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Articles 1 - 25 of 25
Full-Text Articles in Law
Defensive Medicine And Obstetric Practices, Michael Frakes
Defensive Medicine And Obstetric Practices, Michael Frakes
Cornell Law Faculty Publications
Using data on physician behavior from the 1979–2005 National Hospital Discharge Surveys (NHDS), I estimate the relationship between malpractice pressure, as identified by the adoption of noneconomic damage caps and related tort reforms, and certain decisions faced by obstetricians during the delivery of a child. The NHDS data, supplemented with restricted geographic identifiers, provides inpatient discharge records from a broad enough span of states and covering a long enough period of time to allow for a defensive medicine analysis that draws on an extensive set of variations in relevant tort laws. Contrary to the conventional wisdom, I find no evidence …
Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler
Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer
The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer
Cornell Law Faculty Publications
No abstract provided.
Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry Palmer
Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry Palmer
Cornell Law Faculty Publications
No abstract provided.
Disease Management And Liability In The Human Genome Era, Larry I. Palmer
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 …
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Cornell Law Faculty Publications
"Patient safety" has come of age. With the publication of several empirical studies of medical injuries and the recent Institute of Medicine Report, To Err is Human: Building a Safe Health System, scholars from a variety of disciplines are advocating "systems thinking" as a way of preventing medical accidents. These scholars have been influenced by efforts to reduce accidents in other high risk industries such as aviation and scholarship in law proposing "no fault systems" for compensating medical accident victims. This article proposes that in order to incorporate "systems thinking" about medical error reduction, legal scholarship on the health care …
Institutional Analysis And Physicians’ Rights After Vacco V. Quill, Larry I. Palmer
Institutional Analysis And Physicians’ Rights After Vacco V. Quill, Larry I. Palmer
Cornell Law Faculty Publications
No abstract provided.
The Persistent Vegetative State: A View Across The Legal Divide, H. Richard Beresford
The Persistent Vegetative State: A View Across The Legal Divide, H. Richard Beresford
Cornell Law Faculty Publications
Praise for Fred Plum can take many forms: for pedagogical dynamism, for depth and breadth of contributions to neurology and neuroscience, for sure-handed guidance of a department that has infused neurology with today’s and tomorrow’s leaders, and for a truly uncanny ability to fan a drive to excel in those he has touched. Mindful of his admonition to be substantive in what one says and does, my praise will embody a few reflections on the enduring legal and social impact of the “point of view” he and Bryan Jennett authored for the journal Lancet in 1972.
Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer
Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer
Cornell Law Faculty Publications
No abstract provided.
Who Are The Parents Of Biotechnological Children?, Larry I. Palmer
Who Are The Parents Of Biotechnological Children?, Larry I. Palmer
Cornell Law Faculty Publications
No abstract provided.
A Rejoinder, Larry I. Palmer
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano
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
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.
Wealth, Equity, And The Unitary Medical Malpractice Standard, John A. Siliciano
Wealth, Equity, And The Unitary Medical Malpractice Standard, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Legal Implications Of Epilepsy, H. Richard Beresford
Legal Implications Of Epilepsy, H. Richard Beresford
Cornell Law Faculty Publications
Physicians who care for patients with epilepsy may function as agents or targets of social control. As agents, they may assist in the identification and control of epileptic drivers, may provide information that enables fair and appropriate job placements for epileptic persons, and give testimony that helps the legal system resolve issues relating to the liability of epileptic persons for harm attributed to seizures or interictal behavioral disturbances. As targets, they may be charged with negligent failure to diagnose, treat, or inform about epilepsy or its associated problems, with failure to exercise due care in protecting persons harmed by their …
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain
An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
Severe Neurological Impairment: Legal Aspects Of Decisions To Reduce Care, H. Richard Beresford
Severe Neurological Impairment: Legal Aspects Of Decisions To Reduce Care, H. Richard Beresford
Cornell Law Faculty Publications
Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain (“brain death”). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents …
Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford
Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford
The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford
Cornell Law Faculty Publications
The Massachusetts Supreme Court has recently ruled that decisions about withholding care from hopelessly ill, legally incapacitated patients must be made by judges. It clearly rejected the view that families and attending physicians should be empowered to make such decisions. In this respect, the ruling contrasts with that of the Quinlan case and highlights the issue of whether judges or physicians and families are better able to make medically and morally sound decisions respecting this class of patients.
Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford
Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr.
Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Judicial Review Of Medical Treatment Programs, H. Richard Beresford
Judicial Review Of Medical Treatment Programs, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford
Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford
Cornell Law Faculty Publications
A survey of 54 psychiatric units disclosed that 49 (91%) were using electroconvulsive (ECT), principally for major depressive illnesses. During the five-year period 1964 to 1968, fractures and other complications of ECT were uncommon. Sudden death was reported in seven cases. During this period, none of the respondents or their affiliated physicians had been involved in lawsuits relating to the use of ECT. In general, suits for injuries occasioned by the use of ECT seem to be declining. Possible remaining problem areas are the performance of ECT without the prior consent of the patient; the failure to have facilities and …
The Teaching Of Legal Medicine In Medical Schools In The United States, H. Richard Beresford
The Teaching Of Legal Medicine In Medical Schools In The United States, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.