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Full-Text Articles in Law

The Law Of Medical Malpractice In West Virginia, Michael J. Farrell Dec 1979

The Law Of Medical Malpractice In West Virginia, Michael J. Farrell

West Virginia Law Review

The preparation and trial of a medical malpractice case is a trial lawyer's delight. The trial arena presents a unique opportunity for the lawyer, physician, patient, and jury to explore the intricacies of a surgical procedure, the maze of a diagnostic puzzle, and the mystery of malpractice causation. The physician is subjected to intense scrutiny by professional malpractice witnesses; he is compelled to justify every note in his record and every omission in his thought process. The lawyer undertakes the herculean task of learning anatomy, physiology, and the specific medical discipline of the defendant. It is in this context that …


Legal Representation Of The Mentally Ill, James R. Elkins Dec 1979

Legal Representation Of The Mentally Ill, James R. Elkins

West Virginia Law Review

The "rights revolution," sparked by the United States Supreme Court under the leadership of former Chief Justice Earl Warren, has abated as the Court modifies and in some instances emasculates the constitutional rights afforded criminal defendants. While the Supreme Court assumes a more “moderate" position regarding the rights of criminal defendants and takes a closer look at due process decisions generally, the "rights revolution" has had substantial spillover effect in the case of individuals confined involuntarily in mental institutions. The courts, especially federal courts, have recognized the constitutional basis of procedural and substantive safeguards for individuals subject to commitment in …


Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford Jul 1979

Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.


Book Reviews: Ethics At The Edges Of Life / Samuel Johnson, L. Harold Levinson, J. Allen Smith May 1979

Book Reviews: Ethics At The Edges Of Life / Samuel Johnson, L. Harold Levinson, J. Allen Smith

Vanderbilt Law Review

Professor Paul Ramsey,' writing as a Christian ethicist, has revised, extended, and updated the Bampton Lectures in America that he delivered in 1975 at Columbia University. The resulting book is Ethics at the Edges of Life: Medical and Legal Intersections. A substantial portion of the book is devoted to critical analysis of a number of landmark court decisions, all of which were rendered after his delivery of the Bampton lectures--Planned Parenthood v. Danforth, on abortion; Commonwealth v. Edelin, on the treatment of a fetus during or immediately after an abortion; In re Quinlan, on the termination of life support; and …


Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel Apr 1979

Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel

Florida State University Law Review

By Sylvia Law and Steven Polan. New York: Harper & Row, Publishers. 1978. Pp xiv, 305. $12.95.


Book Reviews, Edward S. Graves, David L. Ross Jan 1979

Book Reviews, Edward S. Graves, David L. Ross

University of Richmond Law Review

These are book reviews from 1979.


Epilepsy, Motor Vehicle Licensure And The Law: The Physician's Rights And Responsibilities In Illinois, Theodore R. Leblang Jan 1979

Epilepsy, Motor Vehicle Licensure And The Law: The Physician's Rights And Responsibilities In Illinois, Theodore R. Leblang

Loyola University Chicago Law Journal

No abstract provided.


State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander Jan 1979

State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander

Faculty Publications

During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …


Euthanasia: Due Process For Death With Dignity; The Living Will, Luis Kutner Jan 1979

Euthanasia: Due Process For Death With Dignity; The Living Will, Luis Kutner

Indiana Law Journal

No abstract provided.