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Articles 1 - 27 of 27
Full-Text Articles in Law
In Search Of A Standard Of Care For The Medical Profession: The "Accepted Practice" Formula, Joseph H. King, Jr.
In Search Of A Standard Of Care For The Medical Profession: The "Accepted Practice" Formula, Joseph H. King, Jr.
Vanderbilt Law Review
American lawmakers and jurists are or soon will be confronted with a number of vital decisions affecting the professional liability of members of the healing arts. At issue is the continuing validity of the present system of fault based liability for medical malpractice, as well as the essential nature such a system should assume if it survives. Though often divorced, the two issues are inextricably wedded. The survival of the fault based system will assuredly depend in large measure on whether it can be made to work more efficiently and more consistently while meeting its espoused goal of loss redistribution …
Medical Malpractice—Unconscious Patient—Liability For Defective Instruments—Hospitals And Enterprise Liability—Anderson V. Somberg, 67 N.J. 291, 338 A.2d 1 (1973), John Ludlow
Washington Law Review
In November 1967, defendant Dr. Somberg performed spinal surgery, using general anesthetic, on the plaintiff. During the procedure a jaw of the pituitary rongeur he was using broke off and lodged in the plaintiff's spine. The doctor terminated the operation after numerous unsuccessful attempts to recover the fragment. Four months later he retrieved the jaw in a second operation. The plaintiff suffered permanent injuries for which he sought recovery from the following: (1) Dr. Somberg for negligently causing the rongeur to break; (2) the hospital in which the surgery was performed for negligently furnishing a defective instrument; (3) the medical …
Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild
Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild
Continuing Legal Education Materials
Reports from the UK/CLE Seminar on Law and Medicine held May 26-28, 1976.
Living Wills--Need For Legal Recognition, James C. Turner
Living Wills--Need For Legal Recognition, James C. Turner
West Virginia Law Review
No abstract provided.
Medical Malpractice--Constitutionality Of Limits On Liability, Taunja Willis Miller
Medical Malpractice--Constitutionality Of Limits On Liability, Taunja Willis Miller
West Virginia Law Review
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.
The Role Of Custom In Medical Malpractice Cases, Richard N. Pearson
The Role Of Custom In Medical Malpractice Cases, Richard N. Pearson
Indiana Law Journal
No abstract provided.
The Florida Medical Malpractice Act Of 1975, Theresa Hooks
The Florida Medical Malpractice Act Of 1975, Theresa Hooks
Florida State University Law Review
No abstract provided.
Fetal Research--The Legislative Answer, Roberta Sue Core
Fetal Research--The Legislative Answer, Roberta Sue Core
West Virginia Law Review
No abstract provided.
The "Living Will" - An Individual's Exercise Of His Rights Of Privacy And Self-Determination, Margaret J. Orbon
The "Living Will" - An Individual's Exercise Of His Rights Of Privacy And Self-Determination, Margaret J. Orbon
Loyola University Chicago Law Journal
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.
Mental Health - United States Ex Rel. Mathew V. Nelson - Civil Commitment Of The Mentally Ill Based On A Finding Of Dangerousness Is Constitutional, Even Though Dangerousness Is Not Inferred From A Recent, Overt Dangerous Act, Michael J. Hollahan
Loyola University Chicago Law Journal
No abstract provided.
Fetal Experimentation And Federal Regulation, Dennis J. Horan
Fetal Experimentation And Federal Regulation, Dennis J. Horan
Villanova Law Review
No abstract provided.
On The Report And Recommendations Of The National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research - Research On The Fetus - Introduction, Robert A. Destro
Villanova Law Review
No abstract provided.
National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research: Research On The Fetus, David W. Louisell
National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research: Research On The Fetus, David W. Louisell
Villanova Law Review
No abstract provided.
Fetal Research: An Investigator's View, David G. Nathan
Fetal Research: An Investigator's View, David G. Nathan
Villanova Law Review
No abstract provided.
National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research: Research On The Fetus, David W. Louisell
National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research: Research On The Fetus, David W. Louisell
Villanova Law Review
No abstract provided.
Reflections On The Report And Recommendations Of The National Commission: Research On The Fetus, Karen Lebacqz
Reflections On The Report And Recommendations Of The National Commission: Research On The Fetus, Karen Lebacqz
Villanova Law Review
No abstract provided.
Cost-Benefit Ethics: The Utilitarian Approach To Fetal Research, Juliana Geran Pilon
Cost-Benefit Ethics: The Utilitarian Approach To Fetal Research, Juliana Geran Pilon
Villanova Law Review
No abstract provided.
The Impact On Fetal Research Of The Report Of The National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research, Robert J. Levine
The Impact On Fetal Research Of The Report Of The National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research, Robert J. Levine
Villanova Law Review
No abstract provided.
Pre-Trial Screening Of Medical Malpractice Claims Versus The Illinois Constitution, 10 J. Marshall J. Prac. & Proc. 133 (1976), Larry L. Johnson
Pre-Trial Screening Of Medical Malpractice Claims Versus The Illinois Constitution, 10 J. Marshall J. Prac. & Proc. 133 (1976), Larry L. Johnson
UIC Law Review
No abstract provided.
Euthanasia: The Physician's Liability, 10 J. Marshall J. Prac. & Proc. 148 (1976), Virgil Thurman
Euthanasia: The Physician's Liability, 10 J. Marshall J. Prac. & Proc. 148 (1976), Virgil Thurman
UIC Law Review
No abstract provided.
National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research: Research On The Fetus, David W. Louisell
National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research: Research On The Fetus, David W. Louisell
Villanova Law Review
No abstract provided.
National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research: Research On The Fetus, Karen Lebacqz, Albert R. Jonsen
National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research: Research On The Fetus, Karen Lebacqz, Albert R. Jonsen
Villanova Law Review
No abstract provided.
Fetal Experimentation: Rights Of The Father And Questions Of Personhood, John P. Wilson
Fetal Experimentation: Rights Of The Father And Questions Of Personhood, John P. Wilson
Villanova Law Review
No abstract provided.
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar
Articles
There have been and there will continue to be compelling circumstances when a doctor or relative or friend will violate The Law On The Books and, more often than not, receive protection from The Law In Action. But this is not to deny that there are other occasions when The Law On The Books operates to stay the hand of all concerned, among them situations where the patient is in fact ( 1 ) presently incurable, ( 2) beyond the aid of any respite which may come along in his life expectancy, suffering ( 3 ) intolerable and ( 4) …
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Articles
In essence, Williams' specific proposal is that death be authorized for a person in the above situation "by giving the medical practitioner a wide discretion and trusting to his good sense." This, I submit, raises too great a risk of abuse and mistake to warrant a change in the existing law. That a proposal entails risk of mistake is hardly a conclusive reason against it. But neither is it irrelevant. Under any euthanasia program the consequences of mistake, of course, are always fatal. As I shall endeavor to show, the incidence of mistake of one kind or another is likely …