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Medical Jurisprudence Commons

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Journal

2004

Discipline
Institution
Keyword
Publication

Articles 1 - 15 of 15

Full-Text Articles in Medical Jurisprudence

An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper May 2004

An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper

BYU Law Review

No abstract provided.


Why Don't Doctors & Lawyers (Strangers In The Night) Get Their Act Together?, Frances H. Miller May 2004

Why Don't Doctors & Lawyers (Strangers In The Night) Get Their Act Together?, Frances H. Miller

Michigan Law Review

Health care in America is an expensive, complicated, inefficient, tangled mess - everybody says so. Patients decry its complexity, health care executives bemoan its lack of coherence, physicians plead for universal coverage to simplify their lives so they can just get on with taking care of patients, and everyone complains about health care costs. The best health care in the world is theoretically available here, but we deliver and pay for it in some of the world's worst ways. Occam's razor ("Among competing hypotheses, favor the simplest one") is of little help here. There are no simple hypotheses - everything …


Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson May 2004

Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson

Michigan Law Review

Nearly 170 years ago, in the classic first volume of his Democracy in America, Alexis de Tocqueville observed, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." De Tocqueville viewed this as a peculiarly U.S. development. He attributed it to the authority of the judiciary in the United States to review governmental enactments and establish individual rights based on judicial interpretation of the federal and state constitution. "Whenever a law that the judge holds to be unconstitutional is invoked in a tribunal of the United States, he may …


The Ada And Tennessee's Sovereign Immunity Crawl Into The Supreme Court, Mary E. O'Malley Jan 2004

The Ada And Tennessee's Sovereign Immunity Crawl Into The Supreme Court, Mary E. O'Malley

Public Interest Law Reporter

No abstract provided.


Organ Transplants Are Becoming A Possibility For Hiv Patients, Michelle Lammers Jan 2004

Organ Transplants Are Becoming A Possibility For Hiv Patients, Michelle Lammers

Public Interest Law Reporter

No abstract provided.


Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams Jan 2004

Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams

Washington and Lee Law Review

No abstract provided.


Australia's "Most Extreme Case": A New Alternative For U.S. Medical Malpractice Liability Reform, Steven T. Masada Jan 2004

Australia's "Most Extreme Case": A New Alternative For U.S. Medical Malpractice Liability Reform, Steven T. Masada

Washington International Law Journal

The United States currently confronts a severe increase in medical costs and a simultaneous decrease in the availability of health care services. A nearly identical situation recently emerged in the Commonwealth of Australia. This phenomenon, often labeled the "medical malpractice crisis," results in part from an increasing litigious trend spurred on by the appeal of potentially enormous damage awards. More lawsuits filed and increased award amounts raise the liability of health care providers and generate uncertainty in the medical malpractice insurance market. This in turn drives up the costs of insurance policy premiums and ultimately forces health care providers to …


When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette Jan 2004

When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette

Indiana Law Journal

No abstract provided.


A Quantitative Methodology For Determining The Need For Exposure-Prompted Medical Monitoring, Christopher P. Guzelian, Bruce E. Hillner, Philip S. Guzelian Jan 2004

A Quantitative Methodology For Determining The Need For Exposure-Prompted Medical Monitoring, Christopher P. Guzelian, Bruce E. Hillner, Philip S. Guzelian

Indiana Law Journal

Some toxic exposures to drugs or other environmental chemicals may create an increased risk of future disease for which periodic preventive medical screening might be desirable. However, many of these risks, even if unacceptable as a matter of public health policy, might still not be significant enough for medical monitoring (periodic diagnostic screening for latent illnesses or medical conditions) to be an appropriate medical intervention. This somewhat unintuitive, but statistically certain, conclusion can be demonstrated in relatively simple mathematical terms. Accordingly, we introduce Bayes's Rule and decision analysis, a quantitative methodology commonly employed by medical practitioners. A review of current …


Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd Jan 2004

Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd

UIC Law Review

No abstract provided.


Litigating Medical Malpractice Cases In Oklahoma: The Aftermath Of Hipaa, Melissa A. Couch Jan 2004

Litigating Medical Malpractice Cases In Oklahoma: The Aftermath Of Hipaa, Melissa A. Couch

Oklahoma Law Review

No abstract provided.


A Review Of Oklahoma's 2003 And 2004 Tort Reform, Beth Reynolds Jan 2004

A Review Of Oklahoma's 2003 And 2004 Tort Reform, Beth Reynolds

Oklahoma Law Review

No abstract provided.


Civil Procedure: Medical Malpractice Gets Eerie: The Erie Implications Of A Heightened Pleading Burden In Oklahoma, Dace A. Caldwell Jan 2004

Civil Procedure: Medical Malpractice Gets Eerie: The Erie Implications Of A Heightened Pleading Burden In Oklahoma, Dace A. Caldwell

Oklahoma Law Review

No abstract provided.


On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor Jan 2004

On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor

Michigan Law Review

Tens - perhaps hundreds - of thousands of trees could have been spared over the last forty-five years had opponents of physician-assisted death only been content to let Yale Kamisar be their exclusive spokesperson. Their movement would have lost no significant substance or persuasive force, for Kamisar's 1958 article - Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation - presaged the shape and content of the subsequent forty-five year debate over legalizing physician-assisted death ("PAD" ). Kamisar's article preceded by years the development of a whole jurisprudence relating to the withholding/withdrawing of life-sustaining medical treatment ("LSMT") and the administration of pain-relief …


In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie Jan 2004

In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie

Washington and Lee Law Review

No abstract provided.