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2,114 full-text articles. Page 4 of 42.

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 ...


Managing Judges Mathematically: An Empirical Study Of The Medical Malpractice Litigations In Shanghai, Wei ZHANG 2017 Singapore Management University

Managing Judges Mathematically: An Empirical Study Of The Medical Malpractice Litigations In Shanghai, Wei Zhang

Research Collection School Of Law

The post-Mao China has been increasingly managed mathematically, not the least in its judicial system. In this paper, I looked into some of the mathematical indicators used to judge the performance of judges in this nation, and ascertained their effects on the judicial decisions on medical malpractices in Shanghai. The findings of this paper support the previous study that qualitatively identified the judicial responses to such a quantified evaluation system. Underlying the effect of performance indicators is the Chinese judiciary’s bending toward populist pressure. Essentially, therefore, this paper serves to place in perspective the judicial populism well documented in ...


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.


Doctor's Duty Of Disclosure And The Singapore Court Of Appeal Decision In Hii Chii Kok: Montgomery Transformed, Kee Yang LOW 2017 Singapore Management University

Doctor's Duty Of Disclosure And The Singapore Court Of Appeal Decision In Hii Chii Kok: Montgomery Transformed, Kee Yang Low

Research Collection School Of Law

The subject of a doctor’s duty of care to his patient, especially as regards the giving of advice, is a controversial one. In recent times, the courts and the medical professions in several jurisdictions have given their varying responses. In the Hii Chii Kok case, the Singapore Court of Appeal was faced with the difficult challenge of whether to and, if so, how to change the law. The judgment is as complex as it is important.


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 ...


Explaining The Absence Of Surgical Procedure Regulation, Jonathan J. Darrow 2017 Cornell University Law School

Explaining The Absence Of Surgical Procedure Regulation, Jonathan J. Darrow

Cornell Journal of Law and Public Policy

Systematic evaluation of both existing and innovative surgical procedures is needed to make important safety and efficacy data available to surgeons, facilitating optimal treatment decisions. High quality risk-benefit data is also essential if the healthcare system is to honor its obligation to inform patients of relevant benefits and risks prior to obtaining their consent to treatment.

Yet for a variety of reasons, surgical procedures are not subject to direct regulation. As a result, surgeons consulting the available literature may find it inadequate to answer fundamental questions about optimal treatment choices. This failure of information increases the chance that, for years ...


A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne C. Lewis 2017 Cleveland-Marshall College of Law, Cleveland State University

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

Browne C Lewis

This Article is divided into four parts. Part I discusses the history and evolution of the "right to die movement" in the United States. The current legal landscape in the United States is examined in Part II. In Part III, I analyze some of the relevant ethical concerns caused by the availability of physician-assisted suicide. My analysis primarily focuses on the Oregon statutes because it is the oldest physician-assisted suicide law in the United States and has served as a model for laws in the United States and abroad. For example, Lord Falconer's Bill, which was defeated by the ...


Provisions Of Uncompensated Care In American Hospitals: The Role Of The Tax Code, The Federal Courts, Catholic Health Care Facilities, And Local Governments In Defining The Problem Of Access For The Poor, Charles J. Milligan, Jr. 2017 St. John's University School of Law

Provisions Of Uncompensated Care In American Hospitals: The Role Of The Tax Code, The Federal Courts, Catholic Health Care Facilities, And Local Governments In Defining The Problem Of Access For The Poor, Charles J. Milligan, Jr.

The Catholic Lawyer

No abstract provided.


Use Of Mediation To Recover Rights To Our Genes, Rachel Albert 2017 Pepperdine University

Use Of Mediation To Recover Rights To Our Genes, Rachel Albert

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Decisions To Forego Medical Treatment: The Preferred Medical, Ethical, And Legal Approach, J. Stuart Showalter 2017 St. John's University School of Law

Decisions To Forego Medical Treatment: The Preferred Medical, Ethical, And Legal Approach, J. Stuart Showalter

The Catholic Lawyer

No abstract provided.


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