Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (20)
- Family Law (4)
- Torts (4)
- Food and Drug Law (3)
- State and Local Government Law (3)
-
- Administrative Law (2)
- Civil Law (2)
- Constitutional Law (2)
- Courts (2)
- Estates and Trusts (2)
- Juvenile Law (2)
- Law and Gender (2)
- Litigation (2)
- Antitrust and Trade Regulation (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Common Law (1)
- Construction Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Criminal Law (1)
- Disability Law (1)
- Environmental Law (1)
- Evidence (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Institution
-
- Loyola University Chicago, School of Law (8)
- Cleveland State University (4)
- Maurer School of Law: Indiana University (4)
- UIC School of Law (4)
- Brigham Young University Law School (2)
-
- Fordham Law School (2)
- University of Richmond (2)
- Association of American Law Schools (1)
- Georgetown University Law Center (1)
- Longwood University (1)
- Mitchell Hamline School of Law (1)
- New York Law School (1)
- Seattle University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- Vanderbilt University Law School (1)
- West Virginia University (1)
- Keyword
-
- Informed consent (2)
- Liability (2)
- Medical malpractice (2)
- Physicians (2)
- 1985 medical malpractice crisis (1)
-
- Abortion (1)
- Active voluntary euthanasia (1)
- Addiction (1)
- Annual Survey of Virginia Law (1)
- Artificial nutrition (1)
- Bioethics (1)
- Biomedical ethics (1)
- Black motherhood (1)
- Boyd v. Bulala (1)
- Brumback v. Horng (1)
- Cadaver Disposition Cases (1)
- Child abuse (1)
- Chiropractors (1)
- Code of Virginia (1)
- Crack baby (1)
- Crimes Against Unborn Children (1)
- Criminal Law (1)
- DeRosa v. Meloni (1)
- Dead (1)
- Death with Dignity Act (1)
- Drug abuse (1)
- Drug testing (1)
- Dutch law (1)
- Edwards v. City of Portsmouth (1)
- Etheridge v. Medical Center Hospital (1)
- Publication
-
- Loyola University Chicago Law Journal (8)
- Indiana Law Journal (4)
- Journal of Law and Health (3)
- UIC Law Review (3)
- Faculty Scholarship (2)
-
- University of Richmond Law Review (2)
- Articles & Chapters (1)
- BYU Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Cleveland State Law Review (1)
- Fordham Urban Law Journal (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal of Legal Education (1)
- Scholarly Articles (1)
- Seattle University Law Review (1)
- Theses & Honors Papers (1)
- UIC Law Open Access Faculty Scholarship (1)
- Vanderbilt Law Review (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 35
Full-Text Articles in Medical Jurisprudence
Radiation Injury And The Law, David S. Gooden
A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie
A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie
Vanderbilt Law Review
The recurring crises in medical malpractice litigation have been widely discussed and documented over the past two decades.' In response to these crises, a growing consensus has emerged among legislatures, government agencies, and scholars in favor of tort reform. Indeed, virtually every state has passed some tort reform legislation.'Despite the reforms, several serious problems persist in medical malpractice. The current tort system does not compensate injured patients adequately or equitably, nor does it deter negligent practices sufficiently. These failings occur despite the increasingly high costs to society of the tort system. Particularly troublesome is the impact of these crises on …
The Standard Of Admissibility Of A Physician's Expert Testimony In A Chiropractor Malpractice Action, Susan M. Hobson
The Standard Of Admissibility Of A Physician's Expert Testimony In A Chiropractor Malpractice Action, Susan M. Hobson
Indiana Law Journal
No abstract provided.
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.
Statutes Limiting Mental Health Professional's Liability For The Violent Acts Of Their Patients, Michael R. Geske
Statutes Limiting Mental Health Professional's Liability For The Violent Acts Of Their Patients, Michael R. Geske
Indiana Law Journal
No abstract provided.
The Criminalization Of Maternal Conduct During Pregnancy: A Decisionmaking Model For Lawyers, Elizabeth L. Thompson
The Criminalization Of Maternal Conduct During Pregnancy: A Decisionmaking Model For Lawyers, Elizabeth L. Thompson
Indiana Law Journal
No abstract provided.
An Interdisciplinary Seminar On Legal Issues In Medicine, Dale L. Moore
An Interdisciplinary Seminar On Legal Issues In Medicine, Dale L. Moore
Journal of Legal Education
No abstract provided.
A Survey Of Practitioners' Perceptions Of Utah's Medical Malpractice Pre-Litigation Program, Joann E. Carnahan, Kathy D. Pullins
A Survey Of Practitioners' Perceptions Of Utah's Medical Malpractice Pre-Litigation Program, Joann E. Carnahan, Kathy D. Pullins
Brigham Young University Journal of Public Law
No abstract provided.
Evolving Theories Of Malpractice Liability For Hmos, Michael Kanute
Evolving Theories Of Malpractice Liability For Hmos, Michael Kanute
Loyola University Chicago Law Journal
No abstract provided.
Monitor Mania: Physician Regulation Runs Amok!, Evan J. Ellman
Monitor Mania: Physician Regulation Runs Amok!, Evan J. Ellman
Loyola University Chicago Law Journal
No abstract provided.
Risk Management In Home Health Care: Focus On Patient Care Liabilities, Nancy J. Brent
Risk Management In Home Health Care: Focus On Patient Care Liabilities, Nancy J. Brent
Loyola University Chicago Law Journal
No abstract provided.
The Illinois Medical Studies Act And Hospital Records: Privilege Without Substance, Marianne Craigmile
The Illinois Medical Studies Act And Hospital Records: Privilege Without Substance, Marianne Craigmile
Loyola University Chicago Law Journal
No abstract provided.
Health Care Financing: The Challenge For The Future, David Durenberger
Health Care Financing: The Challenge For The Future, David Durenberger
Loyola University Chicago Law Journal
No abstract provided.
A More Balanced Approach To Ex Parte Interviews By Treating Physicians, William K. Mcvisk
A More Balanced Approach To Ex Parte Interviews By Treating Physicians, William K. Mcvisk
Loyola University Chicago Law Journal
No abstract provided.
Federal Preemption Of Prescrption Drug Labeling: Antidote For Pharmaceutical Industry Overdosing On State Court Jury Decisions In Products Liability Cases, 22 J. Marshall L. Rev. 629 (1989), John F. Del Giorno
UIC Law Review
No abstract provided.
Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers
UIC Law Review
No abstract provided.
Gray V. Romeo: Right Of Privacy Overextended To Allow Withdrawal Of Nutrition From Patient In Persistent Vegetative State, 22 J. Marshall L. Rev. 925 (1989), Donna L. Marks
UIC Law Review
No abstract provided.
To Cap Or Not To Cap Damage Awards: That Is The Constitutional Question, Jill Oliverio
To Cap Or Not To Cap Damage Awards: That Is The Constitutional Question, Jill Oliverio
West Virginia Law Review
No abstract provided.
Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity, George P. Smith Ii
Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity, George P. Smith Ii
Journal of Law and Health
The purpose of this essay is to demonstrate the pressing need of the law to take decisive action in imposing tort liability for willful and malicious conduct by drug addicted women during their pregnancy. Liability should be imposed notwithstanding the warnings from civil libertarians that the enforcement of such a policy would most assuredly give rise to "prenatal police patrols".
An Incompetent Individual's Right To Die, Carol M. Friedman
An Incompetent Individual's Right To Die, Carol M. Friedman
Fordham Urban Law Journal
Individuals must be fully informed and comprehend the consequences of refusing medical treatment before doing so. At the time of publication, New York courts used a subjective intent test to determine a patient's intentions before he or she became medically incompetent. The author argues that this test is ineffective where the patient did not have ability or forethought to make his or her intentions known. In such a case, the author contends that a surrogate should be appointed and given the discretion to consider what the surrogate believes would be the intent of the incapacitated person as well as the …
In Re Grant: Where Does Washington Stand On Artificial Nutrition And Hydration?, Stephen P. Vanderhoef
In Re Grant: Where Does Washington Stand On Artificial Nutrition And Hydration?, Stephen P. Vanderhoef
Seattle University Law Review
The Washington Supreme Court in In re Grantsought to determine whether life sustaining treatment could be legally withheld from a terminally ill, non-comatose, incompetent individual. In its December 1987 slip opinion, a majority of the court expanded on its previous decisions empowering third parties, including guardians, families, and physicians, to withhold and withdraw life sustaining treatment from incompetent individuals. This was accomplished by characterizing artificial nutrition and hydration as removable, life sustaining medical treatment. The court also gave third parties the power to remove artificial nutrition and hydration before the incompetent individual in question slips into a coma or …
Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen
Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen
Faculty Scholarship
A surrogate decision maker may conclude that efforts to mechanically provide liquid nourishment would cause considerable suffering in return for little gain. But such a decision is unquestionably one that can produce great conflict for families and for medical caregivers. Assessment must be made of each patient's situation and of the benefits and burdens that will result if tube feeding is withheld or withdrawn. It may well be, however, that in some cases, the most humane and compassionate treatment for a patient is the withdrawal of all technological interventions, including those that supply nourishment.
Autonomous Decisionmaking And Social Choice: Examining The “Right To Die”, 77 Ky. L.J. 319 (1989), Donald L. Beschle
Autonomous Decisionmaking And Social Choice: Examining The “Right To Die”, 77 Ky. L.J. 319 (1989), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
New Developments In Health Care, Harold L. Hirsch
New Developments In Health Care, Harold L. Hirsch
Loyola University Chicago Law Journal
No abstract provided.
Withdrawal Of Life Support: Individual Autonomy Against Alleged State Interests In Preserving Life, Michelle Oberman
Withdrawal Of Life Support: Individual Autonomy Against Alleged State Interests In Preserving Life, Michelle Oberman
Loyola University Chicago Law Journal
No abstract provided.
Active Voluntary Euthanasia: The Ultimate Act Of Care For The Dying, Deborah A. Wainey
Active Voluntary Euthanasia: The Ultimate Act Of Care For The Dying, Deborah A. Wainey
Cleveland State Law Review
This Note explores whether modern society can embrace the concept of euthanasia as "death without suffering" to the full extent of the term. Section II explores the distortion of the concept of euthanasia from an historical perspective. Section III provides insight into the practice of euthanasia in the Netherlands, the only country in the world which allows people to request and receive aid-in-dying, i.e., active euthanasia. Section IV reviews the American judicial and legislative response to the active euthanasia issue, and analyzes the Death With Dignity Act, a model law which would permit a terminally ill adult to request and …
The Role Of The Family In Cadaveric Organ Procurement, Chad D. Naylor
The Role Of The Family In Cadaveric Organ Procurement, Chad D. Naylor
Indiana Law Journal
No abstract provided.
A Unified Approach To Organ Donor Recruitment, Organ Procurement, And Distribution, David A. Peters
A Unified Approach To Organ Donor Recruitment, Organ Procurement, And Distribution, David A. Peters
Journal of Law and Health
This article initially demonstrates the falsity of each of these assumptions. Policy alternatives are then proposed to govern donor recruitment and the activities of organ procurement and distribution. These alternatives are consistent with the correct assumption on the issues mentioned, and appear to be politically feasible in the light of available empirical evidence.
Fetal Tissue Transplantation: Regulating The Medical Hope For The Future, Jacquelyn F. Sedlak
Fetal Tissue Transplantation: Regulating The Medical Hope For The Future, Jacquelyn F. Sedlak
Journal of Law and Health
While fetal tissue implants have the potential to offer relief to several million Americans, these two scenarios are examples of the many legal and ethical issues surrounding the technology. Currently, the use of fetal tissue is loosely regulated by an assortment of laws, many of which were enacted before the therapeutic use of fetal tissue was even conceived as a possibility. At the time many of the regulations governing fetal tissue use were developed, the primary goal of the regualtions was to prevent the exploitation and sale of aborted fetuses following the Supreme Court's decision in Roe v. Wade. Had …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.