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The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical?, Marc D. Ginsberg 2016 Selected Works

The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical?, Marc D. Ginsberg

Marc D. Ginsberg

No abstract provided.


Law And The Sciences Of The Brain/Mind, Stephen J. Morse 2016 University of Pennsylvania Law School

Law And The Sciences Of The Brain/Mind, Stephen J. Morse

Faculty Scholarship

This chapter is a submission to the Oxford Handbook of Law and the Regulation of Technology edited by Roger Brownsword. It considers whether the new sciences of the brain/mind, especially neuroscience and behavioral genetics, are likely to transform the law’s traditional concepts of the person, agency and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. After reviewing the law’s concepts, misguided challenges to them, and the achievements of the new sciences, the chapter confronts the claim that these sciences prove that we are really not ...


The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser 2016 Else School of Management, Milsaps College

The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser

Pace Law Review

This article will introduce some of the issues and offer some possible guidelines which may eventually guide cases of medical malpractice and medical care in the face of neurointerventions. First, I will briefly address the standard of care in medical malpractice cases in general. Second, I will discuss some of the existing and potential physical and neurological enhancements available for physicians. Finally, I will explore how these neurointerventions could alter the standards for medical malpractice for both the enhanced doctors and the entire medical profession.


The Contours Of The Parallel Claim Exception: The Supreme Court's Opportunity To Define The Ill-Defined, Jarret Sena 2016 Fordham University School of Law

The Contours Of The Parallel Claim Exception: The Supreme Court's Opportunity To Define The Ill-Defined, Jarret Sena

Fordham Urban Law Journal

No abstract provided.


Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin 2016 National University

Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin

D'Andre Devon Lampkin

This research project explores correctional rehabilitation and disconnects between correctional facilities and linkage to follow up mental health treatment. One of the components to releasing inmates is providing them with services that help reintroduce them into society. For the mentally ill, linkage to mental health services after spending any amount of time in a correctional facility is heavily dependent on follow through by the former inmate and the expediency and capacity of the mental health departments’ outpatient facilities within the community the former inmate is released into.


Federalism And State Marijuana Legislation, Dean M. Nickles 2016 University of Notre Dame Law School

Federalism And State Marijuana Legislation, Dean M. Nickles

Notre Dame Law Review

An increasing number of states have passed legislation legalizing medical and recreational marijuana. This Note provides a survey of the language utilized by these states in their legislation and legislative materials, searching for and highlighting those purposes and intentions of the states, which implicate, explicitly or implicitly, federalism. Through this survey of mostly primary source materials, various trends and similarities among the materials will be apparent, and this Note will provide a useful resource for those trying to understand why the states may have enacted these laws.


Overtreatment And Informed Consent: A Fraud-Based Solution To Unwanted And Unnecessary Care, Isaac D. Buck 2016 University of Tennessee College of Law

Overtreatment And Informed Consent: A Fraud-Based Solution To Unwanted And Unnecessary Care, Isaac D. Buck

Florida State University Law Review

According to multiple accounts, the administration of American health care results in as much as $800 billion in wasted spending due largely to the provision of overly expensive, inefficient, and unnecessary services. Beyond inflicting fiscal pain on the nation’s pocketbook, this waste has no clinical benefit—and often results in unnecessary hospital stays, cascading follow-up procedures, and time-wasting inconvenience for American patients. But aside from the mere annoyance of unnecessary care, the administration of overtreatment—that is, unnecessary care in and of itself—causes harm to the patient. Excessive care is deficient care. Unnecessary care risks potential medical error ...


Regulating Identity: Medical Regulation As Social Control, Matt Lamkin 2016 Brigham Young University Law School

Regulating Identity: Medical Regulation As Social Control, Matt Lamkin

BYU Law Review

New biomedical technologies offer growing opportunities not only to prevent and treat illnesses, but also to change how healthy people think, feel, behave, and appear to others. Controversies over these nontherapeutic practices are a pervasive feature of contemporary American culture, from students on “study drugs” and cops on steroids to skin-lightening by black celebrities and the over-prescription of antidepressants. Yet the diversity of these controversies often masks their common root—namely, disputes about the propriety of using medical technologies as tools for shaping one’s identity.

Some observers believe these so-called “enhancement” practices threaten important values, offering unfair advantages to ...


Placebo Patents: Creating Stronger Intellectual Property Protection For Pharmaceuticals Approved By The U.S. Food & Drug Administration, Sarah Renee Craig 2016 University of Georgia School of Law

Placebo Patents: Creating Stronger Intellectual Property Protection For Pharmaceuticals Approved By The U.S. Food & Drug Administration, Sarah Renee Craig

Journal of Intellectual Property Law

No abstract provided.


A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig 2016 Fordham University School of Law

A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig

Fordham Urban Law Journal

The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific types of evidence in crafting the best defense. In recent years, the U.S. Supreme Court has found that defense attorneys did not provide effective assistance when they failed to consider neuroscience. But when must defense attorneys develop neuroscience in order to provide effective assistance? This question is difficult because the standard for determining effective assistance is still evolving. There are two leading approaches ...


Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra 2016 Barry University

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Faculty Scholarship

No abstract provided.


The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical, 42 Mitchell Hamline L. Rev. 273 (2016), Marc Ginsberg 2016 John Marshall Law School

The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical, 42 Mitchell Hamline L. Rev. 273 (2016), Marc Ginsberg

Faculty Scholarship

Is it reasonable for a physician to condition treatment upon the patient’s execution of an arbitration agreement? Is such an agreement enforceable? Is such an agreement medically ethical? This paper will address these topics (and others) in an effort to determine whether a treatment conditioned upon the execution of an arbitration agreement covering medical liability claims is consistent with, and should be a defensible component of the physician-patient relationship.


Research Ethics Committees (Recs)/Institutional Review Boards (Irbs) And The Globalization Of Clinical Research: Can Ethical Oversight Of Human Subjects Research Be Standardized?, Andrea S. Nichols 2016 Washington University in St. Louis

Research Ethics Committees (Recs)/Institutional Review Boards (Irbs) And The Globalization Of Clinical Research: Can Ethical Oversight Of Human Subjects Research Be Standardized?, Andrea S. Nichols

Washington University Global Studies Law Review

Current United States’ policy requires federally funded research studies involving human subjects to be approved by an interdisciplinary committee called an institutional review board (IRB). IRBs exist to protect the safety and welfare of human subjects participating in research studies. Although oversight of human subjects research and, consequently, IRBs, is governed by federal regulations, the operation of IRBs remain largely mysterious to those other than IRB members themselves. This Note reviews the establishment of both United States regulations and international guidelines governing human subjects research, the changing environment of biomedical research, and potential reforms for improving the efficiency and efficacy ...


Adverse Events: The Need For The United States And Japan To Reform Patient Safety, Rocco Giovanni Motto 2016 Washington University School of Law, St. Louis

Adverse Events: The Need For The United States And Japan To Reform Patient Safety, Rocco Giovanni Motto

Washington University Global Studies Law Review

After the Institute of Medicine released a report in 1999 a startling discovery was apparent: between 44,000 and 98,000 hospital patients in the United States died in 1997 as a result of an adverse event. An adverse event is an unfavorable event that is caused by a medical product rather than the primary condition of the patient. In other words, an adverse event describes any harm to a patient as a result of medical care. A later study estimated that between 220,000 and 440,000 hospital patients in the United States suffer from some type of adverse ...


Clarifying Standards For Compelled Commercial Speech, Micah L. Berman 2016 The Ohio State University

Clarifying Standards For Compelled Commercial Speech, Micah L. Berman

Washington University Journal of Law & Policy

This article analyzes the compelled commercial speech doctrine within the context of public health warnings and mandated disclosures. Berman details the complex nature of compelled speech, tracing its history and focusing on identifying the appropriate level of constitutional scrutiny that should be applied. Berman then suggests that communities should be given “flexibility to mandate warnings geared towards protecting the public’s health.”


Introduction, Elizabeth Sepper 2016 Washington University School of Law

Introduction, Elizabeth Sepper

Washington University Journal of Law & Policy

No abstract provided.


Informed Consent As Compelled Professional Speech: Fictions, Facts, And Open Questions, Nadia N. Sawicki 2016 Loyola University Chicago School of Law

Informed Consent As Compelled Professional Speech: Fictions, Facts, And Open Questions, Nadia N. Sawicki

Washington University Journal of Law & Policy

This article explores the relationship between a physician’s First Amendment right to free speech and state informed consent mandates. Sawicki details the convoluted jurisprudence surrounding consent mandates, focusing on one-sided and controversial subject matter that many states require physicians to disclose. Sawicki then offers a legal framework for how a physician-challenged consent mandate may pass through the court system based on existing Supreme Court jurisprudence.


Recent Development: Sieglein V. Schmidt: Pursuant To § 1-206(B) Of The Estates And Trusts Article, Artificial Insemination Encompasses In Vitro Fertilization Using Donated Sperm; A Court May Use The Goldberger Factors To Determine Voluntary Impoverishment; A Trial Court Can Issue A Permanent Injunction For Harassment Based On § 1-203(A) Of The Family Law Article., Virginia J. Yeoman 2016 University of Baltimore Law

Recent Development: Sieglein V. Schmidt: Pursuant To § 1-206(B) Of The Estates And Trusts Article, Artificial Insemination Encompasses In Vitro Fertilization Using Donated Sperm; A Court May Use The Goldberger Factors To Determine Voluntary Impoverishment; A Trial Court Can Issue A Permanent Injunction For Harassment Based On § 1-203(A) Of The Family Law Article., Virginia J. Yeoman

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the term “artificial insemination” includes in vitro fertilization using donated sperm, and that a consenting husband is presumed to be the father of the child born as a result of the procedure. Sieglein v. Schmidt, 447 Md. 647, 652, 136 A.3d 751, 754 (2016). The court also held that the circuit court did not abuse its discretion in finding the husband to be voluntarily impoverished or in issuing a permanent injunction based on harassment. Id.


Litigating Intraoperative Neuromonitoring (Iom), Michael Brook, Kary Irle 2016 University of Baltimore School of Law

Litigating Intraoperative Neuromonitoring (Iom), Michael Brook, Kary Irle

University of Baltimore Law Review

Statistics regarding surgical medical malpractice are staggering. The annual cost of the medical malpractice liability system has been estimated to be $55.6 billion-2.4% of the total healthcare system.' The median award for plaintiffs in actions involving spinal cords is $2.9 million, and the median value for settlements is $1.45 million. A neurosurgeon will spend approximately eleven years of his or her career with outstanding malpractice claims.

Intraoperative neuromonitoring (IOM), also known as surgical neurophysiology, is hardly a novel medical technology. In fact, it has been used in the operating room for over half a century. IOM ...


Medical Malpractice Arbitration: Not Business As Usual, David Larson, David Dahl 2016 Mitchell Hamline School of Law

Medical Malpractice Arbitration: Not Business As Usual, David Larson, David Dahl

Faculty Scholarship

There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires his or her clients to sign mandatory pre-dispute arbitration agreements. In fact, some service providers prefer to avoid arbitration regardless of whether it is arranged pre- or post-dispute. So which merchants or service providers are choosing to forgo arbitration and, more importantly, why do they dislike arbitration? And do politics have anything to with their choices? Physicians are not, shall we say, the world ...


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