Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Autonomy (1)
- Battery (1)
- Coherence (1)
- Confidentiality (1)
- Cross-disciplinary study (1)
-
- Damages (1)
- Expectations of privacy (1)
- Health law (1)
- Interdisciplinary study (1)
- Jurisprudence (1)
- Legal education. reductionism (1)
- Life-sustaining treatment (1)
- Living wills (1)
- Medical ethics (1)
- Negligence (1)
- Patient rights (1)
- Privacy (1)
- Public health (1)
- Relativity (1)
- Right to refuse treatment (1)
- Wrongful life (1)
Articles 1 - 3 of 3
Full-Text Articles in Medical Jurisprudence
Compliance With Advance Directives: Wrongful Living And Tort Law Incentives, Holly Fernandez Lynch, Michele Mathes, Nadia N. Sawicki
Compliance With Advance Directives: Wrongful Living And Tort Law Incentives, Holly Fernandez Lynch, Michele Mathes, Nadia N. Sawicki
All Faculty Scholarship
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 …
Health Law’S Coherence Anxiety, Theodore Ruger
Health Law’S Coherence Anxiety, Theodore Ruger
All Faculty Scholarship
Academic health law is often said to suffer from a "law of the horse" problem, or, more particularly, to lack various dimensions of theoretical coherence. In conventional legal academic discourse, the "coherence" ideal prioritizes a cluster of attributes, all of which health law lacks: sparse conceptual singularity, a reductionist focus on particular legal forms, institutional centralization, and historical determinism and orderly development of a legal field. Health law is a singularly poor fit with this traditional model of field coherence. It is a mishmash of various legal forms, applied by divergent and often colliding institutions, and has developed much more …
Confidentiality: An Expectation In Health Care, Anita L. Allen
Confidentiality: An Expectation In Health Care, Anita L. Allen
All Faculty Scholarship
The practice of confidentiality has continued in an era of increased, voluntary openness about medical information in everyday life. Indeed the number and variety of state and federal laws mandating confidentiality by medical professionals has increased in the last dozen years. Moreover, personal injury suits alleging breach of confidentiality or invasion of privacy, along with suits asserting evidentiary privileges, reflect the reality that expectations of confidentiality of medical records and relationships remain strong.