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Full-Text Articles in Law
Health Care Law, Sean P. Byrne, Paul Walkinshaw
Health Care Law, Sean P. Byrne, Paul Walkinshaw
University of Richmond Law Review
Arguably, no other field of law in Virginia matches the complexity, magnitude, and universality of health care. It therefore comes as little surprise that Virginia's legislative and judicial branches of government devoted substantial attention to health care law issues in 2006 and 2007. Between April 2006 and April 2007 the time period covered by this article the Supreme Court of Virginia decided a large number of cases directly affecting health care law in the Commonwealth. The 2007 legislative session also addressed a host of health care issues and those with the most impact are summarized herein. These judicial and legislative …
Negligent Hiv Testing And False-Positive Plaintiffs: Pardoning The Traditional Prerequisites For Emotional Distress Recovery, Nicholas M. Coquillard
Negligent Hiv Testing And False-Positive Plaintiffs: Pardoning The Traditional Prerequisites For Emotional Distress Recovery, Nicholas M. Coquillard
Cleveland State Law Review
This Note focuses upon the unique circumstances surrounding false-positive plaintiffs' claims. Part II examines the recent surge of litigation resulting from false-positive test results. The discussion begins by analyzing HIV antibody testing and procedure and concludes by noting that negligent testing is the prevailing factor in faulty diagnosis. Part III explores negligent infliction of emotional distress as a cause of action for false-positive plaintiffs. This section begins by tracing the historical development of the law on negligent infliction of emotional distress. The discussion focuses on both the development and abandonment of the traditional limitations placed upon emotional distress recovery. Part …
Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake
Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake
Cleveland State Law Review
The purpose of this article is: (1) To define traumatic neurosis on a medico-legal basis. (2) To determine when damages may be recovered for traumatic neurosis through a review of recent cases.
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Articles
MENTAL pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone. Lord Wensleydale's famous dictum in Lynch v. Knight will serve as a starting point for this discussion. His lordship's notion of mental pain is evidently that of a "state of mind" or feeling, hidden in the inner consciousness of the individual; an intangible, evanescent something too elusive for the hardheaded workaday common law to handle. Likewise, in that very interesting problem regarding recovery for damages sustained through fright, it is always assumed, tacitly or expressly, that mere …