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Articles 1 - 20 of 20
Full-Text Articles in Law
Due Process Supreme Court Appellate Division
Legal Considerations In Pediatric And Adolescent Obstetrics And Gynecology, Steven R. Smith
Legal Considerations In Pediatric And Adolescent Obstetrics And Gynecology, Steven R. Smith
Faculty Scholarship
Providing gynecologic and obstetric care for minors raises important legal issues and it is critical that health-care providers understand those legal issues. State laws are often somewhat complicated and unsettled in the areas minors’ of consent to treatment, privacy and information, and abuse reporting requirements. State statutes commonly give minors the authority to consent to treatment for STIs, pregnancy, and contraception. There are, however, many variations among states in these areas. Most states limit the ability of minors to consent to abortion without some parental (or court) involvement. In some circumstances, a physician may provide information to parents if it …
Informing Consent: Medical Malpractice And The Criminalization Of Pregnancy, Laura Beth Cohen
Informing Consent: Medical Malpractice And The Criminalization Of Pregnancy, Laura Beth Cohen
Michigan Law Review
Since the early 1990s, jurisdictions around the country have been using civil child abuse laws to penalize women for using illicit drugs during their pregnancies. Using civil child abuse laws in this way infringes on pregnant women’s civil rights and deters them from seeking prenatal care. Child Protective Services agencies are key players in this system. Women often become entangled with the Child Protective Services system through their health care providers. Providers will drug test pregnant women without first alerting them to the potential negative consequences stemming from a positive drug test. Doing so is a breach of these providers’ …
The Intersection Of Contract Law, Reproductive Technology, And The Market: Families In The Age Of Art, Deborah Zalesne
The Intersection Of Contract Law, Reproductive Technology, And The Market: Families In The Age Of Art, Deborah Zalesne
University of Richmond Law Review
No abstract provided.
The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone
The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone
All Faculty Scholarship
When a child with a mental illness is being prescribed psychotropic medication. who decides whether the child should take the medication — the parent or the child? What if the child is sixteen years of age? What if the child is in foster care: Should the parent or social service agency decide? Prior to administering psychotropic medication, what specific information should be provided to the person authorized to consent on behalf of the child? Should children be permitted to refuse psychotropic medications? If so, at what age should a child he able to refuse such medication What procedures should be …
Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker
Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker
Michigan Journal of Gender & Law
If we slightly change the facts of the story about the discouraging doctor, it becomes a story that happens every day. Abortion patients face attempts to discourage them from terminating their pregnancies like those the imaginary doctor used, as well as others-and state laws mandate these attempts. While the law of every state requires health care professionals to secure the informed consent of the patient before any medical intervention, over half of the states place additional requirements on legally effective informed consent for abortion. These laws sometimes include features that have ethical problems, such as giving patients deceptive information. Unique …
The Therapeutic Misconception: A Threat To Valid Parental Consent For Paediatric Neuroimaging Research, Michael Hadskis, Nuala Kenny, Jocelyn Downie, Matthias Schmidt, Ryan D'Arcy
The Therapeutic Misconception: A Threat To Valid Parental Consent For Paediatric Neuroimaging Research, Michael Hadskis, Nuala Kenny, Jocelyn Downie, Matthias Schmidt, Ryan D'Arcy
Articles, Book Chapters, & Popular Press
Neuroimaging research has brought major advances to child health and well-being. However, because of the vulnerabilities associated with neurological and developmental conditions, the parental need for hope, and the expectation of parents that new medical advances can benefit their child, pediatric neuroimaging research presents significant challenges to the general problem of consent in the context of research involving children. A particular challenge in this domain is created by the presence of therapeutic misconception on the part of parents and other key research stakeholders. This article reviews the concept of therapeutic misconception and its role in pediatric neuroimaging research. It argues …
Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise
Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise
Journal of Law and Health
This note examines "consensual" sexual relationships between non-mental health physicians and patients. More specifically, it examines whether such relationships ever amount to medical malpractice. Generally, a non-mental health physician would be liable under the rubric of medical malpractice only if the sexual relationship was commenced under the guise of "medical treatment." Recent cases, however, have expanded liability in certain circumstances when the physician-patient relationship has involved "counseling matters." "Counseling matters" describes talking to patients about their feelings, or discussing personal problems not necessarily related to their proposed treatment. Medical treatment supplemented by "counseling" purportedly requires greater scrutiny due to the …
Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon
Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon
Articles
Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be ”synthesized’ to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here - ones for the New Jersey murder statute and the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility.
Fetal Research: An Investigator's View, David G. Nathan
Fetal Research: An Investigator's View, David G. Nathan
Villanova Law Review
No abstract provided.
Cost-Benefit Ethics: The Utilitarian Approach To Fetal Research, Juliana Geran Pilon
Cost-Benefit Ethics: The Utilitarian Approach To Fetal Research, Juliana Geran Pilon
Villanova Law Review
No abstract provided.
The Impact On Fetal Research Of The Report Of The National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research, Robert J. Levine
The Impact On Fetal Research Of The Report Of The National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research, Robert J. Levine
Villanova Law Review
No abstract provided.
Fetal Experimentation: Rights Of The Father And Questions Of Personhood, John P. Wilson
Fetal Experimentation: Rights Of The Father And Questions Of Personhood, John P. Wilson
Villanova Law Review
No abstract provided.
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar
Articles
There have been and there will continue to be compelling circumstances when a doctor or relative or friend will violate The Law On The Books and, more often than not, receive protection from The Law In Action. But this is not to deny that there are other occasions when The Law On The Books operates to stay the hand of all concerned, among them situations where the patient is in fact ( 1 ) presently incurable, ( 2) beyond the aid of any respite which may come along in his life expectancy, suffering ( 3 ) intolerable and ( 4) …
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Articles
In essence, Williams' specific proposal is that death be authorized for a person in the above situation "by giving the medical practitioner a wide discretion and trusting to his good sense." This, I submit, raises too great a risk of abuse and mistake to warrant a change in the existing law. That a proposal entails risk of mistake is hardly a conclusive reason against it. But neither is it irrelevant. Under any euthanasia program the consequences of mistake, of course, are always fatal. As I shall endeavor to show, the incidence of mistake of one kind or another is likely …
Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau
Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau
Cleveland State Law Review
In any discussion of an emergency room or an emergency department or an emergency service, a definition of the terms of reference is always helpful at the start. Unfortunately, definitions of what constitutes an "emergency room" are not easily found and although numerous regulations governing hospitals refer to the provision of emergency service, none have hazarded a precise definition. Thus far, definitions all seem to be in agreement that personnel, materials and regulations should be present to insure immediacy or promptness of care. But uniform agreement on how immediacy and promptness are to be provided does not seem to be …
Investigational Drugs And The Law, George F. Archambault
Investigational Drugs And The Law, George F. Archambault
Cleveland State Law Review
Moving directly to the subject "Investigational Drugs and the Law" and being concerned primarily with preventative law, a topic not unlike preventative medicine, what is it that must be known as a lawyer in this specialty field in order to aid physicians and pharmacists involved in clinical research, in clinical pharmacology research, in hospital administration, and in nursing and pharmacy practices to keep them from legal pitfalls? It is necessary to tackle the subject in a two-pronged manner: (1) the federal and state statutes, and (2) case law.
Consent To Surgery, Gerald M. Smith, R. Joseph Olinger
Consent To Surgery, Gerald M. Smith, R. Joseph Olinger
Cleveland State Law Review
The legal aspects of a patient's consent to operation, or the lack of such consent, are many and varied. The general rule is that consent of the patient, or of someone authorized to act for him, is necessary in order for a physician to legally operate. This rule is not altered by the fact that an unauthorized operation is slight and ordinarily is not accompanied by serious consequences. Where no consent is present, a surgical operation upon the body is a technical battery, and in the absence of exceptional circumstances, appropriate damages may be recovered from the physician. The question …
The Pathologist And The Autopsy, Lawrence J. Mccormack
The Pathologist And The Autopsy, Lawrence J. Mccormack
Cleveland State Law Review
The autopsy, properly performed, remains one of the keystones of modern medicine. However, obtaining the legally required consent or authorization for a medical autopsy can be a complex, almost impossible task. Simplification of the legal requirements for consent throughout the United States would be a definite step forward for medicine, and would benefit society generally.
Surgical Operation On Minor Without Consent Of Parent, Harry B. Hutchins
Surgical Operation On Minor Without Consent Of Parent, Harry B. Hutchins
Articles
The case of Bakker v. Welsh et al., Io8 N. W. Rep. 94, recently decided by the Supreme Court of Michigan, is of interest, as it involves a question of special importance to the surgical practitioner and one upon which there seems to be a great dearth of authority.