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Articles 1 - 19 of 19
Full-Text Articles in Medical Jurisprudence
Striving To Thrive: Balancing Digital Health Innovation And Patient Protection Under Thailand’S Legal Framework, Thidarat Liamsomboon
Striving To Thrive: Balancing Digital Health Innovation And Patient Protection Under Thailand’S Legal Framework, Thidarat Liamsomboon
Theses and Dissertations
The digitalization of health care has fundamentally transformed how health care services are accessed, delivered, and experienced worldwide. Telemedicine, artificial intelligence–assisted diagnostics, electronic health records, wearables, and mobile health applications are no longer novelties, but have become a substantial part of a modern clinical practice. Although these technologies offer great prospects for making health care more accessible, reducing administrative burden, and improving the quality of care, they also pose significant legal and regulatory challenges. The rate of technological development has far outpaced Thailand’s existing legal frameworks for regulating medical practice, professional accountability, and patient protection. This regulatory “lag” has generated …
An In-Depth Review Of Euthanasia-Related Practices, Arguments For/Against Them, And Proposed Solutions For Their Most Glaring Legal/Ethical Problems, Macon Plecha
Williams Honors College, Honors Research Projects
This paper’s goal is to cover the topic of euthanasia-related practices at great length. Terminology, history, and current programs around the world are discussed first, with the last point covering a wide geographical range: Colombia, Japan, Israel, and Africa, to name a few outside of the Western world standard. Arguments for and against euthanasia-related practices are explored. Within these arguments, several pressing legal and ethical issues arise, and the most severe of these are expanded on through the offering of potential solutions: how to handle stand-alone psychiatric cases, how to improve advanced directives and poor reporting rates, and how to …
A Philosophical Look Into The Morality And Legality Of Abortion, Alexis J. Agnew
A Philosophical Look Into The Morality And Legality Of Abortion, Alexis J. Agnew
Honors College Theses
In his Nicomachean Ethics, Greek philosopher Aristotle posits an understanding of ethics and how human life is characterized by the “good.” Aristotle argues that (I) ethics involve humans possessing a rational capacity and specific function; (II) ethics are habitual, and the “doctrine of the mean” is used to gauge proper action; and (III) justice is linked to virtue. A moral issue that can be analyzed through Aristotle’s Ethics, as well as works of contemporary philosophers, is abortion. Abortion has been a controversial topic and has been brought before the Supreme Court to determine its morality and legality. Using …
No-Fault Compensation Plans In Negligence Cases: Is The Exclusive Remedy Constitutional?, Elizabeth A. Wyman
No-Fault Compensation Plans In Negligence Cases: Is The Exclusive Remedy Constitutional?, Elizabeth A. Wyman
Honors Undergraduate Theses
The Florida Birth-Related Neurological Injury Compensation Act has been the subject of intense scrutiny regarding its efficacy, constitutionality, and ethical implications, specifically as it relates to the widespread practice of patients agreeing to its terms prior to providing them with prenatal care. This research investigates the potential unconstitutionality of the Neurological Injury Compensation Association (NICA) as an exclusive remedy, questioning the legality of the bill under the Fourteenth Amendment due to potential violations of patient rights to litigation. Through a comprehensive analysis of relevant case and statutory laws as well as secondary sources, this paper addresses the ethical and legal …
The Effects Of Medical Malpractice Laws In The American States On Healthcare Expenditures, Madison Fulton
The Effects Of Medical Malpractice Laws In The American States On Healthcare Expenditures, Madison Fulton
Political Science Theses and Capstones
The relationship between medical malpractice laws and healthcare has been an issue battling since the early 1980s. The relationship differs among states because some states have stricter malpractice laws and others have less strict laws, which ultimately affects the healthcare costs within that state. It is argued that because of the risks of lawsuits against doctors, they tend to practice more defensive medicine, affecting health costs and lawsuit rewards. I analyze data from The National Conference of State Legislatures, The Court Statistics Project, and The Kaiser Family Foundation to assess the correlation between state tort laws and their effect on …
Medical Error Disclosure: A Content Analysis Of State Legislation, Teresa Kathleen Sparks
Medical Error Disclosure: A Content Analysis Of State Legislation, Teresa Kathleen Sparks
Graduate Theses and Dissertations
Medical error is a public health problem in the United States (U.S.), causing approximately 250,000 hospital deaths per year. Health care leaders and policy-makers have identified medical error disclosure as one of many viable evidence-based solutions to address the problem of medical error – leading to increased transparency in health care, improved patient outcomes, potential medical malpractice cost reduction, and decreased health care provider distress and turnover. Unfortunately, health care providers are often hesitant to practice disclosure and are not required to do so in most U.S. jurisdictions. A qualitative inquiry using content analysis was conducted to understand the language …
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Pitzer Senior Theses
This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …
Proceeding Without Consent: The Ethics Of Disregarding Patient Preference For Paternalistic Reasons, Nicholas Munsey
Proceeding Without Consent: The Ethics Of Disregarding Patient Preference For Paternalistic Reasons, Nicholas Munsey
Undergraduate Theses and Capstone Projects
Within the last few decades, modern medical regulations have brought the practicing medical community to an unprecedented level of accountability. Laws and regulations governing the practice of medicine were once, at best, loosely enforced guidelines; practices such as experimental surgeries, dangerous health testing, end of life care, and treatment of mental illness were left comparatively unregulated. The introduction of patient rights and new standards for practicing have left the medical community with a novel dilemma: how might one approach a patient who, according to medical advice, is in need of treatment if that patient is unable to express preference or …
Multiple Sclerosis Drugs Have Been Getting A Lot More Expensive, Ben Jay
Multiple Sclerosis Drugs Have Been Getting A Lot More Expensive, Ben Jay
Capstones
Multiple Sclerosis is a very expensive disease. According to a 2016 study in the American Journal of Managed Care, treating it can cost patients anywhere from $30,000 to $100,000 per year, which can meet or even exceed the average US household median income, depending on how severe your case is. For a disease that has no known cure, and requires frequent medical attention to manage symptoms that can completely debilitate a person if left untreated, that can mean spending $4.1 million over the course of a lifetime, according to the same study. However, in the last 20 years, that …
Accelerated Creative Problem Solving And Product Improvement Applied To Experimental Devices In A Bloodstain Pattern Interpretation Class--Improving The Role Of Insight Development Tools As A Generator Of New Ideas In Novel Situations, Douglas Ridolfi
Creativity and Change Leadership Graduate Student Master's Projects
This project uses an action research centered study protocol to examine the effects of a problem-based learning exercise related to bloodstain pattern interpretation in a crime scene processing and general criminalistics class taught as part of an upper division forensic chemistry major in a four year college. The goal is to apply design principles and creative problem solving methods directly adapted to a project involving interpreting a set of crime scene photographs depicting blood spatter and with the aid of guided exercises in ideation and design, lead students into the development of alternate theories of how the bloodstains were created …
Social & Legal Perspectives On Underuse Of Medication-Assisted Treatment For Opioid Dependence, Barbara Andraka-Christou
Social & Legal Perspectives On Underuse Of Medication-Assisted Treatment For Opioid Dependence, Barbara Andraka-Christou
Maurer Theses and Dissertations
Medication-assisted treatment (MAT) in combination with counseling is considered the most effective treatment for opioid dependence by the World Health Organization, U.S. Department of Health and Human Services, and American Society of Addiction Medicine. Two MAT medications, buprenorphine and methadone, are considered essential medicines by the World Health Organization. Despite MAT’s effectiveness, it is severely underused in U.S. treatment settings, including physicians’ offices, hospitals, the Veterans Administration, residential treatment centers, prisons, and drug courts. The dissertation examines social and legal reasons for under-use of MAT in the U.S., including dominance of abstinence-only treatment methods, separation of addiction treatment from mainstream …
Creating A Cultural Analysis Tool For The Implementation Of Ontario's Civil Mental Health Laws, Roby Dhand
Creating A Cultural Analysis Tool For The Implementation Of Ontario's Civil Mental Health Laws, Roby Dhand
PhD Dissertations
The purpose of the study was to develop a Cultural Analysis Tool (CAT). The CAT consists of specific thematic questions that can serve as a cultural and equity analysis instrument for practitioners to use in the implementation of Ontario’s civil mental health laws. The rationale behind creating the CAT is based on research suggesting that ethno-racial people with mental health disabilities experience inequities and differential outcomes while interacting with Ontario’s civil mental health laws. Given the increasing multi-racial population in Ontario, there is a need to develop mechanisms to address these intersecting issues. Other countries that have created evaluative tools …
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
LLM Theses
Scientific evidence is relied on more and more in litigation. Discussions and debates aimed at enabling courts to make the best use scientific evidence are increasingly critical. This thesis adds the perspective of procedural legitimacy to the science and law discussion. Procedural Legitimacy is the concept that consistent adherence to legal procedure maintains the overall legitimacy of the legal system, and the validity of its outcomes. I argue that the integrity of legal procedures must be maintained where scientific evidence is presented, so that judicial decisions that rely on scientific evidence are legitimate.
Half Baked: The Federal And State Conflicts Of Legalizing Medical Marijuana, Andrew K. Fevery
Half Baked: The Federal And State Conflicts Of Legalizing Medical Marijuana, Andrew K. Fevery
CMC Senior Theses
The legalization of medical marijuana has been a complicated and confusing process. The drug is used for medical purposes yet is only semi-legal and not approved by the federal government. This piece will observe the legal medical history of this drug in the United States. It will analyze the growth of the medical marijuana movement up to the present with a special emphasis to the importance of federal, state and local supremacy. It will observe important court cases that have been decisive in defining the reach of federal power under the Commerce Clause and the 1970 Controlled Substance Act. This …
Hukum-Hukum Berkaitan Pesakit Aids Dalam Urusan Ibadat Dan Kekeluargaan., Noor Hamiza Mustapa
Hukum-Hukum Berkaitan Pesakit Aids Dalam Urusan Ibadat Dan Kekeluargaan., Noor Hamiza Mustapa
Student Works (2010-2019)
This dissertation discusses legal rules pertaining to AIDS patients in ‘ibadat and family matters. ‘Ibadat covers prayers, fasting and hajj. Family matters deal with marriage, fasakh (annulment of marriage), sexual intercourse, pregnancy, abortion, fosterage and hadanah (custody of children). The research based on primary and secondary sources, for instances, al-Quran, al-Sunnah, classical fiqh books, related acts and enactments, dissertations, theses, journals, seminar paperworks, magazines and newspapers. Moreover, in order to acquire primary sources which are current and latest, the author make an effort to interview specialists such as medical experts and contemporary Islamic scholars. The author utilizes various methods which …
Psychiatric Patients' Human Rights: With A Case Study Of Abbasiya Hospital-Cairo, Egypt, Nada Ibrahim Hamdan
Psychiatric Patients' Human Rights: With A Case Study Of Abbasiya Hospital-Cairo, Egypt, Nada Ibrahim Hamdan
Archived Theses and Dissertations
No abstract provided.
Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas
Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas
Community & Environmental Health Theses & Dissertations
The purpose of this study was to determine if the Patient Self-Determination Act was effective in providing information to young adults and will young adults not only have an accurate understanding of their health care rights but sufficient opportunity to exercise those rights. From a sample of convenience, 83 college students were randomly selected to complete a questionnaire. The questionnaire contained 71 questions devised to reflect various aspects of the Patient Self-Determination Act. Five additional questions were asked to determine a generalized profile of the students. Data analysis of the responses identified 5 significant legal misunderstandings and 5 significant medical …
A Descriptive Study Of Commitment Practices In A Selected Jurisdiction, Louis A. Pesnicak
A Descriptive Study Of Commitment Practices In A Selected Jurisdiction, Louis A. Pesnicak
Community & Environmental Health Theses & Dissertations
This study examines the application of commitment procedures in one urban community in Virginia. The study investigated: the concordance rates of clinical recommendation for treatment and the outcome of the commitment hearing. the time lapse between detention of an individual and the hearing outcome. the presenting symptomatology and outcome. and the pre-detention compliance to treatment and outcome. The study's findings showed a concordance rate of 64% between clinical recommendation and outcome. It provided no significant differences in symptomatology/outcome, compliance/outcome, and time lapse/outcome. The lack of any significant findings seems to suggest that application of commitment laws might benefit from institution …
For Love Or Money: Ethical And Legal Issues In The Debate Concerning Surrogate Parenthood, E. Lynette Jennings
For Love Or Money: Ethical And Legal Issues In The Debate Concerning Surrogate Parenthood, E. Lynette Jennings
Theses & Honors Papers
When natural child birth is not an option for women due to fertility or health problems, they require alternative methods like surrogate parenting. Surrogate parenting is a method not as widely known about as adoption or infertility treatments. A woman will bear a child for another woman who is infertile for a fee. There have been many questions raised regarding surrogacy’s moral and legal standing. This thesis examines the reasons why surrogate parenting in society should not be banned, but legalized.