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1993

Medical Jurisprudence

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Articles 1 - 24 of 24

Full-Text Articles in Law

Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash Sep 1993

Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash

Washington and Lee Law Review

No abstract provided.


Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan Sep 1993

Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan

RISK: Health, Safety & Environment (1990-2002)

The authors review and note the limited reach of Daubert v. Merrell Dow Pharmaceuticals. They also address its implications for concerned non-lawyers.


Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin Jul 1993

Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin

Indiana Law Journal

No abstract provided.


Sounds Of Silence For The Walkman Generation: Rock Concerts And Noise-Induced Hearing Loss, Eric Daniel Johnson Jul 1993

Sounds Of Silence For The Walkman Generation: Rock Concerts And Noise-Induced Hearing Loss, Eric Daniel Johnson

Indiana Law Journal

No abstract provided.


Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour Jul 1993

Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour

Osgoode Hall Law Journal

This article examines the circumstances in which life support can legally be withheld or withdrawn from adults. It analyzes the situation of patients who are both capable and incapable of making decisions, taking into account recent jurisprudence in Canada, the United States, and the United Kingdom. Where competence is not an issue, both law and modern medicine espouse a strong normative commitment to patient self-determination. However, when no clear indication of the patient's treatment preference can be ascertained because of decisional incapacity, then the question of terminating life support is much more difficult. The author describes and analyzes the two …


Hospital Liability In West Virginia, Thomas J. Hurney Jr. Jun 1993

Hospital Liability In West Virginia, Thomas J. Hurney Jr.

West Virginia Law Review

No abstract provided.


Fetal Tissue Transplants As Treatment For Parkinsonian Patients: A Miracle Cure Or Science Fiction Nightmare?, Billye D. Baird May 1993

Fetal Tissue Transplants As Treatment For Parkinsonian Patients: A Miracle Cure Or Science Fiction Nightmare?, Billye D. Baird

Brigham Young University Journal of Public Law

No abstract provided.


Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell Apr 1993

Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell

Indiana Law Journal

No abstract provided.


Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin Apr 1993

Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


Power V. Arlington Hospital: A Federal Court End Run Around State Malpractice Limitations, Scott E. Hamm Mar 1993

Power V. Arlington Hospital: A Federal Court End Run Around State Malpractice Limitations, Scott E. Hamm

Brigham Young University Journal of Public Law

No abstract provided.


Physician-Assisted Suicide: The Legal And Practical Contours, Anthony J. Dangelantonio Jan 1993

Physician-Assisted Suicide: The Legal And Practical Contours, Anthony J. Dangelantonio

RISK: Health, Safety & Environment (1990-2002)

This paper considers current medical and legal perspectives on patients' right to assistance in dying. In highlighting the competing policy objectives that must be resolved, it examines failed legislative initiatives in Washington and California. It also considers a pending New Hampshire proposal. The last shows the difficulty of simultaneously alleviating physician's objections and achieving proponents' goals.


The Legal Dilemma Of Partner Notification During The Hiv Epidemic, Raymond C. O'Brien Jan 1993

The Legal Dilemma Of Partner Notification During The Hiv Epidemic, Raymond C. O'Brien

Scholarly Articles

No abstract provided.


Has The Time Come For Doctor Death: Should Physician-Assisted Suicide Be Legalized?, Wendy N. Weigand Jan 1993

Has The Time Come For Doctor Death: Should Physician-Assisted Suicide Be Legalized?, Wendy N. Weigand

Journal of Law and Health

A "true" doctor-assisted suicide can be distinguished from euthanasia in that the patient is actually bringing his or her own life to an end. The doctor in some way facilitates the action, either by providing the means for the suicide, such as in the New England Journal of Medicine article, or by giving the patient some kind of instruction as to the best way of carrying out the act. The difference lies in the fact that it is the patient killing him or herself with the help or advice of a physician, not the physician acting directly to shorten the …


Operation Rescue Blockades And The Misuse Of 42 U.S.C. 1985(3), Michael F. O'Brien Jan 1993

Operation Rescue Blockades And The Misuse Of 42 U.S.C. 1985(3), Michael F. O'Brien

Cleveland State Law Review

The purpose of this Note is to demonstrate that § 1985(3) is not applicable to Operation Rescue's blockade activities. Part II provides a brief survey of the history of § 1985(3) from its roots in the post-Civil War era to the 1950's. Part III examines the requirements for a § 1985(3) claim as delineated in the Griffin, Novotny, and Scott decisions. Part IV applies these requirements to the blockade controversy and argues that: (1) Gender-based animus should be accepted by the Court as a form of class-based animus within the meaning of § 1985(3); (2) the blockades do not fall …


Medical Futility: Has Ending Life Support Become The Next Pro-Choice/Right To Life Debate, Daniel Robert Mordarski Jan 1993

Medical Futility: Has Ending Life Support Become The Next Pro-Choice/Right To Life Debate, Daniel Robert Mordarski

Cleveland State Law Review

This note will provide an analysis of the issue of medical futility and propose "solutions" to the issue. Part II considers the definition of "medical futility" and different ways to view the concept. In Part III, the position is forwarded that medical futility is a question of values which the medical profession is not necessarily more qualified than a layperson to answer. In Part IV, medical futility will be examined in the context of existing law. This section also addresses the potential tort liability of a health care provider who unilaterally takes certain actions based on the concept of medical …


Jails And Prisons – Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan Jan 1993

Jails And Prisons – Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan

Articles & Chapters

No abstract provided.


Should Active Euthanasia Be Legalized? No: Preserve Traditional Restraints, Yale Kamisar Jan 1993

Should Active Euthanasia Be Legalized? No: Preserve Traditional Restraints, Yale Kamisar

Articles

The distinction between letting people die and killing them by lethal injection is now an integral part of the medico-legal landscape. This is the compromise we have arrived at in the struggle to take a humane approach toward seriously ill patients while still preserving as many traditional restraints against killing as we possibly can. This may be neither the logician's or the philosopher's way to resolve the controversy, but it may nevertheless be a defensible pragmatic way to do so.


Assisted Conception And Surrogacy - Unfinished Business, 26 J. Marshall L. Rev. 775 (1993), Keith J. Hey Jan 1993

Assisted Conception And Surrogacy - Unfinished Business, 26 J. Marshall L. Rev. 775 (1993), Keith J. Hey

UIC Law Review

No abstract provided.


The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner Jan 1993

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.


Confidentiality And Privilege Of Peer Review Information: More Imagined Than Real, Susan O. Scheutzow, Sylvia Lynn Gillis Jan 1993

Confidentiality And Privilege Of Peer Review Information: More Imagined Than Real, Susan O. Scheutzow, Sylvia Lynn Gillis

Journal of Law and Health

This article will discuss the status of the privileges and confidentiality protection today at both the state and federal level. It will also address the concerns present among those individuals and organizations participating in peer review regarding the law of privileges and confidentiality and offer suggestions for health care providers to take full advantage of the statutory protections.


Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar Jan 1993

Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar

Articles

On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …


Active V. Passive Euthanasia: Why Keep The Distinction?, Yale Kamisar Jan 1993

Active V. Passive Euthanasia: Why Keep The Distinction?, Yale Kamisar

Articles

In the past two decades, we have witnessed a "sea change in public, medical, and legislative judgments" about "letting die" and the "right to die." But it is no less true today than it was 35 years ago, when I first wrote about this subject, that in Anglo-American jurisprudence active euthanasia (what used to be called "mercy killing") is murder.


Model Consent Forms For Dna Linkage Analysis And Storage, Roger B. Dworkin, R. L. Gold, R. R. Lebel, E. A. Mearns, T Hadro, J. K. Burns Jan 1993

Model Consent Forms For Dna Linkage Analysis And Storage, Roger B. Dworkin, R. L. Gold, R. R. Lebel, E. A. Mearns, T Hadro, J. K. Burns

Articles by Maurer Faculty

No abstract provided.


Case Comments K. Hospitals Baber V. Hospital Corp. Of America Jan 1993

Case Comments K. Hospitals Baber V. Hospital Corp. Of America

Washington and Lee Law Review

No abstract provided.