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Articles 1 - 10 of 10
Full-Text Articles in Medical Jurisprudence
Defensive Medicine And Obstetric Practices, Michael Frakes
Defensive Medicine And Obstetric Practices, Michael Frakes
Cornell Law Faculty Publications
Using data on physician behavior from the 1979–2005 National Hospital Discharge Surveys (NHDS), I estimate the relationship between malpractice pressure, as identified by the adoption of noneconomic damage caps and related tort reforms, and certain decisions faced by obstetricians during the delivery of a child. The NHDS data, supplemented with restricted geographic identifiers, provides inpatient discharge records from a broad enough span of states and covering a long enough period of time to allow for a defensive medicine analysis that draws on an extensive set of variations in relevant tort laws. Contrary to the conventional wisdom, I find no evidence …
Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry Palmer
Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry Palmer
Cornell Law Faculty Publications
No abstract provided.
Disease Management And Liability In The Human Genome Era, Larry I. Palmer
Disease Management And Liability In The Human Genome Era, Larry I. Palmer
Cornell Law Faculty Publications
The completion of a rough draft of the Human Genome presents both tremendous potential for improvements in health care delivery and challenges to providing appropriate incentives that will bring forth new treatments while protecting individuals and groups from genetic discrimination. As "genetics" becomes an integral part of health care delivery, there are no existing coherent legal doctrines for balancing the risks and benefits of this technological and scientific achievement. Developing a coherent legal approach to these risks and benefits requires a reexamination of the purposes of the liability doctrines that govern the management of disease processes. At the moment, a …
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Cornell Law Faculty Publications
"Patient safety" has come of age. With the publication of several empirical studies of medical injuries and the recent Institute of Medicine Report, To Err is Human: Building a Safe Health System, scholars from a variety of disciplines are advocating "systems thinking" as a way of preventing medical accidents. These scholars have been influenced by efforts to reduce accidents in other high risk industries such as aviation and scholarship in law proposing "no fault systems" for compensating medical accident victims. This article proposes that in order to incorporate "systems thinking" about medical error reduction, legal scholarship on the health care …
Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer
Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer
Cornell Law Faculty Publications
No abstract provided.
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Wealth, Equity, And The Unitary Medical Malpractice Standard, John A. Siliciano
Wealth, Equity, And The Unitary Medical Malpractice Standard, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain
An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.