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Full-Text Articles in Law
Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer
Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer
Journal of Law and Health
In recent years, psychiatrists have become ever more prevalent in American courtrooms. Consequently, the issue of when the usual rules of medical ethics should apply to forensic psychiatric encounters has taken on increased importance and is a continuing topic of discussion among both legal and medical scholars. A number of approaches to the problem of forensic psychiatric ethics have been proposed, but none adequately addresses the issues that arise when a forensic encounter develops therapeutic characteristics. This article looks to the rules governing the lawyer-client relationship as a model for a new approach to forensic psychiatric ethics. This new model …
Beyond Nuremberg: A Critique Of Informed Consent In Third World Human Subject Research , Jacob Schuman
Beyond Nuremberg: A Critique Of Informed Consent In Third World Human Subject Research , Jacob Schuman
Journal of Law and Health
This Article discusses the history of informed consent, critically analyzes this principle, and suggests an alternative approach to informed consent. Part II explores the concept of informed consent, including its philosophical bases, its implementation through FDA regulations, and current proposals on how to protect the principle in drug testing conducted abroad. Part III performs a critical analysis of the principle of informed consent; first providing an empirical examination of the realities of Third World human subject research, and then questioning both the coherence of an abstract “right” to informed consent, as well as the possibility of truly autonomous “consent” to …
Federally Mandated Informed Consent: Has Government Gone Too Far, Linda P. Mckenzie
Federally Mandated Informed Consent: Has Government Gone Too Far, Linda P. Mckenzie
Journal of Law and Health
Laws mandating disclosure of particular information are known as informed consent laws. They exist primarily in the area of reproductive health and most often apply to women seeking abortion. This article discusses the legal and ethical issues that arise when lawmakers decide what patients must be told before they can access certain medical procedures. Part II examines some of the ethical implications of informed consent laws. Physicians have a duty to obtain a patient's informed consent before acting. Part III discusses legal concerns raised by informed consent laws. These include the First Amendment free speech rights of physicians and patients' …
Surgery By An Unauthorized Surgeon As A Battery, Thomas Lundmark
Surgery By An Unauthorized Surgeon As A Battery, Thomas Lundmark
Journal of Law and Health
This article examines the policy issues behind the doctrine of informed consent and reviews the decisional law and policies on the topic of ghost surgery. Jury instructions employed in California are also addressed. The author concludes that substitution of surgeons should not automatically prompt liability for a battery. The public policy behind the informed consent doctrine is to favor patients' self-determination over the doctor's paternalism. Imposition of liability for battery in a case where the defendant does not knowingly deviate from the consent is not necessary to effectuate this purpose.
A Doctor's Duty To Disclose Life Expectancy Information To Terminally Ill Patients, Denise Ann Dickerson
A Doctor's Duty To Disclose Life Expectancy Information To Terminally Ill Patients, Denise Ann Dickerson
Cleveland State Law Review
It is the purpose of this Note to review and evaluate the benefits to making full disclosure to a terminally ill patient. It is this author's position that a patient's well-being and dignity dictate that the physician be forthright with all information regarding a patient's diagnosis and the range of treatments available, including both active and passive treatments.
True Protection For Persons With Severe Mental Disabilities, Such As Schizophrenia, Involved As Subjects In Research - A Look And Consideration Of The Protection Of Human Subjects , Anne J. Ryan
Journal of Law and Health
This article begins with an in-depth discussion of the UCLA incident followed by the history of protecting human research subjects and a review of the current law intended to protect research participants. Next, it explains the nature of schizophrenia and discusses the topic of schizophrenia and the informed consent process, explaining why persons with schizophrenia warrant more protection than is currently given, especially in the areas of monitoring and informed consent. This article also examines proposed ideas, from various sources, for better protection of the mentally disabled as research subjects. This article concludes with this writer's proposal as to how …
Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson
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. …
Compelled Medical Procedures Involving Minors And Incompetents And Misapplication Of The Substituted Judgment Doctrine, Lynn E. Lebit
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" …
Hyperbaric Medicine And The Law, Carl E. Wasmuth, John Homi, Donald E. Hale
Hyperbaric Medicine And The Law, Carl E. Wasmuth, John Homi, Donald E. Hale
Cleveland State Law Review
With the construction of such sophisticated facilities as the hyperbaric chamber now contemplated, it might be well to seek out possible legal pitfalls in the application of high pressure oxygen equipment in the treatment of suspected or proved diseases in the human. A comprehensive discussion of the law as it applies to hybaroxia must include design, manufacture, installation, inspection, and use of the facility involved, also, the liability of the manufacturer, of the hospital, and of the physician. Legal literature reveals few cases in which these facets of the law have been discussed with special regard to the hyperbaric facility., …
Hyperbaric Oxygen Chambers: Medicolegal Aspects, Carl E. Wasmuth, John Homi
Hyperbaric Oxygen Chambers: Medicolegal Aspects, Carl E. Wasmuth, John Homi
Cleveland State Law Review
The installation and utilization of the hyperbaric facility for the administration of oxygen to patients under increased atmospheric pressures presents several legal problems.
Informed Consent To Medical Treatment, Milton Oppenheim
Informed Consent To Medical Treatment, Milton Oppenheim
Cleveland State Law Review
Medical malpractice is usually considered in terms of negligent conduct by the physician in the course of the physician-patient relation. Many of the actions are not predicated on the law of negligence, although this type of malpractice undoubtedly is the most common type of litigation. A substantial group of cases deal with unauthorized operations, which are characterized as battery, emerging from lack of informed consent.
Consent To Surgical Procedures, Carl E. Wasmuth
Consent To Surgical Procedures, Carl E. Wasmuth
Cleveland State Law Review
Case law relating to surgical consent is fairly well settled. A review of the numerous decisions on this question can be summed up with a general statement: If the patient freely consults the physician, understands the operation contemplated, enters the hospital, and submits to the operation, consent is implied. This consent to a surgical operation is a privilege that the patient extends to the surgeon to commit trespass to the person.