Medical Jurisprudence Commons^™

Are Pharmacists Responsible For Physicians' Prescription Errors? Mckee V. American Home Products, 113 Wash. 2d 701, 782 P.2d 1045 (1989), Elizabeth D. Smith

Washington Law Review

In McKee v. American Home Products, the Washington Supreme Court held that pharmacists' duties do not include contacting physicians who make judgment errors when prescribing medication. When physicians make obvious errors, however, juries decide whether pharmacists should contact physicians. This Note examines McKee and proposes that either juries should determine pharmacists' duties in all cases or, alternatively, the legislature should require pharmacists to contact physicians whenever prescriptions as issued could harm patients.

A Modest Proposal: A Psychotherapist-Patient Privilege For West Virginia, Franklin D. Cleckley

West Virginia Law Review

No abstract provided.

Human Gene Therapy And The Law: An Introduction To The Literature, Edward J. Larson

Scholarly Works

This essay will review introductory selections on the law of human gene therapy in the context of four common starting points: the discovery of DNA structure, past efforts to regulate genetic engineering, America's experience with eugenics, and historical, constitutional, or cultural values.

Utah Government Immunity Act And Government Hospitals: Condemarin V. University Hospital, Michael A. Royal

Brigham Young University Journal of Public Law

No abstract provided.

Legislative Update On The State Adoption Of The 1987 Revision To The Uniform Anatomical Gift Act Of 1968, Daphne D. Sipes

Brigham Young University Journal of Public Law

No abstract provided.

History's Challenge To Feminism, Jeanne L. Schroeder

Articles

No abstract provided.

Hospital Liability For Defamation Of Character During The Peer Review Process: Sticks And Stones May Break My Bones, But Words May Cost Me My Job

West Virginia Law Review

No abstract provided.

Gestational Substance Abuse: A Call For A Thoughtful Legislative Response, Kristen Rachelle Lichtenberg

Washington Law Review

Gestational substance abuse seriously threatens fetal health. Recently, many states have prosecuted women who abuse drugs or alcohol during pregnancy. This Cornment argues that Roe v. Wade, 410 U.S. 113 (1973), should govern state intervention in cases of gestational substance abuse. Because criminal prosecution fails to prevent gestational substance abuse, a state seeking to intervene should use civil commitment as the means of intervention.

Treatment Of The Mentally Disabled: Rethinking The Community-First Idea, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In the past several decades the treatment, habilitation and education of the mentally disabled has been heavily influenced by what could be called the "community-first" movement. This movement which encompasses such developments as deinstitutionalization, the least restrictive alternative doctrine, normalization, mainstreaming,and outpatient commitment-is based on the idea that, in caring for the mentally disabled, we should favor placement in the community rather than in institutions segregated from mainstream populations. The community-first idea is not unanimously supported. But Congress, many courts, and countless advocacy groups composed of lawyers, mental health professionals and laypeople have rallied behind the community first standard as …

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

Washington and Lee Law Review

No abstract provided.

To Boldly Go Where No One Has Gone Before: The Final Frontier Of Illinois Expert Winess Testimony In Medical Malpractice Cases, Charles Chapman Honorable, Robert Robertson

Loyola University Chicago Law Journal

No abstract provided.

Ex Parte Contracts Between Plaintiff's Physician And Defense Attorneys: Protecting The Patient-Litigant's Right To A Fair Trial, Philip H. Corboy

Loyola University Chicago Law Journal

No abstract provided.

Antitrust Challenges To Nonprofit Hospital Mergers Under Section 7 Of The Clayton Act, Paul A. Jorissen

Loyola University Chicago Law Journal

No abstract provided.

Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer

UIC Law Review

No abstract provided.

A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.

Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas

Faculty Scholarship

In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.^{2 …}

A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.

Mandatory Testing Of Hospital Employees Exposed To The Aids Virus: Need To Know Or Unwarranted Invasion Of Privacy?, Donald J. Mcneil, Laurie A. Spieler

Loyola University Chicago Law Journal

No abstract provided.

In Re E.G.: The Right Of Mature Minors In Illinois To Refuse Lifesaving Medical Treatment, Jennifer Fouts Skeels

Loyola University Chicago Law Journal

No abstract provided.

The Aid Child And In Re Marriage Of Adams: Ambiguities In The Illinois Parentage Act (Or Who's Your Daddy?), Lauren S. Smith

Loyola University Chicago Law Journal

No abstract provided.

International Union, Uaw V. Johnson Controls, Inc.: Fetal Protection Policies And The Subordination Of A Woman's Economic Role To Her Reproductive Role In Society, Lori Ann Kijowski

Loyola University Chicago Law Journal

No abstract provided.

Liberalism, Republicanism And The Abortion Controversy, Gary C. Leedes

Villanova Law Review (1956 - )

No abstract provided.

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Regulating The "Gift Of Life"—The 1987 Uniform Anatomical Gift Act, Ann Mcintosh

Washington Law Review

Demand for human transplant organs exceeds the supply. The 1987 Uniform Anatomical Gift Act provides a model for state laws intended to alleviate this shortage. This Comment analyzes these proposed laws in light of their potential impact on, first, the organ shortage and, second, the legal rights of donors and their families. Enactment of the 1987 Uniform Anatomical Gift Act can increase organ donation in Washington while intruding minimally on family and physician control of the donation process.

In Re E.G., A Minor: Death Over Life: A Judicial Trend Continues As The Illinois Supreme Court Grants Minors The Right To Refuse Life-Saving Medical Treatment, 23 J. Marshall L. Rev. 771 (1990), William D. Brewster

UIC Law Review

No abstract provided.

Elimination Of Process: Will The Biotechnology Patent Protection Act Revive Process Patents, 24 J. Marshall L. Rev. 263 (1990), Kerin Kelly

UIC Law Review

No abstract provided.

Unavoidably Unsafe Products And Strict Products Liability: What Liability Rule Should Be Applied To The Sellers Of Pharmaceutical Products?, Richard C. Ausness

Law Faculty Scholarly Articles

Injuries from adverse drug reactions have increased dramatically in recent years. This increase is largely attributable to the changing nature of pharmaceutical products. First of all, more pharmaceutical products are currently available to physicians than ever in history. Presently, there are more than ten thousand prescription drugs on the market, and each year four hundred to five hundred new ones are introduced. Second, modern drugs often are more potent than their older counterparts, thus increasing the likelihood of adverse reactions.

It should come as no surprise that this rise in the number of drug-related injuries has led to a comparable …

Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon

Articles

Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be ”synthesized’ to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here - ones for the New Jersey murder statute and the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility.

Physicians And Maternal-Fetal Conflicts: Duties, Rights And Responsibilities, James J. Nocon

Journal of Law and Health

The physician-patient relationship is substantially influenced by issues involving ethics, morality, law, and politics. Throughout this article, the nexus between law and medicine will be emphasized. Perhaps the most important of these associations is the relationship between principles, duties and rights. Justice Holmes aptly stated that since no rights were absolute, they were poor tools for analysis in any case because they were not truly fundamental considerations. "Duties precede rights logically and chronologically." Holmes eventually came to view "duties" as derivative notions and thought that it was essential to understand the principles at work, not the moral sounding labels attached …

The Medical Malpractice Explosion: An Empirical Assessment Of Trends, Determinants, And Impacts, Michael J. Trebilcock, Donald N. Dewees, David G. Duff

All Faculty Publications

This article briefly describes trends in the frequency and severity of medical malpractice claims in Canada and the U.S., with some comparative references to trends in Britain and Australia. In all cases, frequency and severity rates appear to have risen quite dramatically over the past decade and a half. The article proceeds to explore various hypotheses that might explain these trends. While empirical analysis does not yield firm conclusions, the fact that so many jurisdictions have experienced a somewhat similar phenomenon makes it doubtful that the primary cause of the increase is likely to be idiosyncratic features of one particular …