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Full-Text Articles in Law

Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano Sep 1994

Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.


Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano Jan 1994

Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.


A New Predicament For Physicians: The Concept Of Medical Futility, The Physician's Obligation To Render Inappropriate Treatment, And The Interplay Of The Medical Standard Of Care, Eric M. Levine Jan 1994

A New Predicament For Physicians: The Concept Of Medical Futility, The Physician's Obligation To Render Inappropriate Treatment, And The Interplay Of The Medical Standard Of Care, Eric M. Levine

Journal of Law and Health

Part II of this article discusses the concept of futility and reviews various proposed approaches to defining "futility". This article then shows how personal value judgments play an integral part in determining futility under virtually all of these approaches. Part II concludes that a decision that treatment is futile should not be based on the individual values of only the patient or physician under the shared decisionmaking model of the physician-patient relationship. Part III tackles the issue whether a physician must offer or continue treatment deemed "medically and ethically inappropriate." Part III first reviews common law doctrines governing the physician-patient …