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Articles 2251 - 2280 of 2795
Full-Text Articles in Medical Jurisprudence
The Right To Die: Florida Breaks Through Legal Deadlock, Bridget Ann Berry
The Right To Die: Florida Breaks Through Legal Deadlock, Bridget Ann Berry
Florida State University Law Review
No abstract provided.
Medicare Prospective Payment: A Quiet Revolution, J. Timothy Philipps, Don E. Wineberg
Medicare Prospective Payment: A Quiet Revolution, J. Timothy Philipps, Don E. Wineberg
West Virginia Law Review
No abstract provided.
Tort Liability Of Institutional Review Boards, Linda Bordas
Tort Liability Of Institutional Review Boards, Linda Bordas
West Virginia Law Review
No abstract provided.
The Legislative Response To Infant Doe, Abigail Lawlis Kuzma
The Legislative Response To Infant Doe, Abigail Lawlis Kuzma
Indiana Law Journal
No abstract provided.
The Medical Staff Privileges Problem In Florida, Thomas Katheder
The Medical Staff Privileges Problem In Florida, Thomas Katheder
Florida State University Law Review
No abstract provided.
Standard For Informed Consent Determined By Disclosure Which Would Influence A Reasonable Patient To Consent Rather Than What A Physician Of The Same Of Similar Community Would Have Disclosed Under Similar Circumstances., Merton M. Minter Iii
St. Mary's Law Journal
Abstract Forthcoming.
Severe Neurological Impairment: Legal Aspects Of Decisions To Reduce Care, H. Richard Beresford
Severe Neurological Impairment: Legal Aspects Of Decisions To Reduce Care, H. Richard Beresford
Cornell Law Faculty Publications
Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain (“brain death”). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents …
Damages For Wrongful Birth And Wrongful Pregnancy In Illinois, Regina Goulding Paul
Damages For Wrongful Birth And Wrongful Pregnancy In Illinois, Regina Goulding Paul
Loyola University Chicago Law Journal
No abstract provided.
A Statewide Standard Of Care In Medical Malpractice Cases - We're Shoveling Smoke, Thomas J. Harlan Jr.
A Statewide Standard Of Care In Medical Malpractice Cases - We're Shoveling Smoke, Thomas J. Harlan Jr.
University of Richmond Law Review
A month before his death, Judge Learned Hand, in an interview with a young Life magazine reporter, was asked how he felt after his long and illustrious career on the bench in which his opinions were adopted by the United States Supreme Court, cited in major law schools throughout the country, hailed as legally incisive and brilliant, and being viewed himself as a trendsetter in legal thinking. Judge Hand replied: "'I've spent a lifetime of utter drudgery, shoveling smoke . . .'"
Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird
Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird
University of Richmond Law Review
In recent years, the rapid expansion of knowledge in the field of molecular genetics resulting from the use of recombinant DNA (rDNA) techniques has been unprecedented. The expanded knowledge scientists have acquired through rDNA techniques has precipitated conspicuous breakthroughs in biomedical research involving the manipulation of human genetic material to diagnose and treat human disorders. Application of this research may soon affect all aspects of our lives. However, this newly-acquired ability to manipulate human genes raises broad ethical and legal questions. The issues raised by rDNA research are dissimilar to earlier questions regarding the use of genetically-engineered microorganisms in the …
Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick
Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick
University of Richmond Law Review
As the elderly population increases and medical costs skyrocket, federal and state governments feel increasing pressures to diminish drains on government treasuries caused by the provision of medical care to the elderly. One possible solution would be to require children to shoulder more of the costs of caring for their parents than they already bear as federal and state taxpayers. This article examines this approach and suggests that such a policy is contrary to both federal and state laws.
Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl
Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl
University of Richmond Law Review
The standard of care in a medical negligence action represents the duty which the defendant physician, nurse, hospital or other health care provider owes to the patient. In Virginia, it is that degree of care and skill possessed by the reasonably prudent practitioner of the same specialty in this state. This standard is an elusive one at best. While learned treatises and journal articles assist in determining the standard, in practice the plaintiff offers experts who state, based on their knowledge, training, and experience that the standard of care requires the defendant to provide a particular type of care which …
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Law Faculty Articles and Essays
Thirty years have passed since the discovery of Thorazine, a neuroleptic drug, and the drugging of American state mental patients has become commonplace. Part I distinguishes between two approaches to remedy--"structural" and "atomistic"--and, as a basis for testing the two, describes a state hospital's handling of the most serious drug side effect. This account also provides a sense of the dimensions of the drugging problems in state hospitals. Part II explores a family of atomistic remedies. These would address drugging problems by seeking to ensure that state doctors are knowledgeable about drugs and/or reasonably careful in administering them. I reject …
A Structural Analysis Of The Physician-Patient Relationship In No-Code Decision-Making, Dean M. Hashimoto
A Structural Analysis Of The Physician-Patient Relationship In No-Code Decision-Making, Dean M. Hashimoto
Dean M. Hashimoto
No abstract provided.
Convicting Or Confining? Alternative Directions In Insanity Law Reform: Guilty But Mentally Ill Versus New Rules For Release Of Insanity Acquittees, Donald H. Hermann
Convicting Or Confining? Alternative Directions In Insanity Law Reform: Guilty But Mentally Ill Versus New Rules For Release Of Insanity Acquittees, Donald H. Hermann
BYU Law Review
No abstract provided.
Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law
Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law
West Virginia Law Review
No abstract provided.
Doctors' Maximum Fee Plan Is Unlawful Per Se Under Section 1 Of The Sherman Act: Arizona V. Maricopa County Medical Society, Craig L. Taylor
Doctors' Maximum Fee Plan Is Unlawful Per Se Under Section 1 Of The Sherman Act: Arizona V. Maricopa County Medical Society, Craig L. Taylor
BYU Law Review
No abstract provided.
Medical Malpractice Statute Which Prevents Tolling Of Limitations During Infancy Violates Due Process Clause Of Texas Constitution., Christopher J. Volkmer
Medical Malpractice Statute Which Prevents Tolling Of Limitations During Infancy Violates Due Process Clause Of Texas Constitution., Christopher J. Volkmer
St. Mary's Law Journal
Abstract forthcoming.
A Maternal Duty To Protect Fetal Health, Susan R. Weinberg
A Maternal Duty To Protect Fetal Health, Susan R. Weinberg
Indiana Law Journal
No abstract provided.
Medical Malpractice In Florida: A Prescription For Change, B. Richard Young
Medical Malpractice In Florida: A Prescription For Change, B. Richard Young
Florida State University Law Review
No abstract provided.
Retailing Human Organs Under The Uniform Commercial Code, 16 J. Marshall L. Rev. 393 (1983), David E. Chapman
Retailing Human Organs Under The Uniform Commercial Code, 16 J. Marshall L. Rev. 393 (1983), David E. Chapman
UIC Law Review
No abstract provided.
The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy
The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy
University of Richmond Law Review
The right to die with dignity is a controversial issue. In the absence of legislative guidance, court intervention is often necessary to protect a patient's right to the privacy of his own body. At the same time, courts must protect the state's interests in the preservation of life, the protection of innocent third parties, the prevention of suicide, and the ethical integrity of the medical profession.
In Virto Fertilization: Hope For Childless Couples Breeds Legal Exposure For Physicians, Margaret I. Lane, Susan Cross Bolton, Rose M. Alexander
In Virto Fertilization: Hope For Childless Couples Breeds Legal Exposure For Physicians, Margaret I. Lane, Susan Cross Bolton, Rose M. Alexander
University of Richmond Law Review
The recent successes with in vitro or extracorporeal fertilization ("IVF") in both England" and the United States have led to increased interest in this new medical technique. For a large number of women, IVF represents the most promising opportunity for reproduction. This breakthrough makes it possible for infertile couples to experience for the first time the joys of natural parenthood that fertile or "normal" couples take for granted. Pioneers in the field are therefore to be commended for their work. Unfortunately, like other innovative medical services, the IVF procedures also breed legal concerns which will demand resolution in the not-so-distant …
Physician's Negligence Giving Rise To The Birth Of A Healthy But Unplanned Child: A Summary Of Damages Recoverable By The Parents, Kenneth F. Hardt
Physician's Negligence Giving Rise To The Birth Of A Healthy But Unplanned Child: A Summary Of Damages Recoverable By The Parents, Kenneth F. Hardt
University of Richmond Law Review
The decision to undergo a sterilization operation or an abortion is the result of considering many complex emotional and financial factors. The operation may be sought to avoid potential health risks associated with childbirth, or it may be sought to avoid the financial stress a new child will place on the family unit. Regardless of the rationale underlying the decision, the individual will require medical assistance. In some situations, however, this medical assistance is negligently performed, and the result may be the birth of a healthy but unplanned child.
A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows
A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows
University of Richmond Law Review
The decade of the 1970's saw an increase of crisis proportions in the number of medical malpractice claims, and this crisis has lingered into the 1980's. Furthermore, lawyers, architects, engineers, accountants, and other professionals are becoming increasingly aware that malpractice litigation has not been limited to attacks on health care practitioners.
Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel
Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel
Fordham Urban Law Journal
Damage awards in medical malpractice cases have risen steadily in New York state courts over the past ten years. This increase has resulted in higher medical insurance premiums, which insured physicians pass along in higher prices to health care consumers. There are several theories as to why increased damages has occurred, but few legislative actions have deterred the process. Ultimately, this Note proposes reform in the tort/litigation/insurance system.
The Concept Of Person In The Law, Charles Baron
The Concept Of Person In The Law, Charles Baron
Charles H. Baron
The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Charles H. Baron
While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.
Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson
Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson
University of Miami Law Review
No abstract provided.
For Everything There Is A Season: The Right To Die In The United States, Richard Sherlock
For Everything There Is A Season: The Right To Die In The United States, Richard Sherlock
BYU Law Review
No abstract provided.