Medical Jurisprudence Commons™
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Recent Articles in Medical Jurisprudence
Using Clinical Practice Guidelines And Knowledge Translation Theory To Cure The Negative Impact Of The National Hospital Peer Review Hearing System On Healthcare Quality, Cost, And Access, Katharine Van Tassel 
Pepperdine University
Using Clinical Practice Guidelines And Knowledge Translation Theory To Cure The Negative Impact Of The National Hospital Peer Review Hearing System On Healthcare Quality, Cost, And Access, Katharine Van Tassel
Pepperdine Law Review
According to an estimate by the Institute of Medicine made over a decade ago, treatment errors in hospitals alone caused 98,000 deaths yearly. This Institute of Medicine report is proving to be conservative. A recent Consumer Reports investigation came to the conclusion that “[m]ore than 2.25 million Americans will probably die from medical harm this decade…. That’s like wiping out the entire populations of North Dakota, Rhode Island, and Vermont. It’s a manmade disaster.” Thus, it appears that the three major systems in the United States that are designed to improve the quality of patient ...
Joshua’S Children: Constitutional
Responsibility For Institutionalized
Persons After Deshaney V. Winnebago
County, Susan Stefan 
Washington & Lee University School of Law
Joshua’S Children: Constitutional Responsibility For Institutionalized Persons After Deshaney V. Winnebago County, Susan Stefan
Washington and Lee Law Review
No abstract provided.
Coercion, Consent, Compassion, John D. King Washington & Lee University School of Law
Coercion, Consent, Compassion, John D. King
Washington and Lee Law Review
No abstract provided.
Sheltering Psychiatric Patients From
The Deshaney Storm: A Proposed
Analysis For Determining Affirmative
Duties To Voluntary Patients, Claire Marie Hagan Washington & Lee University School of Law
Sheltering Psychiatric Patients From The Deshaney Storm: A Proposed Analysis For Determining Affirmative Duties To Voluntary Patients, Claire Marie Hagan
Washington and Lee Law Review
No abstract provided.
Economic Analysis Of Medical Malpractice Liability And Its Reform, Jennifer Arlen 
NELLCO
Economic Analysis Of Medical Malpractice Liability And Its Reform, Jennifer Arlen
New York University Law and Economics Working Papers
This Chapter provides an economic analysis of medical error employing a model in which physicians who provide suboptimal medical care may have done so knowingly (as in the traditional model) or accidentally. Accidental medical error is a leading cause of medical negligence: many if not most physicians who provided suboptimal care did not know they were doing so but instead misdiagnosed the patient, unintentionally selected the wrong treatment or erred in treatment provision. Accordingly, in order to promote optimal health care markets, malpractice liability must be structured to both induce physicians to want to provide optimal treatments (when they are ...
Economic Analysis Of Medical Malpractice Liability And Its Reform, Jennifer Arlen NELLCO
Economic Analysis Of Medical Malpractice Liability And Its Reform, Jennifer Arlen
New York University Public Law and Legal Theory Working Papers
This Chapter provides an economic analysis of medical error employing a model in which physicians who provide suboptimal medical care may have done so knowingly (as in the traditional model) or accidentally. Accidental medical error is a leading cause of medical negligence: many if not most physicians who provided suboptimal care did not know they were doing so but instead misdiagnosed the patient, unintentionally selected the wrong treatment or erred in treatment provision. Accordingly, in order to promote optimal health care markets, malpractice liability must be structured to both induce physicians to want to provide optimal treatments (when they are ...
Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes Pepperdine University
Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes
Pepperdine Law Review
No abstract provided.
Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler Pepperdine University
Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler
Pepperdine Law Review
No abstract provided.
Reality Check: How Malpractice Facts Changed Malpractice Liability Theory, Jennifer Arlen NELLCO
Reality Check: How Malpractice Facts Changed Malpractice Liability Theory, Jennifer Arlen
New York University Public Law and Legal Theory Working Papers
Empirical legal studies has transformed economic analysis of malpractice liability. Until recently, economic analysis of malpractice liability has been based on the traditional model of accidents. This model supports the conclusion that malpractice liability may not be needed if health insurers, not physicians, bear treatment costs. Moreover, this analysis implies that even when liability is welfare-enhancing, it need not be mandatory if patients are informed about the costs and benefits of liability. Empirical analysis of medical errors reveals that we cannot rely on the simple model of accidents to analyze optimal malpractice liability because patient safety depends on two different ...
Reality Check: How Malpractice Facts Changed Malpractice Liability Theory, Jennifer Arlen NELLCO
Reality Check: How Malpractice Facts Changed Malpractice Liability Theory, Jennifer Arlen
New York University Law and Economics Working Papers
Empirical legal studies has transformed economic analysis of malpractice liability. Until recently, economic analysis of malpractice liability has been based on the traditional model of accidents. This model supports the conclusion that malpractice liability may not be needed if health insurers, not physicians, bear treatment costs. Moreover, this analysis implies that even when liability is welfare-enhancing, it need not be mandatory if patients are informed about the costs and benefits of liability. Empirical analysis of medical errors reveals that we cannot rely on the simple model of accidents to analyze optimal malpractice liability because patient safety depends on two different ...
Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim Pepperdine University
Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Medical Expert Testimony In Administrative Hearings , Daniel F. Solomon Pepperdine University
Medical Expert Testimony In Administrative Hearings , Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein Pepperdine University
Beyond The Threshold: Wincing At Social Security's Process Of Evaluating Pain , David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander Pepperdine University
Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Case Of Baby Andrew, Peter Singer, Helga Kuhse Pepperdine University
The Case Of Baby Andrew, Peter Singer, Helga Kuhse
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Influencing Nih Policy Over Embryonic Stem-Cell Research: An Administrative Tug-Of-War Between Congress And The President, Scott Davison Pepperdine University
Influencing Nih Policy Over Embryonic Stem-Cell Research: An Administrative Tug-Of-War Between Congress And The President, Scott Davison
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Informed Consent And Psychotherapy: Apples And Oranges In The Garden Of Doctrine, Stephen Hjelt Pepperdine University
Informed Consent And Psychotherapy: Apples And Oranges In The Garden Of Doctrine, Stephen Hjelt
Journal of the National Association of Administrative Law Judiciary
This article explores the development of the doctrine of informed consent, first in medicine and then in the mental health field. It also explores the history of psychotherapy as the primary method of treatment for mental illness and emotional distress. It then analyzes the reasons for the proliferation of new and emerging psychotherapy techniques, even as the doctrine of informed consent became commonplace. This article next proposes a two-fold solution. The first is a newly energized conception of informed consent in the mental health field. The second is the implementation of a regulatory mechanism akin to the Food and Drug ...
Is It The End Of An Era Or The Beginning Of An Error? The American Medical Association Finally Approves Work Hour Limits For Overworked & Sleep Deprived Medical Residents: Should Osha Still Step In?, W. Paige Hren Pepperdine University
Is It The End Of An Era Or The Beginning Of An Error? The American Medical Association Finally Approves Work Hour Limits For Overworked & Sleep Deprived Medical Residents: Should Osha Still Step In?, W. Paige Hren
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis, Kathryn A. Kroggel Pepperdine University
Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis, Kathryn A. Kroggel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Loss Of Chance, Probabilistic Cause, And Damage Calculations: The Error In Matsuyama V. Birnbaum And The Majority Rule Of Damages In Many Jurisdictions More Generally, Robert J. Rhee 
University of Maryland Francis King Carey School of Law
Loss Of Chance, Probabilistic Cause, And Damage Calculations: The Error In Matsuyama V. Birnbaum And The Majority Rule Of Damages In Many Jurisdictions More Generally, Robert J. Rhee
Faculty Scholarship
This short commentary corrects an erroneous understanding of probabilistic causation in the loss-of-chance doctrine and the damage calculation method adopted in Matsuyama v. Birnbaum. The Supreme Judicial Court of Massachusetts is not alone. Many other common law courts have made the same error, including Indiana, Nevada, New Mexico, Ohio, and Oklahoma. The consistency in the mistake suggests that the error is the majority rule of damages. I demonstrate here that this majority rule is based on erroneous mathematical reasoning and the fallacy of probabilistic logic.
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