Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1994

Medical Jurisprudence

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 32

Full-Text Articles in Law

Implementation And Impact Of The Patient Self-Determination Act, Denise C. Park, Thomas A. Eaton, Edward J. Larson, Helen T. Palmer Oct 1994

Implementation And Impact Of The Patient Self-Determination Act, Denise C. Park, Thomas A. Eaton, Edward J. Larson, Helen T. Palmer

Scholarly Works

The Patient Self-Determination Act became effective in December 1991 and mandates that patients be given information about legal rights regarding living wills and durable powers of attorney for health care. We investigated the impact this law has had on hospitals, medical personnel, and patients. We conducted a survey of all hospitals in the state of Georgia, collecting data regarding implementation and knowledge of the law, as well as effects of the law and beliefs about it. The data indicated that hospitals relied primarily on the Georgia Hospital Association for implementation policy, that "minimalist" implementation of the law occurs in most ...


Who Are The Parents Of Biotechnological Children?, Larry I. Palmer Oct 1994

Who Are The Parents Of Biotechnological Children?, Larry I. Palmer

Cornell Law Faculty Publications

No abstract provided.


A Rejoinder, Larry I. Palmer Oct 1994

A Rejoinder, Larry I. Palmer

Cornell Law Faculty Publications

No abstract provided.


Bioethics With A Human Face, Carl E. Schneider Oct 1994

Bioethics With A Human Face, Carl E. Schneider

Articles

This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and ...


Testing The Limits Of Freedom Of Contract: The Commercialization Of Reproductive Materials And Services, Michael J. Trebilcock, Melody Martin, Anne Lawson, Penney Lewis Oct 1994

Testing The Limits Of Freedom Of Contract: The Commercialization Of Reproductive Materials And Services, Michael J. Trebilcock, Melody Martin, Anne Lawson, Penney Lewis

Osgoode Hall Law Journal

This article examines the cases for and against commercializing, or "commodifying," reproductive materials and services. Using a supply/demand third-party framework, three basic scenarios in which commercial-exchange relationships may be possible-exchange of gametes and zygotes, exchange of gestational services, and exchange of fetal material-and the major parties of interest, or stakeholders, are identified. The study sketches the liberal, essentialist, and radical contingency theories that shape the debate over the commercialization of reproductive materials and services. The article then attempts to derive some basic governing principles that reflect as much common ground as possible amongst these various normative perspectives, while recognizing ...


Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano Sep 1994

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.


Poland, Abortion, And The Roman Catholic Church, Brian J. Leslie Aug 1994

Poland, Abortion, And The Roman Catholic Church, Brian J. Leslie

Boston College International and Comparative Law Review

No abstract provided.


Reassessing Forced Medication Of Criminal Defendants In Lights Of Riggins V. Nevada, Vickie L. Feeman May 1994

Reassessing Forced Medication Of Criminal Defendants In Lights Of Riggins V. Nevada, Vickie L. Feeman

Boston College Law Review

No abstract provided.


Legislative Amendments To The District Of Columbia's Vital Records Act: Medical Cause Of Death Privacy, Suzanne Brette Greene Mar 1994

Legislative Amendments To The District Of Columbia's Vital Records Act: Medical Cause Of Death Privacy, Suzanne Brette Greene

University of the District of Columbia Law Review

No abstract provided.


A Delicate Balance: Bill 10-77 And Protecting Access To Abortion Clinics And Anti-Abortion Protesters' Right To Demonstrate, Rudolph Schreiber Mar 1994

A Delicate Balance: Bill 10-77 And Protecting Access To Abortion Clinics And Anti-Abortion Protesters' Right To Demonstrate, Rudolph Schreiber

University of the District of Columbia Law Review

No abstract provided.


Review Of A Measure Of Malpractice: Medical Injury, Malpractice Litigation, And Patient Compensation, Vanessa Merton Mar 1994

Review Of A Measure Of Malpractice: Medical Injury, Malpractice Litigation, And Patient Compensation, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Strange (But True) Cases Of Veterinary Law, Thomas A. Carlson Jan 1994

Strange (But True) Cases Of Veterinary Law, Thomas A. Carlson

Iowa State University Veterinarian

(This is one in a continuing series of articles about true cases of animal-related disputes that actually found their way to the courtroom. Read the facts of the case and determine how you would have decided in light of the data and then see if you agree with the court's ultimate "diagnosis". Good Luck!!!!)


Strange (But True) Cases Of Veterinary Law, Thomas A. Carlson Jan 1994

Strange (But True) Cases Of Veterinary Law, Thomas A. Carlson

Iowa State University Veterinarian

(This is one in a continuing series of articles about true cases of animal-related disputes that actually found their way to the courtroom. Read the facts of the case and determine how you would have decided it in the light of the associated issues and arguments, i.e. interpret the "history" and "clinical data" and then see if you agree with the court's ultimate "diagnosis". GOOD LUCK!!!)

The case presented here centers around an automobile-pig collision which occurred on a highway in New York State. Specifically, this case is taken from the legal reporter documenting the lawsuit involving Vincent ...


"Book Review" And "Law Case Decision", Susan O'Brien Jan 1994

"Book Review" And "Law Case Decision", Susan O'Brien

Iowa State University Veterinarian

"The Cat: Diseases and Clinical Management second ed. Vol. 1 and 2 Ed. by Robert G. Sherding, 2,046pg, illustrated. Churchill Livingstone, New York, Edinburgh, London, Madrid, Melbourne, Tokyo. "

"The appellate court reversed the decision of the lower court, i.e. it ruled that the plaintiff's cow was a "domestic animal" under the exclusionary provisions of the homeowner's insurance policy. (The defendent could not then collect for the pool damages via his homeowner's insurance policy.) It then ordered that the plaintiff's suit be dismissed and also ordered the plaintiff to bear all the costs of both ...


Release From Terminal Suffering? The Impact Of Aids On Medically Assisted Suicide Legislation, Jody B. Gabel Jan 1994

Release From Terminal Suffering? The Impact Of Aids On Medically Assisted Suicide Legislation, Jody B. Gabel

Florida State University Law Review

No abstract provided.


Sharing Accountability For Breast Implants: Strict Products Liability And Medical Professionals Engaged In Hybrid Sales/Service Cosmetic Products Transactions, Richard L. Cupp, Jr. Jan 1994

Sharing Accountability For Breast Implants: Strict Products Liability And Medical Professionals Engaged In Hybrid Sales/Service Cosmetic Products Transactions, Richard L. Cupp, Jr.

Florida State University Law Review

No abstract provided.


Toward A More Perfect Union: A Federal Cause Of Action For Physician Aid-In-Dying, Todd David Robichaud Jan 1994

Toward A More Perfect Union: A Federal Cause Of Action For Physician Aid-In-Dying, Todd David Robichaud

University of Michigan Journal of Law Reform

Part I of this Note investigates the possible foundations of a constitutional right to physician aid-in-dying triggering section 1983 protection and the opposing state interests in preventing suicide. Part II examines the nature and scope of and obstacles to a request for section 1983 relief. Finally, Part III focuses on the public policy implications associated with recognizing a federal cause of action.


Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik Jan 1994

Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.


"In The Twinkling Of An Eye": A Proporsal For The Standard Of Legality To Be Applied In Hospital Staff Privileges Cases, Sarah Bartholomew Ellerbee Jan 1994

"In The Twinkling Of An Eye": A Proporsal For The Standard Of Legality To Be Applied In Hospital Staff Privileges Cases, Sarah Bartholomew Ellerbee

LLM Theses and Essays

This paper addresses one of the most troublesome aspects of antitrust jurisprudence. What standard of legality governs cases dealing with medical staff privileges decisions? Heretofore, it was generally thought that only two options existed. The most frequently used standard of legality for this type of case is the rule of reason. In using this analysis, the court looks at the restraint of trade of the reasonableness of its nature, and its purpose and effect. The pro-competitive aspects of the conduct are weighed against the restraints that the conduct imposes on the competition. In health care cases, courts have looked at ...


Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian Jan 1994

Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian

Touro Law Review

No abstract provided.


An Antidote To Anecdotes, Neil Vidmar Jan 1994

An Antidote To Anecdotes, Neil Vidmar

Faculty Scholarship

Reviewing, Frank A. Sloan, et al., Suing for Medical Malpractice (1993)


"Daigle V. Shell Oil Company" And The Bumpy Road To The Recoverability Of Medical Monitoring Expenses Under Cercla, Kristin E. Sweeney Jan 1994

"Daigle V. Shell Oil Company" And The Bumpy Road To The Recoverability Of Medical Monitoring Expenses Under Cercla, Kristin E. Sweeney

Vanderbilt Law Review

In 1980, President Carter signed the first hazardous waste cleanup bill into law.' The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) serves as a tool for government cleanup of hazardous waste sites, but those who anxiously waited for Congress to pass a hazardous waste cleanup bill were disappointed with the final bill. The proposed bill had been broadly compromised. The lack of legislative history indicates the rushed process through which Congress passed the bill. Like a game show contest- ant who must accept or reject what is behind the door without knowing exactly what it entails, the House had ...


Heller V. Doe: The Supreme Court Diminishes The Rights Of Individuals With Mental Retardation, Rachel A. Brown Jan 1994

Heller V. Doe: The Supreme Court Diminishes The Rights Of Individuals With Mental Retardation, Rachel A. Brown

Loyola University Chicago Law Journal

No abstract provided.


The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born Jan 1994

The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born

Vanderbilt Law School Faculty Publications

The stabilization of the insurance market may lead to lower prices for products and for medical care, but will also generally lead to lower values of tort awards as well. If the social objective was simply to reduce losses, then that objective could be achieved by abolishing tort liability altogether. Our societal concerns are clearly much broader. In the absence of a more detailed assessment of the desirability of the reforms and their effect on injured parties, it would be premature to conclude that reform efforts that were successful in enhancing insurance market profitability should be judged a success from ...


The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar Jan 1994

The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar

Articles

Some 30 years ago an eminent constitutional law scholar Charles L. Black, Jr., spoke of "toiling uphill against that heaviest of all argumental weights-the weight of a slogan. I am reminded of that observation when I confront the slogan the "right to die." Few rallying cries or slogans are more appealing and seductive than the "right to die." But few are more fuzzy, more misleading, and more misunderstood.


Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice, James A. Henderson Jr., John A. Siliciano Jan 1994

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.


Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar Jan 1994

Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar

Articles

When I first wrote about this subject 36 years ago, the chance that any state would legalize assisted suicide or active voluntary euthanasia seemed minuscule. The possibility that any court would find these activities protected by the Due Process Clause seemed so remote as to be almost inconceivable. Not anymore. Before this decade ends, at least several states probably will decriminalize assisted suicide and/or active voluntary euthanasia. [Editor's note: In November, Oregon became the first state to legalize physician-assisted suicide, allowing doctors to prescribe lethal medication for competent, terminally ill adults who request it.] A distinct possibility also ...


Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick Jan 1994

Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case NLRB v. Health Care and Retirement Corp. of America, 511 U.S. 571 (1994). The National Labor Relations Act protects employees' right to unionize and their actions aimed at improving working conditions. The Act does not, however, protect supervisory employees on the premise that employers deserve the undivided loyalty of their agents. In this case, the Court is asked to decide if nurses who direct the work of aides and orderlies are employees protected from discharge in their efforts to improve working conditions, or are supervisors who can be fired for such conduct.


Aids: Coping With Hiv On Campus, 27 J. Marshall L. Rev. 449 (1994), Jane D. Oswald, Robert G. Johnston, Mark E. Wojcik Jan 1994

Aids: Coping With Hiv On Campus, 27 J. Marshall L. Rev. 449 (1994), Jane D. Oswald, Robert G. Johnston, Mark E. Wojcik

UIC Law Review

No abstract provided.


The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick Jan 1994

The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick

Cleveland State Law Review

Although EMTALA was passed in 1986, there have been relatively few cases reported which aid in establishing the scope and boundaries of the Act. The legislature itself has attempted to clarify EMTALA's provisions, and has amended the Act nearly every year since its enactment, the most recentamendments in 1990 and the most extensive amendments taking place in 1989. These amendments, however, have not changed the Act significantly from its original purpose and objectives7 and thus, much of the case law remains pertinent to a current analysis of the application of state medical malpracticecaps to claims under EMTALA.