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Articles 2581 - 2610 of 2912

Full-Text Articles in Medical Jurisprudence

Prolonging Life, George P. Fletcher Jun 1967

Prolonging Life, George P. Fletcher

Washington Law Review

A physician decides not to prolong the life of a terminal patient. What are the legal consequences? Is it murder, akin to a gunman's pulling the trigger? Or is the law more sensitive? Professor Fletcher proposes that a decision to interrupt life-sustaining therapy, such as that to turn off a mechanical respirator, should be classified as an omission, not an act. He arrives at this conclusion by analyzing the common sense usages of "cause" and "permit." If the decision is an omission then the law must focus on the doctor-patient relationship to define legal consequences, allowing customary standards of the …

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Prolonging Life, George P. Fletcher Jun 1967

Prolonging Life, George P. Fletcher

Washington Law Review

A physician decides not to prolong the life of a terminal patient. What are the legal consequences? Is it murder, akin to a gunman's pulling the trigger? Or is the law more sensitive? Professor Fletcher proposes that a decision to interrupt life-sustaining therapy, such as that to turn off a mechanical respirator, should be classified as an omission, not an act. He arrives at this conclusion by analyzing the common sense usages of "cause" and "permit." If the decision is an omission then the law must focus on the doctor-patient relationship to define legal consequences, allowing customary standards of the …

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Legal Implications Of Clinical Investigation, Howard N. Morse May 1967

Legal Implications Of Clinical Investigation, Howard N. Morse

Vanderbilt Law Review

There is an increasing concern among the members of the medical profession with legal rights, obligations and limitations affecting clinical investigation. This is understandable in light of the virtual explosion of clinical investigation within medical science. Clinical investigation is the systematic collection, evaluation and reporting, by or under the supervision of physicians, of data about other human beings for the purpose of advancing scientific medical knowledge. Thus it includes neither investigation relating to animals (even though such investigation may also advance scientific medical knowledge), nor investigation of human beings for purposes unrelated to medical science, nor the trial of unproven …

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Torts--Effect Of A Release Of An Original Tort Feasor Upon The Malpractice Of Attending Physician, Louis S. Southworth Ii Apr 1967

Torts--Effect Of A Release Of An Original Tort Feasor Upon The Malpractice Of Attending Physician, Louis S. Southworth Ii

West Virginia Law Review

No abstract provided.

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Waiver Of The Physician-Patient Privilege Mar 1967

Waiver Of The Physician-Patient Privilege

Washington and Lee Law Review

No abstract provided.

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Legal Implications Of Clinical Investigation, Howard N. Morse Mar 1967

Legal Implications Of Clinical Investigation, Howard N. Morse

William & Mary Law Review

No abstract provided.

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Evidence--Medical Malpractice--Expert Testimony Of Defendant Physician When Called As Adverse Witness, K. Paul Davis Feb 1967

Evidence--Medical Malpractice--Expert Testimony Of Defendant Physician When Called As Adverse Witness, K. Paul Davis

West Virginia Law Review

No abstract provided.

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The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson Jan 1967

The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson

Michigan Law Review

It is one of the great tragedies of the workmen's compensation story that almost all courts, in their perfectly justifiable search for a legal barrier that would keep compensation heart liability from getting out of hand, have seized upon the wrong component in the coverage formula. The words "by accident" or their equivalent were pressed into service for this task, ·and they have proved to be a most ill-fitting tool for this function. If the courts had followed the more logical course of testing these cases by the causal principle prescribed by the words "arising out of the employment," there …

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Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau Jan 1967

Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau

Cleveland State Law Review

In any discussion of an emergency room or an emergency department or an emergency service, a definition of the terms of reference is always helpful at the start. Unfortunately, definitions of what constitutes an "emergency room" are not easily found and although numerous regulations governing hospitals refer to the provision of emergency service, none have hazarded a precise definition. Thus far, definitions all seem to be in agreement that personnel, materials and regulations should be present to insure immediacy or promptness of care. But uniform agreement on how immediacy and promptness are to be provided does not seem to be …

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The Physician As A Witness, Robert I. Zashin Jan 1967

The Physician As A Witness, Robert I. Zashin

Cleveland State Law Review

As a public servant the physician, being licensed to practice medicine, has certain obligations both to the state and to his profession. His primary obligation is to give aid to his patients and offer himself as a person capable of diagnosis and treatment of human ills. It is conceded by most observers that few professions require more careful preparation than that of medicine. However, a doctor's skill is not always to be found in his office. He is now often called upon to "battle" in the courts as an expert witness. In the growing interrelationship between law and medicine, the …

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Battery In Medical Torts, Don S. Smith Jan 1967

Battery In Medical Torts, Don S. Smith

Cleveland State Law Review

The purpose of this paper is not so much to explore when and under what circumstances a battery takes place but to deal with the problems which the classification itself creates. These include questions of the applicability of special malpractice statutes of limitation, whether an action can be maintained under the Federal Tort Claims Act, coverage under malpractice insurance policies, causation and damages, and the requirement of expert medical testimony to provide a standard against which the conduct of the defendant may be measured.

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Book Review, Harry R. Grau Jan 1967

Book Review, Harry R. Grau

Cleveland State Law Review

Reviewing Carl E. Wasmuth, Law for the Physician, Lea & Febiger, 1966

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Investigational Drugs And The Law, George F. Archambault Jan 1967

Investigational Drugs And The Law, George F. Archambault

Cleveland State Law Review

Moving directly to the subject "Investigational Drugs and the Law" and being concerned primarily with preventative law, a topic not unlike preventative medicine, what is it that must be known as a lawyer in this specialty field in order to aid physicians and pharmacists involved in clinical research, in clinical pharmacology research, in hospital administration, and in nursing and pharmacy practices to keep them from legal pitfalls? It is necessary to tackle the subject in a two-pronged manner: (1) the federal and state statutes, and (2) case law.

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Statutes Of Limitations And Undiscovered Malpractice, Stanley Sacks Jan 1967

Statutes Of Limitations And Undiscovered Malpractice, Stanley Sacks

Cleveland State Law Review

A number of general legal problems have arisen out of malpractice actions and applicable statutes of limitations. Thus, the fact that there is a choice as to which event starts limitations running against the malpractice actions, either the physician's wrongful act or omission, or when such act or omission resulted in injury, is as naturally susceptible of varying judicial interpretation as the myriad of other legal situations. The situation that too often fosters injustice and thereby demands immediate and appropriate action, whether legislative or judicial, is that predicament where the wrongful act of a medical practitioner results in injury, but …

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Prolonging Life, George P. Fletcher Jan 1967

Prolonging Life, George P. Fletcher

Faculty Scholarship

A physician decides not to prolong the life of a terminal patient. What are the legal consequences? Is it murder, akin to a gunman's pulling the trigger? Or is the law more sensitive? Professor Fletcher proposes that a decision to interrupt life-sustaining therapy, such as that to turn off a mechanical respirator, should be classified as an omission, not an act. He arrives at this conclusion by analyzing the common sense usages of "cause" and "permit." If the decision is an omission then the law must focus on the doctor-patient relationship to define legal consequences, allowing customary standards of the …

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Dr. Bonham's Case And The Modern Significance Of Lord Coke's Influence, George P. Smith, Ii Apr 1966

Dr. Bonham's Case And The Modern Significance Of Lord Coke's Influence, George P. Smith, Ii

Washington Law Review

Cognizant of the significant, yet comparatively short-lived, contribution which Lord Edward Coke made to the English society of his day and to the inadvertent, as well as permanent, effect that his theory of fundamental law and judicial review had upon the American revolutionaries and the framers of the Constitution, the scope of this article has been limited primarily to a critical examination of the raison d'etre of the noted Dr. Bonham's Case—or, that case which structured Coke's entire argument for the supremacy of the fundamental law as ensured by judicial review. It is hoped that some idea may be gleaned …

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Abstracts Of Recent Cases, Lynne Ward Rexroad Feb 1966

Abstracts Of Recent Cases, Lynne Ward Rexroad

West Virginia Law Review

No abstract provided.

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Involuntary Commitment Of The Mentally Ill In Pennsylvania, John R. Mcginley Jan 1966

Involuntary Commitment Of The Mentally Ill In Pennsylvania, John R. Mcginley

Duquesne Law Review

No abstract provided.

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Release Procedure Under The Pennsylvania Mental Health And Mental Retardation Act Of 1966, Louis B. Loughren Jan 1966

Release Procedure Under The Pennsylvania Mental Health And Mental Retardation Act Of 1966, Louis B. Loughren

Duquesne Law Review

A person suffering from a mental illness has no constitutional right to liberty as long as the mental illness exists. The state exercises control over the locomotion of such individuals to prevent injury either to the patient himself or to other citizens and property. Power to protect the patient flows from the general duty of the sovereign to care for the members of society, i.e., the parens patriae doctrine. Similarly, the state police power includes the power to safeguard citizens and their property."

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Religious Freedom And Compulsory Blood Transfusion For Adult Jehovah's Witness, Anon Jan 1966

Religious Freedom And Compulsory Blood Transfusion For Adult Jehovah's Witness, Anon

Washington Law Review

In two separate instances adult Jehovah's Witnesses were admitted to hospitals with severe internal bleeding. Doctors in each instance determined that blood transfusions were required to save the patient's life. Each patient refused to consent to transfusions because of his religious beliefs. In one case the patient, who had no minor children, was pronounced incompetent, a conservator to consent to transfusion was appointed by the court, and the transfusion was administered. On appeal, the Illinois Supreme Court reversed. Held: An adult who has no minor children cannot be compelled to take lifesaving blood transfusions against his religious objection. In re …

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The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth Jan 1966

The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth

Cleveland State Law Review

To many a physican, law suits, courts, and occasionally law- yers themselves are anathema. Schooled in the sciences, his life is dedicated to the practice of medicine. He is a man of conviction and of purpose. He is articulate and even at times loqua- cious. These qualities would lead one to believe that the physician would be well equipped, quite willing, and capable of appearing as an expert witness in a court of law. Quite to the contrary, the physician most generally is unwilling to be a legal witness. In fact, the entire subject of law suits often is repugnant …

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Malpractice By Veterinarians, Martin J. Strobel Jan 1966

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.

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How To Handle An Anesthesia Injury Case, Albert Averbach Jan 1966

How To Handle An Anesthesia Injury Case, Albert Averbach

Cleveland State Law Review

The criteria of competence of the trial lawyer handling a medical malpractice case is, does he have at least as much if not more knowledge of the practice and procedure involved in the case than the defendant physician. In no place is this more true than in the field of anesthesiology. This is not, of course, to suggest that the attorney can compete with the physician in practical experience. But, it is to propose that many valid anesthesia malpractice cases result in nonsuits and that plaintiff's verdicts which are overturned on appeal are almost invariably lost due to insufficient evidence, …

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Blood Transfusions And Serum Hepatitis, Richard W. Dunn Jan 1966

Blood Transfusions And Serum Hepatitis, Richard W. Dunn

Cleveland State Law Review

Some definitive articles are available which succinctly state the problems and complications involved in the medical analysis and transfusion of blood. Similarly, general blood transfusion problems and the law applicable to each problem area (sensitization- mistyping-mislabeling-emergency situations-transmission of disease-risks-theories on liability) are represented in many works. One of the most troublesome of the transfusion-transmitted diseases is homologous serum hepatitis (HSH).

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How To Handle Medico-Legal Semantics, Hugh Miracle Jan 1966

How To Handle Medico-Legal Semantics, Hugh Miracle

Cleveland State Law Review

One of the main objectives of counsel in evidence presentation, both from the plaintiff and the defense side, is to instill in the minds of the jury a sufficiently clear and understandable knowledge of the medical facts of the case. In order to reach such a result, it is helpful to consider the medico-legal work in a trial from the viewpoint of semantics.

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Should Courts Set Doctors' Fees, Russell J. Glorioso Jan 1966

Should Courts Set Doctors' Fees, Russell J. Glorioso

Cleveland State Law Review

Should courts set doctors' fees? This short query has interesting ramifications. Initially, the question seems to demand an unqualifiedly negative answer. It is adverse to our system of free enterprise. It is socialized medicine. It is unconstitutional. Responses like these can be heard not only from the medical profession but from the conservative members of the public as well. Modem legislation, in attempting to regulate an ever expanding population, is constantly moving towards more and more social control. Rephrase the initial question to read, "should courts regulate workmen's compensation or Medicare?" What then, would the same people answer? And, yet, …

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Causation In Death After Trauma With Pre-Existing Cardiac Disease, S. R. Gerber Jan 1966

Causation In Death After Trauma With Pre-Existing Cardiac Disease, S. R. Gerber

Cleveland State Law Review

Adoption of commonly used words as synonyms for more precise terminology accepted for use within a profession leads to confusion when two or more professions employ the same word with different connotations. Thus, cause of death implies to the physician the etiology of the condition responsible for the terminal morbid process. In this respect, the physician considers the cause of death as the ultimate result of interaction of several conditions rather than a single entity.

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Traumatic Cancer, Theodore Dyke Jan 1966

Traumatic Cancer, Theodore Dyke

Cleveland State Law Review

The relationship of trauma to cancer may be of minimal import to the medical world; however, it is extremely important to the attorney from the point of view of compensation. The real problem is that no one knows what "causes"cancer. The present state of the medical art indicates that a given cancer may be caused by any of a number of factors, acting singly or jointly. Trauma is one of these factors, but the exac teffect of a single trauma in causing cancer is unknown. Medical experts will honestly differ in their opinions, because in fact they are frequently just …

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Compensation For Victims Of Crimes, Law Review Staff Dec 1965

Compensation For Victims Of Crimes, Law Review Staff

Vanderbilt Law Review

The steadily increasing number of crimes in the United States and other Western countries brings about not only the destruction of property and the expenditure of money and effort to apprehend and punish the criminals, but also physical injury to thousands of innocent victims.' Although our society has established elaborate safe-guards for the rights of the accused criminal, the injured victim is left to shoulder the responsibility of paying his own medical bills and providing for his own living expenses while he is unable to work. Because of the extremely high cost of medical and hospital care, even a well …

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Medical Practice--The Line Between Malpractice And Negligence, Fred L. Fox Ii Dec 1965

Medical Practice--The Line Between Malpractice And Negligence, Fred L. Fox Ii

West Virginia Law Review

No abstract provided.

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