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Full-Text Articles in Law and Gender
From Absence To Presence: A Critique Of Intersex Surgeries (Co-Authored With Maayan Sudai And Or Shai) (Hebrew), Sagit Mor
Sagit Mor
This is the first Article in Israeli legal scholarship that addresses the rights of intersex persons, who were born with "a reproductive or sexual anatomy that doesn’t seemto fit the typical definitions of female or male" (INSA). The common practice in most Western countries today is to operate intersex infants in order to assign them to one of the “conventional” sexes: either male or female. The Article lays the foundations for an intersex critique of law that supports the rights of intersex persons and lays out the ground for the critique of the current legal arrangement and the design of …
Relational Malpractice, Sagit Mor, Orna Rabinovich-Einy
Relational Malpractice, Sagit Mor, Orna Rabinovich-Einy
Sagit Mor
Legal scholarship in recent decades has devoted considerable attention to the "malpractice crisis." Surprisingly, however, the vast majority of this literature has overlooked a fundamental aspect of the problem: the deterioration of the doctor-patient relationship. So far, mainstream legal writing on malpractice has tended to frame the situation as either an insurance crisis or a litigation crisis. Although others have acknowledged that the current malpractice regime has negatively affected the doctor patient relationship, they have narrowly framed the scope of the problem, focusing on the aftermath of a medical error. We argue that contemporary doctor-patient interactions often resemble a battle …