Hard Choices And Deficient Choosers, 2019 Stanford Law School
Hard Choices And Deficient Choosers, Mark Kelman
Northwestern Journal of Law & Social Policy
No abstract provided.
The Ever-Changing Landscape Of Informed Consent And Whether The Obligation To Explain A Procedure To The Patient May Be Delegated, Samuel D. Hodge, Maria Zambrano Steinhaus
Arkansas Law Review
Informed consent is an integral part of the shared decision making process and requires a patient be informed of the benefits, risks and alternatives to a medical procedure. This information, which requirement has been codified into the law and practice of every healthcare provider, helps a patient decide whether to proceed with the recommended treatment plan. Informed consent has its foundation in the ethical notion of patient autonomy and fundamental human rights. After all, it is the patient’s decision to determine what may be done to his or her body and to ascertain the risks and benefits before undertaking ...
Table Of Contents, 2019 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Dr. Tele-Corporation: Bridging The Access-To-Care Gap, 2019 Penn State Dickinson Law
Dr. Tele-Corporation: Bridging The Access-To-Care Gap, Nader Amer
Dickinson Law Review
The United States is currently confronting an access-to-healthcare crisis, which rural regions are experiencing at a disproportionate rate. Many commentators have touted telemedicine as a solution for the access-to-care issue. Telemedicine uses video and telecommunication technology to allow physicians to treat patients from distant locations and thus facilitates a more equal distribution of physicians throughout the United States.
Although the telemedicine industry is quickly growing, the corporate practice of medicine doctrine impedes the industry’s expansion and consequently obstructs a viable solution to the access-to-care crisis. Generally, the corporate practice of medicine doctrine prohibits corporations and limited liability companies from ...
Halted Innovation: The Expansion Of Federal Jurisdiction Over Medicine And The Human Body, 2018 SJ Quinney College of Law, University of Utah
Halted Innovation: The Expansion Of Federal Jurisdiction Over Medicine And The Human Body, Myrisha S. Lewis
Utah Law Review
Modern medical innovations are blurring the line between medical practice and medical devices and drugs. Historically, many techniques have been developed in medicine, without any interference from the federal government, as medical practice is (and has historically been) an area of state jurisdiction. Over the past two decades, however, the U.S. Food and Drug Administration (FDA) has been exerting jurisdiction over the human body and the practice of medicine by targeting new medical techniques for oversight and subjecting the continued use of those treatments to onerous and legally questionable regulatory requirements that hinder the use of those treatments in ...
A Data Set Of Bloodstain Patterns For Teaching And Research In Bloodstain Pattern Analysis: Gunshot Backspatters, 2018 Iowa State University
A Data Set Of Bloodstain Patterns For Teaching And Research In Bloodstain Pattern Analysis: Gunshot Backspatters, Daniel Attinger, Yu Liu, Ricky Faflak, Yalin Rao, Bryce A. Struttman, Kris De Brabanter, Patrick M. Comiskey, Alex L. Yarin
Mechanical Engineering Publications
This is a data set of blood spatter patterns scanned at high resolution, generated in controlled experiments. The spatter patterns were generated with a rifle or a handgun, and different ammunitions. The resulting atomized blood droplets travelled opposite to the bullet direction, generating a gunshot backspatter on a poster board target sheet. Fresh blood with anticoagulants was used; its hematocrit and temperature were measured. Main parameters of the study were the bullet shape, size and speed, and the distance between the blood source and target sheet. Several other parameters were explored in a less systematic way. This new and original ...
"Wrongful Birth" Claims And The Paradox Of Parenting A Child With A Disability, 2018 CUNY School of Law
"Wrongful Birth" Claims And The Paradox Of Parenting A Child With A Disability, Sofia Yakren
Fordham Law Review
“Wrongful birth” is a controversial medical malpractice claim raised by the mother of a child born with a disability against a medical professional whose failure to provide adequate prenatal information denied her the chance to abort. Plaintiff-mothers are required to testify that, but for the defendant’s negligence, they would have terminated their pregnancy. Accordingly, alongside pro-life activists, disability rights advocates have opposed “wrongful birth” claims for stigmatizing and discriminating against people with disabilities by framing their very existence as a harm. Despite plaintiff-mothers’ need for caretaking resources, scholars have recommended solutions ranging from the wholesale elimination of the wrongful ...
Editing Nature: Reconceptualizing Biotechnology Governance, 2018 University of North Carolina School of Law
Editing Nature: Reconceptualizing Biotechnology Governance, Jonas J. Monast
Boston College Law Review
CRISPR-Cas9 (CRISPR) and other advances in gene editing techniques are fostering a rapid evolution within the field of biotechnology. Scientists can now modify the DNA of living organisms with precision by removing undesirable traits or inserting desirable traits. The edits may impact a single organism or result in genetic alterations that are designed to pass on to offspring (referred to as “gene drives”), potentially altering or eradicating an entire species. Prior to the discovery of the CRISPR gene editing process, the state of the technology presented barriers to widespread and precise genetic engineering. CRISPR changes the equation. With fewer technological ...
Medico-Legal Collaboration Regarding The Sex Offender: Othering And Resistance, 2018 Texas A&M University School of Law
Medico-Legal Collaboration Regarding The Sex Offender: Othering And Resistance, Mary Lay Schuster, Brian N. Larson, Amy D. Propen
We examined medico-legal collaboration regarding dangerous sex offenders where state legislators have adopted statutes that determine the criteria for commitment to and discharge from civil commitment programs. The application of these statutes relies on medical diagnoses of pathologies such as paraphilia, anti-social personality disorder, and pedophilia along with prognoses for cure or recidivism. In our study, we examined court opinions from commitment hearings and observed a trial in federal court on the constitutionality of these commitments. We found that one result of this medico-legal collaboration is the marginalization or othering of sex offenders by essentializing, dividing, shaming, and impeaching them ...
Reversal Of Fortune: Moving Pharmaceuticals From Over-The-Counter To Prescription Status?, 2018 Villanova University Charles Widger School of Law
Reversal Of Fortune: Moving Pharmaceuticals From Over-The-Counter To Prescription Status?, Lars Noah
Villanova Law Review
No abstract provided.
Neurohype And The Law: A Cautionary Tale, 2018 University of Pennsylvania Law School
Neurohype And The Law: A Cautionary Tale, Stephen J. Morse
Faculty Scholarship at Penn Law
This chapter suggests that for conceptual, empirical, and practical reasons, neuroscience in general and non-invasive brain imaging in particular are not likely to revolutionize the law and our conception of ourselves, but may make modest contributions to legal policy and case adjudication if the legal relevance of the science is properly understood.
Understanding The Sexual Assault Kit Backlog In Pennsylvania, 2018 Duquesne University
Understanding The Sexual Assault Kit Backlog In Pennsylvania, Kallie Crawford, Lyndsie Ferrara
Graduate Student Research Symposium
According to the FBI, to date, there are more than 400,000 untested sexual assault kits nationwide. While this is a huge issue that cannot be solved overnight, continual improvements and changes are needed to reduce and hopefully eliminate the backlog.
This research examines work going on nationwide and aims to better understand the backlog issues specifically in Pennsylvania. Furthermore, the research examines a program utilized by the law enforcement community that garnered necessary resources. First, a comprehensive review of improved practices in proactive jurisdictions of Ohio, Houston, Texas, and Detroit, Michigan was conducted to identify general policies and procedures ...
Avoiding Prolonged Dementia, 2018 Rutgers Law School - Newark
Avoiding Prolonged Dementia, Norman L. Cantor
Health Care Referrals Out Of The Shadows: Recognizing The Looming Threat Of The Texas Patient Solicitation Act And Other Illegal Remuneration Statutes, Trenton Brown
St. Mary's Law Journal
Medical Negligence Proceedings In Singapore: Instilling A Gentler Touch, 2018 Singapore Management University
Medical Negligence Proceedings In Singapore: Instilling A Gentler Touch, Dorcas Quek Anderson
Research Collection School Of Law
Medical malpractice is an area that traverses a wide range of issues in any society – the qualityand cost of healthcare, the insurance industry, the cost of litigation, the impact on medicalpractice and the heightened emotions arising from injuries or even loss of lives. Evidently, thequestion of compensation for medical malpractice impinges on each of these challenges. Likemany countries, Singapore has been grappling with these issues through implementing variousreforms in the legal and healthcare sectors. Although compensation has historically beenobtained through legal proceedings in the Singapore courts, there is a growing shift towardsadopting a much gentler touch to deal with the ...
Informed Consent And The Role Of The Treating Physician, 2018 University of Pennsylvania Law School
Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe
Faculty Scholarship at Penn Law
In the century since Justice Benjamin N. Cardozo famously declared that “[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body,” informed consent has become a central feature of American medical practice. In an increasingly team-based and technology-driven system, however, who is — or ought to be — responsible for obtaining a patient’s consent? Must the treating physician personally provide all the necessary disclosures, or can the consent process, like other aspects of modern medicine, take advantage of specialization and division of labor? Analysis of Shinal v. Toms ...
Amicus Brief, Lebron V. Gottlieb Memorial Hospital, 2018 Duke University Law School
Amicus Brief, Lebron V. Gottlieb Memorial Hospital, Neil Vidmar, Tom Baker, Ralph L. Brill, Martha Chamallas, Stephen Daniels, Thomas A. Eaton, Theodore Eisenberg, Neal R. Feigenson, Lucinda M. Finley, Marc Galanter, Valerie P. Hans, Michael Heise, Edward J. Kionka, Thomas H. Koenig, Herbert M. Kritzer, David I. Levine, Nancy S. Marder, Joanne Martin, Frank M. Mcclellan, Deborah Jones Merritt, Philip G. Peters, Jr., James T. Richardson, Charles Silver, Richard W. Wright
Nancy S. Marder
Illinois Public Act 82-280, § 2-1706.5, as amended by P.A. 94-677, § 330 (eff. Aug. 25, 2005), and as codified as 735 ILCS 5/2-1706.5(a), imposes a $500,000 “cap” on the noneconomic damages that may be awarded in a medical malpractice suit against a physician or other health care professional, and a $1 million “cap” on the noneconomic damages that may be awarded against a hospital, its affiliates, or their employees.
This brief will address two of the questions presented for review by the parties:
1. Does the cap violate the Illinois Constitution’s prohibition on “special ...
Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, 2018 University of San Diego
Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell
San Diego International Law Journal
Once relegated to the domains of science fiction, modern day scientists and researchers are poised on the precipice of making genome editing clinically available. Once introduced into a clinical setting the effects of an off-target mutation or germline edit will remain largely unknown until health issues arise later in life or in the following generation. The novelty of the injuries that will arise require a system that is able to balance the interests of physicians with single and multi-generational plaintiffs, while providing a realistic framework for courts to follow. This comment offers a brand-new context that accounts for these needs ...
Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, 2018 William & Mary Law School
Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, Nathan B. Oman
Each year, thousands of people in the United States die from end stage renal disease (ESRD), despite the fact that we have the medical knowledge necessary to save them. The reason is simple: these people need a kidney transplant and we have too few kidneys. Given our current technology, the only way to meet the massive annual shortfall between the number of kidneys that are donated and the number of kidneys that are necessary to save the lives of those with ESRD is to increase the number of living donations. The debate on how to do so has often pitted ...
The Burgeoning “Biorights Movement”: Its Legal Basis, What’S At Stake, And How To Respond, 2018 Boston College Law School
The Burgeoning “Biorights Movement”: Its Legal Basis, What’S At Stake, And How To Respond, Mark A. Hayden
Boston College Law Review
The advent of genetic and genomic technologies has the power to transform the understanding, prevention, and treatment of disease on a scale unprecedented in modern medicine. The promise of the era of precision medicine risks being tempered by the emergence of what is increasingly being referred to as the “biorights movement.” Of particular concern is the growing trend of individuals refusing to contribute their biological material to research studies absent some form of monetary compensation. Recently announced, but yet to be implemented, regulations seek to mitigate some of the potentially harmful and progress-impeding positions advanced by the biorights movement. The ...