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Medical Jurisprudence Commons

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Journal

1975

Discipline
Institution
Keyword
Publication

Articles 1 - 13 of 13

Full-Text Articles in Medical Jurisprudence

Physicians And Surgeons—Malpractice—Court Disregard For The Standard Of The Profession—The Legislative Response—Helling V. Carey, 83 Wn. 2d 514, 519 P.2d 981 (1974); Wash. Rev. Code § 4.24.290 (Supp. 1975), Alan J. Peizer Nov 1975

Physicians And Surgeons—Malpractice—Court Disregard For The Standard Of The Profession—The Legislative Response—Helling V. Carey, 83 Wn. 2d 514, 519 P.2d 981 (1974); Wash. Rev. Code § 4.24.290 (Supp. 1975), Alan J. Peizer

Washington Law Review

This note will examine the relationship between the standard of care and the role of expert medical testimony in medical malpractice actions, discuss various interpretations of the Helling decision, and suggest the most practical of those interpretations, particularly in light of the subsequent enactment of R.C.W. § 4.24.290.5 The purpose of this statute was to nullify the Helling decision and re-establish the pre-Helling standards of negligence in medical malpractice cases. As will be demonstrated, although the statute in large part succeeds in allaying the fears of medical practitioners and defense attorneys which were induced by Helling v. Carey, the case …


Physician's Abandonment Of Patient, Richard Rosenthal Oct 1975

Physician's Abandonment Of Patient, Richard Rosenthal

North Carolina Central Law Review

No abstract provided.


The Insurer's Dilemma, Mark W. Gray Oct 1975

The Insurer's Dilemma, Mark W. Gray

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act


Is Malpractice Insurable?, Geoffrey Segar Oct 1975

Is Malpractice Insurable?, Geoffrey Segar

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act


The 1975 Indiana Medical Malpractice Act Oct 1975

The 1975 Indiana Medical Malpractice Act

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act


A Cure For The Plaintiff's Ills?, Andrew C. Mallor Oct 1975

A Cure For The Plaintiff's Ills?, Andrew C. Mallor

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act


The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart Oct 1975

The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act


A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal Oct 1975

A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act


Torts--Medical Malpractice--Sources Of A Physician's Standard Of Care: The Medical Profession Or The Courts--Helling V. Carey Jun 1975

Torts--Medical Malpractice--Sources Of A Physician's Standard Of Care: The Medical Profession Or The Courts--Helling V. Carey

BYU Law Review

No abstract provided.


Informed Consent And Medical Experimentation, George H. Martin Jr. Apr 1975

Informed Consent And Medical Experimentation, George H. Martin Jr.

IUSTITIA

Certain biomedical technologies already or almost already with us "threaten to reduce the meaning of man and to degrade the human spirit in the very process of becoming technologically feasible, long before the final stage of deployment and widespread use has been reached." It is this threat that has prompted me to consider certain medical and legal problems associated broadly with the human experimentation process. I shall be examining the concept of "informed consent" to both experimental medical therapy and nontherapeutic scientific experimentation as a means of protecting man from the potential ravages of a zealous application of scientific advances …


Justiciability And Mental Health, Lewis H. Larue Mar 1975

Justiciability And Mental Health, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.


The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham Feb 1975

The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham

Washington Law Review

Since 1957 the courts in most states have moved rapidly toward imposing vicarious liability on a hospital for the torts of employee-physicians. In 1965 the Illinois Supreme Court held that a hospital could be liable for the malpractice of a nonemployee-physician. This comment attempts to describe these trends, to delineate the new rules the courts are applying and to determine the rationale for adopting these new rules. The comment assumes the patient has established that the physician committed malpractice; the only issue addressed is whether the patient can recover from the hospital for his or her injuries. The scope is …


Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum Jan 1975

Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum

Indiana Law Journal

No abstract provided.