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Medical Jurisprudence

1990

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Articles 1 - 30 of 34

Full-Text Articles in Law

Are Pharmacists Responsible For Physicians' Prescription Errors? Mckee V. American Home Products, 113 Wash. 2d 701, 782 P.2d 1045 (1989), Elizabeth D. Smith Oct 1990

Are Pharmacists Responsible For Physicians' Prescription Errors? Mckee V. American Home Products, 113 Wash. 2d 701, 782 P.2d 1045 (1989), Elizabeth D. Smith

Washington Law Review

In McKee v. American Home Products, the Washington Supreme Court held that pharmacists' duties do not include contacting physicians who make judgment errors when prescribing medication. When physicians make obvious errors, however, juries decide whether pharmacists should contact physicians. This Note examines McKee and proposes that either juries should determine pharmacists' duties in all cases or, alternatively, the legislature should require pharmacists to contact physicians whenever prescriptions as issued could harm patients.


A Modest Proposal: A Psychotherapist-Patient Privilege For West Virginia, Franklin D. Cleckley Sep 1990

A Modest Proposal: A Psychotherapist-Patient Privilege For West Virginia, Franklin D. Cleckley

West Virginia Law Review

No abstract provided.


Human Gene Therapy And The Law: An Introduction To The Literature, Edward J. Larson Jul 1990

Human Gene Therapy And The Law: An Introduction To The Literature, Edward J. Larson

Scholarly Works

This essay will review introductory selections on the law of human gene therapy in the context of four common starting points: the discovery of DNA structure, past efforts to regulate genetic engineering, America's experience with eugenics, and historical, constitutional, or cultural values.


Legislative Update On The State Adoption Of The 1987 Revision To The Uniform Anatomical Gift Act Of 1968, Daphne D. Sipes May 1990

Legislative Update On The State Adoption Of The 1987 Revision To The Uniform Anatomical Gift Act Of 1968, Daphne D. Sipes

Brigham Young University Journal of Public Law

No abstract provided.


Utah Government Immunity Act And Government Hospitals: Condemarin V. University Hospital, Michael A. Royal May 1990

Utah Government Immunity Act And Government Hospitals: Condemarin V. University Hospital, Michael A. Royal

Brigham Young University Journal of Public Law

No abstract provided.


Gestational Substance Abuse: A Call For A Thoughtful Legislative Response, Kristen Rachelle Lichtenberg Apr 1990

Gestational Substance Abuse: A Call For A Thoughtful Legislative Response, Kristen Rachelle Lichtenberg

Washington Law Review

Gestational substance abuse seriously threatens fetal health. Recently, many states have prosecuted women who abuse drugs or alcohol during pregnancy. This Cornment argues that Roe v. Wade, 410 U.S. 113 (1973), should govern state intervention in cases of gestational substance abuse. Because criminal prosecution fails to prevent gestational substance abuse, a state seeking to intervene should use civil commitment as the means of intervention.


Hospital Liability For Defamation Of Character During The Peer Review Process: Sticks And Stones May Break My Bones, But Words May Cost Me My Job Apr 1990

Hospital Liability For Defamation Of Character During The Peer Review Process: Sticks And Stones May Break My Bones, But Words May Cost Me My Job

West Virginia Law Review

No abstract provided.


Autonomy And Informed Consent In Medical Decisionmaking: Toward A New Selffulfilling Prophecy, Cathy J. Jones Mar 1990

Autonomy And Informed Consent In Medical Decisionmaking: Toward A New Selffulfilling Prophecy, Cathy J. Jones

Washington and Lee Law Review

No abstract provided.


To Boldly Go Where No One Has Gone Before: The Final Frontier Of Illinois Expert Winess Testimony In Medical Malpractice Cases, Charles Chapman Honorable, Robert Robertson Jan 1990

To Boldly Go Where No One Has Gone Before: The Final Frontier Of Illinois Expert Winess Testimony In Medical Malpractice Cases, Charles Chapman Honorable, Robert Robertson

Loyola University Chicago Law Journal

No abstract provided.


Mandatory Testing Of Hospital Employees Exposed To The Aids Virus: Need To Know Or Unwarranted Invasion Of Privacy?, Donald J. Mcneil, Laurie A. Spieler Jan 1990

Mandatory Testing Of Hospital Employees Exposed To The Aids Virus: Need To Know Or Unwarranted Invasion Of Privacy?, Donald J. Mcneil, Laurie A. Spieler

Loyola University Chicago Law Journal

No abstract provided.


The Aid Child And In Re Marriage Of Adams: Ambiguities In The Illinois Parentage Act (Or Who's Your Daddy?), Lauren S. Smith Jan 1990

The Aid Child And In Re Marriage Of Adams: Ambiguities In The Illinois Parentage Act (Or Who's Your Daddy?), Lauren S. Smith

Loyola University Chicago Law Journal

No abstract provided.


Antitrust Challenges To Nonprofit Hospital Mergers Under Section 7 Of The Clayton Act, Paul A. Jorissen Jan 1990

Antitrust Challenges To Nonprofit Hospital Mergers Under Section 7 Of The Clayton Act, Paul A. Jorissen

Loyola University Chicago Law Journal

No abstract provided.


Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle Jan 1990

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Regulating The "Gift Of Life"—The 1987 Uniform Anatomical Gift Act, Ann Mcintosh Jan 1990

Regulating The "Gift Of Life"—The 1987 Uniform Anatomical Gift Act, Ann Mcintosh

Washington Law Review

Demand for human transplant organs exceeds the supply. The 1987 Uniform Anatomical Gift Act provides a model for state laws intended to alleviate this shortage. This Comment analyzes these proposed laws in light of their potential impact on, first, the organ shortage and, second, the legal rights of donors and their families. Enactment of the 1987 Uniform Anatomical Gift Act can increase organ donation in Washington while intruding minimally on family and physician control of the donation process.


Recognizing Personhood And The Right To Die With Dignity, George P. Smith Ii Jan 1990

Recognizing Personhood And The Right To Die With Dignity, George P. Smith Ii

Scholarly Articles

Death cannot be viewed properly as either an event or a configuration. Indeed, multiple parts of the body can continue to live long after the disintegration of its central organization is recorded. Instead of collapsing at a moment in time, technological mechanisms are capable of sustaining the major bodily processes indefinitely--all designed to allow for the harvesting of needed organs for transplantation. State legislative efforts have been undertaken in America to define those specific circumstances when death occurs legally. Although always allowed to exercise reasonable discretion in their decision making, attending physicians will nonetheless be aided by these laws that …


Treatment Of The Mentally Disabled: Rethinking The Community-First Idea, Christopher Slobogin Jan 1990

Treatment Of The Mentally Disabled: Rethinking The Community-First Idea, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In the past several decades the treatment, habilitation and education of the mentally disabled has been heavily influenced by what could be called the "community-first" movement. This movement which encompasses such developments as deinstitutionalization, the least restrictive alternative doctrine, normalization, mainstreaming,and outpatient commitment-is based on the idea that, in caring for the mentally disabled, we should favor placement in the community rather than in institutions segregated from mainstream populations. The community-first idea is not unanimously supported. But Congress, many courts, and countless advocacy groups composed of lawyers, mental health professionals and laypeople have rallied behind the community first standard as …


In Re E.G.: The Right Of Mature Minors In Illinois To Refuse Lifesaving Medical Treatment, Jennifer Fouts Skeels Jan 1990

In Re E.G.: The Right Of Mature Minors In Illinois To Refuse Lifesaving Medical Treatment, Jennifer Fouts Skeels

Loyola University Chicago Law Journal

No abstract provided.


International Union, Uaw V. Johnson Controls, Inc.: Fetal Protection Policies And The Subordination Of A Woman's Economic Role To Her Reproductive Role In Society, Lori Ann Kijowski Jan 1990

International Union, Uaw V. Johnson Controls, Inc.: Fetal Protection Policies And The Subordination Of A Woman's Economic Role To Her Reproductive Role In Society, Lori Ann Kijowski

Loyola University Chicago Law Journal

No abstract provided.


A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli Jan 1990

A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.


In Re E.G., A Minor: Death Over Life: A Judicial Trend Continues As The Illinois Supreme Court Grants Minors The Right To Refuse Life-Saving Medical Treatment, 23 J. Marshall L. Rev. 771 (1990), William D. Brewster Jan 1990

In Re E.G., A Minor: Death Over Life: A Judicial Trend Continues As The Illinois Supreme Court Grants Minors The Right To Refuse Life-Saving Medical Treatment, 23 J. Marshall L. Rev. 771 (1990), William D. Brewster

UIC Law Review

No abstract provided.


A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli Jan 1990

A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.


Discrimination: The Difference With Aids, Raymond C. O'Brien Jan 1990

Discrimination: The Difference With Aids, Raymond C. O'Brien

Scholarly Articles

No abstract provided.


Ex Parte Contracts Between Plaintiff's Physician And Defense Attorneys: Protecting The Patient-Litigant's Right To A Fair Trial, Philip H. Corboy Jan 1990

Ex Parte Contracts Between Plaintiff's Physician And Defense Attorneys: Protecting The Patient-Litigant's Right To A Fair Trial, Philip H. Corboy

Loyola University Chicago Law Journal

No abstract provided.


Annual Survey Of Virginia Law: Recent Developments In Medical Malpractice And Health Care Law, Peter M. Mellette Jan 1990

Annual Survey Of Virginia Law: Recent Developments In Medical Malpractice And Health Care Law, Peter M. Mellette

University of Richmond Law Review

Over the past year, medical malpractice and health care law in the Commonwealth have undergone significant changes. Major case decisions and significant legislative activity, both at the state and federal levels, have altered the playing field for many health care providers, insurers, and consumers.


University Of Richmond Law Review Jan 1990

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Physicians And Maternal-Fetal Conflicts: Duties, Rights And Responsibilities, James J. Nocon Jan 1990

Physicians And Maternal-Fetal Conflicts: Duties, Rights And Responsibilities, James J. Nocon

Journal of Law and Health

The physician-patient relationship is substantially influenced by issues involving ethics, morality, law, and politics. Throughout this article, the nexus between law and medicine will be emphasized. Perhaps the most important of these associations is the relationship between principles, duties and rights. Justice Holmes aptly stated that since no rights were absolute, they were poor tools for analysis in any case because they were not truly fundamental considerations. "Duties precede rights logically and chronologically." Holmes eventually came to view "duties" as derivative notions and thought that it was essential to understand the principles at work, not the moral sounding labels attached …


Disclosure Of Medical Information Under Louisiana And Federal Law, David V. Snyder Jan 1990

Disclosure Of Medical Information Under Louisiana And Federal Law, David V. Snyder

Articles by Maurer Faculty

No abstract provided.


Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer Jan 1990

Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer

UIC Law Review

No abstract provided.


Elimination Of Process: Will The Biotechnology Patent Protection Act Revive Process Patents, 24 J. Marshall L. Rev. 263 (1990), Kerin Kelly Jan 1990

Elimination Of Process: Will The Biotechnology Patent Protection Act Revive Process Patents, 24 J. Marshall L. Rev. 263 (1990), Kerin Kelly

UIC Law Review

No abstract provided.


Liberalism, Republicanism And The Abortion Controversy, Gary C. Leedes Jan 1990

Liberalism, Republicanism And The Abortion Controversy, Gary C. Leedes

Villanova Law Review

No abstract provided.