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

Medical Jurisprudence Commons

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

University of Richmond

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 31 - 41 of 41

Full-Text Articles in Medical Jurisprudence

Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl Jan 1984

Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl

University of Richmond Law Review

The standard of care in a medical negligence action represents the duty which the defendant physician, nurse, hospital or other health care provider owes to the patient. In Virginia, it is that degree of care and skill possessed by the reasonably prudent practitioner of the same specialty in this state. This standard is an elusive one at best. While learned treatises and journal articles assist in determining the standard, in practice the plaintiff offers experts who state, based on their knowledge, training, and experience that the standard of care requires the defendant to provide a particular type of care which …


Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird Jan 1984

Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird

University of Richmond Law Review

In recent years, the rapid expansion of knowledge in the field of molecular genetics resulting from the use of recombinant DNA (rDNA) techniques has been unprecedented. The expanded knowledge scientists have acquired through rDNA techniques has precipitated conspicuous breakthroughs in biomedical research involving the manipulation of human genetic material to diagnose and treat human disorders. Application of this research may soon affect all aspects of our lives. However, this newly-acquired ability to manipulate human genes raises broad ethical and legal questions. The issues raised by rDNA research are dissimilar to earlier questions regarding the use of genetically-engineered microorganisms in the …


Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick Jan 1984

Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick

University of Richmond Law Review

As the elderly population increases and medical costs skyrocket, federal and state governments feel increasing pressures to diminish drains on government treasuries caused by the provision of medical care to the elderly. One possible solution would be to require children to shoulder more of the costs of caring for their parents than they already bear as federal and state taxpayers. This article examines this approach and suggests that such a policy is contrary to both federal and state laws.


A Statewide Standard Of Care In Medical Malpractice Cases - We're Shoveling Smoke, Thomas J. Harlan Jr. Jan 1984

A Statewide Standard Of Care In Medical Malpractice Cases - We're Shoveling Smoke, Thomas J. Harlan Jr.

University of Richmond Law Review

A month before his death, Judge Learned Hand, in an interview with a young Life magazine reporter, was asked how he felt after his long and illustrious career on the bench in which his opinions were adopted by the United States Supreme Court, cited in major law schools throughout the country, hailed as legally incisive and brilliant, and being viewed himself as a trendsetter in legal thinking. Judge Hand replied: "'I've spent a lifetime of utter drudgery, shoveling smoke . . .'"


A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows Jan 1983

A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows

University of Richmond Law Review

The decade of the 1970's saw an increase of crisis proportions in the number of medical malpractice claims, and this crisis has lingered into the 1980's. Furthermore, lawyers, architects, engineers, accountants, and other professionals are becoming increasingly aware that malpractice litigation has not been limited to attacks on health care practitioners.


In Virto Fertilization: Hope For Childless Couples Breeds Legal Exposure For Physicians, Margaret I. Lane, Susan Cross Bolton, Rose M. Alexander Jan 1983

In Virto Fertilization: Hope For Childless Couples Breeds Legal Exposure For Physicians, Margaret I. Lane, Susan Cross Bolton, Rose M. Alexander

University of Richmond Law Review

The recent successes with in vitro or extracorporeal fertilization ("IVF") in both England" and the United States have led to increased interest in this new medical technique. For a large number of women, IVF represents the most promising opportunity for reproduction. This breakthrough makes it possible for infertile couples to experience for the first time the joys of natural parenthood that fertile or "normal" couples take for granted. Pioneers in the field are therefore to be commended for their work. Unfortunately, like other innovative medical services, the IVF procedures also breed legal concerns which will demand resolution in the not-so-distant …


Physician's Negligence Giving Rise To The Birth Of A Healthy But Unplanned Child: A Summary Of Damages Recoverable By The Parents, Kenneth F. Hardt Jan 1983

Physician's Negligence Giving Rise To The Birth Of A Healthy But Unplanned Child: A Summary Of Damages Recoverable By The Parents, Kenneth F. Hardt

University of Richmond Law Review

The decision to undergo a sterilization operation or an abortion is the result of considering many complex emotional and financial factors. The operation may be sought to avoid potential health risks associated with childbirth, or it may be sought to avoid the financial stress a new child will place on the family unit. Regardless of the rationale underlying the decision, the individual will require medical assistance. In some situations, however, this medical assistance is negligently performed, and the result may be the birth of a healthy but unplanned child.


The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy Jan 1983

The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy

University of Richmond Law Review

The right to die with dignity is a controversial issue. In the absence of legislative guidance, court intervention is often necessary to protect a patient's right to the privacy of his own body. At the same time, courts must protect the state's interests in the preservation of life, the protection of innocent third parties, the prevention of suicide, and the ethical integrity of the medical profession.


The Limitation On Recovery In Medical Negligence Cases, Edward W. Taylor, William G. Shields Jan 1982

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 Jan 1980

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.


Book Reviews, Edward S. Graves, David L. Ross Jan 1979

Book Reviews, Edward S. Graves, David L. Ross

University of Richmond Law Review

These are book reviews from 1979.