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Full-Text Articles in Law
Italy - The New Italian Regime For Healthcare Liability And The Role Of Clinical Practice Guidelines: A Dialogue Among Legal Formants, Laura Maria Franciosi
Italy - The New Italian Regime For Healthcare Liability And The Role Of Clinical Practice Guidelines: A Dialogue Among Legal Formants, Laura Maria Franciosi
Journal of Civil Law Studies
No abstract provided.
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’ …
Maine Physician Practice Guidelines: Implications For Medical Malpractice Litigation, Jennifer S. Begel
Maine Physician Practice Guidelines: Implications For Medical Malpractice Litigation, Jennifer S. Begel
Maine Law Review
This Article assesses the use of physician practice guidelines as a vehicle for medical malpractice tort reform and focuses upon the State of Maine's legislation incorporating physician practice parameters into the defense of medical malpractice litigation. The Maine Medical Liability Demonstration Project (the “Demonstration Project”) legislatively adopts practice guidelines in four different medical specialties and allows physicians in those specialties to assert compliance with the applicable guideline as an affirmative defense. The affirmative defense of compliance with such guidelines has been touted as a means of protecting physicians from, and decreasing the costs associated with, medical malpractice litigation. While the …
A Taste Of Their Own Medicine: Examining The Admissibility Of Experts' Prior Malpractice Under The Federal Rules Of Evidence, Neil Henson
Vanderbilt Law Review
Medical malpractice litigation is challenging for both plaintiffs and defendants. The intersection of legal issues with complex medical theories creates a dispute focused on expert witnesses, which leads to greater litigation expenses and cumbersome legal proceedings.' As one scholar observed, "medical malpractice has proven to be ... an unpleasant quagmire of unending skirmishes and full-scale engagements spread across a shifting battlefield." That analogy is fitting considering the stakes of a medical malpractice case-the injured patient's emotional, physical, and financial well-being may be contingent on a successful outcome, while the doctor may perceive even the threat of litigation as detrimental to …
Latent Medical Errors And Maine's Statute Of Limitations For Medical Malpractice: A Discussion Of The Issues, Kathryn M. Kendall
Latent Medical Errors And Maine's Statute Of Limitations For Medical Malpractice: A Discussion Of The Issues, Kathryn M. Kendall
Maine Law Review
Each year in the United States, between 44,000 and 98,000 hospitalized patients die as a result of medical errors. Nearly a third of such errors are caused by negligence. Although most of these negligent mistakes become apparent to patients or their families shortly after they occur, a few remain undiscoverable for an extended length of time. When medical errors lead to the misdiagnosis of diseases with long latency periods, patients may be delayed in obtaining appropriate treatment. Nonetheless, in Maine, because medical malpractice actions are governed by a strict occurrence-based statute of limitations as opposed to a limitations period that …
The Medical Malpractice Cure: Stitching Together The Coleman Factors, Sarah Nickel
The Medical Malpractice Cure: Stitching Together The Coleman Factors, Sarah Nickel
Louisiana Law Review
The article discusses the enactment of Louisiana Medical Malpractice Act (MMA) and advantages and disadvantages it entails for both health care providers and tort victims and the decision of the Louisiana Supreme Court in the case U.S. Dupny v. NMC Operating Company.