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University of Michigan Law School

Health Law and Policy

Consent

Michigan Law Review

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Full-Text Articles in Law

Informing Consent: Medical Malpractice And The Criminalization Of Pregnancy, Laura Beth Cohen May 2018

Informing Consent: Medical Malpractice And The Criminalization Of Pregnancy, Laura Beth Cohen

Michigan Law Review

Since the early 1990s, jurisdictions around the country have been using civil child abuse laws to penalize women for using illicit drugs during their pregnancies. Using civil child abuse laws in this way infringes on pregnant women’s civil rights and deters them from seeking prenatal care. Child Protective Services agencies are key players in this system. Women often become entangled with the Child Protective Services system through their health care providers. Providers will drug test pregnant women without first alerting them to the potential negative consequences stemming from a positive drug test. Doing so is a breach of these providers’ …


Making Health Care Decisions: A Report On The Ethical And Legal Implications Of Informed Consent In The Patient-Practitioner Relationship, Volume 1, Michigan Law Review Feb 1984

Making Health Care Decisions: A Report On The Ethical And Legal Implications Of Informed Consent In The Patient-Practitioner Relationship, Volume 1, Michigan Law Review

Michigan Law Review

A Review of Making Health Care Decisions: A Report on the Ethical and Legal Implications of Informed Consent in the Patient-Practitioner Relationship, Volume 1 by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research


Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review Mar 1983

Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review

Michigan Law Review

A Review of Who Speaks for the Child: The Problems of Proxy Consent edited by Willard Gaylin and Ruth Macklin


Regulation Of Electroconvulsive Therapy, Michigan Law Review Dec 1976

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 …