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Last week a Chicago judge reluctantly used the old Holmes decision, only precedent in U. S. jurisprudence on this phase of the legal status of fetuses, to deny $100,000 damages to a Mrs. Theresa Joller Smith, who had sued Dr. Albert E. Luckhardt and Radiologist Isador Simon Trostler. Thirteen years ago, she claimed, Dr. Luckhardt diagnosed a lump in her abdomen as a tumor and the radiologist treated her with X-rays. The "tumor" turned out to be a baby whose head the X-rays had caused to harden unduly soon. Result was an imbecile who lived until last...

Author: /time Magazine | Title: Medicine: Fetal Rights | 2/7/1938 | See Source »

...when a disgruntled or scheming patient may sue him for malpractice. Although a doctor may be legally exonerated, his reputation inevitably suffers from the publicity. And the volume of such litigation, to the medical profession's .alarm, constantly increases. In Clinical Medicine & Surgery last week Dr. Isador Simon Trostler, Chicago roentgenologist, trotted out a few fundamental rules which, if scrupulously observed by doctors, he thought, might stem the tide of malpractice suits. Gist of his advice: ¶Never under any circumstances promise a cure or use language which might be construed as such a promise...

Author: /time Magazine | Title: Medicine: Malpractice Protection | 11/18/1935 | See Source »

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