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- Liability (2)
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- Dandridge v. Williams (1)
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- In re Schuoler (1)
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Articles 1 - 15 of 15
Full-Text Articles in Medical Jurisprudence
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
Will Tort Reform Combat The Medical Malpractice Insurance Availability And Affordability Problems That Virginia's Physicians Are Facing?
Washington and Lee Law Review
No abstract provided.
A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl
A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl
University of Michigan Journal of Law Reform
This Note sets forth a model statute that limits high damage awards, yet will withstand the rigors of judicial scrutiny. After presenting a brief background of the medical malpractice crisis in Part I, Part II outlines the standards of equal protection review that the courts are presently using. The Note then focuses on the constitutional challenges to caps on medical malpractice liability in Part III. Part IV discusses the values and interests that were found to be dispositive in the courts' decisions. Finally, after analyzing the criteria that must be met to ensure that a legislative limitation will survive judicial …
Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack
Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack
University of Michigan Journal of Law Reform
Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general, the tort system's primary responsibility should be compensation, rather than deterrence of risk taking. In so far as the production of goods and services causes injury, such losses should be shared and spread as widely and proportionately as possible. Part II discusses the history and nature of the medical malpractice insurance crisis. Part III evaluates the numerous systemic solutions suggested by various commentators. Finally, Part IV proposes a new solution: first party, no-fault medical maloccurrence insurance (MMI).
Casenotes: Statute Of Limitations — Medical Malpractice — Constitutional Law — Five Year Statute Of Repose On Medical Malpractice Claims That Commences When An Injury Occurs Is Constitutional. Hill V. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985), Nancy E. Leibowitz
University of Baltimore Law Review
No abstract provided.
Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen
Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen
University of Baltimore Law Review
A topic of fervent debate in recent years has been the growing crisis in personal injury liability insurance, particularly in the area of medical malpractice. Insurers, doctors, and lawyers have presented differing theories as to the cause and solution of the problem. In 1986, the Maryland General Assembly sought to resolve the crisis by limiting the amount recoverable for noneconomic damages in a personal injury action to $350,000. Similar provisions in other states have been struck down as unconstitutional. This comment examines the constitutionality of Maryland's noneconomic damages limitation and argues that the damage limitation violates both the state and …
The Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel
The Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel
University of Richmond Law Review
Since its enactment, Virginia's statute limiting medical malpractice awards has spawned questions concerning its constitutionality. In response to the alleged insurance crisis of the 1970's, many state legislatures passed statutes designed to slow the rising costs of liability insurance. With such statutes already enacted in many jurisdictions, the insurance and health care industries claim that another malpractice insurance crisis exists today. While that may be true in some parts of the country and within some medical specialties, the problem originally was not as severe in the state of Virginia. Today, it is still not as severe in Virginia as it …
Substituted Judgment And The Right To Refuse Shock Treatment In Washington: In Re Schuoler, Gregory S. Marshall
Substituted Judgment And The Right To Refuse Shock Treatment In Washington: In Re Schuoler, Gregory S. Marshall
Seattle University Law Review
This Note will first analyze and evaluate two competing decision-making models established in other jurisdictions. The Note will then apply that analysis to Schuoler and critically evaluate that decision. The Note will conclude that while the Washington court follows the more appropriate judicial substituted judgment model, its poor articulation of that model may defeat the purpose of the decision: to protect a mental patient's right to refuse ECT.
The Frustaci Septuplets: Miracle Or Malpractice, Susan Ferguson Slabaugh
The Frustaci Septuplets: Miracle Or Malpractice, Susan Ferguson Slabaugh
Journal of Law and Health
The possibility of imposing such liability has tremendous implications not only for the physician and clinic directly involved, but also for other health care practitioners, health care consumers, and the legal profession, as well. This Note will focus on those implications and proposes a solution to the issues raised by this type of litigation.
Medical Staff Decisions In Private Hospitals: The Role Of Due Process, Thaddeus J. Nodzenski
Medical Staff Decisions In Private Hospitals: The Role Of Due Process, Thaddeus J. Nodzenski
Loyola University Chicago Law Journal
No abstract provided.
Monopsony Power In Health Care Markets: Must The Big Buyer Beware Hard Bargaining?, Jack A. Rovner
Monopsony Power In Health Care Markets: Must The Big Buyer Beware Hard Bargaining?, Jack A. Rovner
Loyola University Chicago Law Journal
No abstract provided.
Baumgartner V. First Church Of Christ, Scientist: Religious Healers' Exemption From Liability, Rebecca Carlins
Baumgartner V. First Church Of Christ, Scientist: Religious Healers' Exemption From Liability, Rebecca Carlins
Loyola University Chicago Law Journal
No abstract provided.
Medicaid's Unhealthy Side Effect: The Financial Burdens On At-Home Spouses Of Institutionalized Recipients, Paul Drizner
Medicaid's Unhealthy Side Effect: The Financial Burdens On At-Home Spouses Of Institutionalized Recipients, Paul Drizner
Loyola University Chicago Law Journal
No abstract provided.
The Constitutionality Of Medical Malpractice Legislative Reform: A National Survey, Larry Stephen Milner M.D., J.D.
The Constitutionality Of Medical Malpractice Legislative Reform: A National Survey, Larry Stephen Milner M.D., J.D.
Loyola University Chicago Law Journal
No abstract provided.