Medical Jurisprudence Commons^™

Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky

Articles

No abstract provided.

A Free Market Analysis Of The Effects Of Medical Malpractice Damage Cap Statutes: Can We Afford To Live With Inefficient Doctors, Franklin D. Cleckley, Govind Hariharan

West Virginia Law Review

No abstract provided.

Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson

Scholarly Works

The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …

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 …

Controlling Conflicts Of Interest In The Doctor-Patient Relationship: Lessons From Moore V. Regents Of The University Of California, Joseph M. Healey Jr., Kara L. Dowling

Mercer Law Review

No abstract provided.

Statutory Criteria For Determining Human Death, James M. Humber

Mercer Law Review

Until approximately twenty years ago, human beings were not declared dead until they experienced an irreversible cessation of respiratory and circulatory functions. Use of these criteria-which are known as the heart-lung criteria for determining human death-was not problematical until modern medicine invented the means for artificially maintaining heartbeat and respiration. With the development of artificial life-support mechanisms, patients who were irreversibly comatose could be kept "alive" indefinitely. Maintaining these patients imposed financial and emotional hardships upon family members, utilized scarce medical resources in nonefficient ways, and denied use of comatose patients' organs for transplant purposes. In an attempt to remedy …

Legal Theory In Late Modernity, Alan G. Nasser

Mercer Law Review

The contemporary intellectual climate bears a striking resemblance to the milieu of epistemological and moral insecurity that characterized the dawn of Modernity. Rene Descartes, the so-called "father of modern philosophy," felt obliged, in the original epistemological gambit of modern philosophy, to subject the then-current orthodoxy to universal methodical doubt. Descartes felt driven to this procedure by the drastic deprecation of traditional beliefs that accompanied the mathematical, scientific, and social revolutions of the sixteenth and seventeenth centuries. The demise of the geocentric cosmology, the rise of a mechanistic ontology with its attendant undermining of teleological modes of explanation, and the emergence …

The Solomon Decision: A Study Of Davis V. Davis, Margie Mietling Eget

Mercer Law Review

An individual's basic right to control procreation has come head-tohead with the ability of modern science to bypass the normal procedure through in vitro fertilization and cryopreservation. This was the issue that confronted the Tennessee court in a divorce proceeding between Mary Sue and Junior Davis. The appellate court held that the lower court's awarding of the fertilized ova to Mary Sue against Junior's will constituted impermissible state action and violated Junior's constitutionally protected right not to beget a child when no pregnancy had taken place. The court noted that the right to procreate and to prevent procreation are basic …

Antiprogestin Drugs: Medical And Legal Issues, Rebecca J. Cook

Mercer Law Review

The United States Supreme Court decision in Webster v. Reproductive Health Services, one aspect of which upheld state conditions limiting delivery of late abortion services, underscores the need for safe and reliable means to perform abortion early in pregnancy. The Missouri statute reviewed in Webster raised an additional issue in its preamble, which contained the words: "The life of each human being begins at conception."' The Court saw no need to address the implications of this language yet, and is prepared instead to await a judicial challenge to legislation specifically providing for state intervention on these grounds. It is …

Autonomy's Paradox: Death, Fear, And Advance Directives, Richard P. Vance

Mercer Law Review

"The trouble with our times," noted Paul Valery, "is that the future is not what it used to be." As it is with' the zeitgeist, so it is with advance directives ("ADs"). ADs are declarations that one does not want particular kinds of medical treatment when one loses decision-making capacity. These mechanisms have received increased attention since the first living will statute was passed in 1976. Even more interest has arisen in light of the United States Supreme Court decision in Cruzan v. Director, Missouri Department of Health. Since many states may now legitimately require "clear and convincing evidence" …

Treatments Of Last Resort: Informed Consent And The Diffusion Of New Technology, Nancy M.P. King, Gail Henderson

Mercer Law Review

Professor Alexander Capron's seminal 1974 article, "Informed Consent in Catastrophic Disease Research and Treatment,"1 opens with a discussion of Karp v. Cooleys a lawsuit arising from Dr. Denton Cooley's first use of the artificial heart, in which Haskell Karp's widow unsuccessfully claimed that her husband's consent to use of the experimental device was inadequately informed. Today, more than twenty years after that surgery took place, American medical technology has markedly advanced and public awareness of informed consent has greatly increased, but doctors and patients may not have changed much at all. Both still have contradictory needs and desires. We want …

The Status Of The Permanently Unconscious: "You Call That Living?", Jay A. Gold

Mercer Law Review

In the aftermath of the United States Supreme Court decision in Cruzan v. Director, Missouri Department of Health, the writer Nat Hentoff described the prospects for resolving the issue of termination of treatment for the permanently unconscious as "The Coming Civil War":

It will be very much like the civil war . . . since the Supreme Court ... allowed the states to increase their regulatory powdr over abortion, ... there will now be intensified lobbying to amend or create state laws that will either make it harder or easier for death to come calling. . . . .As …

Dna Fingerprinting: A Scientific Perspective, Linda R. Adkison

Mercer Law Review

The birth of genetics in the 1860s occurred in a solitary monastery by a humble monk, Gregor Johann Mendel, who performed unprecedented experiments with garden peas. The rebirth of his work at the turn of the century has slowly led to an intermingling of various physical, chemical, and biological sciences. This process, in turn, is continually yielding an understanding of how characteristics are inherited, combined, assorted, and reassorted through generation after generation. The common thread connecting these divergent, yet convergent, disciplines is the remarkable double stranded helix, described by James D. Watson and Maurice H.F. Crick and known as deoxyribonucleic …

Cruzan And The Right To Die: A Perspective On Privacy Interests, Désirée E. Watson

Mercer Law Review

On June 25, 1990, the United States Supreme Court decided that Nancy Beth Cruzan does not have a constitutional right to die. In Cruzan v. Director, Missouri Department of Health, a five-four majority held that a state may require clear and convincing evidence of a now-incompetent person's wishes when a guardian seeks to discontinue life support, including artificial nutrition and hydration, for a person diagnosed as being in a persistent vegetative state.

Leckelt V. Board Of Commissioners Of Hospital District No. 1: Fifth Circuit Affirms Hospital's Right To Require Testing Of Nurse Reasonably Suspected Of Exposure To Hiv, Philip Walden

Mercer Law Review

In Leckelt v. Board of Commissioners of Hospital District No. 1, the United States Court of Appeals for the Fifth Circuit affirmed a hospital's right to demand the results of a nurse's HIV test if a reasonable suspicion exists that the nurse has been exposed to HIV. The court also upheld the hospital's right to fire the nurse for withholding the test results Although the nurse, Kevin Leckelt, attacked the hospital's action on both constitutional and statutory grounds, this Casenote focuses on the court's determination that the Rehabilitation Act of 1973 (the "Act" or the "Rehabilitation Act") permits the …

Wealth, Equity, And The Unitary Medical Malpractice Standard, John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.

Are We Outlawing Motherhood For Hiv-Infected Women?, Scott H. Isaacman

Loyola University Chicago Law Journal

No abstract provided.

Lost Chance Of Survival In Illinois: The Need For Guidance From The Illinois Supreme Court, Shelly E. Smith

Loyola University Chicago Law Journal

No abstract provided.

Washington V. Harper: The Supreme Court Defines Procedural Due Process In The Prison, Cathleen R. Martwick

Loyola University Chicago Law Journal

No abstract provided.

Mandatory Disclosure Of Hiv Blood Test Results To The Individuals Tested: A Matter Of Personal Choice Neglected, Michael L. Closen

Loyola University Chicago Law Journal

No abstract provided.

Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen

UIC Law Review

No abstract provided.

Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert

UIC Law Review

No abstract provided.

Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman

UIC Law Review

No abstract provided.

Presumed Innocent: Illinois' Rejection Of Market Share Liability In Smith V. Eli Lilly & (And) Company Is Cause In Fact To Celebrate, 24 J. Marshall L. Rev. 869 (1991), Steven Bonanno

UIC Law Review

No abstract provided.

A Legislative Initiative: The Ryan White Comprehensive Aids Resources Emergency Act Of 1990, Raymond C. O'Brien

Scholarly Articles

No abstract provided.

Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck

Seattle University Law Review

This Article is necessarily a rather selective (for reasons of brevity and reader tolerance) and even subjective attempt to summarize the experience under PPS to date and to suggest some lessons that might be drawn from that experience for the future reform of PPS itself and of payment systems generally. No attempt will be made here to be comprehensive, to explain all the technical details of an inherently and increasingly complex system, nor even to systematically survey the rapidly growing body of literature. But the few issues and themes that clearly stand out will be the focus of most of …

Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost

Seattle University Law Review

This Article will first examine the problem of health care cost inflation and the payment strategies the Medicare program has adopted to address that problem. It will then discuss the perverse incentives that these payment strategies create, and the role of the PRO program in addressing harmful provider behavior encouraged by those perverse incentives. The Article examines evidence on whether the PRO program is succeeding or failing in this mission, and suggests possible means of improving the effectiveness of the PRO program in policing cost containment. Specifically, it recommends clarifying and strengthening the deterrent role of the PROs, crafting PRO …

Setting New Jersey Hospital Rates: A Regulatory System Under Stress, Bruce Siegel, M.D., M.P.H., Anne Weiss, M.P.P., Diane Lynch, J.D., M.S.

Seattle University Law Review

This Article reviews the history of hospital rate setting in New Jersey, emphasizing the system's evolution in response to newly perceived problems and changing political forces. The system experienced some early success in controlling cost growth and demonstrating new techniques of hospital rate setting. In later years, rate setting in New Jersey has been less successful at confronting a new federal role and the growing problem of health care access. The problems faced by New Jersey hold lessons for both the federal government as it pursues cost containment and the other states who either operate rate regulation systems or contemplate …

How Good A Samaritan? Federal Income Tax Exemption For Charitable Hospitals Reconsidered, James B. Simpson, Sarah D. Strum

Seattle University Law Review

Do contemporary charitable hospitals provide a sufficient community benefit to justify the loss of government revenue caused by their tax exemption? Focusing particularly on federal income tax exemption and on the community benefit derived from the provision of services to persons unable to pay, this Article argues that not all hospitals do. Accordingly, the authors recommend that the Internal Revenue Service issue a Revenue Ruling revising the current standards for federal income tax exemption to encourage charitable hospitals to clearly and explicitly identify and respond to health care needs, including the needs of persons unable to pay, in their local …

American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell

UIC Law Review

No abstract provided.