Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Medicine And Human Rights: Emerging Substantive Standards And Procedural Protections For Medical Decision-Making Within The American Family, Charles Baron Aug 2013

Medicine And Human Rights: Emerging Substantive Standards And Procedural Protections For Medical Decision-Making Within The American Family, Charles Baron

Charles H. Baron

Also appears in The Resolution of Family Conflict: Comparative Legal Perspectives, edited by John M. Eekelaar and Sanford N. Katz, 575-610. Toronto: Butterworths, 1984.


Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles H. Baron Aug 2013

Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles H. Baron

Charles H. Baron

The litigation to protect Jehovah’s Witnesses from unwanted blood transfusions, which their theology considers a violation of the biblical prohibition against drinking blood, has produced important changes in both the right to refuse treatment and in the preferred treatment methods of all patients. This article traces the evolution of the rights of competent medical patients in the United States to refuse medical treatment. It also discusses the impact this litigation has had on the medical community’s realization that blood transfusions were neither as safe nor as medically necessary as medical culture posited.


Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles H. Baron Aug 2013

Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles H. Baron

Charles H. Baron

While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.


Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles H. Baron, Margot Botsford, Garrick F. Cole Aug 2013

Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles H. Baron, Margot Botsford, Garrick F. Cole

Charles H. Baron

This article examines the system of providing court approval for organ and tissue transplants from minor donors as it operates in Massachusetts. It focuses principally on the substantive interests of prospective donors and on the extent to which the current procedures afford them adequate protection. It begins by examining the requirement of consent and demonstrates the necessity of judicial authorization of minor donors' participation in transplant procedures. Next, it analyzes the current Massachusetts practice and assess its capacity to afford minor donors adequate protection from the possible dangers of serving as an organ or tissue donor. It suggests that the …


Pleading For Physician-Assisted Suicide In The Courts, Charles H. Baron Feb 2012

Pleading For Physician-Assisted Suicide In The Courts, Charles H. Baron

Charles H. Baron

No abstract provided.


Medicine And Human Rights: Emerging Substantive Standards And Procedural Protections For Medical Decision-Making Within The American Family, Charles H. Baron Dec 1982

Medicine And Human Rights: Emerging Substantive Standards And Procedural Protections For Medical Decision-Making Within The American Family, Charles H. Baron

Charles H. Baron

Also appears in The Resolution of Family Conflict: Comparative Legal Perspectives, edited by John M. Eekelaar and Sanford N. Katz, 575-610. Toronto: Butterworths, 1984.