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Articles 1 - 21 of 21
Full-Text Articles in Law
A New Approach To Hospital Immunity
A New Approach To Hospital Immunity
Washington and Lee Law Review
No abstract provided.
Aids As A Handicap Under The Federal Rehabilitation Act Of 1973
Aids As A Handicap Under The Federal Rehabilitation Act Of 1973
Washington and Lee Law Review
No abstract provided.
The Application Of A Due Diligence Requirement To Market Share Theory In Des Litigation, Thomas C. Willcox
The Application Of A Due Diligence Requirement To Market Share Theory In Des Litigation, Thomas C. Willcox
University of Michigan Journal of Law Reform
This Note argues that courts should impose a due diligence requirement on plaintiffs as a prerequisite to the use of market share theory. Part I examines traditional products liability theories along with alternative theories and explains the relationship of due diligence to market share theory. Part II argues that due diligence should be a prerequisite to market share liability. Part III discusses the nature of due diligence in this context. Finally, Part IV considers various objections to a due diligence requirement and argues that they are essentially without merit.
Informed Consent In The Prescription Drug Context: The Special Case, Gerald F. Tietz
Informed Consent In The Prescription Drug Context: The Special Case, Gerald F. Tietz
Washington Law Review
Evaluation of the general doctrine of informed consent is the starting point for determining whether, and how, the doctrine might apply to prescription drug therapy. This article demonstrates that, unlike the decision to undergo surgery (the more typical informed consent situation), the process of prescribing drugs contains numerous considerations, many of which are inherent in and unique to prescription drug therapy. The presence of these considerations dictates that courts accord even greater significance to the need for patient participation in prescription drug therapy than that accorded in the more typical consent to surgery situation. Moreover, in light of the many …
Alas! Poor Yorick," I Knew Him Ex Utero: The Regulation Of Embryo And Fetal Experimentation And Disposal In England And The United States, Nicolas P. Terry
Alas! Poor Yorick," I Knew Him Ex Utero: The Regulation Of Embryo And Fetal Experimentation And Disposal In England And The United States, Nicolas P. Terry
Vanderbilt Law Review
Replete with analogies drawn to war crimes and expressed fears that the progress of medical science would be halted, the debate over the ethics of human experimentation is nothing if not complex. Nevertheless, in 1978 The Belmont Report was at least able to identify certain generalized ethical principles to guide researchers: "respect for persons," "beneficence," and "justice."' These ethical principles, however, are based ultimately on our perceptions of humanity and personality. Applying these principles to research on fetuses or embryos is fraught with difficulty. Neither of our pluralistic societies has resolved the "separate" debate regarding the appropriate status afforded pre-viable …
Artificial Nutrition And The Terminally Ill: How Should Washington Decide?, Jacquelyn A. Beatty
Artificial Nutrition And The Terminally Ill: How Should Washington Decide?, Jacquelyn A. Beatty
Washington Law Review
This Comment demonstrates that artificial nutrition and hydration are life-sustaining treatments which all patients have a right to forego under Washington's common law, state constitution, and NDA. Countervailing state interests do not compel a contrary result. Moreover, artificial nutrition and hydration do not require the preclusion of surrogate decisionmaking already recognized by Washington in the life-sustaining treatment context. However, since current judicial guidelines for surrogate-made decisions are inadequate, this Comment concludes by proposing substantive guidelines for such decisions.
An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson
An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson
University of Michigan Journal of Law Reform
The purpose of this study is to describe the general perceptions of doctors and lawyers regarding medical and legal malpractice. The study does not purport to draw conclusions about the statistical significance of the presented numbers and percentages. In addition, the results presented should be interpreted in light of the methodology and response rate obtained in the survey.
Competency For Execution: Problems In Law And Psychiatry, Barbara A. Ward
Competency For Execution: Problems In Law And Psychiatry, Barbara A. Ward
Florida State University Law Review
No abstract provided.
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
UIC Law Review
No abstract provided.
The Illinois Medical Malpractice Reform Act Of 1985: Illinois Operates Unconstitutionally On Medical Malpractice Victims, 19 J. Marshall L. Rev. 677 (1986), George Pecoulas
UIC Law Review
No abstract provided.
The Medical Malpractice Reform Act Of 1985: Legislative Surgery Prescribed To Save Illinois Review Panels, 19 J. Marshall L. Rev. 637 (1986), Ellen Keefe-Garner
The Medical Malpractice Reform Act Of 1985: Legislative Surgery Prescribed To Save Illinois Review Panels, 19 J. Marshall L. Rev. 637 (1986), Ellen Keefe-Garner
UIC Law Review
No abstract provided.
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.
Products Liability: The Continued Viability Of The Learned Intermediary Rule As It Applies To Product Warnings For Prescription Drugs, Barbara Pope Flannagan
Products Liability: The Continued Viability Of The Learned Intermediary Rule As It Applies To Product Warnings For Prescription Drugs, Barbara Pope Flannagan
University of Richmond Law Review
Judicial decisions, as well as statutory enactments, have removed many of the traditional stumbling blocks which formerly hampered an injured plaintiff's recovery against the manufacturer of a defective product. Concomitantly, the past few decades have seen a dramatic increase in the number of product liability suits brought by injured consumers directly against manufacturers. These product liability suits have involved the full range of manufactured products and have proceeded under three basic theories of recovery. While no single type of product, either because of its use or purpose, has been immune from products liability suits, some types of products have special …
Shorter V. Drury: Refusal To Permit Treatment Constitutes Express Assumption Of Risk Which Can Reduce The Liability Of A Negligent Physician, Alisa Beth Arnoff
Shorter V. Drury: Refusal To Permit Treatment Constitutes Express Assumption Of Risk Which Can Reduce The Liability Of A Negligent Physician, Alisa Beth Arnoff
Loyola University Chicago Law Journal
No abstract provided.
Winston V. Lee: Court-Ordered Surgery: Personal Dignity Concerns Create Additional Ambiguity. 20 J. Marshall L. Rev. 187 (1986), David Goodrich
Winston V. Lee: Court-Ordered Surgery: Personal Dignity Concerns Create Additional Ambiguity. 20 J. Marshall L. Rev. 187 (1986), David Goodrich
UIC Law Review
No abstract provided.
Meeting The Goals Of Medicare Prospective Payments, J. Timothy Philipps, Don E. Wineberg, Adam D. Elfenbein
Meeting The Goals Of Medicare Prospective Payments, J. Timothy Philipps, Don E. Wineberg, Adam D. Elfenbein
West Virginia Law Review
No abstract provided.
The Changing Focus Of Peer Review Under Medicare, Peter M. Mellette
The Changing Focus Of Peer Review Under Medicare, Peter M. Mellette
University of Richmond Law Review
Consumers today rely on both physicians and the federal government for health care services. A consumer/patient's visit to a physician is the usual method of access to such services. After examining the patient, the physician will typically send the patient home with a prescription for medication or refer the patient for admission to an appropriate health care provider, such as a hospital. In either instance, the patient incurs medical bills. If the patient is age sixty-five or older, the federal government probably pays for most of those bills through the Medicare program.
Procedural Due Process Rights Of Physicians Applying For Hospital Staff Privileges, Carolyn Quinn
Procedural Due Process Rights Of Physicians Applying For Hospital Staff Privileges, Carolyn Quinn
Loyola University Chicago Law Journal
No abstract provided.
Regulation Of Informed Consent To Human Experimentation, Maria Woltjen
Regulation Of Informed Consent To Human Experimentation, Maria Woltjen
Loyola University Chicago Law Journal
No abstract provided.
Withholding Life-Sustaining Treatment From The Incompetent Patient: The Need For Statutory Guidelines, Melinda M. Organ
Withholding Life-Sustaining Treatment From The Incompetent Patient: The Need For Statutory Guidelines, Melinda M. Organ
Loyola University Chicago Law Journal
No abstract provided.
Illinois' Medical Malpractice Review Panel Provision: A Constitutional Analysis, Therese Dynia
Illinois' Medical Malpractice Review Panel Provision: A Constitutional Analysis, Therese Dynia
Loyola University Chicago Law Journal
No abstract provided.