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Full-Text Articles in Health Law and Policy

The Legalization Of Physician-Assisted Suicide: Creating A Regulatory Potemkin Village, Daniel Callahan, Margot White Jan 1996

The Legalization Of Physician-Assisted Suicide: Creating A Regulatory Potemkin Village, Daniel Callahan, Margot White

University of Richmond Law Review

Over the past two decades, both professional and lay opinion have shown a markedly favorable shift toward the legalization of euthanasia and physician-assisted suicide (PAS). Yet the translation of that support into legislation has come more slowly. Only in 1994, after the failure in some states to enact legislation and the defeat of ballot initiatives in California in 1991 and Washington in 1992, did an initiative finally succeed in Oregon. Although a court injunction has prevented it from taking effect, the fact of its passage marks an historical milestone. Among Western countries, euthanasia and PAS are legally available only in …


Patient-Psychotherapist Privilege: Acces To Clinical Records In The Tangled Web Of Repressed Memory Litigation, Elizabeth F. Loftus, John R. Paddock, Thomas F. Guernsey Jan 1996

Patient-Psychotherapist Privilege: Acces To Clinical Records In The Tangled Web Of Repressed Memory Litigation, Elizabeth F. Loftus, John R. Paddock, Thomas F. Guernsey

University of Richmond Law Review

The 1990s promise to be an era of mental health litigation whose outcomes that some predict will dwarf the settlements awarded recently in lawsuits over sexual improprieties between psychotherapists and their patients. One expert estimates that over 17,000 claims will be filed in the next decade, with litigation costs in excess of $250 million. These new cases emerged as therapy patients began to accuse fathers and mothers, uncles and grandfathers, former neighbors and teachers, psychotherapists and countless others of sexually abusing them years ago.


Paying Physicians More To Do Less: Financial Incentives To Limit Care, David Orentlicher Jan 1996

Paying Physicians More To Do Less: Financial Incentives To Limit Care, David Orentlicher

University of Richmond Law Review

As the explosion in health care costs has led to serious ef- forts at cost containment, concerns have been raised that some of the methods used to contain costs may cause more harm than good. In particular, many commentators have criticized the practice of giving physicians personal financial incentives to limit the provision of care to their patients. These critics have argued that, if physicians are paid more to do less, patients will suffer harm from undertreated illness, and patient trust in the patient-physician relationship will be seriously compromised. Accordingly, it is argued, financial incentives for physicians to limit care …


Looking For A Nonlegal Process: Physician-Assisted Suicide And The Care Perspective, Paul J. Zwier Jan 1996

Looking For A Nonlegal Process: Physician-Assisted Suicide And The Care Perspective, Paul J. Zwier

University of Richmond Law Review

One of the many benefits of an interdisciplinary seminar like the Allen Chair-sponsored Bioethics seminar held at the University of Richmond Law School in 1995 was that members of the seminar had the opportunity to study the effects of the legal system's attempt to regulate bioethical issues. No question proved more troubling for the seminar than the question of physician-assisted suicide. Seminar participants, both members of the class and speakers, divided deeply on the legality of physician-assisted suicide, and for good reason. The discussions started with court decisions that were found to be both divisive and unsatisfactory. A number of …


Medical Use Of Marijuana: Legal And Ethical Conflicts In The Patient/Physician Relationship, Matthew W. Grey Jan 1996

Medical Use Of Marijuana: Legal And Ethical Conflicts In The Patient/Physician Relationship, Matthew W. Grey

University of Richmond Law Review

Kenneth Jenks was born a hemophiliac, inheriting the condi- tion from his mother. He contracted the HIV virus from a blood transfusion in 1980 and unknowingly passed the virus to his wife, Barbara Jenks. Mrs. Jenks was the first to suffer the effects of the illness. Her weight dropped by nearly forty pounds in three weeks due to constant debilitating nausea, and she was repeatedly hospitalized for two- to three-week stretches. Mrs. Jenks tried a half-dozen different oral medications for nausea to no avail, and could not function after shots for nausea left her in a stupor. Mr. Jenks experienced …


Choices For A Child: An Ethical And Legal Analysis Of A Failed Surrogate Birth Contract, Adam Marshall Jan 1996

Choices For A Child: An Ethical And Legal Analysis Of A Failed Surrogate Birth Contract, Adam Marshall

University of Richmond Law Review

In today's world of increasingly sophisticated reproductive technologies which offer once infertile couples the chance to have their own child, one wonders what wisdom King Solomon would provide in a conflict involving a woman hired to bear another couple's child. This paper explores such a situation.