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Medical Jurisprudence Commons™

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Full-Text Articles in Medical Jurisprudence

(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein Mar 2020

(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein

Washington and Lee Law Review

This Article explores four beliefs about supposed pharma-benevolence that appear to be shared by more than the industry, reaching the level almost of conventional wisdom. These figurative pillars help support one-sided results in court. However, each of the pillars on examination turns out at least a bit shaky. This Article puts them forward for review to start a necessary discussion.

The locus of this Article is products liability, where a court concludes that a manufactured object is defective or could be called defective by a factfinder following a trial. Drug manufacturers enjoy near-immunity from this consequence. Modern products liability identifies …


A Continuing War With Asbestos: The Stalemate Among State Courts On Liability For Take-Home Asbestos Exposure, Meghan E. Flinn Jan 2014

A Continuing War With Asbestos: The Stalemate Among State Courts On Liability For Take-Home Asbestos Exposure, Meghan E. Flinn

Washington and Lee Law Review

No abstract provided.


Asbestos Wars: In Three Parts, David Partlett Jan 2014

Asbestos Wars: In Three Parts, David Partlett

Washington and Lee Law Review

No abstract provided.


Comment: Knowledge Circles And The Duty Of Care, Jill M. Fraley Jan 2014

Comment: Knowledge Circles And The Duty Of Care, Jill M. Fraley

Washington and Lee Law Review

No abstract provided.


Sheltering Psychiatric Patients From The Deshaney Storm: A Proposed Analysis For Determining Affirmative Duties To Voluntary Patients, Claire Marie Hagan Jan 2013

Sheltering Psychiatric Patients From The Deshaney Storm: A Proposed Analysis For Determining Affirmative Duties To Voluntary Patients, Claire Marie Hagan

Washington and Lee Law Review

No abstract provided.


Joshua’S Children: Constitutional Responsibility For Institutionalized Persons After Deshaney V. Winnebago County, Susan Stefan Jan 2013

Joshua’S Children: Constitutional Responsibility For Institutionalized Persons After Deshaney V. Winnebago County, Susan Stefan

Washington and Lee Law Review

No abstract provided.


Coercion, Consent, Compassion, John D. King Jan 2013

Coercion, Consent, Compassion, John D. King

Washington and Lee Law Review

No abstract provided.


Reconceptualizing Competence: An Appeal, Mae C. Quinn Jan 2009

Reconceptualizing Competence: An Appeal, Mae C. Quinn

Washington and Lee Law Review

No abstract provided.


The Epa's Hpv Challenge Program: A Tort Liability Trap? Jan 2005

The Epa's Hpv Challenge Program: A Tort Liability Trap?

Washington and Lee Law Review

No abstract provided.


Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams Jan 2004

Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams

Washington and Lee Law Review

No abstract provided.


In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie Jan 2004

In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie

Washington and Lee Law Review

No abstract provided.


Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii Sep 2003

Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii

Washington and Lee Law Review

No abstract provided.


Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles Jun 2003

Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles

Washington and Lee Law Review

No abstract provided.


Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan Jan 2003

Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan

Washington and Lee Law Review

No abstract provided.


The Usage And Meaning Of "Clinical Significance" In Drug-Related Litigation, Sarah M.R. Cravens Mar 2002

The Usage And Meaning Of "Clinical Significance" In Drug-Related Litigation, Sarah M.R. Cravens

Washington and Lee Law Review

No abstract provided.


The Medicare Anti-Kickback Statute: In Need Of Reconstructive Surgery For The Digital Age, Michael E. Paulhus Mar 2002

The Medicare Anti-Kickback Statute: In Need Of Reconstructive Surgery For The Digital Age, Michael E. Paulhus

Washington and Lee Law Review

No abstract provided.


You Get What You Pay For: Result-Based Compensation For Health Care, David A. Hyman, Charles Silver Sep 2001

You Get What You Pay For: Result-Based Compensation For Health Care, David A. Hyman, Charles Silver

Washington and Lee Law Review

No abstract provided.


Medical Futility: A Futile Concept?, Keith Shiner Mar 1996

Medical Futility: A Futile Concept?, Keith Shiner

Washington and Lee Law Review

No abstract provided.


Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash Sep 1993

Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash

Washington and Lee Law Review

No abstract provided.


Case Comments K. Hospitals Baber V. Hospital Corp. Of America Jan 1993

Case Comments K. Hospitals Baber V. Hospital Corp. Of America

Washington and Lee Law Review

No abstract provided.


Autonomy And Informed Consent In Medical Decisionmaking: Toward A New Selffulfilling Prophecy, Cathy J. Jones Mar 1990

Autonomy And Informed Consent In Medical Decisionmaking: Toward A New Selffulfilling Prophecy, Cathy J. Jones

Washington and Lee Law Review

No abstract provided.


Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule Sep 1987

Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule

Washington and Lee Law Review

No abstract provided.


Will Tort Reform Combat The Medical Malpractice Insurance Availability And Affordability Problems That Virginia's Physicians Are Facing? Sep 1987

Will Tort Reform Combat The Medical Malpractice Insurance Availability And Affordability Problems That Virginia's Physicians Are Facing?

Washington and Lee Law Review

No abstract provided.


Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule Sep 1987

Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule

Washington and Lee Law Review

No abstract provided.


A New Approach To Hospital Immunity Sep 1986

A New Approach To Hospital Immunity

Washington and Lee Law Review

No abstract provided.


Aids As A Handicap Under The Federal Rehabilitation Act Of 1973 Sep 1986

Aids As A Handicap Under The Federal Rehabilitation Act Of 1973

Washington and Lee Law Review

No abstract provided.


The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death Sep 1982

The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death

Washington and Lee Law Review

No abstract provided.


Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried Jan 1982

Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried

Washington and Lee Law Review

No abstract provided.


Virginia's Medical Malpractice Act: A Constitutional Analysis Sep 1980

Virginia's Medical Malpractice Act: A Constitutional Analysis

Washington and Lee Law Review

No abstract provided.


The Decline Of "Informed Consent", Marcus L. Plant Jan 1978

The Decline Of "Informed Consent", Marcus L. Plant

Washington and Lee Law Review

No abstract provided.