Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Medical Error Reporting: Professional Tensions Between Confidentiality & Liability, Wendy K. Mariner, Frances H. Miller
Medical Error Reporting: Professional Tensions Between Confidentiality & Liability, Wendy K. Mariner, Frances H. Miller
Faculty Scholarship
Improving patient safety depends on a sophisticated understanding of what can jeopardize it. Reports of adverse patient events and "near misses" constitute valuable information that can foster that understanding. Knowing what has gone wrong in the past facilitates the search for systems improvements, which can prevent recurrence. Unfortunately, providers have been generally unenthusiastic about reporting medical error, whether from a sense of shame, from a fear of liability and institutional sanctions, or from anxiety about reputation and relationships with peers. This Issue Brief lays out the factors that may affect reporting, and explores the limited evidence about whether providers' confidentiality …
Recognizing Schools' Legitimate Educational Interests: Rethinking Ferpa's Approach To The Confidentiality Of Student Discipline And Classroom Records, Lynn M. Daggett, Dixie Snow Huefner
Recognizing Schools' Legitimate Educational Interests: Rethinking Ferpa's Approach To The Confidentiality Of Student Discipline And Classroom Records, Lynn M. Daggett, Dixie Snow Huefner
American University Law Review
No abstract provided.
Checks On Participant Conduct In Compulsory Adr: Reconciling The Tension In The Need For Good-Faith Participation, Autonomy, And Confidentiality, Maureen A. Weston
Checks On Participant Conduct In Compulsory Adr: Reconciling The Tension In The Need For Good-Faith Participation, Autonomy, And Confidentiality, Maureen A. Weston
Indiana Law Journal
No abstract provided.
The Duty Of Confidentiality, Roger C. Cramton
The Duty Of Confidentiality, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Attorney Papers, History And Confidentiality: A Proposed Amendment To Model Rule 1.6, Patrick Shilling
Attorney Papers, History And Confidentiality: A Proposed Amendment To Model Rule 1.6, Patrick Shilling
Fordham Law Review
No abstract provided.
Source Code Escrow: An Exercise In Futility?, Jonathan L. Mezrich
Source Code Escrow: An Exercise In Futility?, Jonathan L. Mezrich
Marquette Intellectual Property Law Review
Jonathan Mezrich argues that as businesses become more dependent upon computer software, they will also seek a means of protection for their investment in the software they purchase. Currently, a popular means of protection is through source code escrow. However, despite the current popularity of escrow accounts, Mr. Mezrich writes that these mechanisms may in fact not actually be necessary. He focuses on several key points that demonstrate this point including the life of the protected software, infrequency of escrow releases, and the move to open source applications. He also examines deficiencies of confidentiality, limited liability and indemnity as they …
Kathleen A. Sullivan: A True Teacher's Teacher, Christine N. Cimini
Kathleen A. Sullivan: A True Teacher's Teacher, Christine N. Cimini
Articles
This essay is part of a group of five memorial tributes to Professor Kathleen A. Sullivan of the Yale Law School. The group of tributes reflect on the numerous contributions Professor Sullivan made to her colleagues, students, clients and the clinical education community. In this memoriam tribute, the authors explore three themes that Professor Sullivan cared deeply about: thinking critically about confidentiality, privacy and autonomy; incorporating issues of difference into our teaching and practices; and encouraging people (students, clients and colleagues) to find and assert their own voices, even – and especially – when those voices are different than ours.
The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis
The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis
Articles & Book Chapters
Health care providers who treat adolescents may also be required to diagnose and treat the reproductive health conditions of minor patients and to facilitate health prevention measures, including contraception and testing for sexually transmitted diseases. Teens who do not want their parents to know about their sexual behaviour may consult a health care provider for reproductive or sexual health care services and treatment without parental knowledge or consent. This may present legal and ethical dilemmas for health care providers. Common law recognizes that adolescents under the legal age of majority who are sufficiently mature (the mature minor) may have the …
Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps
Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps
St. Mary's Law Journal
Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …