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Medical Jurisprudence

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1992

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Articles 1 - 21 of 21

Full-Text Articles in Law

Getting Rid Of The Vegetables, David F. Forte Oct 1992

Getting Rid Of The Vegetables, David F. Forte

Law Faculty Articles and Essays

There ought to be a more accurate term that describes not just the medical condition but the underlying humanity of the afflicted person. Perhaps something like "Persistent conscious condition" would be a more technically descriptive and less morally freighted substitute. It would, in fact, communicate a more complete picture of what is going on.

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Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider Jul 1992

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

Articles

For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …

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Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas Jul 1992

Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas

Community & Environmental Health Theses & Dissertations

The purpose of this study was to determine if the Patient Self-Determination Act was effective in providing information to young adults and will young adults not only have an accurate understanding of their health care rights but sufficient opportunity to exercise those rights. From a sample of convenience, 83 college students were randomly selected to complete a questionnaire. The questionnaire contained 71 questions devised to reflect various aspects of the Patient Self-Determination Act. Five additional questions were asked to determine a generalized profile of the students. Data analysis of the responses identified 5 significant legal misunderstandings and 5 significant medical …

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Dimarco V. Lynch Homes-Chester County, Inc.: How Far Should West Virginia Go In Extension Of Physician Liability For Transmission Of Communicable Disease, Rebecca Coffield Moore Jun 1992

Dimarco V. Lynch Homes-Chester County, Inc.: How Far Should West Virginia Go In Extension Of Physician Liability For Transmission Of Communicable Disease, Rebecca Coffield Moore

West Virginia Law Review

No abstract provided.

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Advance Medical Directives In West Virginia, Part Two, Gordon H. Copland Jun 1992

Advance Medical Directives In West Virginia, Part Two, Gordon H. Copland

West Virginia Law Review

No abstract provided.

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Book Review, Thomas G. Field Jr. Jun 1992

Book Review, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Review of the following: lAIN HAY, MONEY, MEDICINE AND MALPRACTICE IN AMERICAN SOCIETY. (Praeger 1992) [244 pp.] Abbreviations, annotated list of personal communications, figures, glossary, index, full legal citations, notes, preface, references, tables. LC 91-38477, ISBN 0-674-13645-4. [Cloth $49.95. P.O. Box 5007, Westwood CT 06881-9990.]

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Advance Medical Directives In West Virginia, Part One, Irene M. Keely Jun 1992

Advance Medical Directives In West Virginia, Part One, Irene M. Keely

West Virginia Law Review

No abstract provided.

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Cruel And Unusual Punishment In The Provision Of Prison Medical Care: Challenging The Deliberate Indifference Standard, Michael C. Friedman May 1992

Cruel And Unusual Punishment In The Provision Of Prison Medical Care: Challenging The Deliberate Indifference Standard, Michael C. Friedman

Vanderbilt Law Review

Most Americans have little knowledge or concern about what hap- pens inside this Nation's prisons.' Unless prisoners riot, they generally are far removed from the popular consciousness. Members of society beyond prison walls hear about only the most severe and exceptional cases of prisoner suffering. When prisoners do not receive adequate medical treatment, however, they may suffer harm beyond the segregation from society and loss of liberty contemplated by incarceration. A discussion of the medical care that prisoners receive must begin, therefore, with a recognition of the paradox of taking care of individuals about whom very few people in society …

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The Use Of Government Funding To Discourage Abortion: Who Will Protect The Rights Of The Poor?, Claudia J. Postell Mar 1992

The Use Of Government Funding To Discourage Abortion: Who Will Protect The Rights Of The Poor?, Claudia J. Postell

University of the District of Columbia Law Review

No abstract provided.

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Legitimate Exercise Of Parens Patriae Doctrine: State Power To Determine An Incompetent Individual's "Right To Die" After Cruzan Ex Rel. Cruzan V. Director, Missouri Dept. Of Health, Carl Hernandez Iii Mar 1992

Legitimate Exercise Of Parens Patriae Doctrine: State Power To Determine An Incompetent Individual's "Right To Die" After Cruzan Ex Rel. Cruzan V. Director, Missouri Dept. Of Health, Carl Hernandez Iii

Brigham Young University Journal of Public Law

No abstract provided.

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"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski Jan 1992

"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski

Faculty Scholarship

No abstract provided.

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Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen Jan 1992

Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen

Faculty Scholarship

No abstract provided.

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A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson Jan 1992

A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson

Indiana Law Journal

No abstract provided.

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The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro Jan 1992

The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro

UIC Law Review

No abstract provided.

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Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman Jan 1992

Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman

Journal of Law and Health

This note will seek to determine if granting a physician the right to warn third parties at risk is the appropriate solution to the above scenario and others like it. Part I will supply a background on the virus that causes AIDS. Part II will review possible legal justification for this breach of the confidential doctor/patient relationship. Part III discusses why there is a need to maintain strict confidentiality of AIDS-related information. Finally, Part IV will discuss alternatives to granting physicians the right to warn.

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Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson Jan 1992

Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson

Journal of Law and Health

The newborn screening model is fairly straightforward. Typically, before the infant is discharged from the hospital (around 24 to 36 hours of age), heel stick blood is placed on special filter paper, dried, and mailed to the state health department for testing. Medical and laboratory research has led to the discovery that other diseases could also be screened in newborns using these dried blood specimens. Currently, all states and the District of Columbia test all newborns for at least PKU and congenital hypothyroidism. There are generally five criteria to satisfy before a disease is considered appropriate for newborn screening: 1. …

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Compelled Medical Procedures Involving Minors And Incompetents And Misapplication Of The Substituted Judgment Doctrine, Lynn E. Lebit Jan 1992

Compelled Medical Procedures Involving Minors And Incompetents And Misapplication Of The Substituted Judgment Doctrine, Lynn E. Lebit

Journal of Law and Health

In many cases, courts have incorrectly applied the doctrine of "substituted judgment" to violate the bodily integrity of a minor (who is usually physically or mentally disabled), or an adult incompetent, to bring about a result which on its face seems beneficial to all involved. What courts have failed to do, however, is protect the best interests of these incompetent persons and to recognize their right to be protected, especially when they cannot consent, from non-therapeutic bodily invasions. In this context, "best interests" are determined by weighing the risks, needs and benefits to the affected person. The type of "non-therapeutic" …

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Selling The Womb: Can The Feminist Critique Of Surrogacy Be Answered?, Katherine B. Lieber Jan 1992

Selling The Womb: Can The Feminist Critique Of Surrogacy Be Answered?, Katherine B. Lieber

Indiana Law Journal

No abstract provided.

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Screening And Treatment Of Newborns, Ellen Wright Clayton Jan 1992

Screening And Treatment Of Newborns, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

With the advent of new genetic technologies and the Human Genome Initiative, interest in the problems posed by genetic diagnostics in general, and by genetic screening in particular, has surfaced. Many recent works focus on the problems posed by the "new genetics" in the contexts of prenatal diagnosis, carrier detection, employment, and insurance. In the midst of all this discussion, the routine testing of newborns for genetic disorders seems relatively uncomplicated and has, in fact, become "a part of common practice and accepted public policy with little thought having been given to the implications." The relative lack of concern about …

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One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver Jan 1992

One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver

Scholarly Works

In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …

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The World Of Law, Science And Medicine, According To George P. Smith, Ii, Raymond C. O'Brien Jan 1992

The World Of Law, Science And Medicine, According To George P. Smith, Ii, Raymond C. O'Brien

Scholarly Articles

No abstract provided.

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