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Full-Text Articles in Medical Jurisprudence

Semantics Of Traumatic Causation, Richard M. Markus Jan 1963

Semantics Of Traumatic Causation, Richard M. Markus

Cleveland State Law Review

Sometime before the trial of every personal injury case, each lawyer involved must make sure that the physicians whom he will call to testify understand the legal meaning of certain medical words. Counsel have not sufficiently prepared their case from a medical viewpoint, when they have ascertained the trauma sustained and its medical consequences. The lawyer must also educate the doctor about legal technicalities which will control the significance of the doctor's testimony. Among the most important formal requirements on the physician's testimony are those which relate to the language of causation. This article will discuss the views of various …

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Ocular Effects Of Whiplash, James Jay Brown Jan 1963

Ocular Effects Of Whiplash, James Jay Brown

Cleveland State Law Review

The purpose of this article is to show how one may establish a cause of action for eye damages caused by whiplash trauma by presenting current medical literature which proves a cause and effect relation. Considering the vast complexity of the ocular mechanism, and its connection with the cervical spine region, a neuro-muscular-skeletal explanation of these areas will precede the medical documentation. Court decisions supporting petitions for this type of eye damage are unavailable. However, in order to show that whiplash trauma has, in the past, included some ocular disturbances, a few cases will follow the documentation in support of …

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Recent Traumatic Disease Claims, Henry B. Fischer Jan 1963

Recent Traumatic Disease Claims, Henry B. Fischer

Cleveland State Law Review

Claimants over the years have alleged a causal relation between trauma and almost every conceivable disease. Medicolegal literature abounds with articles concerning the relation between trauma and the more commonly occurring diseases, such as cancer, diabetes, arthritis, bursitis, heart disease, multiple sclerosis, and epilepsy. Numerous books wholly devoted to the relation of trauma and disease, have been written.This article is primarily concerned with cases wherein an allegation is made that a single trauma caused a disease.

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Aid For The Medically Indigent, Jacob Meerman, Millard Long Dec 1962

Aid For The Medically Indigent, Jacob Meerman, Millard Long

Vanderbilt Law Review

In the following paper we discuss the ability of low income groups to purchase needed care, consider the private alternatives to government action, find these deficient, and hence review various proposals made to the Congress. Finally, we examine a proposal which, while originally propounded in the early Fifties, has received little attention in the recent debates. To the authors, it would seem the best approach to care for the indigent.

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The Ucla Medical-Legal Seminar, Murray L. Schwartz, Robert J. Stoller, John Paul Walters Sep 1962

The Ucla Medical-Legal Seminar, Murray L. Schwartz, Robert J. Stoller, John Paul Walters

Journal of Legal Education

No abstract provided.

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Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook Jun 1962

Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

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Torts--Malpractice--Wrongful Death Action Based On Breach Of Contract, Ralph Charles Dusic Jr. Jun 1962

Torts--Malpractice--Wrongful Death Action Based On Breach Of Contract, Ralph Charles Dusic Jr.

West Virginia Law Review

No abstract provided.

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Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed. Jun 1962

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 …

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Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr. Apr 1962

Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.

Michigan Law Review

In common with other nations of the world the United States today as in the past is faced with the problem of controlling prostitution, particularly in urban areas. At one time or another states and cities in the United States have experimented with the classic methods of controlling prostitution: reglementation, segregation and repression. Reglementation of individual houses or prostitutes has never been carried out on a statewide basis in any state in the United States, though one can find instances in certain large cities in the nineteenth and early twentieth centuries in which city ordinances or de facto police regulations …

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Heart Disease And The Law: The Legal Basis For Awards In Cardiac Cases, By Harold F. Mcniece, Ivan C. Rutledge Apr 1962

Heart Disease And The Law: The Legal Basis For Awards In Cardiac Cases, By Harold F. Mcniece, Ivan C. Rutledge

Indiana Law Journal

No abstract provided.

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Damages-Pain And Suffering-Use Of A Mathematical Formula, Thomas D. Heekin S .Ed. Mar 1962

Damages-Pain And Suffering-Use Of A Mathematical Formula, Thomas D. Heekin S .Ed.

Michigan Law Review

Measurement of damages for pain and suffering is, in a sense, an attempt to measure the unmeasurable; yet as long as our law recognizes a right to recover for pain and suffering, the jury or judge must arrive at some concrete figure. The traditional approach of simply instructing the jury that they should arrive at a reasonable amount provides little, if any, guidance. The question is whether this approach, nevertheless, remains the best of a bad lot of alternatives. If more guidance is desirable, what can be accomplished within the framework of our present system? The mathematical formula discussed in …

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The Basis Of Medical Testimony, Paul D. Rheingold Mar 1962

The Basis Of Medical Testimony, Paul D. Rheingold

Vanderbilt Law Review

Like any other expert, the medical witness is brought into court to render an opinion upon technical issues involved in a case. Fundamental to the opinions or conclusions which the medical witness renders is a matrix of data learned, observed or related, both fact and opinion. These subsidiary items, taken together, are commonly referred to as the basis of expert testimony. Thus a doctor, in testifying on the cause of a patient's condition, for example, might refer to and rely upon what he has observed in examining the patient, upon what the patient has told him of his symptoms, and …

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Torts--Private Hospitals--Liability For Refusal To Provide Emergency Treatment, John Templeton Kay Feb 1962

Torts--Private Hospitals--Liability For Refusal To Provide Emergency Treatment, John Templeton Kay

West Virginia Law Review

No abstract provided.

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Consent To Operative Procedures, Kenneth C. Proctor Jan 1962

Consent To Operative Procedures, Kenneth C. Proctor

Maryland Law Review

No abstract provided.

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Confidentiality Between Physician And Patient, Rignal W. Baldwin Jan 1962

Confidentiality Between Physician And Patient, Rignal W. Baldwin

Maryland Law Review

No abstract provided.

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Consent To Surgery, Gerald M. Smith, R. Joseph Olinger Jan 1962

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 …

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Informed Consent To Medical Treatment, Milton Oppenheim Jan 1962

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.

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Autopsy Evidence, Garcon Weiss Jan 1962

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.

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Book Review, Rudolf H. Heimanson Jan 1962

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

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Electroencephalography (Eeg) In Head Injuries, Andre A. Weil Jan 1962

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.

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Medico-Legal Aspects Of The Electroencephalogram, Walter P. Mahle Jan 1962

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, …

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Damages For Potential Residuals Of Brain Injuries, Jerry B. Kraig, Henry A. Hentemann Jan 1962

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.

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X-Ray Malpractice, Lucien B. Karlovec Jan 1962

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.

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Ownership Of X-Rays, Ronald J. Harpst Jan 1962

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.

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New Mediocolegal Standards Of Skill And Care, Howard L. Oleck Jan 1962

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.

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Physiology Of The Brain And Related Trauma, Edward W. Shannon Jan 1962

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.

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Amnesia After Brain Injury, Ewing H. Crawfis Jan 1962

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.

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Psychological Assessment Of Brain Damage, Bill J. Barkley Jan 1962

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 …

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Book Reviews, Henry J. Friendly, Robert B. Mckay, Allan H. Mccoid, Spencer I. Kimball, Wylie H. Davis Dec 1961

Book Reviews, Henry J. Friendly, Robert B. Mckay, Allan H. Mccoid, Spencer I. Kimball, Wylie H. Davis

Journal of Legal Education

No abstract provided.

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Torts--Statutes Of Limitations--Malpractice Actions Involving Objects Left In Surgical Patients, Aaron David Trub Dec 1961

Torts--Statutes Of Limitations--Malpractice Actions Involving Objects Left In Surgical Patients, Aaron David Trub

West Virginia Law Review

No abstract provided.

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