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Full-Text Articles in Torts
God V. The Mitigation Of Damages Doctrine: Why Religion Should Be Considered A Pre-Existing Condition, Jennifer Parobek
God V. The Mitigation Of Damages Doctrine: Why Religion Should Be Considered A Pre-Existing Condition, Jennifer Parobek
Journal of Law and Health
According to the 2004-2005 United States Census Bureau Statistical Abstract of the United States, Americans identify with at least thirty-five different self-described Christian religious groups. Of those Christian groups, there are at least four that have special tenets regarding medical treatment that are central to their religious beliefs. Together, members of the Jehovah's Witnesses, Church of God, Pentecostal Free Will Baptist Church, and Christian Science Church constitute slightly more than four-and-a-half percent of the United State's total population. . . Unfortunately, even though the First Amendment of the United States Constitution was designed on our founders' beliefs that religious freedom …
The Doctor Will E-Mail You Now: Physicians' Use Of Telemedicine To Treat Patients Over The Internet, Lisa Rannefeld
The Doctor Will E-Mail You Now: Physicians' Use Of Telemedicine To Treat Patients Over The Internet, Lisa Rannefeld
Journal of Law and Health
This article examines the problems currently associated with the practice of telemedicine and suggests that the best solution for this particular field of medicine is a national standard of care. This article also suggests that the Food and Drug Administration's (FDA) current functions are easily expandable to the telemedicine context; therefore, the agency should regulate the implementation of such a standard in the telemedicine field. This article proposes that the FDA use medical practice guidelines in developing the applicable standard. Other agencies, such as the American Medical Association (AMA) and other website alliances, could also aid the FDA in implementing …
Wrongful Birth And Wrongful Conception: A Parent's Need For A Cause Of Action, Mary B. Sullivan
Wrongful Birth And Wrongful Conception: A Parent's Need For A Cause Of Action, Mary B. Sullivan
Journal of Law and Health
The purpose of this note is to demonstrate the need for wrongful birth and wrongful conception claims. Arguments have been made that these claims should be combined into one cause of action. The rationale for this argument is that by combining the two claims, chaos in the courts will be reduced. This note will show the need to maintain these claims as separate from one another. This note also demonstrates the proper stance of the courts in rejecting the wrongful life cause of action. Part II of this note gives an overview of medical malpractice and the claims of wrongful …
Tis Better To Give Than To Receive: Charitable Donations Of Medical Malpractice Punitive Damages, Nicholas M. Miller
Tis Better To Give Than To Receive: Charitable Donations Of Medical Malpractice Punitive Damages, Nicholas M. Miller
Journal of Law and Health
The purpose of this Note is not to answer the question of how excessive medical malpractice and punitive damage awards are. Many highly respected scholars on different sides of the issue have spent large portions of their careers trying to resolve that issue without finding a common ground. This author does not boldly claim to provide an answer in this limited forum. This Note does, however, address a possible source of public frustration with the state of medical malpractice and punitive damages: the lack of a principled basis for the awards that juries give to the victims. The perception among …
Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan
Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan
Journal of Law and Health
This article attempts to reconcile the competing purposes of the MDA, and to offer one alternative to effectuate Congress' purposes without preempting some claims and permitting others. First, this article will describe the arrangement of the MDA, including the classification provisions for medical devices and the preemption provision of the MDA. Next, this article will interpret the caselaw regarding preemption in general, and specifically preemption of state tort claims by the MDA. Finally, this article seeks to reconcile two competing purposes of Congress in enacting the MDA through implied preemption of state tort claims, with exceptions for devices which have …
Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin
Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin
Journal of Law and Health
This article will review the societal and individual costs of the present medical malpractice system, analyze current efforts to reform the system, and propose several alternatives for consideration. These alternatives include expanding the use of alternative dispute resolution, reformulating the doctor/patient relationship, expanding the scope of conventional hospital risk management and modifying the manner in which medical malpractice insurance is presently provided.
Recovery Of Limited Damages In Wrongful Pregnancy Action: Johnson V. University Hospitals Of Cleveland, Liza F. Cohen
Recovery Of Limited Damages In Wrongful Pregnancy Action: Johnson V. University Hospitals Of Cleveland, Liza F. Cohen
Journal of Law and Health
The birth of a healthy, normal child in American society is generally considered a "blessed event." This is not always so when the pregnancy is unwanted or unplanned. Joy is not always followed by the birth of a child whose mother's pregnancy resulted from a failed sterilization or a failed abortion because of a physician's negligent act. The abortion or sterilization may have been sought because of the fear that a pregnancy would result in a child who might threaten the mother's physical wellbeing or would put a financial strain on the family. Such negligence on the part of a …
Liability For Post-Transfusion Aids: An Analysis And Proposal, Lawrence K. English
Liability For Post-Transfusion Aids: An Analysis And Proposal, Lawrence K. English
Journal of Law and Health
The nature of the acquired immune deficiency syndrome (AIDS) epidemic and the methods used to protect the blood supply from contamination by the AIDS virus indicate that an increasing number of actions seeking recovery for post-transfusion infection may reach the courts in the next decade. The theories under which plaintiffs usually seek relief for transfusion-related infection - e.g., negligence or strict liability - lead to complex factual, procedural, and public policy problems which do not readily lend themselves to consistent, just adjudication.
Periodic Payment Awards: The Prescription For The Medical Malpractice Crisis In Ohio, Laurie G. Steiner
Periodic Payment Awards: The Prescription For The Medical Malpractice Crisis In Ohio, Laurie G. Steiner
Journal of Law and Health
The focus of this article is the use of periodic payment plans generally as a remedy to the medical malpractice crisis. A complete understanding of the periodic payment judgment, however, is impossible without an exploration of the general common law treatment of personal injury and medical malpractice awards. Once the historical background is established, this article will examine Ohio's new statute in light of the Model Periodic Payment of Judgments Act and the law existing in other jurisdictions. This article will also analyze the advantages of the periodic payment and its viability as a solution for the medical malpractice crisis.