about particular decisions, and indeed, an entire article could be written about individual cited cases. The only purpose of this paper is to review the recent decisions in order to give you a panoramic view of the type of questions which the courts are being asked to answer about the medical witness and his testimony.

Doctors' Privileged Communications, Public Life, And History's Rights, Jonas B. Robitscher

Cleveland State Law Review

This article deals with two special problems in the field of confidentiality and privilege, which can be discussed together although they are not entirely related. These problems arise from a physician-patient relationship and are special by virtue of the fact that the patient has made himself a special object of public attention or public concern. The first of these is the problem of the physician who wishes to disclose information about an historical personage. The second problem is the disclosure of information by a physician concerning patients who are infamous rather than famous.

Book Review, James K. Gaynor

Cleveland State Law Review

Reviewing Problems in Hospital Law, Health Law Center, 1968

Between Life And Death: Ethical And Moral Issues Involved In Recent Medical Advances, Thomas A. Wassmer

Villanova Law Review (1956 - )

No abstract provided.

The Paradoxical Preservation Of A Principle, Ralph B. Potter Jr.

Villanova Law Review (1956 - )

No abstract provided.

Limitations In Professional Malpractice Actions - Gaddis V. Smith; Atkins V. Crosland

Maryland Law Review

No abstract provided.

A Perspective For Considering The Moral, Legal, And Ethical Problems Arising From Advances In Medical Science, William Likoff

Villanova Law Review (1956 - )

No abstract provided.

The Dying Patient, The Doctor, And The Law, J. Russell Elkinton

Villanova Law Review (1956 - )

No abstract provided.

Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder

Cleveland State Law Review

The "Cloak of Protection encompassing the physician in the practice of his profession" is no longer to be taken for granted. Recent decisions in Alaska, California, Louisiana, Oregon, and Wisconsin have swept aside the traditional limitations in the use of the res ipsa loquitur doctrine. They impose all but strict liability upon the medical profession for mistakes occurring during treatment or surgery.

The Injured Arthritic: His Medico-Legal Rights, Louis J. Gelber

Cleveland State Law Review

Plaintiffs in general fare rather poorly in litigation cases when trauma is responsible for the aggravation of their arthritic condition. The inadequate rewards are usually due to the poor presentation of the claimant's case to the judge and jury. The purpose of this paper is to illustrate some of the disabling results that trauma inflicts on victims of arthritis of the spinal column, and to discuss adjudication of these cases, as well as suggested therapy by means of x-rays.

The Legal Problems Of Organ Transplantation, Emile Zola Berman

Villanova Law Review (1956 - )

No abstract provided.

The Hospital's New Responsibility, Arthur F. Southwick

Cleveland State Law Review

The focus for this discussion is the hospital as a corporate institution and its liability for injuries caused a patient or visitor. The fundamental question is: What legal duties does the hospital and its personnel owe the patient or the visitor? To attempt an answer to this question one must first have an understanding of the role and nature of a hospital in modern society.

Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

Wood: A Handbook Of Dental Malpractice, Marcus L. Plant

Michigan Law Review

A Review of A Handbook of Dental Malpractice by L. Brent Wood

Abortion And The Crime-Sin Spectrum, Willard D. Lorensen

West Virginia Law Review

No abstract provided.

Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review

Michigan Law Review

Defendant's attorney in a personal injury action sought on cross-examination to impeach plaintiff's physician regarding his determination of the degree of plaintiff's disability by referring to the medical standards set forth in the American Medical Association's Guide to the Evaluation of Permanent Impairment--The Extremities and Back. Pointing to the physician's testimony that he had not relied on the Guide in making his evaluation, the trial court sustained plaintiff's objection that such cross-examination was not permissible. On appeal, the Wisconsin Supreme Court held that the trial court was correct in sustaining the objection in accordance with the established rule that it …