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Full-Text Articles in Law
Is Law The Prescription That Can Cure Medicine?, Samuel Gorovitz
Is Law The Prescription That Can Cure Medicine?, Samuel Gorovitz
Journal of Law and Health
Now medical care has been transformed. We recognize that the human organism is a complex interaction of many different systems-respiratory, circulatory, neurological, digestive, and so on. Some of them can fail and create both problems and opportunities we did not formerly have. One of the opportunities we now have is that we can keep people alive who in an earlier era would not have survived. And one of the problems we now have is also that we can keep people alive who in an earlier era would not have survived. Some of them are kept alive with such diminished capacity …
Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse - Current Remedies And A Proposed Statute, Joel Jay Finer
Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse - Current Remedies And A Proposed Statute, Joel Jay Finer
Journal of Law and Health
While sexual abuse of children has always been a real and horrific phenomenon (a fact unrecognized until relatively recently), the issue this Article will explore is whether, and under what circumstances, a person wrongly accused has, or should have, one or more causes of action against a therapist for culpably inducing the pseudomemory. To refine and make more rational legal actions by persons falsely accused of childhood sexual molestation (arguably justified under existing legal doctrine), this Article will propose specific legislation authorizing a lawsuit under codified circumstances and conditions.
Government Created Medical Practice Guidelines: The Opening Of Pandora's Box, William R. Trail, Brad A. Allen
Government Created Medical Practice Guidelines: The Opening Of Pandora's Box, William R. Trail, Brad A. Allen
Journal of Law and Health
This article will discuss the background and creation of medical practice guidelines in part II. Next, we will define and discuss in Part III the two primary types of medical practice guidelines: privately created guidelines and government created guidelines. In Part IV, we will compare and contract the current medical practice guidelines programs in operation. Finally, we will recommend in section V that a medical practice guidelines program offering an affirmative defense to complying physicians should be implemented on the state level.
Ridicule Or Recourse: Parents Falsely Accused Of Past Sexual Abuse Fight Back , Jeffrey M. Whitesell
Ridicule Or Recourse: Parents Falsely Accused Of Past Sexual Abuse Fight Back , Jeffrey M. Whitesell
Journal of Law and Health
This Note argues that wrongly accused parents should be granted standing by the courts to bring suit against therapists who negligently suggest that their children are victims of sexual abuse. The first section will analyze the validity of recovered memories obtained through the use of various suggestive techniques. The second section will explore the various causes of action that courts are considering actionable by innocent third parties against the therapists who implant false memories. The causes of action that will be analyzed are malpractice, negligence, intentional infliction of emotional distress, defamation, loss of companionship and society, and breach of contract. …