Law Commons^™

Regulation Of Electroconvulsive Therapy, Michigan Law Review

Michigan Law Review

Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the unique circumstances of those patients who are likely to receive it create particularly difficult legal issues concerning the validity of the patient's consent. This Note will examine the various methods that are available to protect the rights of patients for whom ECT is proposed. After briefly explaining the nature of the therapy, the Note will discuss the efficacy of judicial remedies with respect to both competent and incompetent patients. It will argue that, because …

Consent To Elective Surgery Valid Even If Doctor Didn't Warn Of Known Risks, Richard L. Hodge

Mercer Law Review

In Young v. Yarn, the Georgia Court of Appeals interpreted the Georgia Medical Consent Law as not requiring a physician to warn a patient of the known risks of elective surgery for the patient's consent to be valid. The court thus decided that the doctrine of informed consent does not exist in Georgia as between patient and physician.

The plaintiff, Mrs. Maxine Young, engaged the defendant, Dr. Charles P. Yarn, a specialist in plastic and reconstructive surgery, to perform a meloplasty (facelift). While the defendant did render a general explanation of the procedures involved, he did not advise her …

Judicial Review Of Private Hospital Activities, Michigan Law Review

Michigan Law Review

This Note will examine the judicial review of hospitals under state law and the fourteenth amendment and will suggest that unless certain clear requirements for "publicness" are met, judicial restraint based on the failure of legislative institutions to mandate judicial interference is the better course.

The Toxic Substances Information Act

William & Mary Environmental Law and Policy Review

No abstract provided.

Psychiatry, The Inmate And The Law, A. W. Cragg

Dalhousie Law Journal

In August of 1971, the Solicitor General of Canada appointed a committee of psychiatrists to advise him on the treatment of mentally ill inmates. The committee completed its work and reported in May 1972. The report, entitled The General Program for the Development of Psychiatric Services in Federal Correctional Services in Canada1 developed in the space of sixty pages, including appendices, a general program for expanding psychiatric services and facilities in the field of corrections in Canada. In his forward to the Report, the Solicitor General, Warren Allmand, announces that he is "profoundly impressed by the recommendations made by this …

Psychiatry, The Inmate And The Law, A. W. Cragg

Dalhousie Law Journal

In August of 1971, the Solicitor General of Canada appointed a committee of psychiatrists to advise him on the treatment of mentally ill inmates. The committee completed its work and reported in May 1972. The report, entitled The General Program for the Development of Psychiatric Services in Federal Correctional Services in Canada1 developed in the space of sixty pages, including appendices, a general program for expanding psychiatric services and facilities in the field of corrections in Canada. In his forward to the Report, the Solicitor General, Warren Allmand, announces that he is "profoundly impressed by the recommendations made by this …

Health Maintenance Organizations And Federal Law: Toward A Theory Of Limited Reformmongering, Philip C. Kissam, Ronald M. Johnson

Vanderbilt Law Review

The purpose of this Article is twofold. First, we develop a theory for HMO legislation based on an assessment of past experience with HMOs, current problems with the delivery of health services, and different legislative theories that have been advanced by others. Secondly, we use this theory to help evaluate some major issues faced by legislators and administrators in regulating HMOs and to suggest a number of improvements. A recurring theme throughout this analysis is that policymakers have not considered fully all of the economic and political ramifications of the HMO phenomenon. This has helped produce theoretical conflict about HMO …

Psychiatry, The Inmate And The Law, A. W. Cragg

Dalhousie Law Journal

In August of 1971, the Solicitor General of Canada appointed a committee of psychiatrists to advise him on the treatment of mentally ill inmates. The committee completed its work and reported in May 1972. The report, entitled The General Program for the Development of Psychiatric Services in Federal Correctional Services in Canada1 developed in the space of sixty pages, including appendices, a general program for expanding psychiatric services and facilities in the field of corrections in Canada. In his forward to the Report, the Solicitor General, Warren Allmand, announces that he is "profoundly impressed by the recommendations made by this …

Informed Consent: A New Standard For Texas., Gail Dalrymple

St. Mary's Law Journal

Abstract Forthcoming.

Regulation Of Nursing Homes - Adequate Protection For The Nation's Elderly., Roberta Gail Weatherby

St. Mary's Law Journal

Abstract Forthcoming.

Release Of Medical Records By Hospitals In North Carolina, Robert A. Brady

North Carolina Central Law Review

No abstract provided.

A Quick And Current Look At The Kepone Tragedy

William & Mary Environmental Law and Policy Review

No abstract provided.

The Civilly-Committed Public Mental Patient And The Right To Aftercare, Richard B. Saphire

Florida State University Law Review

No abstract provided.

Michigan's Revised Mental Health Code, William David Serwer

University of Michigan Journal of Law Reform

This note will evaluate the three chapters of the Michigan Code which present the most significant legislative attempts to safeguard the rights of the mentally ill. Chapter Four of the Code extends several traditional due process guarantees to the civil commitment process. By guaranteeing the right to adequate notice, the right to be present at the hearing, the right to be represented by counsel, and the right to notice of trial by jury, the Code offers better protection from unwarranted commitment. However, due to the difficulty of defining mental illness and accurately identifying those in need of treatment, the possibility …

New York's Revised Nursing Home Legislation, Michael G. Mcgee

University of Michigan Journal of Law Reform

This note undertakes an analysis of the extensive package of nursing home legislation recently enacted in New York. First, specific regulations will be examined in relation to problems they are designed to remedy. Next, the note critically appraises three key, innovative provisions, making recommendations for implementation or revision of each. Finally, the broad changes needed to bring about lasting improvement of nursing care are discussed and a summary of pending legislation is provided.

Dissenting Remarks West German Abortion Decision: A Contrast To Roe V. Wade, 9 J. Marshall J. Prac. & Proc. 595 (1976), Robert E. Jonas

UIC Law Review

No abstract provided.

West German Abortion Decision: A Contrast To Roe V. Wade: Preface, 9 J. Marshall J. Prac. & Proc. 551 (1976), John D. Gorby, Robert E. Jonas

UIC Law Review

No abstract provided.

Introduction To The Translation Of The Abortion Decision Of The Federal Constitution Court Of The Federal Republic Of Germany West German Abortion Decision: A Contrast To Roe V. Wade: Introduction, 9 J. Marshall J. Prac. & Proc. 557 (1976), John D. Gorby

UIC Law Review

No abstract provided.

Virginia's New Medical Malpractice Review Panel And Some Questions It Raises, Thomas J. Harlan Jr.

University of Richmond Law Review

Historically, attorneys would claim that in potential medical malpractice cases, it was difficult, if not impossible, to proceed against a defendant doctor. The so-called "conspiracy of silence" existed, causing the refusal of other doctors to serve as expert medical witnesses to prove that the defendant fell below the standard of reasonable care. This has not been true in Virginia for some time. In 1962, by a joint effort of the Virginia State Bar and the Medical Society of Virginia, a "Joint Screening Panel" was established. Its two-fold purpose was (1) to prevent frivolous claims from being filed against physicians and …

Mass Immunization Cases: Drug Manufacturers'liability For Failure To Warn, Mary E. Mann

Vanderbilt Law Review

In recent years, the manufacturers of polio' vaccines, administered in mass immunization programs at public health clinics, have been beseiged with a flurry of cases in which they have been held liable for failing adequately to warn of the dangers inherent in the use of an otherwise pure, unadulterated drug. As a result of the relatively large judgments awarded in these cases and the almost insurmountable practical problems of preventing further liability, drug manufacturers have ceased, or are threatening to cease, production of these essential, life-saving vaccines. Consequently, these recoveries threaten the effectiveness of the nation's preventative health care programs …

West German Abortion Decision: A Contrast To Roe V. Wade West German Abortion Decision: A Contrast To Roe V. Wade, 9 J. Marshall J. Prac. & Proc. 605 (1976), Robert E. Jonas, John D. Gorby

UIC Law Review

No abstract provided.