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Medical Jurisprudence

UIC Law Open Access Faculty Scholarship

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Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse In The Wake Of Argentina's Marea Verde, 48 Mitchell Hamline L. Rev. 128 (2022), Kim D. Ricardo Jan 2022

Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse In The Wake Of Argentina's Marea Verde, 48 Mitchell Hamline L. Rev. 128 (2022), Kim D. Ricardo

UIC Law Open Access Faculty Scholarship

No abstract provided.


Informed Consent: No Longer Just What The Doctor Ordered? Revisited, 52 Akron L. Rev. 49 (2018), Marc Ginsberg Jan 2018

Informed Consent: No Longer Just What The Doctor Ordered? Revisited, 52 Akron L. Rev. 49 (2018), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

The law of informed consent in medicine has evolved from the original doctrine which required the physician's disclosure of the risks, benefits, and complications of (and alternatives to) a proposed procedure or treatment. The doctrine now implicates the disclosure of matters personal to the physician. Questions regarding the breadth of the doctrine in other respects have developed as well. This paper represents the author's second examination of the unconventional aspects of the law of informed consent.


Beyond Canterbury: Can Medicine And Law Agree About Informed Consent? And Does It Matter?, 45 J.L. Med. & Ethics 106 (2017), Marc Ginsberg Jan 2017

Beyond Canterbury: Can Medicine And Law Agree About Informed Consent? And Does It Matter?, 45 J.L. Med. & Ethics 106 (2017), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

For those of us whose scholarship focuses on medico-legal jurisprudence, the law of informed consent is a gift. It has been a fertile topic of discussion for decades, with no end in sight. Although it is not difficult to acknowledge that patient autonomy is at the core of informed consent, the doctrine is not static - it has evolved in scope and continues to engage courts in thought provoking analysis.


Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg Jan 2017

Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.


Do Black Lives Matter? Race As A Measure Of Injury In Tort Law, 18 Scholar: St. Mary's L. Rev. & Soc. Just. 41 (2016), Alberto Bernabe Jan 2016

Do Black Lives Matter? Race As A Measure Of Injury In Tort Law, 18 Scholar: St. Mary's L. Rev. & Soc. Just. 41 (2016), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

Discussions of race-related issues are a constant in American society. Within the last year alone, there have been several high profile events that have prompted important debates about race. Most of the events attracting nationwide attention involved the conduct of law enforcement agents, including incidents in which unarmed black men died at the hands of police officers, peaceful protests that turned violent following the failure to indict the police officers involved in those cases and the use of excessive force on black teenagers attending social events and while at school. Other events included the racial identity controversy regarding a member …


The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical, 42 Mitchell Hamline L. Rev. 273 (2016), Marc Ginsberg Jan 2016

The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical, 42 Mitchell Hamline L. Rev. 273 (2016), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

Is it reasonable for a physician to condition treatment upon the patient’s execution of an arbitration agreement? Is such an agreement enforceable? Is such an agreement medically ethical? This paper will address these topics (and others) in an effort to determine whether a treatment conditioned upon the execution of an arbitration agreement covering medical liability claims is consistent with, and should be a defensible component of the physician-patient relationship.


Informed Consent And The Differential Diagnosis: How The Law Overestimates Patient Autonomy And Compromises Health Care, 60 Wayne L. Rev. 349 (2014), Marc Ginsberg Jan 2014

Informed Consent And The Differential Diagnosis: How The Law Overestimates Patient Autonomy And Compromises Health Care, 60 Wayne L. Rev. 349 (2014), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

The purpose of this paper is not simply to re-examine the doctrine of informed consent. The purpose, however, is to identify how the doctrine has evolved, its scope expanded, and how it has created serious consequences for physicians and patients. Specifically, this paper focuses on the differential diagnosis - the process by which a physician arrives at a diagnosis - and how some jurisdictions have manipulated informed consent to encompass this process. This paper will urge that the application of informed consent to the differential diagnosis is an unnecessary expansion of the doctrine and, potentially, compromises health care.


The Locality Rule Lives! Why? Using Modern Medicine To Eradicate An “Unhealthy” Law, 61 Drake L. Rev. 321 (2013), Marc Ginsberg Jan 2013

The Locality Rule Lives! Why? Using Modern Medicine To Eradicate An “Unhealthy” Law, 61 Drake L. Rev. 321 (2013), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

The "locality rule" places a geographical dimension on the professional standard of care in medical negligence litigation. It requires the measurement of a physician's conduct by a standard focusing on the geographical location of the treatment provided. This Article traces the origin of the locality rule, discusses its related practical problems, focuses on the states in which it exists, suggests that the rule is archaic, and explains how modern medicine (undergraduate medical education, graduate medical education, state medical licensure, board certification, continuing medical education and practice guidelines) is well positioned to eradicate it.


The Confrontation Clause And Forensic Autopsy Reports-A "Testimonial", 74 La. L. Rev. 117 (2013), Marc Ginsberg Jan 2013

The Confrontation Clause And Forensic Autopsy Reports-A "Testimonial", 74 La. L. Rev. 117 (2013), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

This Article examines the landscape of legal issues involved in determining whether the presence at trial of a surrogate pathologist, whose testimony refers to a forensic autopsy report prepared by the examining pathologist and provides the foundation for the admissibility of the forensic autopsy report, implicates the Confrontation Clause of the Sixth Amendment. This Article concludes that the practice of surrogate testimony and admission of the forensic autopsy report, well known and often required in criminal homicide prosecutions, implicates and violates the Confrontation Clause.


Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation?, 63 S.C. L. Rev. 367 (2011), Marc Ginsberg Jan 2011

Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation?, 63 S.C. L. Rev. 367 (2011), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.


Some Lessons Learned From The Aids Pandemic, 19 Annals Health L. 63 (2010), Mark E. Wojcik Jan 2010

Some Lessons Learned From The Aids Pandemic, 19 Annals Health L. 63 (2010), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.


How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010), Marc Ginsberg Jan 2010

How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.


Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010), Marc Ginsberg Jan 2010

Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Moral Plausibility Of Contract: Using The Covenant Of Good Faith To Prevent Resident Physician Fatigue-Related Medical Errors, 48 U. Louisville L. Rev. 265 (2009), Samuel Vincent Jones Jan 2009

The Moral Plausibility Of Contract: Using The Covenant Of Good Faith To Prevent Resident Physician Fatigue-Related Medical Errors, 48 U. Louisville L. Rev. 265 (2009), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.


Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006), Marc Ginsberg, Patricia C. Nowak Jan 2006

Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006), Marc Ginsberg, Patricia C. Nowak

UIC Law Open Access Faculty Scholarship

No abstract provided.


Hippocrates To Hipaa: A Foundation For A Federal Physician-Patient Privilege, 77 Temp. L. Rev. 505 (2004), Ralph Ruebner, Leslie Ann Reis Jan 2004

Hippocrates To Hipaa: A Foundation For A Federal Physician-Patient Privilege, 77 Temp. L. Rev. 505 (2004), Ralph Ruebner, Leslie Ann Reis

UIC Law Open Access Faculty Scholarship

No abstract provided.


Apparent Authority And Healthcare In Illinois, 22 N. Ill. U. L. Rev. 475 (2002), Marc Ginsberg Jan 2002

Apparent Authority And Healthcare In Illinois, 22 N. Ill. U. L. Rev. 475 (2002), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.


Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler Jan 2002

Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler

UIC Law Open Access Faculty Scholarship

Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …


Science Fact Or Science Fiction? The Implications Of Court-Ordered Genetic Testing Under Rule 35, 34 U.S.F. L. Rev. 295 (2000), Anthony Niedwiecki Jan 2000

Science Fact Or Science Fiction? The Implications Of Court-Ordered Genetic Testing Under Rule 35, 34 U.S.F. L. Rev. 295 (2000), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

No abstract provided.


Blood, Sweat, And Tears: Toward A New Paradigm For Protecting Donor Privacy, 7 Va. J. Soc. Pol'y & L. 141 (2000), Kevin Hopkins Jan 2000

Blood, Sweat, And Tears: Toward A New Paradigm For Protecting Donor Privacy, 7 Va. J. Soc. Pol'y & L. 141 (2000), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle Jan 1995

The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik Jan 1994

Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.


Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle Jan 1990

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Autonomous Decisionmaking And Social Choice: Examining The “Right To Die”, 77 Ky. L.J. 319 (1989), Donald L. Beschle Jan 1989

Autonomous Decisionmaking And Social Choice: Examining The “Right To Die”, 77 Ky. L.J. 319 (1989), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Wyatt Case: Implementation Of A Judicial Decree Ordering Institutional Change, 84 Yale L.J. 1338 (1975), Diane S. Kaplan Jan 1975

The Wyatt Case: Implementation Of A Judicial Decree Ordering Institutional Change, 84 Yale L.J. 1338 (1975), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.