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Articles 1 - 17 of 17
Full-Text Articles in Medical Jurisprudence
The Cloudy Crystal Ball: Genetics, Child Abuse, And The Perils Of Predicting Behavior, Robert D. Stone
The Cloudy Crystal Ball: Genetics, Child Abuse, And The Perils Of Predicting Behavior, Robert D. Stone
Vanderbilt Law Review
In the cinematic world of Minority Report, mankind stands on the brink of a society without murder. Police can see the future, predicting murders and arresting perpetrators before they act. This utopian system is the ultimate evolution in preventative policing because it offers perfect prediction; it does not show what people intend to do, only what they will do. Society accepts the incarceration of pre-murderers, people who have committed no crimes, because there is no such thing as the "wrongfully accused.' Is the ability to predict behavior only science fiction, or can a combination of genetic and environmental factors actually …
Two Wrongs Don't Make A Right: Medicaid, Section 1983 And The Cost Of An Enforceable Right To Health Care, Mark A. Ison
Two Wrongs Don't Make A Right: Medicaid, Section 1983 And The Cost Of An Enforceable Right To Health Care, Mark A. Ison
Vanderbilt Law Review
More than a trillion dollars annually is spent on the health care system .... Despite increases in medical care spending that are greater than the rate of inflation, population growth, and Gross Domestic Product growth, there has not been a commensurate improvement in our health status as a nation .... Despite our Nation's wealth, the health care system does not provide coverage to all Americans who want it. These words capture both the essence of America's public health care dilemma and the frustration felt by many of the lawmakers charged with the duty to solve it. The battle to lower …
Fetal Surgery And Wrongful Death Actions On Behalf Of The Unborn: An Argument For A Social Standard, Jonathan D. Stanley
Fetal Surgery And Wrongful Death Actions On Behalf Of The Unborn: An Argument For A Social Standard, Jonathan D. Stanley
Vanderbilt Law Review
Imagine a young couple in the not-too-distant-future who are eagerly awaiting the birth of their first child. During the eighteenth week of the pregnancy, the mother has an ultrasound performed to detect possible developmental problems with the child. To their dismay, the ultrasound reveals a malformation in the fetus. The defect will not be fatal, but if left untreated will cause the child severe breathing problems once born. The problem can be fixed with surgery after birth, but such a procedure will result in disfiguring facial scars. After thoroughly considering their options, which range from an abortion to carrying the …
Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii
Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii
Washington and Lee Law Review
No abstract provided.
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Washington and Lee Law Review
No abstract provided.
Just What The Doctor Ordered: The Admissibility Of Differential Diagnosis In Pharmaceutical Product Litigation, Wendy Michelle Ertmer
Just What The Doctor Ordered: The Admissibility Of Differential Diagnosis In Pharmaceutical Product Litigation, Wendy Michelle Ertmer
Vanderbilt Law Review
In the decade since Daubert v. Merrell Dow Pharmaceuticals Inc., federal judges have exercised their role as gatekeepers of expert witness testimony to evaluate many different categories of scientific evidence. They have not done so without controversy, however. Because the element of causation in pharmaceutical product litigation is frequently dispositive, the application of Daubert to scientific evidence of causation has been particularly contentious. Plaintiffs in such cases must prove both general causation-that the product is capable of causing an injury of the type from which the plaintiff suffers-and specific causation-that the product was the actual cause of the plaintiffs injury. …
Rule 9(J) - Is Requiring A Plaintiff In A Medical Malpractice Action To Certify His Or Her Claim Before Filing Unconstitutional? - The Issue In Anderson V. Assimos, Levonda Wood
Campbell Law Review
This note will examine the North Carolina Court of Appeals' decision in Anderson v. Assimos. Part II of the note presents the factual background, the issue raised, and the holding in the Anderson decision. Part III analyzes the decision and discusses why the court's holding is correct. This note concludes that the North Carolina Supreme Court should hold that Rule 9(j) unconstitutionally infringes upon rights guaranteed by both the federal and state constitutions if asked to addresses the issue in the future.
Researcher Liability For Negligence In Human Subject Research: Informed Consent And Researcher Malpractice Actions, Roger L. Jansson
Researcher Liability For Negligence In Human Subject Research: Informed Consent And Researcher Malpractice Actions, Roger L. Jansson
Washington Law Review
Two sets of federal regulations, the "Common Rule" and Food and Drug Administration (FDA) regulations, govern human subject research that is either federally-funded or involves FDA regulated products. These regulations require, inter alia, that: (1) researchers obtain informed consent from human subjects, and (2) that an Institutional Review Board (IRB) independently review and approve the research protocol. Although the federal regulations do not provide an express cause of action against researchers, research subjects should be able to bring informed consent and malpractice actions against researchers by establishing a duty of care and standard of care. Researchers owe human subjects a …
Ban On Partial-Birth Abortion Clears Another Hurdle, Eileen D. Collins
Ban On Partial-Birth Abortion Clears Another Hurdle, Eileen D. Collins
Public Interest Law Reporter
No abstract provided.
Former Health Commissioner Indicted Under California Law Criminalizing Hiv Transmission, Michelle Lammers
Former Health Commissioner Indicted Under California Law Criminalizing Hiv Transmission, Michelle Lammers
Public Interest Law Reporter
No abstract provided.
Asbestos Litigation Growing With Mounting Negative Consequences, Valerie Sarigumba
Asbestos Litigation Growing With Mounting Negative Consequences, Valerie Sarigumba
Public Interest Law Reporter
No abstract provided.
Medical Professional Liability In West Virginia, Thomas J. Hurney Jr., Rob J. Aliff Jackson Kelly Pllc
Medical Professional Liability In West Virginia, Thomas J. Hurney Jr., Rob J. Aliff Jackson Kelly Pllc
West Virginia Law Review
No abstract provided.
The Next Wave: Federal Regulatory, Intellectual Property, And Tort Liability Considerations For Medical Device Software, 2 J. Marshall Rev. Intell. Prop. L. 259 (2003), Paul A. Mathew
UIC Review of Intellectual Property Law
Counsel for the medical software technologist faces an unusually complex, ongoing, high-stakes challenge. Counsel operates in a special field of commercial, legal and regulatory forces: (1) intellectual property laws which govern the expression and protection of commercial rights derived from advances in medical science and technology; (2) existing and proposed contracts/warranty laws that govern technological commercial relationships; (3) negligence, professional liability, and product liability laws that govern the marketing of medical technologies; and, (4) a new body of regulation derived from the power of the federal government to indirectly provide for the safety, effectiveness, privacy, and security of medical technologies …
Identity Crisis: The Obsolescence Of Jasopersaud V. Rho And The Medical Malpractice Expert Exception, Mark D. Shifton
Identity Crisis: The Obsolescence Of Jasopersaud V. Rho And The Medical Malpractice Expert Exception, Mark D. Shifton
Fordham Urban Law Journal
This Comment discusses the provision of the New York Civil Practice Law and Rules ("CPLR") governing the disclosure of medical malpractice expert witnesses, and how medical malpractice litigants strive to protect the identities of their experts. The Comment discusses the initial judicial decisions dealing with the amended CPLR 3101, and how courts initially struggled to apply the medical malpractice expert exception. Special attention is paid to Jasopersaud v. Rho, which attempted to create a workable standard to further the competing goals of CPLR 3101(d)(1)(i) and Thomas v. Alleyne. The Comment further discusses whether the policy goals behind the medical malpractice …
Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan
Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan
Washington and Lee Law Review
No abstract provided.
Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey
Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey
William Mitchell Law Review
The extension of whistleblower protection to medical residents is by no means a panacea to current abusive working conditions. Roles exist for the federal government, the states, and institutional organizations such as the ACGME. Whistleblower protection provides one subtle yet effective regulatory tool that could undoubtedly result in enforcement of labor standards and ultimately better working conditions for medical residents.
Procedural Provisions In Nevada Medical Malpractice Reform, Carl Tobias
Procedural Provisions In Nevada Medical Malpractice Reform, Carl Tobias
Nevada Law Journal
No abstract provided.