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Expert Testimony And Professional Licensing Boards: What Is Good, What Is Necessary, And The Myth Of The Majority-Minority Split, Timothy P. McCormack 2018 University of Maine School of Law

Expert Testimony And Professional Licensing Boards: What Is Good, What Is Necessary, And The Myth Of The Majority-Minority Split, Timothy P. Mccormack

Maine Law Review

Defendants regularly argue that a Review Board's decision must be overturned because it is not supported by expert testimony. Boards counter that they are qualified, by virtue of their role as the guardians of the standards for their profession, to determine the appropriateness of a defendant's conduct without the assistance of expert testimony. When courts address these arguments, they routinely ask if expert testimony is necessary to establish the standard of care in disciplinary hearings before a professional licensing board. Courts answer this question differently. In fact there is a seeming schism among the states about the importance ...


Latent Medical Errors And Maine's Statute Of Limitations For Medical Malpractice: A Discussion Of The Issues, Kathryn M. Kendall 2018 University of Maine School of Law

Latent Medical Errors And Maine's Statute Of Limitations For Medical Malpractice: A Discussion Of The Issues, Kathryn M. Kendall

Maine Law Review

Each year in the United States, between 44,000 and 98,000 hospitalized patients die as a result of medical errors. Nearly a third of such errors are caused by negligence. Although most of these negligent mistakes become apparent to patients or their families shortly after they occur, a few remain undiscoverable for an extended length of time. When medical errors lead to the misdiagnosis of diseases with long latency periods, patients may be delayed in obtaining appropriate treatment. Nonetheless, in Maine, because medical malpractice actions are governed by a strict occurrence-based statute of limitations as opposed to a limitations ...


The Price Tag On Designer Babies: Market Share Liability, Boston College Law Review Staff 2018 Boston College Law School

The Price Tag On Designer Babies: Market Share Liability, Boston College Law Review Staff

Boston College Law Review

The prospect of genetically modifying humans has loomed over the public for decades. Now, science fiction is becoming reality. New technology and expanding research are positioned to make genetic alteration a routine, pre-conception appointment. For several years, China has been experimenting with germline editing on non-viable human embryos. In April 2016, the UK also approved a group of scientists to begin similar research. In the United States, genetic engineering is a multibillion-dollar industry. Although ethical debates over human genetic modification have checked the industry, the potential for clinical trials has become a reality as companies race to dominate the technology ...


Removing Obstacles To A Peaceful Death, Kathy L. Cerminara, Barbara A. Noah 2018 Nova Southeastern University

Removing Obstacles To A Peaceful Death, Kathy L. Cerminara, Barbara A. Noah

Faculty Scholarship

We all will die, but the American health care system often impedes a peaceful death. Instead of a quiet death at home surrounded by loved ones, many of us suffer through overutilization of sometimes-toxic therapeutic interventions long past the time when those interventions do more good than harm. This article proposes revisions to health professional training and payment policy to eliminate as much as possible physical and existential suffering while progressing through the terminal phase of illness. The solution lies in seamless progression from treatment with integrated palliative care to hospice before death, but provider attitudes and payor practices must ...


Should Commercial Surrogacy Be Legalised?, Seow Hon TAN 2018 Singapore Management University

Should Commercial Surrogacy Be Legalised?, Seow Hon Tan

Research Collection School Of Law

Does Singapore condone commercial surrogacy? Thisquestion is in the limelight with a court judgment on a Singaporean doctor'sbid to adopt a boy he fathered through a commercial surrogacy arrangement inthe United States.


Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard 2017 Temple University

Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard

Cleveland State Law Review

Depression is a common sequela of head trauma. Approximately half of all individuals with a cranial injury will experience depression within the first year, regardless of the severity of the injury. The ailment is characterized clinically as a mood disorder, often associated with intense feelings of sadness. However, depression is more complex than mood disorders, as many mental and bodily complaints—such as insomnia, fatigue, anxiety, appetite changes, aches and pains, and lack of interest in previously enjoyable activities—are associated with depression. These intense feelings, particularly when combined with despair and hopelessness, can lead to suicide, a dreaded potential ...


Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon 2017 University of Maine School of Law

Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon

Maine Law Review

Anne, a surgical technician at a local hospital, recently learned that she was HIV-positive. She works in the emergency room and, as a part of her job, she hands surgical instruments to doctors performing emergency surgery. It is a fast paced and unpredictable environment. Her hands often come in contact with sharp instruments. Although Anne has never put her hands into a patient's body cavity, there is a remote possibility that she may need to do so in the future. There is always a possibility, however small, that she will cut herself and come into blood-to-blood contact with a ...


Los Derechos Jurisprudenciales De La Mujer Y El Activismo Judicial.Pdf, Daniel Fernando Gómez Tamayo 2017 Selected Works

Los Derechos Jurisprudenciales De La Mujer Y El Activismo Judicial.Pdf, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo PhD Canon Law.

Debate constitucional y argumentativo: Sana crítica de las pruebas con respecto a la despenalización del Aborto en Estados Unidos y Colombia.


Conant V. Walters: A Misapplication Of Free Speech Rights In The Doctor-Patient Relationship, Katharine M. McCarthy 2017 University of Maine School of Law

Conant V. Walters: A Misapplication Of Free Speech Rights In The Doctor-Patient Relationship, Katharine M. Mccarthy

Maine Law Review

In Conant v. Walters, the United States Court of Appeals for the Ninth Circuit addressed the application of the First Amendment's right of free speech to a federal policy that prohibited the recommendation of medical marijuana by physicians. This class action suit, brought by physicians and severely ill patients, successfully enjoined the federal government from enforcing its policy revoking the federal prescriptive licenses of physicians who recommend or approve of marijuana use by patients suffering from certain severe illnesses. The federal government's policy, issued in 1996 through a statement of Barry McCaffrey, director of the Office of National ...


Negligence Per Se Theories In Pharmaceutical & Medical Device Litigation, Andrew E. Costa 2017 University of Maine School of Law

Negligence Per Se Theories In Pharmaceutical & Medical Device Litigation, Andrew E. Costa

Maine Law Review

The notion of addressing the vagaries of negligence per se theories in the context of pharmaceutical and medical device litigation seems to promise little more than a monograph anesthetized by a body of obscure pharmaceutical and medical device provisions viewed through the lenses of various states' negligence law. Maybe little more than that can be assured. However, the issue of how courts should address negligence per se theories in this context implicates a variety of “larger” (or, possibly, more interesting) legal issues in general and pharmaceutical and medical device litigation in particular. Perhaps foremost among these issues is the interaction ...


Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg 2017 John Marshall Law School

Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg

Marc D. Ginsberg

No abstract provided.


Taking Advantage Of Patients In An Emergency: Addressing Exorbitant And Unexpected Ambulance Bills, George A. Nation III 2017 Villanova University Charles Widger School of Law

Taking Advantage Of Patients In An Emergency: Addressing Exorbitant And Unexpected Ambulance Bills, George A. Nation Iii

Villanova Law Review

No abstract provided.


A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne Lewis 2017 Cleveland-Marshall College

A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne Lewis

Arkansas Law Review

On an episode of Marvel’s Jessica Jones, Kilgrave uses his mind control powers to get Jack Denton to give him both of his kidneys. After he loses his kidneys, Denton goes on dialysis and has a stroke. Therefore, when private investigator Jessica Jones tracks down Denton, she discovers that he is wheelchairbound and unable to speak. Denton goes to great lengths to write a note asking Jones to kill him. This fictionalized story may be the reality for some people. Everyone wants to live a happy life and to have a good death. Some people have the privilege of ...


Unconstitutional Asymmetry Or A Rational Basis For Inconsistency? The Admissibility Of Medical Malpractice Prelitigation Screening Panel Findings Before And After Smith V. Hawthorne I And Ii, Matthew Asnault Morris 2017 University of Maine School of Law

Unconstitutional Asymmetry Or A Rational Basis For Inconsistency? The Admissibility Of Medical Malpractice Prelitigation Screening Panel Findings Before And After Smith V. Hawthorne I And Ii, Matthew Asnault Morris

Maine Law Review

Pre-litigation screening panels have been instrumental in streamlining medical malpractice litigation in the State of Maine by culling claims from superior court dockets, encouraging settlements, and providing findings of fact that could prove useful for a jury if the case proceeds to trial. In enacting one particular provision governing the confidentiality and the admissibility of the screening panel process, however, the legislature may have sacrificed the constitutional rights of medical malpractice claimants in favor of a lighter docket. Two recent cases before the Law Court, Smith I and II, have challenged the constitutionality of Maine’s unique statutory approach to ...


The House Of Lords And The Discontinuation Of Artificial Nutrition And Hydration: An Ethical Analysis Of The Tony Bland Case, Moira M. McQueen, James L. Walsh 2017 St. John's University School of Law

The House Of Lords And The Discontinuation Of Artificial Nutrition And Hydration: An Ethical Analysis Of The Tony Bland Case, Moira M. Mcqueen, James L. Walsh

The Catholic Lawyer

No abstract provided.


Aids In The Workplace: Discrimination By Ignorance, 2017 St. John's University School of Law

Aids In The Workplace: Discrimination By Ignorance

The Catholic Lawyer

No abstract provided.


Withholding Or Withdrawing Artificial Nutrition And Hydration From Terminally Ill And Permanently Unconscious Patients: Some Recent Case Law And Contemporary Catholic Theology, Peter J. Ausili 2017 St. John's University School of Law

Withholding Or Withdrawing Artificial Nutrition And Hydration From Terminally Ill And Permanently Unconscious Patients: Some Recent Case Law And Contemporary Catholic Theology, Peter J. Ausili

The Catholic Lawyer

No abstract provided.


Termination Of Medical Treatment: Imminent Legislative Issues, Dennis J. Horan 2017 St. John's University School of Law

Termination Of Medical Treatment: Imminent Legislative Issues, Dennis J. Horan

The Catholic Lawyer

No abstract provided.


Termination Of Medical Treatment: Imminent Legislative Issues, Robert C. Robinson 2017 St. John's University School of Law

Termination Of Medical Treatment: Imminent Legislative Issues, Robert C. Robinson

The Catholic Lawyer

No abstract provided.


Confronting The Ghost: Legal Strategies To Oust Medical Ghostwriters, Deanna Minasi 2017 Fordham University School of Law

Confronting The Ghost: Legal Strategies To Oust Medical Ghostwriters, Deanna Minasi

Fordham Law Review

Articles published in medical journals contribute significantly to public health by disseminating medical information to physicians, thereby influencing prescribing practices. However, the information guiding treatment decisions becomes distorted by selective publishing and medical ghostwriting, which negatively affects overall patient care. Although there is general consensus in the medical community that these practices of publication bias represent a moral failing, the issue is rarely framed as a wrong that necessitates legal consequences. This Note takes the stance that medical ghostwriting constitutes an act prohibited under the Racketeer Influenced and Corrupt Organizations Act (RICO) and argues that physicians fraudulently named as authors ...


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