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Full-Text Articles in Law

A Statewide Standard Of Care In Medical Malpractice Cases - We're Shoveling Smoke, Thomas J. Harlan Jr. Jan 1984

A Statewide Standard Of Care In Medical Malpractice Cases - We're Shoveling Smoke, Thomas J. Harlan Jr.

University of Richmond Law Review

A month before his death, Judge Learned Hand, in an interview with a young Life magazine reporter, was asked how he felt after his long and illustrious career on the bench in which his opinions were adopted by the United States Supreme Court, cited in major law schools throughout the country, hailed as legally incisive and brilliant, and being viewed himself as a trendsetter in legal thinking. Judge Hand replied: "'I've spent a lifetime of utter drudgery, shoveling smoke . . .'"


Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird Jan 1984

Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird

University of Richmond Law Review

In recent years, the rapid expansion of knowledge in the field of molecular genetics resulting from the use of recombinant DNA (rDNA) techniques has been unprecedented. The expanded knowledge scientists have acquired through rDNA techniques has precipitated conspicuous breakthroughs in biomedical research involving the manipulation of human genetic material to diagnose and treat human disorders. Application of this research may soon affect all aspects of our lives. However, this newly-acquired ability to manipulate human genes raises broad ethical and legal questions. The issues raised by rDNA research are dissimilar to earlier questions regarding the use of genetically-engineered microorganisms in the …


Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick Jan 1984

Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick

University of Richmond Law Review

As the elderly population increases and medical costs skyrocket, federal and state governments feel increasing pressures to diminish drains on government treasuries caused by the provision of medical care to the elderly. One possible solution would be to require children to shoulder more of the costs of caring for their parents than they already bear as federal and state taxpayers. This article examines this approach and suggests that such a policy is contrary to both federal and state laws.


Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl Jan 1984

Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl

University of Richmond Law Review

The standard of care in a medical negligence action represents the duty which the defendant physician, nurse, hospital or other health care provider owes to the patient. In Virginia, it is that degree of care and skill possessed by the reasonably prudent practitioner of the same specialty in this state. This standard is an elusive one at best. While learned treatises and journal articles assist in determining the standard, in practice the plaintiff offers experts who state, based on their knowledge, training, and experience that the standard of care requires the defendant to provide a particular type of care which …