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Articles 181 - 201 of 201
Full-Text Articles in Health Law and Policy
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton
Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton
University of Richmond Law Review
In its 1989 session, the General Assembly amended several medical malpractice statutes. Perhaps the most important changes expanded the definition of "health care provider" under the Medical Malpractice Act (the "Act"), and clarified the qualification requirements for expert witnesses.
What's Current In Asbestos Regulations, Janis L. Kirkland
What's Current In Asbestos Regulations, Janis L. Kirkland
University of Richmond Law Review
Asbestos, once valued as a superb insulator, is now recognized as a deadly carcinogen. The United States Environmental Protection Agency ("EPA") estimates that 733,000 public and commercial buildings in the United States contain friable asbestos or asbestos-containing materials. Thus, it is not surprising that an avalanche of litigation has resulted from concerns over exposure to asbestos.
Annual Survey Of Virginia Law: Medical Negligence, Gwen M. Schockemoehl
Annual Survey Of Virginia Law: Medical Negligence, Gwen M. Schockemoehl
University of Richmond Law Review
This article examines amendments to the statutes that affect medical negligence actions made by the General Assembly in 1987 and 1988. In addition, this article reviews judicial decisions from 1986, 1987 and early 1988 that will have impact on medical negligence actions in the Commonwealth of Virginia.
Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely
Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely
University of Richmond Law Review
The health care industry, known for its dynamics and constant change, lived up to its reputation throughout 1987 and early 1988. Continuing concern for the cost of hospital and physician services, availability of adequate health care services for the elderly, and the impact of the AIDS virus on health care delivery contributed to make this period a tumultuous one for the health care industry nationwide. Virginia was not spared the tumult. This article focuses on key legislative, regulatory, and judicial events of the past year, and evaluates their impact on the business of providing health care in the Commonwealth.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Firing Employees For Refusing To Submit To Urinalysis: The Case For A Uniform Standard Of Reasonable Individualized Suspicion, Gloria L. Freye
Firing Employees For Refusing To Submit To Urinalysis: The Case For A Uniform Standard Of Reasonable Individualized Suspicion, Gloria L. Freye
University of Richmond Law Review
Submitting to an employer's demand for a urinalysis test to detect ingestion of drugs means laying your privacy, reputation, career, livelihood and possibly your freedom1 on the line. The chances of being asked to submit to a urinalysis or a polygraph test pursuant to employment are well within the realm of possibility. Virginia Electrical Power Company ("Virginia Power"), the fifth largest employer in Virginia, utilizes both urinalysis and polygraphs as investigative tools. Thus, it is foreseeable that a situation may develop where an employee is fired for refusing to submit to a urinalysis test. This Note focuses on issues that …
Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney
Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney
University of Richmond Law Review
The recent explosion of medical malpractice litigation has heralded the era of defensive medicine. Health-care professionals at all levels of the industry have been forced to evaluate both the lawsuit potential as well as the life sustaining potential of every act and treatment.' Since 1981, however, the threat of Acquired Immunodeficiency Syndrome (AIDS) has added a third, more threatening, perspective to the way health-care workers must view their actions. The average doctor or nurse must balance not only the medical and legal significance of every action, but must also consider whether an action might result in exposure to AIDS.
A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.
A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.
University of Richmond Law Review
Fear has struck the workplace. The source of this fear is not lack of job security, inflation, recession or a concern about the United States' trade imbalance. The source of the fear is a disease--Acquired Immunodeficiency Syndrome (AIDS)-and the virus that causes AIDS, Human Immunodeficiency Virus (HIV).
The Limitation On Recovery In Medical Negligence Cases, Edward W. Taylor, William G. Shields
The Limitation On Recovery In Medical Negligence Cases, Edward W. Taylor, William G. Shields
University of Richmond Law Review
Chapter 611, 1976 Acts of Assembly, provided for sweeping changes in the laws of medical and hospital negligence in Virginia. The Act affects all medical negligence actions arising after July 1, 1976. The legislation was enacted during a time when many perceived a medical malpractice crisis in Virginia. This article will review the historical background which led to this perception and will analyze whether, in fact, this crisis did exist. Finally, the article will demonstrate that the Act is both unnecessary and more importantly, unconstitutional.
Virginia's Continuing Negligent Treatment Rule: Farely V. Goode And Fenton V. Danaceau, J. R. Zepkin
Virginia's Continuing Negligent Treatment Rule: Farely V. Goode And Fenton V. Danaceau, J. R. Zepkin
University of Richmond Law Review
Since 1902 the continuing negligent treatment rule has been applied to medical malpractice claims to establish when the statute of limitations begins to run on a particular cause of action. The rule is typically used in cases where the parties have engaged in a course of dealing over a period of time and the wrong complained of has stretched over all or part of this period.
Outpatient Mental Health Care Services - A Minor's Right, John V. Cogbill Iii
Outpatient Mental Health Care Services - A Minor's Right, John V. Cogbill Iii
University of Richmond Law Review
The 1979 Session of the General Assembly made important changes in Title 54 of the Code of Virginia pertaining to health care for minors. One of the principal changes involved the right of unemancipated minors to seek outpatient treatment for mental health problems without the consent of their parents. Additionally, lawmakers deleted the criminal sanctions imposed against medical practitioners who performed authorized abortions on consenting minors. This bill appears to bring into Virginia a partial realization of a child's right to due process and equal protection under the law.
Book Reviews, Edward S. Graves, David L. Ross
Book Reviews, Edward S. Graves, David L. Ross
University of Richmond Law Review
These are book reviews from 1979.
Virginia Abolishes Locality Rule In Medical Malpractice, John Y. Richardson Jr.
Virginia Abolishes Locality Rule In Medical Malpractice, John Y. Richardson Jr.
University of Richmond Law Review
The Virginia General Assembly, in recognition of a modem medical society, has abolished the presumption which favors the application of a "same or similar" locale standard to determine the requisite care of a health care provider. The "same or similar" standard has been used consistently since 1918 in malpractice litigation and, more recently, in proceedings before the medical malpractice review panels in Virginia. This standard was first adopted by statute in 1977, and though it appeared to intend a broader standard than the local standard, it was in fact interpreted as a clear statutory adoption of the Virginia case law …
Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow
Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow
University of Richmond Law Review
Preempted in 1972 from enforcing its laws and regulations pertaining to employee safety and health by the Occupational Safety and Health Act of 1970 (OSHA), Virginia resumed enforcement activities on January 1, 1977, implementing, pursuant to the provisions of the Federal Act, a unique developmental State Plan. Virginia's resumption of enforcement activity in the area of job safety and health culminated a difficult four-year effort by the legislative and executive branches of Virginia government to gain recognition from the United States Department of Labor that her regulations and the method for enforcing the regulations were "at least as effective" as …
Virginia's New Medical Malpractice Review Panel And Some Questions It Raises, Thomas J. Harlan Jr.
Virginia's New Medical Malpractice Review Panel And Some Questions It Raises, Thomas J. Harlan Jr.
University of Richmond Law Review
Historically, attorneys would claim that in potential medical malpractice cases, it was difficult, if not impossible, to proceed against a defendant doctor. The so-called "conspiracy of silence" existed, causing the refusal of other doctors to serve as expert medical witnesses to prove that the defendant fell below the standard of reasonable care. This has not been true in Virginia for some time. In 1962, by a joint effort of the Virginia State Bar and the Medical Society of Virginia, a "Joint Screening Panel" was established. Its two-fold purpose was (1) to prevent frivolous claims from being filed against physicians and …
Recent Legislation, J. Rodney Johnson
Recent Legislation, J. Rodney Johnson
University of Richmond Law Review
The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.
Liability For Transfusions Of Hepatitis Infected Blood
Liability For Transfusions Of Hepatitis Infected Blood
University of Richmond Law Review
Legal resolution of the liability of a supplier of a useful and desirable product which, in the present state of human skill and knowledge, is unavoidably and necessarily dangerous to the user is fraught with difficulty. A major portion of the law in this area revolves around cases of hepatitis resulting from blood transfusions. The crucial problem encountered is the nondetectibility of the hepatitis virus in the blood donor. Even though no specific viral detection test has been perfected which can be applied practically to blood banking or plasma pooling, recent observations hold promise for a more accurate method of …
The Silent Doctors- The Conspiracy Of Silence, Joseph Kelner
The Silent Doctors- The Conspiracy Of Silence, Joseph Kelner
University of Richmond Law Review
Medical malpractice and malpractice lawsuits are on the rise. Perhaps the main reason is that less than 300,000 active doctors are caring for over 200 million Americans-about one doctor for every 700 citizens. This is a dangerous shortage of doctors-a pressure cooker of overworked physicians, high caseloads, short-cut precautions, and substandard treatment.
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.
The Physician-Patient Privilege In Virginia, James W. Payne Jr.
The Physician-Patient Privilege In Virginia, James W. Payne Jr.
University of Richmond Law Review
It seems settled that at common law there was no privilege whereby either a patient or a physician could suppress evidence of communications made by one to the other. Most commentators have argued that there is no justification for such a privilege.