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Full-Text Articles in Law
Medical Malpractice And Wrongful Death: Some Lives Are Worth More Than Others, Ralph Peeples, Catherine T. Harris
Medical Malpractice And Wrongful Death: Some Lives Are Worth More Than Others, Ralph Peeples, Catherine T. Harris
Ralph Peeples
We examined the outcomes and case characteristics of all the wrongful death lawsuits defended by a medical malpractice insurer in Virginia and North Carolina from 2009 through 2014. We derived our data from the insurer's closed claims files. Our goal was to identify the factors that affected whether compensation was paid, as well as the factors that affected the amount of compensation, when that occurred. Using multivariate analysis, we found that four variables had predictive power: the claims adjuster's assessment of liability, the age of the deceased, the marital status of the deceased, and whether the primary physician-defendant was engaged …
The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser
The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser
Harvey L. Fiser
Coming to a hospital near you, the medically enhanced doctor - a doctor who thinks faster, is better with short and long term memory, is calmer during surgery, can work double shifts with little cognitive fatigue, and one day may have the memories of years of experience without actually having had them. With the expanded use of cognitive enhancing pharmaceuticals such as Adderall, Provigil, and more on the way, we are already seeing changes in education and the corporate world. From reaching a “normal” status for a person with an ADHD diagnosis to creating the “supernormal” employee with cognitive enhancers, …
Invalid Testimony: Disability And Voice In The Criminal Procedure (Co-Authored With Osnat Ein-Dor) (Hebrew), Sagit Mor
Sagit Mor
This Article discuses the sociolegal reality that people with developmental and mental disabilities experience in their interaction with the criminal justice system and the challenges that the criminal system faces when it comes to deal with a case which involves a disabled person. It maintains that the barriers that disabled people face in criminal proceedings do not exist only in pre-trial stages, but also during the trial itself, since courts, too, are impacted by exclusionary legal rules and by cognitive schemas that express negative stereotypes. In 2005 a new law was introduced in Israel: Investigation and Testimony Proceedings (Accommodations for …
Equal Rights For Disabled People In Employment Law – A Critical Assessment (Hebrew), Sagit Mor
Equal Rights For Disabled People In Employment Law – A Critical Assessment (Hebrew), Sagit Mor
Sagit Mor
This article presents a pioneering research project, which seeks to explore whether and to what extent the Equal Rights for People with Disability Law, 1998, had an impact on courts' rulings on matters related to disability employment discrimination. In particular, it seeks to examine (1) whether a consistent and instructive legal doctrine has evolved, one that reflects the principles that guided the framers of the legislation, and (2) whether the legal discourse on disability has changed. The article presents the emerging theory of disability legal studies and its unique and original contribution to legal scholarship. Disability legal studies seeks to …
Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals, Christopher R. Smith Esq.
Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals, Christopher R. Smith Esq.
Christopher R Smith
This article seeks to examine the conflict between non-cost conscious medical malpractice liability standards and health care cost cutting measures within the context of Accountable Care Organizations (“ACOs”) under the new health care reform law. The article begins by providing an overview of the high level of health care spending within the United States health care system in order to provide a context for better understanding policymakers’ push for cost cutting measures, including ACOs. The article then examines the tension between cost containment efforts and provider medical liability standards through an examination of the “stuck in the middle” mentality that …