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Articles 1 - 21 of 21
Full-Text Articles in Medical Jurisprudence
Can The Right To Personal Liberty Be Interpreted In A Paternalistic Manner? : Cases On The Mental Health Act 2001, Darius Whelan
Can The Right To Personal Liberty Be Interpreted In A Paternalistic Manner? : Cases On The Mental Health Act 2001, Darius Whelan
Darius Whelan
A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield
A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield
Kent Greenfield
Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the “tool box” of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result. …
Occupational Injuries Among Nurses And Aides In A Hospital Setting, Leslie Boden, Grace Sembajwe, Torill Tveito, Dean Hashimoto, Karen Hopcia, Christopher Kenwood, Anne Stoddard, Glorian Sorenson
Occupational Injuries Among Nurses And Aides In A Hospital Setting, Leslie Boden, Grace Sembajwe, Torill Tveito, Dean Hashimoto, Karen Hopcia, Christopher Kenwood, Anne Stoddard, Glorian Sorenson
Dean M. Hashimoto
Background
Patient care workers in acute care hospitals are at high risk of injury. Recent studies have quantified risks and demonstrated a higher risk for aides than for nurses. However, no detailed studies to date have used OSHA injury definitions to allow for better comparability across studies.
Methods
We linked records from human resources and occupational health services databases at two large academic hospitals for nurses (n = 5,991) and aides (n = 1,543) in patient care units. Crude rates, rate ratios, and confidence intervals were calculated for injuries involving no days away and those involving at least 1 day …
Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit
Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit
Deborah Hellman
No abstract provided.
Palliative Care: An Enforceable Canadian Human Right?, Yude M. Henteleff, Mary J. Shariff, Darcy L. Macpherson
Palliative Care: An Enforceable Canadian Human Right?, Yude M. Henteleff, Mary J. Shariff, Darcy L. Macpherson
Mary J. Shariff
This article lays out a series of approaches for establishing an enforceable human right to palliative care in Canada. The article first examines international human rights instruments to which Canada is a signatory, and concludes that they offer limited assistance to palliative care advocates. The article then examines two promising Charter challenges. The first, based on section 15, argues that since palliative care is provided unevenly to those who require it, the equality provisions of the Charter could compel equitable provision of palliative care to Canadians with life-limiting illnesses. The second is based on section 7, and argues that failure …
The Role Of The Work Context In Multiple Wellness Outcomes For Hospital Patient Care Workers, Dean Hashimoto, Glorian Sorensen, Anne Stoddard, Sonia Stoffel, Orfeu Buxton, Grace Sembajwe, Jack Dennerlien, Karen Hopcia
The Role Of The Work Context In Multiple Wellness Outcomes For Hospital Patient Care Workers, Dean Hashimoto, Glorian Sorensen, Anne Stoddard, Sonia Stoffel, Orfeu Buxton, Grace Sembajwe, Jack Dennerlien, Karen Hopcia
Dean M. Hashimoto
Objective: To examine the relationships among low back pain (LBP), inadequate physical activity, and sleep deficiency among patient care workers, and of these outcomes to work context.
Methods: A cross-sectional survey of patient care workers (N = 1572, response rate = 79%).
Results: A total of 53% reported LBP, 46%, inadequate physical activity, and 59%, sleep deficiency. Inadequate physical activity and sleep deficiency were associated (P = 0.02), but LBP was not significantly related to either. Increased risk of LBP was significantly related to job demands, harassment at work, decreased supervisor support, and job title. Inadequate physical activity was significantly …
One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver
One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver
Theodore Silver
In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …
The Case For A Post-Mortem Organ Draft And A Proposed Model Organ Draft Act, Theodore Silver
The Case For A Post-Mortem Organ Draft And A Proposed Model Organ Draft Act, Theodore Silver
Theodore Silver
No abstract provided.
Flu Shot Immunizations Of Health Care Workers: Data From The Past 10 Years, Dean Hashimoto
Flu Shot Immunizations Of Health Care Workers: Data From The Past 10 Years, Dean Hashimoto
Dean M. Hashimoto
No abstract provided.
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
The Potential Impact Of Health Care Reform On Workers' Compensation, Dean Hashimoto
The Potential Impact Of Health Care Reform On Workers' Compensation, Dean Hashimoto
Dean M. Hashimoto
No abstract provided.
Integrated Approaches To Improving The Health And Safety Of Health Care Workers, Dean Hashimoto
Integrated Approaches To Improving The Health And Safety Of Health Care Workers, Dean Hashimoto
Dean M. Hashimoto
No abstract provided.
A Theory Of Discipline For Professional Misconduct, Nadia Sawicki
A Theory Of Discipline For Professional Misconduct, Nadia Sawicki
Nadia N. Sawicki
State medical boards derive their licensure and disciplinary authority from the police powers reserved to the states under the 10th Amendment. Though it is clear that public health, safety, and welfare are well-served by the educational and examination requirements uniformly imposed upon medical professionals, many medical practice acts also authorize discipline for professional misconduct that does not directly implicate clinical competence or patient safety - for example, being convicted of a felony or a crime of moral turpitude, failing to comply with a child support order, providing expert opinion to a court without reasonable investigation, ordering unnecessary laboratory tests, engaging …
Compliance With Advance Directives: Wrongful Living And Tort Law Incentives, Holly Lynch, Michele Mathes, Nadia Sawicki
Compliance With Advance Directives: Wrongful Living And Tort Law Incentives, Holly Lynch, Michele Mathes, Nadia Sawicki
Nadia N. Sawicki
Modern ethical and legal norms generally require that deference be accorded to patients' decisions regarding treatment, including decisions to refuse life-sustaining care, even when patients no longer have the capacity to communicate those decisions to their physicians. Advance directives were developed as a means by which a patient's autonomy regarding medical care might survive such incapacity. Unfortunately, preserving patient autonomy at the end of life has been no simple task. First, it has been difficult to persuade patients to prepare for incapacity by making their wishes known. Second, even when they have done so, there is a distinct possibility that …
Public And Private Justice: Redressing Health Care Harm In Japan, Robert B. Leflar
Public And Private Justice: Redressing Health Care Harm In Japan, Robert B. Leflar
Robert B Leflar
Japanese legal structures addressing health care-related deaths and injuries rely more on public law institutions and rules than do the common-law North American jurisdictions, where private law adjudication is predominant. This article explores four developments in 21st-century Japanese health care law. The first two are in the public law sphere: criminal prosecutions of health care personnel accused of medical errors, and a health ministry-sponsored “Model Project” to analyze medical-practice-associated deaths. The article addresses a private law innovation: health care divisions of trial courts in several metropolitan areas. Finally, the article introduces Japan’s new no-fault program for compensating birth-related obstetrical injuries. …
Interstate Variation In Use Of Narcotics, Dean M. Hashimoto, Dongchun Wang, Kathryn Mueller
Interstate Variation In Use Of Narcotics, Dean M. Hashimoto, Dongchun Wang, Kathryn Mueller
Dean M. Hashimoto
No abstract provided.
Medical Malpractice (Book Review), Robert B. Leflar
Medical Malpractice (Book Review), Robert B. Leflar
Robert B Leflar
This is a review of Medical Malpractice, by Frank Sloan and Lindsey Chepke. This superb book provides a balanced, comprehensive, factual overview of the structure, flaws, and merits of the U.S. legal system relating to malpractice; the causes of cyclical insurance pricing and availability difficulties; ameliorative initiatives both implemented and proposed; and the political considerations affecting the achievability of leading reform proposals. The authors' evidence-based stances will discommode many participants in the malpractice debate, physicians and trial lawyers alike. The book debunks widely-held "myths of medical malpractice" propounded by medical tort reformers. However, the authors also conclude that "no convincing …
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Olanike Sekinat Adelakun
Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff
Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff
Mary J. Shariff
This paper sets out to examine various forms of legal strategies that have thus far been identified in the areas of litigation, corporate management and competition. The goal here is to identify and classify emerging approaches to legal strategy discussion in order to assist in the overall study of legal strategy theory as well as to assist in the development of an integrated and accurate definition of legal strategy from a law perspective.
Global Artificial Photosynthesis: A Scientific And Legal Introduction., Thomas A. Faunce
Global Artificial Photosynthesis: A Scientific And Legal Introduction., Thomas A. Faunce
Thomas A Faunce
With the global human population set to exceed 10 billion by 2050, its collective energy consumption to rise from 400 to over 500 EJ/yr and with the natural environment under increasing pressure from these sources as well as from anthropogenic climate change, political solutions such as the creation of an efficient carbon price and trading scheme may arrive too late. In this context, the scientific community is exploring technological remedies. Central to these options is artificial photosynthesis – the creation, particularly through nanotechnology, of devices capable to doing what plants have done for millions of years – transforming sunlight, water …
Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff
Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff
Mary J. Shariff
This paper sets out to examine various forms of legal strategies that have thus far been identified in the areas of litigation, corporate management and competition. The goal here is to identify and classify emerging approaches to legal strategy discussion in order to assist in the overall study of legal strategy theory as well as to assist in the development of an integrated and accurate definition of legal strategy from a law perspective.