Law Commons^™

Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt

University of Richmond Law Review

No abstract provided.

Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.

Faculty Publications

Critics of medical malpractice litigation believe that expert testimony is often anecdotal and biased. To remedy this problem, several have recently suggested that attorneys should provide and courts should seek reliable empirical evidence of actual clinical norms. Their suggestion should be welcomed. If our expectations are realistic and the design pitfalls are avoided, greater use of use of empirical research will improve the fairness of malpractice adjudication. At least in theory, it could be useful in both the "easy" cases (where it reveals that a consensus standard of care exists) and also some of the harder cases (where clinical practices …

Conjoined Twins And Catholic Moral Analysis: Extraordinary Means And Casuistical Consistency, M. Cathleen Kaveny

M. Cathleen Kaveny

This article draws upon the Roman Catholic distinction between “ordinary” and “extraordinary” means of medical treatment to analyze the case of “Jodie” and “Mary,” the Maltese conjoined twins whose surgical separation was ordered by the English courts over the objection of their Roman Catholic parents and Cormac Murphy-O’Connor, the Roman Catholic Cardinal Archbishop of Westminster. It attempts to shed light on the use of that distinction by surrogate decision makers with respect to incompetent patients. In addition, it critically analyzes various components of the distinction by comparing the reasoning used by Catholic moralists in this case with the reasoning used …

Balancing Interests: Statute Of Limitations And Repose In Medical Malpractice Cases, Laurie L. Paterson

LLM Theses and Essays

In the 1970s a crisis occurred in the medical malpractice insurance industry. As tort law began to favor plaintiffs, the number and severity of medical malpractice claims increased. Insurance companies inundated with a deluge of claims correspondingly increased their premiums or pulled out of the malpractice insurance industry all together. Some physicians were unable to obtain medical malpractice insurance and others were faced with as much as a 300% rise in insurance premiums. As a result, the medical profession urged states to enact medical malpractice tort reform. Some states’ tort reform included legislation such as award caps, collateral source offset, …

The Case Against Assisted Suicide Reexamined, Ani B. Satz

Michigan Law Review

In Toni Morrison's acclaimed novel Beloved, Sethe, a runaway slave woman on the brink of capture, gruesomely murders one of her infant children and is halted seconds before killing the second. Cognizant of the approaching men, Sethe's actions are deliberate, swift, confident, and unflinching. Afterwards, she sits erect in the Sheriff's wagon. The reader is left to struggle, situating the horror of the event within the context of the reality of slavery. Was this an act of mercy tQ prevent the suffering Sethe's child would know as a slave? Is loss of autonomy, even rising to the condition of slavery, …

Secret Codes, Military Hospitals, And The Law Of Armed Conflict: Could Military Medical Facilities' Use Of Encrypted Communications Subject Them To Attack Under International Law?, Philip R. Principe

University of Arkansas at Little Rock Law Review

No abstract provided.

Giving A Voice To The Silent Mentally Ill Client: An Empirical Study Of The Role Of Counsel In The Civil Commitment Hearing, Donald H. Stone

All Faculty Scholarship

In the civil commitment arena, where a mentally ill person is allegedly a danger to the life or safety of themselves or of others and in need of in-patient care or treatment, there are two groups assigned to protect the people: one, the hospital presenter, who is responsible for investigating and presenting evidence and testimony at a hearing to secure admission to a psychiatric facility as an involuntary patient, the other, the lawyer, who represents and defends the allegedly mentally ill person from such involuntary civil commitment confinement. These are their stories.

The attorney representing a mentally ill client at …

The Medicare Anti-Kickback Statute: In Need Of Reconstructive Surgery For The Digital Age, Michael E. Paulhus

Washington and Lee Law Review

No abstract provided.

On Causation And Comparison: Medical Malpractice And Other Professional Negligence After Steiner Corp. V. Johnson & Higgins, Ryan M. Springer

Brigham Young University Journal of Public Law

No abstract provided.

The Usage And Meaning Of "Clinical Significance" In Drug-Related Litigation, Sarah M.R. Cravens

Washington and Lee Law Review

No abstract provided.

Disease Management And Liability In The Human Genome Era, Larry I. Palmer

Cornell Law Faculty Publications

The completion of a rough draft of the Human Genome presents both tremendous potential for improvements in health care delivery and challenges to providing appropriate incentives that will bring forth new treatments while protecting individuals and groups from genetic discrimination. As "genetics" becomes an integral part of health care delivery, there are no existing coherent legal doctrines for balancing the risks and benefits of this technological and scientific achievement. Developing a coherent legal approach to these risks and benefits requires a reexamination of the purposes of the liability doctrines that govern the management of disease processes. At the moment, a …

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Child Sexual Abuse And Assault In Chicago: The Rest Of The Dismal Iceberg, Michael J. Howlett Jr.

Public Interest Law Reporter

No abstract provided.

Controversy In The Deaf Community, Molly Mack

Public Interest Law Reporter

No abstract provided.

Sixth Circuit To Decide Whether Medicaid-Eligible Children Have Redress In Federal Court System, Jamie Rutkowski

Public Interest Law Reporter

No abstract provided.

Students Assume Legislator-Role To Tackle Lead Paint Poisoning Problem, Maria A. Petrone, Lori Hall-Armstrong, Gia Divito, Jayne Westendorp-Holland

Public Interest Law Reporter

No abstract provided.

Lead Poisoning Threatens Children's Health, Legal System Responds, Anita Weinberg

Public Interest Law Reporter

No abstract provided.

Loyola Hosts Forum Exploring Lead Poisoning, Valerie Puryear

Public Interest Law Reporter

No abstract provided.

Apparent Authority And Healthcare In Illinois, 22 N. Ill. U. L. Rev. 475 (2002), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.

Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler

UIC Law Open Access Faculty Scholarship

Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …

Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean

UIC John Marshall Journal of Information Technology & Privacy Law

Cybersurgery is a surgical technique that allows a surgeon, using a telecommunication conduit connected to a robotic instrument, to operate on a remote patient. As a medical doctor, the author discusses the place of cybersurgery in the U.S. health care system of the new millennium. The author first reviews the field of cybersurgery and how the automatic surgeon will make off-line remote surgery possible. Then, he examines the global economy in health care systems and the impact of cybersurgery on closure of community hospitals and displacing physicians. Consequently, he discusses the ability of these entities to protect themselves with trade …

Rights Of Embryo And Foetus In Private Law, Timothy Stoltzfus Jost

Scholarly Articles

This article summarizes the rights of the embryo and fetus under American law. It was presented as a country report at the World Congress on Comparative Law, and is written primarily for a non U.S. audience. It examines, for example, the legal position of the embryo and fetus with respect to their parents, issues in research involving embryos and fetuses, remedies for torts or crimes against an embryo or fetus, and issues involving stem cell research.

The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost

Scholarly Articles

Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …

What's So Strange About Human Cloning?, Radhika Rao

Faculty Scholarship

No abstract provided.

E.R.I.S.A. Subrogation As Interpreted Within The Seventh Circuit - A Roadmap For Managing First Dollar Recovery, 35 J. Marshall L. Rev. 765 (2002), Gregory Pitts

UIC Law Review

No abstract provided.

The Right Of Refuse: A Call For Adequate Protection Of A Pharmacist's Right To Refuse Facilitation Of Abortion And Emergency Contraception, Donald W. Herbe

Journal of Law and Health

The purpose of this Note is not to argue for or against either the pro-life or pro-choice positions. The purpose of this Note is to shed light on a serious moral dilemma that faces many pharmacists today, to call for universal acceptance in the pharmacy profession of a right of conscience, and to suggest adequate state and national legislative measures that would protect and prevent pharmacists from having to act contrary to their basic moral convictions. Section I provides background regarding present day abortive and contraceptive drug therapies and the role of the pharmacist in providing such medications. Section II …

Unbuckling The “Chemical Straitjacket”: The Legal Significance Of Recent Advances In The Pharmacological Treatment Of Psychosis, Douglas Mossman

San Diego Law Review

The

pharmacotherapeutic properties of antipsychotic medications— their actions, therapeutic uses, benefits, adverse effects, contraindications, and risks—are quintessentially medical topics, even when the situations and contexts in which doctors prescribe or recommend their use raise legal questions. Frequently, however, the legal database (that is, published opinions, legislation, regulation, and law review articles) is the principal or sole information source cited and consulted by lawyers, judges, and scholars who write about these drugs and make decisions concerning the persons that may have to take them. What often results is the perpetuation of mistaken, outdated, distorted, biased, contradictory,

or just plain foolish ideas …

Industry And The Academy: Conflicts Of Interest In Contemporary Health Research, Jocelyn Downie

Articles, Book Chapters, & Popular Press

The case of Dr. Nancy Olivieri, the Hospital for Sick Children (HSC), the University of Toronto, and Apotex Inc. (hereinafter the "Olivieri case") is critically important to an understanding of the issues central to contemporary health research and the safety of research participants. First, the case illustrates the huge stakes in such research – not only billions of dollars, but the health of Canadians. Second, the case played out at a crucial time in the history of the regulation of health research. Like other recent high-profile cases, it challenged the ways in which research is governed at the local and …

Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt

UIC Law Review

No abstract provided.

Lost Chance In Illinois? That May Still Be The Case, 36 J. Marshall L. Rev. 249 (2002), Lisa Petrilli

UIC Law Review

No abstract provided.