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Articles 1 - 14 of 14
Full-Text Articles in Medical Jurisprudence
Passport To Plastics: Cosmetic Surgery Tourism, Medical Malpractice, And The Automatic Establishment Of Personal Jurisdiction By Way Of The Joint Commission International, Elizabeth Astrup
Indiana Journal of Global Legal Studies
For centuries, tourists have visited lands near and far in search of experiences unavailable in their home countries. From golfing the best courses in the world, to yoga retreats in remote locations, many tourist activities provide experiential opportunities along with health and wellness benefits. Currently, an increasing number of individuals are opting to cross international borders to receive medical treatments, often at reduced costs. While many scholars use the term health tourism to encompass all health and wellness travel purposes, this note uses the term medical tourism to distinguish tourism for the specific purpose of medical treatments or procedures. Medical …
The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon
The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon
NYLS Law Review
No abstract provided.
Rights Gone Wrong: A Case Against Wrongful Life, W. Ryan Schuster
Rights Gone Wrong: A Case Against Wrongful Life, W. Ryan Schuster
William & Mary Law Review
No abstract provided.
Everything You Wanted To Know About Breast Augmentation Surgery But Were Afraid To Ask: A Medical - Legal Overview, Samuel D. Hodge, Marshall G. Miles, James B. Pancio
Everything You Wanted To Know About Breast Augmentation Surgery But Were Afraid To Ask: A Medical - Legal Overview, Samuel D. Hodge, Marshall G. Miles, James B. Pancio
Florida A & M University Law Review
This article will provide a medical/legal perspective to breast augmentation surgery. Written by an attorney who teaches anatomy and a plastic surgeon who routinely performs the procedure, it will initially offer a medical analysis of how the procedure is performed along with its attendant risks. The second part will focus on the court cases and legal theories that have arisen when things go wrong. The article will explain the convoluted litigation history involving breast augmentation when suits were common place and a group of experts linked breast implants to the development of autoimmune disease without any real scientific basis to …
Is It Time To Adopt A No-Fault Scheme To Compensate Injured Patients?, Elaine Gibson
Is It Time To Adopt A No-Fault Scheme To Compensate Injured Patients?, Elaine Gibson
Articles, Book Chapters, & Popular Press
The tort system is roundly indicted for its inadequacies in providing compensation in response to injury. More egregious is its response to injuries incurred due to negligence in the provision of healthcare services specifically. Despite numerous calls for reform, tort-based compensation has persisted as the norm to date. However, recent developments regarding physician malpractice lead to consideration of the possibility of a move to “no-fault” compensation for healthcare-related injuries. In this paper, I explore these developments, examine programs in various foreign jurisdictions which have adopted no-fault compensation for medical injury, and discuss the wisdom and feasibility of adopting an administratively-based …
Piroozi V. Eighth Jud. Dict. Ct., 131 Nev. Adv. Op. 100 (Dec. 31, 2015), Jessie Folkestad
Piroozi V. Eighth Jud. Dict. Ct., 131 Nev. Adv. Op. 100 (Dec. 31, 2015), Jessie Folkestad
Nevada Supreme Court Summaries
Real parties in interest, Hurst and Abbington sought and obtained a pretrial order from the district court barring petitioners, Dr. Piroozi and Dr. Blahnik, from arguing comparative fault of settled defendants at trial and including those defendants’ names on the verdict forms. In granting the Writ of Mandamus filed by the petitioners, the Supreme Court of Nevada resolved a conflict between NRS 41.141(3) and NRS 41A.045, holding that NRS 41A.045 preempts NRS 41.141(3) and entitles a defendant to argue the percentage of fault of settled defendants at trial and to include the settled defendant’s names on the jury verdict form.
Affordable Care And Medical Malpractice--How Two Broken Health Care Systems Will Only Get Worse Without Better Compromise, Heather N. Seigler
Affordable Care And Medical Malpractice--How Two Broken Health Care Systems Will Only Get Worse Without Better Compromise, Heather N. Seigler
Heather N Seigler
Abstract When the Affordable Care Act was initially proposed, critics initially attacked the idea as “socialist,” damaging to small businesses, a proponent of big government, etc. Supporters have celebrated the Affordable Care Act’s passing and further celebrated when the United States Supreme Court upheld the constitutionality of the Affordable Care Act in a landmark decision last term. While attention has been placed on the general fears regarding the consequences of government healthcare and its effect on the medical field (both founded and unfounded), insufficient attention has been paid to how the Affordable Care Act will affect the legal community. In …
Medical Malpractice From A Surgeons Surgical Instruments, Andre77 S. Brown
Medical Malpractice From A Surgeons Surgical Instruments, Andre77 S. Brown
andre77 S Brown
Hello, My name is Andre Brown and I’m a medical researcher for HNM Medical. I’ve written an article about medical malpractice that I would like to share you to post on your site. You may have full reprint rights to this article as long as you include the 3 links with do follow attributes that I have included in the body. - Please see the attachment for the article
Boehner’S Big Gift To The Drug Industry, Joanne Doroshow
Boehner’S Big Gift To The Drug Industry, Joanne Doroshow
Other Publications
No abstract provided.
New Differences Between Negligence And Strict Liability And Their Implications On Medical Malpractice Reform, Noam Sher
ExpressO
The present article seeks to explore previously undiscussed differences between the negligence and strict liability rules and thereby examine the required medical liability reform, if such reform is indeed required. Our main thesis is that negligence as a basis for liability entails a unique mechanism, which is essentially different than the strict liability mechanism, and is more efficient for several reasons, related to the legal function of resolving partial information problems which cause partial failure in the healthcare market. Among other things, the negligence mechanism (1) motivates the parties to a potential damages claim to invest in information gathering; (2) …
The Medical Malpractice Explosion: An Empirical Assessment Of Trends, Determinants, And Impacts, Michael J. Trebilcock, Donald N. Dewees, David G. Duff
The Medical Malpractice Explosion: An Empirical Assessment Of Trends, Determinants, And Impacts, Michael J. Trebilcock, Donald N. Dewees, David G. Duff
All Faculty Publications
This article briefly describes trends in the frequency and severity of medical malpractice claims in Canada and the U.S., with some comparative references to trends in Britain and Australia. In all cases, frequency and severity rates appear to have risen quite dramatically over the past decade and a half. The article proceeds to explore various hypotheses that might explain these trends. While empirical analysis does not yield firm conclusions, the fact that so many jurisdictions have experienced a somewhat similar phenomenon makes it doubtful that the primary cause of the increase is likely to be idiosyncratic features of one particular …
Medical Practice--The Line Between Malpractice And Negligence, Fred L. Fox Ii
Medical Practice--The Line Between Malpractice And Negligence, Fred L. Fox Ii
West Virginia Law Review
No abstract provided.
The Law Of Medical Malpractice In West Virginia, Hale J. Posten
The Law Of Medical Malpractice In West Virginia, Hale J. Posten
West Virginia Law Review
A phase of the field of civil law which seldom comes within the experience of the average practitioner concerns itself with the negligence of physicians and surgeons in the practice of their profession, which is classified under the broad general term of malpractice. As the practice of medicine in its various branches tends to become a business rather than a personal relation, and the paternal position of the family physician faces into the limbo of forgotten things, it is likely that actions against doctors for their acts of negligence in the exercise of their art will become more, rather than …
Tort--Physician's Liability For Abandoning Patient, Harriet L. French
Tort--Physician's Liability For Abandoning Patient, Harriet L. French
West Virginia Law Review
No abstract provided.