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Articles 2701 - 2730 of 2912

Full-Text Articles in Medical Jurisprudence

Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D. May 1961

Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D.

Michigan Law Review

Mental unsoundness in a person accused of a crime raises two distinct legal questions. One is the question of the individual's responsibility for his behavior and the other is the question of the individual's competency to enter into the legal procedures of trial or punishment. In recent years considerable attention has been given to matters of responsibility, but relatively little attention has been paid to the problem of incompetency and especially to the consequences of incompetency proceedings. In order to analyze and evaluate the operations of the Michigan law in the area of incompetency to stand trial, two psychiatrists joined …

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Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D. May 1961

Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.

Michigan Law Review

Defendants in the criminal process are divided into rigidly exclusive categories of mental health. The competent to stand trial are first separated from the incompetent. Then the competent are divided on the basis of their mental state at the time of their acts between the "sane" and the "insane." As long as these rigid categories are administered in an adversary trial system, some misdirection of victims of serious mental illness into the penal system is almost inevitable. Even where mental illness might otherwise prevent conviction, those accused of non-capital felonies are not likely to raise the question, and few courts …

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Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen May 1961

Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen

Michigan Law Review

A Review of Confidentiality and Privileged Communication in the Practice of Psychiatry. Group for the Advancement of Psychiatry.

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Havard: The Detection Of Secret Homicide, B. J. George Jr. May 1961

Havard: The Detection Of Secret Homicide, B. J. George Jr.

Michigan Law Review

A Review of The Detection of Secret Homicide. By J. D. J. Havard.

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Anesthetic Malpractice In Canada, John H. Harland Jan 1961

Anesthetic Malpractice In Canada, John H. Harland

Cleveland State Law Review

Making allowance for the tenfold difference in population between Canada and the United States, it is evident that litigation arising from anesthetic malpractice is very much less common in the former country. We have attempted to give some of the reasons for this discrepancy.

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Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris Jan 1961

Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris

Cleveland State Law Review

It is now almost five years since our Supreme Court announced its decision in the Avellone case. During these five years, the two problems created by the Avellone decision have ,like "Mother Carrie's chickens" "come home to roost." Our Supreme Court has resolved each in turn, one in favor of charitable immunity for all charitable institutions except those that have the misfortune to run hospitals, the other further against hospitals for all acts of all servants.

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Book Review, Howard L. Oleck Jan 1961

Book Review, Howard L. Oleck

Cleveland State Law Review

Reviewing Carl E. Wasmuth, Anesthesia and the Law, C.C. Thomas, 1961

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Book Review, Irwin N. Perr Jan 1961

Book Review, Irwin N. Perr

Cleveland State Law Review

Reviewing Ben Bernstein, Whiplash - Its Medical-Legal Aspects, Legal Medicine Institute, 1958

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Malpractice In The United Kingdom, R. Bryce-Smith Jan 1961

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 …

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Book Review, Milton Oppenheim Jan 1961

Book Review, Milton Oppenheim

Cleveland State Law Review

Reviewing David W. Louisell and Harold Williams, Trial of Medical Malpractice Cases, Matthew Bender & Co., Inc., 1960

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Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland Jan 1961

Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland

Cleveland State Law Review

We do not intend here to advocate or condemn application of the doctrine of res ipsa loquitur in malpractice cases, but simply to indicate the cases where it was or was not applied, relying where possible on direct quotation from the judgments.

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Malpractice Used As A Hospital Defense, Carl H. Miller Jan 1961

Malpractice Used As A Hospital Defense, Carl H. Miller

Cleveland State Law Review

Hospital immunity in negligence and other torts of agents and employees is disappearing steadily. The course of decisions in many states has been consistently in the direction of elimination of "charitable" immunity of hospitals. Seeking another line of defense, hospital administrators have re-examined the parties generally involved in a medical negligence action-patient, physician and hospital. Hospital administrators realized quickly that in order to remain free from general negligence liability, the main onus of tort responsibility would have to be shifted to the physician (or even the nurse) whenever and wherever possible.

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Blood Transfusion Liability, James A. Thomas Jan 1961

Blood Transfusion Liability, James A. Thomas

Cleveland State Law Review

This paper is concerned with the causes of action available to the recipients of blood transfusions causing injury or death. Its scope is limited to cases where injury or death is caused by the blood itself, as where a transfusion is given with blood which is of the wrong type, or which is infected, or which is given to the wrong person.

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Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep Dec 1960

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …

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Tax And Other Legal Aspects Of The Corporate Practice Of Medicine, Jerry B. Martin Jun 1960

Tax And Other Legal Aspects Of The Corporate Practice Of Medicine, Jerry B. Martin

Vanderbilt Law Review

With the coming of regulations allowing doctors the tax advantages of corporate employees, the doctors will probably be more solidly behind the positions of the AMA in favor of the prohibition against the corporate practice of medicine. For example, at least one state group, the Tennessee State Medical Association, has recently adopted a resolution against practicing medicine in the corporate form, and there have been no recent reports of state associations taking the opposite position. The American Hospital Association which seems to lead the opposition to the corporate practice rule does not attack the rule as being intrinsically bad but …

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Torts - Obstruction Of A Civil Action - Coercion By A Medical Association To Preclude Availability Of Expert Testimony In A Medical Malpractice Action, William Y. Webb Mar 1960

Torts - Obstruction Of A Civil Action - Coercion By A Medical Association To Preclude Availability Of Expert Testimony In A Medical Malpractice Action, William Y. Webb

Michigan Law Review

Plaintiff approached nine physicians in an attempt to secure an expert witness for a medical malpractice action. All nine refused, allegedly as a result of threats by the county medical association to expel them and cause a cancellation of their malpractice liability insurance if they testified. The association's actions stemmed from a finding by its "malpractice committee" that the malpractice defendant had not been negligent. Plaintiff then brought this action against the association to recover compensatory and punitive damages for obstruction of a civil action. On appeal from an order granting a motion for nonsuit, held, affirmed. No cause …

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Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger Mar 1960

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.

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The Effect Of The Interrogatory Form On The Sufficiency Of The Answer - Britt V. Snyder, Herbert J. Belgrad Jan 1960

The Effect Of The Interrogatory Form On The Sufficiency Of The Answer - Britt V. Snyder, Herbert J. Belgrad

Maryland Law Review

No abstract provided.

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Standards Of Care In Dentistry, Jerome A. Streem Jan 1960

Standards Of Care In Dentistry, Jerome A. Streem

Cleveland State Law Review

This article will discuss briefly each of the three sources of liability for which a dentist might commonly be subject to a malpractice suit: negligence, assault and battery, and breach of contract.

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Discovery Of Medical Records, Margaret Mazza Jan 1960

Discovery Of Medical Records, Margaret Mazza

Cleveland State Law Review

Medical evidence is employed by plaintiffs chiefly to prove the causation and extent of personal injury damages, while defendants try to prove the slightness or lack of causal connection in such claims. Many types of medical reports are kept which may be used to substantiate the allegations of either party in personal injury actions. Of primary importance are the reports of physicians and hospitals, and reports upon the voluntary or compulsory examination of the plaintiff.

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Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr. Jan 1960

Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.

Cleveland State Law Review

In the September 1959 issue of the Cleveland-Marshall Law Reivew, Mr. Howard Oleck, Assistant Dean and Professor of Law of the School, has written an article discussing the legal relationships of physician, lawyer, and hospital administrator. While he addresses himself primarily to the legal relationships between these three groups, his article also concerns itself to some extent with the professional and administrative relationships involved. The article then goes on to discuss the case of Morwin v. Albany Hospital, and certain conclusions are drawn from the author's interpretation of this case which he applies to the "triangle" of doctor, lawyer, and …

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Hospital Refusal To Release Mental Patient, Thomas S. Szasz Jan 1960

Hospital Refusal To Release Mental Patient, Thomas S. Szasz

Cleveland State Law Review

This paper was intended as a contribution to the study of psychiatry, and especially institutional psychiatry, as a form of social control. More specifically, I have sought to present further evidence in support of the thesis that the relationship between the involuntarily hospitalized mental patient and his psychiatrist (s) is commonly antagonistic rather than cooperative in nature. The conception of a "mental illness," as essentially similar to a bodily disease, serves to obscure the many exceedingly significant socio-economic, legal and ethical aspects of forced mental hospitalization.The patient's lawsuit for release, and the psychiatric superintendent's appeal that he be permitted to …

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Standard Of Care Of Medical General Practitioners, Milton Oppenheim Jan 1960

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 …

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Anesthesiology And The Law - In The Long View, Carl E. Wasmuth Jan 1960

Anesthesiology And The Law - In The Long View, Carl E. Wasmuth

Cleveland State Law Review

Anesthesiology is the youngest of the medical specialties. Born of surgical parents, it was nurtured through its infancy by well-meaning and dedicated physicians. Even now this specialty is one of the most litigated fields of medicine, rivaling radiology, surgery, and plastic surgery. This, however, is at best a dubious distinction. Considering the nature of the specialty, one can easily understand the reason. In the hands of the anesthesiologist rests the life of every patient undergoing a surgical operation.

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Lawyer Meets Forensic Pathologist, George E. Hall Jan 1960

Lawyer Meets Forensic Pathologist, George E. Hall

Cleveland State Law Review

Forensic medicine is that part of medical science which is employed by the legal authorities for the solution of legal problems. Theoretically all branches of medicine may be included in this definition, for the law has used them all when need has arisen, and any doctor who testifies in court in his professional capacity can be considered a practitioner of legal medicine. The forensic pathologist is a trained pathologist who concentrates his efforts on the investigation of deaths which have occurred as result of violence or under suspicious circumstances.

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Book Review, Raymond L. Shilling Jan 1960

Book Review, Raymond L. Shilling

Cleveland State Law Review

Reviewing Fred A. Mettler, The Medical Sourcebook, Little, Brown and Company, 1959

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Book Review, Carl E. Wasmuth Jan 1960

Book Review, Carl E. Wasmuth

Cleveland State Law Review

Reviewing Paul David Cantor, Traumatic Medicine and Surgery for the Attorney; Vol. I - The Traumatic Problem, Central Book Co., 1959

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An Appraisal Of Competency, Henry Davidson Jan 1960

An Appraisal Of Competency, Henry Davidson

Cleveland State Law Review

Competence is the ability to handle business affairs with ordinary prudence. It is a legal not a medical formula, and in a sense, it must be defined negatively. Every one is assumed to be competent. If you think some one is incompetent, you must prove it. He does not have to prove that he is competent. Therefore, the formula is a criterion of incompetency not competency. To declare a person incompetent, these findings must coexist: 1. He has a mental disorder. 2. This causes bad judgment. 3. Because of the bad judgment, the patient either: (a) Squanders his money or …

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A Partial Solution To Legitimacy Problems Arising From The Use Of Artificial Insemination, Andrew D. Weinberger Jan 1960

A Partial Solution To Legitimacy Problems Arising From The Use Of Artificial Insemination, Andrew D. Weinberger

Indiana Law Journal

No abstract provided.

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Hospital Privileges Revisited, Irwin N. Perr Jan 1960

Hospital Privileges Revisited, Irwin N. Perr

Cleveland State Law Review

It is the opinion of this writer that the laws relating to hospital privileges basically are sound and in the public interest.There is no clear reason to overthrow the accumulated wisdom of the last hundred years. American hospitals have become the best in the world because of the freedom with which they have been allowed to function. This does not militate against the constant march for improvement. As can be seen, there are cases where individuals are handicapped in their use of hospitals.These situations reflect social problems, not defects in existing laws which, like our Constitutional rights, sometimes are somewhat …

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