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Medical Jurisprudence Commons

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Articles 1 - 17 of 17

Full-Text Articles in Medical Jurisprudence

Overtreatment And Informed Consent: A Fraud-Based Solution To Unwanted And Unnecessary Care, Isaac D. Buck Apr 2016

Overtreatment And Informed Consent: A Fraud-Based Solution To Unwanted And Unnecessary Care, Isaac D. Buck

Florida State University Law Review

According to multiple accounts, the administration of American health care results in as much as $800 billion in wasted spending due largely to the provision of overly expensive, inefficient, and unnecessary services. Beyond inflicting fiscal pain on the nation’s pocketbook, this waste has no clinical benefit—and often results in unnecessary hospital stays, cascading follow-up procedures, and time-wasting inconvenience for American patients. But aside from the mere annoyance of unnecessary care, the administration of overtreatment—that is, unnecessary care in and of itself—causes harm to the patient. Excessive care is deficient care. Unnecessary care risks potential medical error and infection, and often …


The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie R. Abrams Oct 2014

The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie R. Abrams

Florida State University Law Review

This Article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy.

This Article instead considers the …


Impaired Physicians And The Scope Of Informed Consent: Balancing Patient Safety With Physician Privacy, Sarah Haston Jul 2014

Impaired Physicians And The Scope Of Informed Consent: Balancing Patient Safety With Physician Privacy, Sarah Haston

Florida State University Law Review

No abstract provided.


Release From Terminal Suffering? The Impact Of Aids On Medically Assisted Suicide Legislation, Jody B. Gabel Jan 1994

Release From Terminal Suffering? The Impact Of Aids On Medically Assisted Suicide Legislation, Jody B. Gabel

Florida State University Law Review

No abstract provided.


Sharing Accountability For Breast Implants: Strict Products Liability And Medical Professionals Engaged In Hybrid Sales/Service Cosmetic Products Transactions, Richard L. Cupp, Jr. Jan 1994

Sharing Accountability For Breast Implants: Strict Products Liability And Medical Professionals Engaged In Hybrid Sales/Service Cosmetic Products Transactions, Richard L. Cupp, Jr.

Florida State University Law Review

No abstract provided.


Medical Malpractice: A New Treatment For An Old Illness, Thomas R. Tedcastle, Marvin A. Dewar Oct 1988

Medical Malpractice: A New Treatment For An Old Illness, Thomas R. Tedcastle, Marvin A. Dewar

Florida State University Law Review

The rising cost of medical malpractice insurance has been one of the most difficult issues faced by the Florida Legislature for many years. In an effort to reach a comprehensive solution to this recurring problems, the 1986 Legislature created the Academic Task Force for the Review of the Insurance and Tort Systems, and directed it to conduct a thorough review of Florida's tort system. In 1988, the Legislature implemented several of the recommendations of the Task Force. In this Article, the authors explore the factual findings and the recommendations of the Task Force and analyze the effects that the 1988 …


Competency For Execution: Problems In Law And Psychiatry, Barbara A. Ward Jan 1986

Competency For Execution: Problems In Law And Psychiatry, Barbara A. Ward

Florida State University Law Review

No abstract provided.


The Second Reformation: Florida's Medical Malpractice Law, F. Townsend Hawkes Oct 1985

The Second Reformation: Florida's Medical Malpractice Law, F. Townsend Hawkes

Florida State University Law Review

No abstract provided.


Containment Of Hospital And Health Care Costs -- The Regulated Marketplace, Linda H. Richey Oct 1985

Containment Of Hospital And Health Care Costs -- The Regulated Marketplace, Linda H. Richey

Florida State University Law Review

No abstract provided.


The Right To Die: Florida Breaks Through Legal Deadlock, Bridget Ann Berry Oct 1984

The Right To Die: Florida Breaks Through Legal Deadlock, Bridget Ann Berry

Florida State University Law Review

No abstract provided.


The Medical Staff Privileges Problem In Florida, Thomas Katheder Jul 1984

The Medical Staff Privileges Problem In Florida, Thomas Katheder

Florida State University Law Review

No abstract provided.


Medical Malpractice In Florida: A Prescription For Change, B. Richard Young Jan 1983

Medical Malpractice In Florida: A Prescription For Change, B. Richard Young

Florida State University Law Review

No abstract provided.


One Thousand Seven Hundred Days: A History Of Medical Malpractice Mediation Panels In Florida, Charles W. Ehrhardt Apr 1980

One Thousand Seven Hundred Days: A History Of Medical Malpractice Mediation Panels In Florida, Charles W. Ehrhardt

Florida State University Law Review

No abstract provided.


Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel Apr 1979

Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel

Florida State University Law Review

By Sylvia Law and Steven Polan. New York: Harper & Row, Publishers. 1978. Pp xiv, 305. $12.95.


Florida Departs From Tradition: The Legislative Response To The Medical Malpractice Crisis, John F. French Apr 1978

Florida Departs From Tradition: The Legislative Response To The Medical Malpractice Crisis, John F. French

Florida State University Law Review

No abstract provided.


The Confinement Of Mabel Jones: Is There A Right To Jury Trial In Civil Commitment Proceedings?, Vicki Gordon Kaufman Jan 1978

The Confinement Of Mabel Jones: Is There A Right To Jury Trial In Civil Commitment Proceedings?, Vicki Gordon Kaufman

Florida State University Law Review

No abstract provided.


The Florida Medical Malpractice Act Of 1975, Theresa Hooks Feb 1976

The Florida Medical Malpractice Act Of 1975, Theresa Hooks

Florida State University Law Review

No abstract provided.