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Full-Text Articles in Law
The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois
The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois
Journal of Law and Health
This paper will try to reconstruct the legal and ethical underpinnings of the confidential relationship of psychotherapist and patient, and will also touch upon the psychotherapist-patient testimonial privilege and its exceptions. It will then describe the liability of psychotherapists for breach of confidentiality based on contract and tort. It will conclude with some evaluation of this type of cause of action, and its future usefulness in the law..
Attorneys On Bioethics Committees: Unwelcome Menace Or Valuable Asset, Randall B. Bateman
Attorneys On Bioethics Committees: Unwelcome Menace Or Valuable Asset, Randall B. Bateman
Journal of Law and Health
The purpose of this paper is to examine the role(s), if any, of the attorney as a member of bioethics committees, especially hospital ethics committees. In the process of determining whether an attorney should serve on these committees, the arguments will contrast the potential role of an attorney with the different types of attorneys who may be chosen to serve as members of a hospital ethics committee. The ultimate conclusion of this paper is that attorneys do have a role on ethics committees, but that the role depends on the type of attorney, the individual committee and the way the …
The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood
The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood
Law Faculty Scholarly Articles
This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides …