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Articles 2821 - 2850 of 2912

Full-Text Articles in Medical Jurisprudence

Guttmacher & Weihofen: Psychiatry And The Law., Morris Ploscowe Dec 1953

Guttmacher & Weihofen: Psychiatry And The Law., Morris Ploscowe

Michigan Law Review

A Review of Psychiatry and the Law. By Manfred. S. Guttmacher and Henry Weihofen.

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Medico-Legal Aspects Of The Nervous System As A Functioning Unit Of The Body, F. Keith Bradford, Hubert W. Smith Jun 1953

Medico-Legal Aspects Of The Nervous System As A Functioning Unit Of The Body, F. Keith Bradford, Hubert W. Smith

Vanderbilt Law Review

We have had the pleasure of working together in recent years on Law-Science problems. During that time we have become increasingly convinced that it is necessary for trial lawyer and scientist alike to think of the human being in terms of the nine main organ systems,'reserving a tenth category for the field of personality as the latter represents a synthesis of component structures and functions into variable reaction and behavior patterns. An injury or disability may involve impairment or destruction of an an atomic member or of physiological function; it may involve effects on personality, or psychic values, alone, without …

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Medico-Legal Considerations Of Trauma And Other External Influences In Relationship To Cancer, William O. Russell, R. Lee Clark Jr. Jun 1953

Medico-Legal Considerations Of Trauma And Other External Influences In Relationship To Cancer, William O. Russell, R. Lee Clark Jr.

Vanderbilt Law Review

Cancer is the term used by physicians and laymen to describe a common malignant disease of man and animal. It occurs in nearly as many different forms as there are types of tissue in the body. Each cancer type usually has its own biological behavior which may vary remarkably in different persons. In the United States, cancer is the second leading cause of death.' At the present time, more money is being spent for research, diagnosis and treatment of cancer than for any other single disease. There are sixteen medical journals publishing articles related solely to neoplastic disease and five …

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The Standard Of Care Of The Drugless Healer, John F. Hansler Feb 1952

The Standard Of Care Of The Drugless Healer, John F. Hansler

Washington Law Review

The practitioner of the healing arts who ministers to the sick and afflicted without the use of drugs and surgery has long posed a difficult regulatory problem to legislatures and to the courts. Though battered by the invective of regular medica practitioners, drugless healers continue to thrive in one form or another in most of the United States. The most common classes of these healers are the osteopaths, the chiropractors, the naturopaths, and the Christian Science practitioners. Osteopathy is licensed by statute in all of the states; it is the branch of drugless healing most like general medicine and surgery …

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Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons Mar 1951

Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons

Michigan Law Review

Defendant, a drugless healer licensed under statute as a sanipractor, undertook to treat plaintiff for what both parties realized was diabetes. Defendant followed standard sanipractic procedure, prescribing diets and baths. The treatment was unsuccessful, and plaintiff's health deteriorated greatly. Apparently on the theory that a sanipractor incurs no liability if he follows the accepted methods of his school, the trial court, notwithstanding jury's verdict for plaintiff, rendered judgment for defendant. On appeal, held, reversed and remanded, with directions to enter judgment on the verdict Where a drugless healer knows or should know that his method of treatment is not …

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Negligence-Liability Of Hospital For Suicide Of Patient, Richard Darger Mar 1951

Negligence-Liability Of Hospital For Suicide Of Patient, Richard Darger

Michigan Law Review

Decedent, a patient in the advanced stages of labor awaiting transfer from the labor room to the delivery room of defendant hospital, opened a window, unhooked the screen and jumped or fell to her death below. It was assumed by the court that death was caused by intrapartum psychosis, a condition which plaintiff claimed was recognized by the medical profession as a hazard of childbirth. Decedent had exhibited no unusual symptoms and had previously been through two normal pregnancies. The jury was allowed to find defendant negligent in not providing for constant attendance and in failing to bar the window …

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Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed. Dec 1950

Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed.

Michigan Law Review

A brought an action against B for injuries suffered in an automobile accident and aggravation of those injuries by the negligent treatment of a physician, D. B filed a third-party complaint against D for malpractice contending that D was liable over to him for all or a part of the judgment recovered by A. D's motion to dismiss the third-party complaint for want of a sufficient cause of action was denied. On appeal, held, affirmed. A tort-feasor who has been held liable for injuries is subrogated to any right of action which the injured party may …

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Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs Jun 1950

Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs

Michigan Law Review

Defendant, a physician, was accused of the murder of his cancer-ridden patient by the injection of 40 c.c. of air into a vein of the patient's arm shortly before her death. The defendant had noted on the patient's medical chart the fact of the injection and that of her death, apparently a few minutes later. He subsequently dictated the same facts to his nurse, and later made similar admissions to local enforcement authorities and others making such statements on the day of his arrest and immediately thereafter. At the trial, a pathologist, called as an expert witness on behalf of …

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Torts-Liability Of Charitable Hospital For Injuries To Patient Caused By Negligence Of Nurse And Intern. [New York] Mar 1947

Torts-Liability Of Charitable Hospital For Injuries To Patient Caused By Negligence Of Nurse And Intern. [New York]

Washington and Lee Law Review

No abstract provided.

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Modern Trends In Workmen's Compensation (A Nation-Wide Review Of Basic Principles), Samuel B. Horovitz Jul 1946

Modern Trends In Workmen's Compensation (A Nation-Wide Review Of Basic Principles), Samuel B. Horovitz

Indiana Law Journal

National Symposium on "Scientific Proof and Relations of Law and Medicine," Second Series.

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Silicosis, The Most Important Of Pneumonioses, Norbert Enzer Jul 1946

Silicosis, The Most Important Of Pneumonioses, Norbert Enzer

Indiana Law Journal

National Symposium on "Scientific Proof and Relations of Law and Medicine," Second Series.

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Trauma In Relation To Conditions Of Lung And Thorax, Mark D. Altschule Jul 1946

Trauma In Relation To Conditions Of Lung And Thorax, Mark D. Altschule

Indiana Law Journal

National Symposium on "Scientific Proof and Relations of Law and Medicine," Second Series.

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Proof And Disproof Of Causal Connection Between Disease And Airborne Irritants: Investigation Of Industrial Plants And Standard Preventive Controls, Leslie Silverman Jul 1946

Proof And Disproof Of Causal Connection Between Disease And Airborne Irritants: Investigation Of Industrial Plants And Standard Preventive Controls, Leslie Silverman

Indiana Law Journal

National Symposium on "Scientific Proof and Relations of Law and Medicine," Second Series.

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Problems Of Proof In Claims For Recovery For Dermatitis, Louis Schwartz Apr 1943

Problems Of Proof In Claims For Recovery For Dermatitis, Louis Schwartz

Michigan Law Review

This article will consider, first, occupational dermatitis, and, second, dermatitis from wearing apparel and cosmetics.

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Scientific Proof And Relations Of Law And Medicine, John E. Tracy Apr 1943

Scientific Proof And Relations Of Law And Medicine, John E. Tracy

Michigan Law Review

Ever since lawyers first began the practice of employing expert witnesses in cases where there were questions of fact to be determined, involving the existence and extent and the causes of bodily ailments, these experts-physicians, surgeons, anatomists, chemists, pathologists, and roentgenologists-have been generous in their proffering of advice to the practicing attorney as to the matters to which his preparation for trial should be directed, the proper theories to be adopted by him as to recovery or damages and his methods of examining and cross-examining witnesses of this character. The shelves of any large law library will be found to …

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Medical Facts That Can And Cannot Be Proved By X-Ray: Historical Review And Present Possibilities, Samuel W. Donaldson Apr 1943

Medical Facts That Can And Cannot Be Proved By X-Ray: Historical Review And Present Possibilities, Samuel W. Donaldson

Michigan Law Review

As the science of the practice of medicine has progressed, new discoveries have brought out newer methods of diagnosis and treatment. With the discovery of x-rays by Professor Wilhelm Roentgen in 1895, an entirely new field was opened. The growth of this new field of medical radiology has been unusually rapid and of great importance. Radiology embraces the use of x-rays, radium, and other radioactive substances. Roentgenology is a division of radiology in that it is limited to the use of the Roentgen rays or x-rays, and medical roentgenology may be termed as the use of x-rays for the diagnosis …

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Medical And Social Factors In Crime, A. Warren Stearns Apr 1943

Medical And Social Factors In Crime, A. Warren Stearns

Indiana Law Journal

No abstract provided.

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Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy May 1942

Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy

Michigan Law Review

As a defense to a suit on an insurance policy, the defendant insurer claimed that the plaintiff was intoxicated at the time of the fatal accident. Defendant offered in evidence a portion of the case record of the hospital to which plaintiff was taken after the accident, the record stating that he was "apparently well under influence of alcohol." Although it was duly authenticated under the federal statute permitting business entries to be used as evidence, this evidence was excluded by the trial court as being an observation rather than a diagnosis. Held, reversed. There was no basis for …

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Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman May 1941

Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman

Michigan Law Review

Pursuant to section 43 of the city charter, the City Council of New York appointed a special committee to investigate charges of negligence and maladministration in the treatment of patients at Lincoln Hospital. Subpoenas duces tecum were served upon the commissioner of hospitals and upon the medical superintendent of Lincoln Hospital requiring the production of hospital records, including case records relating to certain named patients. The commissioner refused to produce any of the case cards or records, justifying his position on the ground that the physician-patient privilege was applicable to legislative investigations. The New York Civil Practice Act, section 354, …

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Injunctions Power Of Equity To Enjoin Criminal Act - Illegal Practice Of Medicine As A Public Nuisance, Michigan Law Review Apr 1941

Injunctions Power Of Equity To Enjoin Criminal Act - Illegal Practice Of Medicine As A Public Nuisance, Michigan Law Review

Michigan Law Review

The state, on the relation of a district attorney, sued to enjoin the defendant from practicing medicine in violation of a state statute. The statute termed the offense a misdemeanor and provided for imprisonment and a fine. The state alleged that the defendant's activities constituted a public nuisance because he was unskillful and thus endangered the health and lives of the public. Defendant demurred on the grounds that such conduct did not constitute a public nuisance and that the penal provisions of the statute afforded an adequate remedy. Held, injunction granted on the ground that the defendant's practice of …

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Torts-Right Of Child To Recover From Doctor For Injuries Received Before Birth As Result Of Negligent Treatment Of The Mother [Stemmer V. Kline, N. J. 1940] Mar 1941

Torts-Right Of Child To Recover From Doctor For Injuries Received Before Birth As Result Of Negligent Treatment Of The Mother [Stemmer V. Kline, N. J. 1940]

Washington and Lee Law Review

No abstract provided.

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Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review Jun 1940

Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review

Michigan Law Review

Proceedings were brought against appellant under a Minnesota statute providing for commitment of psychopathic persons who showed habitual sexual misconduct. Appellant appealed to the state supreme court for a writ of prohibition, claiming denial of due process. Appellant's contentions were overruled and he appealed to the United States Supreme Court. Held, the statute did not deny due process. Minnesota ex rel. Pearson v. Probate Court, (U.S. 1940) 60 S. Ct. 523.

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Public Policies Underlying The Law Of Mental Incompetency, Milton D. Green Jun 1940

Public Policies Underlying The Law Of Mental Incompetency, Milton D. Green

Michigan Law Review

Mental incompetency, or legal insanity, has usually been studied in the patchquilt fashion. It appears as a sub-heading of incidental interest in such widely diversified subjects as crimes, contracts, domestic relations, torts and wills. It can, however, be conceived of as a single strand in the seamless web. So viewed, it may appear to wind in and out of the various artificial subdivisions of the law, cutting across each at one particular place or another. And so conceived, it can be studied according to the second and less orthodox method of analysis. Few are the isolated areas in the law …

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Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer May 1940

Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer

Michigan Law Review

Plaintiff insured had suffered from diabetes since 1932. Defendant insurance company paid disability benefits till 1937 and thereafter refused to make further payments on the ground that plaintiff had refused to avail himself of the insulin and dietary treatment advised by his physician. Such treatment is neither dangerous, painful, nor detrimental to the patient. From an order sustaining plaintiff's demurrer to defendant's answer, defendant appealed. Held, plaintiff's demurrer sustained. The policies as written define the rights and duties of the contracting parties and should be construed as written. The court will not read into policies by operation of law …

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Physicians And Surgeons - Malpractice - Removal Of Swabs By Surgeon - Res Ipsa Loquitur, Michigan Law Review Feb 1940

Physicians And Surgeons - Malpractice - Removal Of Swabs By Surgeon - Res Ipsa Loquitur, Michigan Law Review

Michigan Law Review

Defendant surgeon failed to remove a swab from deceased's body after a major abdominal operation, relying in part on the accuracy of the count made by the head theatre nurse, employed by the hospital in which the operation occurred. In a suit by the mother of deceased against defendant for his alleged negligence, held, the doctrine of res ipsa loquitur applies, necessitating an explanation by defendant, but it is for the jury to decide on the evidence in the entire case whether defendant's conduct constituted a breach of his duty to use due care in performing the operation. Mahon …

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Banks And Banking - Liability Of Bank Upon Payment Of The Check Of An Insane Depositor Without Notice Of The Insanity, William L. Howland Feb 1940

Banks And Banking - Liability Of Bank Upon Payment Of The Check Of An Insane Depositor Without Notice Of The Insanity, William L. Howland

Michigan Law Review

The plaintiff, as trustee for a depositor, sought in this action to charge the defendant bank with the amount of a check drawn by the depositor while insane. On the ground that the depositor was an inmate of the state hospital for the insane, the plaintiff had been appointed his trustee. Subsequent to this appointment, the depositor drew the check in question, and the defendant paid the amount of the check to the payee. Held, in the absence of actual or constructive knowledge of the insanity, a payment by a bank of the check of an insane depositor is …

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Habeas Corpus - Insane Persons - Torts - Civil Action For Obstruction Of Right To Test Legality Of Imprisonment, John P. Cofrin Nov 1939

Habeas Corpus - Insane Persons - Torts - Civil Action For Obstruction Of Right To Test Legality Of Imprisonment, John P. Cofrin

Michigan Law Review

Claimant had been adjudged insane and committed to a state hospital by order of the court. On March 6, 1936, he signed a petition for a writ of habeas corpus, placed it in an envelope addressed to his attorney and left it with an employee of the hospital to be mailed. In the past claimant had written many letters asking for assistance to men in public life, who in turn annoyed claimant's wife. The superintendent of the hospital, therefore, complying with the request of claimant's wife that all his letters be sent to her, mailed her the letter containing the …

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Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review Apr 1939

Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review

Michigan Law Review

Plaintiff purchased from the defendant a prescription calling for an ingredient free from mercury, to which plaintiff was allergic. Defendant intentionally, for want of the other ingredient, substituted a commercial compound containing mercury without notifying the purchaser. Subsequent applications caused inflammation, and plaintiff's doctor inquired as to whether mercury was an ingredient of the prescription. Defendant, knowing otherwise, replied in the negative. Further applications in reliance upon the statement caused more serious injury. The jury found the defendant negligent in filling the prescription, but a verdict was returned for the defendant on the ground that the injury was not foreseeable; …

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Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud Mar 1939

Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud

Michigan Law Review

At one time, under the Roman civil law, neither a physician nor an advocate could recover in an ordinary action at law for services rendered. The philosophical interpretation put upon such services was that, each case being sui generis both as to the value of the service to the patient and as to the skill and attainment required of the physician, a fixed and invariable salary could not be predicated upon this basis and therefore the compensation must depend upon the case. This compensation was not a matter of right but a gratuity or honorarium, as it was called, paid …

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Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher Dec 1938

Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher

Michigan Law Review

A Massachusetts statute made the selling of any drug, medicine or instrument for the prevention of conception a criminal offense. The defendants, a doctor, a nurse, and two social workers, all connected with a charitable association, prescribed and sold contraceptives to non-pregnant, married women. Defendants' offer of proof, admitting the facts charged, but contending that the statute did not apply where the sale was made under a physician's prescription for the preservation of life or health, was found by the trial court to constitute no defense. Held, that the wording was plain and unequivocal allowing for no implied exception. …

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