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Going Beyond Parents And Institutional Review Boards In Protecting Children Involved In Nontherapeutic Research, Efi Rubinstein
Going Beyond Parents And Institutional Review Boards In Protecting Children Involved In Nontherapeutic Research, Efi Rubinstein
Golden Gate University Law Review
Part I of this Comment traces the development of ethical and legal guidelines for current informed consent procedures. Part II outlines the extent of parental authority in volunteering children for research, including legal exceptions to parental permission and possible limitations imposed on parental rights by the courts. Part III challenges the assumption that parents can and will always act in their child's best interest. Part IV argues that institutional review boards cannot be relied upon to protect children when parents fail to do so. Finally, Part V proposes possible improvements to the problematic evaluation process of parents and institutions when …
Searching For Proper Judicial Recognition Of Hospital Ethics Committees In Decisions To Forego Medical Treatment, Carol A. Murphy
Searching For Proper Judicial Recognition Of Hospital Ethics Committees In Decisions To Forego Medical Treatment, Carol A. Murphy
Golden Gate University Law Review
The issue of withdrawing or withholding life-sustaining medical treatment arises with increasing regularity in the United States, prompted by a growing elderly population and constant technological advances. A Hospital Ethics Committee (HEC) may be utilized to assist in making treatment decisions for incompetent patients, but there is inconsistency in the deference given to HECs by courts. Neither federal nor state statutes have addressed the proper role of HECs in health care decisionmaking, and common law on the subject is conflicting. This comment will explore the levels of judicial scrutiny applied to HEC decisions regarding life-sustaining medical treatment and explore the …
The Regulation Of Electroconvulsive Therapy In California: The Impact Of Recent Constitutional Interpretations, David Whitcomb
The Regulation Of Electroconvulsive Therapy In California: The Impact Of Recent Constitutional Interpretations, David Whitcomb
Golden Gate University Law Review
This article will begin with a brief description of ECT. Those less interested in the medical aspects may ignore this section. Such information could be important to an attorney, however, especially in an ECT malpractice action or other direct dealings with an ECT patient. The existing California regulatory scheme of ECT will be detailed, followed by constitutional arguments regarding the review committee, risk disclosure, and substitute consent provisions of these laws. It is the purpose of this discussion not only to provide the reader with an introduction to the California ECT laws, but to argue that such laws are a …