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Full-Text Articles in Law
When You Enter The Hospital Check Your Rights At The Door, George J. Annas
When You Enter The Hospital Check Your Rights At The Door, George J. Annas
Faculty Scholarship
Civil libertarians have little difficulty appreciating the plight of prisoners or mental patients. But tell the average civil libertarian that there are significant and unnecessary restrictions on the individual rights and liberties of patients in general hospitals, and you are likely to encounter a blank stare. There are a number of reasons for this lack of attention to hospitals. One is the general misconception that the problems are minor, or that certain temporary restrictions on individuals are essential if hospitals are to treat sick people properly. An unconscious desire not to perceive ourselves as being at risk may be another …
Medical Malpractice Litigation Under National Health Insurance: Essential Or Expendable, George J. Annas
Medical Malpractice Litigation Under National Health Insurance: Essential Or Expendable, George J. Annas
Faculty Scholarship
"Medical malpractice" denotes the basis for a civil action brought by a patient against a physician for injuries resulting from negligence. The current method for compensating victims of these occurrences is primarily a fault-and-liability insurance system. The first principle of tort liability is that the party at fault pays for the damage inflicted upon an innocent victim. Whether a doctor is at fault is determined in an adversary proceeding, with both the doctor and the patient represented by counsel. The triers of fact have the task of ascertaining whether the defendant was at fault, and if so, what compensation he …