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Articles 1 - 30 of 41
Full-Text Articles in Medical Jurisprudence
Secrets Of The Killing State: The Medical Professional Mandate, Corinna Barrett Lain
Secrets Of The Killing State: The Medical Professional Mandate, Corinna Barrett Lain
Law Faculty Publications
When New Jersey reinstated the death penalty in 1983, the state hadn’t conducted an execution in twenty years, so no one knew how to conduct an execution by lethal injection. Doctors at the state prison refused to participate, citing medical ethics that required them to “support life, not end it,” and that left prison officials thinking that they might have to conduct the executions themselves. “That is not an easy task for an amateur,” a reporter covering the quandary wrote. Unsure of what else do to, officials called upon Fred Leuchter, an engineer who had worked with a number of …
Key Expert Stakeholder Perceptions Of The Law Of Genomics: Identified Problems And Potential Solutions, Lauren E. Clatch
Key Expert Stakeholder Perceptions Of The Law Of Genomics: Identified Problems And Potential Solutions, Lauren E. Clatch
Law Faculty Publications
The law on human genomics in the United States is currently in transition and under debate. The rapid evolution of the science, burgeoning clinical research, and growing clinical application pose serious challenges for federal and state law. Newer genomic assays, such as gene panels, whole exome and whole genome sequencing that can assess many or all of a patient’s genetic variants are different from former genetic assays that consist of assessing for variants in specific genes that indicate risk for medical conditions and for single-gene Mendelian disorders. Overall, single-gene genetic testing has primarily been used for risk prediction, disease diagnosis, …
The Intersection Of Contract Law, Reproductive Technology, And The Market: Families In The Age Of Art, Deborah Zalesne
The Intersection Of Contract Law, Reproductive Technology, And The Market: Families In The Age Of Art, Deborah Zalesne
University of Richmond Law Review
No abstract provided.
Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett
Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett
University of Richmond Law Review
No abstract provided.
Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino
Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino
University of Richmond Law Review
No abstract provided.
Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue
Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue
University of Richmond Law Review
No abstract provided.
Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac
Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac
University of Richmond Law Review
Health care reform took center stage on a national level overthe past year. Despite suggestions that medical liability reform might be incorporated into the federal legislation, in the end, it was not. Similarly, this year saw few legislative developments at the state level in medical malpractice law, as the Virginia General Assembly focused its energy primarily on the budget shortfall and other issues. There were, however, several health care legislative and case developments of note which will impact the medical liability landscape in the coming years. Board of Medicine activity and medical malpractice trial results of interest are also highlighted …
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
University of Richmond Law Review
No abstract provided.
Medical Malpractice Law, Kathleen M. Mccauley, William F. Demarest Iii
Medical Malpractice Law, Kathleen M. Mccauley, William F. Demarest Iii
University of Richmond Law Review
No abstract provided.
Health Care Law, Sean P. Byrne, Paul Walkinshaw
Health Care Law, Sean P. Byrne, Paul Walkinshaw
University of Richmond Law Review
Arguably, no other field of law in Virginia matches the complexity, magnitude, and universality of health care. It therefore comes as little surprise that Virginia's legislative and judicial branches of government devoted substantial attention to health care law issues in 2006 and 2007. Between April 2006 and April 2007 the time period covered by this article the Supreme Court of Virginia decided a large number of cases directly affecting health care law in the Commonwealth. The 2007 legislative session also addressed a host of health care issues and those with the most impact are summarized herein. These judicial and legislative …
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
University of Richmond Law Review
With President George W. Bush's promise to continue working toward tort reform, medical malpractice issues are once again garnering media and voter attention. This article examines recent judicial decisions and statutory amendments affecting patients and health care providers in the commonwealth in the context of medical malpractice law.
Health Courts: Panacea Or Palliative?, Carl W. Tobias
Health Courts: Panacea Or Palliative?, Carl W. Tobias
Law Faculty Publications
Professor Tobias weighs the pros and cons of legislation proposed in several states that would create "health courts" for the handling of medical malpractice cases.
Procedural Provisions In Nevada Medical Malpractice Reform, Carl W. Tobias
Procedural Provisions In Nevada Medical Malpractice Reform, Carl W. Tobias
Law Faculty Publications
In late July 2002, a special session of the Nevada Legislature passed medical malpractice reform legislation. The expressly-stated purpose of this statute is remedying, or at least ameliorating, the "serious threat to the health, welfare and safety of [Nevada] residents" which is posed by the state's "extreme difficulties attracting and maintaining a sufficient network of physicians to meet [residents'] needs." Moreover, the measure emphasizes substantive reforms that are primarily intended to limit the potential liability of certain health care providers for negligent actions. However, the legislation encompasses numerous "procedural" provisions, which may be equally important as the substantive reforms that …
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Damages For Medical Malpractice In Virginia, Michael L. Goodman, Kathryn Freeman-Jones, Kathleen M. Mccauley
Annual Survey Of Virginia Law: Damages For Medical Malpractice In Virginia, Michael L. Goodman, Kathryn Freeman-Jones, Kathleen M. Mccauley
University of Richmond Law Review
As a general rule, a plaintiff in actions for personal injury and wrongful death in Virginia, regardless ofwhether the cause derives from medical malpractice, may state a claim for any medical expenses incurred as a result of the alleged injury or death. By definition, an expense is incurred when it has been paid or one "become[s] legally obligated to pay it." A tortfeasor is bound and obligated to make the plaintiff whole, which means the injured party or his estate must be reasonably compensated for the fair and reasonable value of incurred medical expenses.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Recent Developments In Medical Malpractice And Health Care Law, Peter M. Mellette
Annual Survey Of Virginia Law: Recent Developments In Medical Malpractice And Health Care Law, Peter M. Mellette
University of Richmond Law Review
Over the past year, medical malpractice and health care law in the Commonwealth have undergone significant changes. Major case decisions and significant legislative activity, both at the state and federal levels, have altered the playing field for many health care providers, insurers, and consumers.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
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.
Unborn Child: Can You Be Protected?, Heather M. White
Unborn Child: Can You Be Protected?, Heather M. White
University of Richmond Law Review
Continuing medical advancement in the area of prenatal care' raises the question of when, if ever, the state may intervene in the life of a pregnant woman to protect her unborn child from abuse and neglect. This issue, though troublesome, can no longer be ignored. Since the Supreme Court's decision in Roe v. Wade, giving the pregnant woman the constitutional right to decide whether or not to terminate her pregnancy, there has been abundant controversy over the allowance of state intervention to protect the human fetus. This controversy necessarily entails a discussion as to when and in what manner the …
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.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
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 Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel
The Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel
University of Richmond Law Review
Since its enactment, Virginia's statute limiting medical malpractice awards has spawned questions concerning its constitutionality. In response to the alleged insurance crisis of the 1970's, many state legislatures passed statutes designed to slow the rising costs of liability insurance. With such statutes already enacted in many jurisdictions, the insurance and health care industries claim that another malpractice insurance crisis exists today. While that may be true in some parts of the country and within some medical specialties, the problem originally was not as severe in the state of Virginia. Today, it is still not as severe in Virginia as it …
The Changing Focus Of Peer Review Under Medicare, Peter M. Mellette
The Changing Focus Of Peer Review Under Medicare, Peter M. Mellette
University of Richmond Law Review
Consumers today rely on both physicians and the federal government for health care services. A consumer/patient's visit to a physician is the usual method of access to such services. After examining the patient, the physician will typically send the patient home with a prescription for medication or refer the patient for admission to an appropriate health care provider, such as a hospital. In either instance, the patient incurs medical bills. If the patient is age sixty-five or older, the federal government probably pays for most of those bills through the Medicare program.
Products Liability: The Continued Viability Of The Learned Intermediary Rule As It Applies To Product Warnings For Prescription Drugs, Barbara Pope Flannagan
Products Liability: The Continued Viability Of The Learned Intermediary Rule As It Applies To Product Warnings For Prescription Drugs, Barbara Pope Flannagan
University of Richmond Law Review
Judicial decisions, as well as statutory enactments, have removed many of the traditional stumbling blocks which formerly hampered an injured plaintiff's recovery against the manufacturer of a defective product. Concomitantly, the past few decades have seen a dramatic increase in the number of product liability suits brought by injured consumers directly against manufacturers. These product liability suits have involved the full range of manufactured products and have proceeded under three basic theories of recovery. While no single type of product, either because of its use or purpose, has been immune from products liability suits, some types of products have special …
Provider-Sponsored Alternative Health Care Delivery Systems: Reducing Antitrust Liability After Maricopa, James H. Walsh, Howard Feller
Provider-Sponsored Alternative Health Care Delivery Systems: Reducing Antitrust Liability After Maricopa, James H. Walsh, Howard Feller
University of Richmond Law Review
The phenomenal rate of inflation experienced by the health care industry in the past several years has been a substantial cause of concern for everyone affected-physicians, hospitals, insurers, employers and consumers. Public reaction to the tremendous increase in health care costs has created pressure on health care providers to compete on the basis of price and to deliver services more efficiently. The recent growth of alternative health care delivery systems (ADSs) has been a direct response to a number of problems created by increasing health care costs including increased competition in health care delivery, resistance by payors and consumers to …
Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith
Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith
University of Richmond Law Review
The last major revision of Virginia statutes relating to medical malpractice was in 1976. At that time the General Assembly provided for medical malpractice review panels and mandated a method of reporting medical malpractice claims. These innovations were in response to a perceived medical malpractice crisis in the mid-1970's. A symptom of the crisis was the astronomical rise in the cost of medical malpractice insurance premiums. This increase plagued patients as well as physicians, hospitals, and other health care providers. The higher premiums, of course, were reflected in fees for services rendered by providers. In addition, providers began to practice …
The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy
The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy
University of Richmond Law Review
In 1966 Virginia enacted legislation, now section 20-61.2 of the Code of Virginia, providing for the admission into evidence of the results of blood tests in cases involving questions of paternity. In 1982, a second statute, section 20-61.1 of the Code of Virginia, was amended to permit the use of genetic blood grouping tests, including the human leukocyte antigen (HLA) test, as evidence of paternity in child support proceedings. With the enactment of these two statutes, Virginia has joined a growing number of states which recognize the accuracy and reliability of the HLA test in establishing paternity.