Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (28)
- Civil Rights and Discrimination (8)
- Constitutional Law (6)
- Disability Law (6)
- Privacy Law (6)
-
- State and Local Government Law (5)
- Medicine and Health Sciences (4)
- Computer Law (3)
- Courts (3)
- Evidence (3)
- Insurance Law (3)
- Internet Law (3)
- Juvenile Law (3)
- Science and Technology Law (3)
- Social Welfare Law (3)
- Torts (3)
- Bioethics and Medical Ethics (2)
- Consumer Protection Law (2)
- Criminal Law (2)
- Jurisprudence (2)
- Law and Gender (2)
- Law and Psychology (2)
- Law and Society (2)
- Legal Ethics and Professional Responsibility (2)
- Legal History (2)
- Sexuality and the Law (2)
- Civil Law (1)
- Comparative and Foreign Law (1)
- Institution
-
- UIC School of Law (22)
- Cleveland State University (7)
- University of Michigan Law School (3)
- West Virginia University (3)
- Touro University Jacob D. Fuchsberg Law Center (2)
-
- Vanderbilt University Law School (2)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Maurer School of Law: Indiana University (1)
- North Carolina Central University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Kentucky (1)
- University of Missouri-Kansas City School of Law (1)
- Wayne State University (1)
- Keyword
-
- Medical malpractice (3)
- 1994) (2)
- Constitutions (2)
- Equal protection (2)
- Euthanasia (2)
-
- Expert evidence (2)
- Federal (2)
- HIV (2)
- Health care (2)
- Informed consent (2)
- Negligence (2)
- New York (2)
- Physician-assisted suicide (2)
- Right to die (2)
- (decided December 28 (1)
- (decided October 20 (1)
- AIDS (1)
- Abortion (1)
- Acquired immunodeficiency syndrome (1)
- Active labor act (1)
- Allocation (1)
- Appellate Division (1)
- Assisted suicide (1)
- Attorneys' compensation (1)
- Autonomy (1)
- Award (1)
- Bioethics (1)
- Biological alteration (1)
- Bodily integrity (1)
- Categorically needy (1)
- Publication
-
- UIC Law Review (18)
- Cleveland State Law Review (4)
- UIC John Marshall Journal of Information Technology & Privacy Law (3)
- West Virginia Law Review (3)
- Journal of Law and Health (2)
-
- Touro Law Review (2)
- Articles (1)
- BYU Law Review (1)
- Book Chapters (1)
- Faculty Scholarship (1)
- Faculty Works (1)
- Indiana Law Journal (1)
- Kentucky Law Journal (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Research Publications (1)
- Michigan Law Review (1)
- North Carolina Central Law Review (1)
- Scholarly Articles (1)
- UIC Law Open Access Faculty Scholarship (1)
- Vanderbilt Law Review (1)
- Vanderbilt Law School Faculty Publications (1)
- Publication Type
Articles 1 - 30 of 47
Full-Text Articles in Medical Jurisprudence
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Michigan Law Review
In this essay I reconsider abortion in order to bridge what initially seem to be two opposing frameworks: first, the conception of abortion as an issue of women's bodily integrity and liberty, and second, the acknowledgement of the existence and meaning of intrauterine life. The abortion choice is indeed deeply and necessarily tied to women's bodily integrity. I will discuss how taking away women's ability to control their decision not to become mothers can be severely damaging to their very sense of self, for this denial of decisionmaking divides women from their wombs and uses their wombs for a purpose …
Aids Phobia, Public Health Warnings, And Lawsuits: Deterring Harm Or Rewarding Ignorance?, Wendy K. Mariner
Aids Phobia, Public Health Warnings, And Lawsuits: Deterring Harm Or Rewarding Ignorance?, Wendy K. Mariner
Faculty Scholarship
Courts in more than a dozen states have decided cases in which a person has claimed money damages for his or her fear of getting acquired immunodeficiency syndrome (AIDS). Although most courts have rejected such claims in the absence of actual exposure to the human immunodeficiency virus (HIV), their reasoning has varied slightly from state to state. This article argues that negligence law should not permit people who are HIV negative to recover damages for an unfounded fear of AIDS. Public health statements intended to educate the public about preventing HIV transmission may have encouraged some fear-of-AIDS lawsuits against health …
The Duty To Control In Negligent Release Cases: King V. Durham County Mental Health Developmental Disabilities And Substance Abuse Authority, Timothy J. Turner
The Duty To Control In Negligent Release Cases: King V. Durham County Mental Health Developmental Disabilities And Substance Abuse Authority, Timothy J. Turner
North Carolina Central Law Review
No abstract provided.
The Critical Condition Of The Emergency Medical Treatment And Active Labor Act: A Proposed Amendment To The Act After "In The Matter Of Baby K", Scott B. Smith
The Critical Condition Of The Emergency Medical Treatment And Active Labor Act: A Proposed Amendment To The Act After "In The Matter Of Baby K", Scott B. Smith
Vanderbilt Law Review
Congress enacted the Emergency Medical Treatment and Active Labor Act ('EMTALA" or "the Act") in 1986 to prevent hospi- tals from "dumping" patients due to an improper economic motive. Patient dumping occurs when a hospital emergency room either refuses to admit an indigent and uninsured patient with an emergency condition or improperly transfers this patient to another hospital. Congress enacted EMTALA in response to the widespread practice of hospitals dumping indigent and uninsured patients. Yet despite the Act's explicit legislative intent to prevent patient dumping, the language of EMTALA extends protection to "any individual" who enters a hospital's emergency room. …
The Fourth Circuit's Baby K Decision: Plain Language Does Not Make Good Law, David Zell Myerberg M.D.
The Fourth Circuit's Baby K Decision: Plain Language Does Not Make Good Law, David Zell Myerberg M.D.
West Virginia Law Review
No abstract provided.
Solving The Kidney Shortage Crisis Through The Use Of Non-Heart-Beating Cadaveric Donors: Legal Endorsement Of Perfusion As A Standard Procedure, Marla K. Clark
Solving The Kidney Shortage Crisis Through The Use Of Non-Heart-Beating Cadaveric Donors: Legal Endorsement Of Perfusion As A Standard Procedure, Marla K. Clark
Indiana Law Journal
No abstract provided.
Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan
Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan
West Virginia Law Review
No abstract provided.
Medical Malpractice Insurance In The Wake Of Liability Reform, W. Kip Viscusi, Patricia Born
Medical Malpractice Insurance In The Wake Of Liability Reform, W. Kip Viscusi, Patricia Born
Vanderbilt Law School Faculty Publications
This article examines the effect of the liability reforms on medical malpractice insurance over the 1984-91 period. This is the first study to use data by firm and by state for every firm writing medical malpractice insurance over that time period. The liability reforms increased insurance profitability (that is, decreased the loss ratios), where the main mechanism of influence was through decreasing losses. The quantile regression estimates imply that the greatest effects of liability reform are on the most unprofitable firms and that the effect is not uniform across the entire market. This pattern is consistent with the other principal …
The Advocate's Conflicting Obligations Vis-A.-Vis Adverse Medical Evidence In Social Security Proceedings, Robert E. Rains
The Advocate's Conflicting Obligations Vis-A.-Vis Adverse Medical Evidence In Social Security Proceedings, Robert E. Rains
BYU Law Review
No abstract provided.
Are Absolute Bans On Assisted Suicide Constitutional--I Say No, Robert A. Sedler
Are Absolute Bans On Assisted Suicide Constitutional--I Say No, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
A.D.A.M. -- The Computer Generated Cadaver: A New Development In Medical Malpractice And Personal Injury Litigation, 13 J. Marshall J. Computer & Info. L. 313 (1995), André M. Thapedi
UIC John Marshall Journal of Information Technology & Privacy Law
A.D.A.M. is a CD-ROM based, interactive, anatomical program that permits the user to view and observe the anatomical aspect of the human body used in medical schools throughout the United States. A.D.A.M. and its female counterpart E.V.E., use high-resolution graphics and color animation to show views of the human body from every conceivable angle simulating various traumas to the body. Utilizing a mouse, the A.D.A.M. user can "point and click" to reveal the various parts of the human body. Potentially, attorneys can use A.D.A.M. to demonstrate injuries and surgeries to the trier of fact in a trial proceeding. The trial …
Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor
Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor
UIC John Marshall Journal of Information Technology & Privacy Law
The author analyzes the patentability of medical processes and the effect patentability has on the right to privacy essential in a physician-patient relationship. Part II of the comment provides a the legal background on the issue of the patentability of medical processes. Part III examines the impact of enforcing medical process patents and the effect disclosure of medical records has upon the privacy of the physician-patient relationship when owners of patents try to expose patent infringement. Part IV advocates that Congress should amend the Patent Act to preserve patient privacy rights when infringement is investigated. According to the author, such …
Restatement (Second) Of Torts Section 324a: An Innovative Theory Of Recovery For Patients Injured Through Use Or Misuse Of Health Care Information Services, 14 J. Marshall J. Computer & Info. L. 73 (1995), Lisa L. Dahm
UIC John Marshall Journal of Information Technology & Privacy Law
The author in this comment discusses how developments in information technology and widespread utilization of technology and software in the patient care context raise the issue of clinical liability for health care information systems vendors. The comment discusses a theory of recovery of tort damages for the negligence of health care information systems vendors under section 324A of the Restatement (Second) of Torts. Section 324A provides in essence that "one who undertakes ... for consideration, to render services to another which he should recognize as necessary for the protection of a third person ... is subject to liability to the …
Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight
Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight
UIC Law Review
No abstract provided.
Criminalization As A Policy Response To A Public Health Crisis, 27 J. Marshall L. Rev. 435 (1994), J. Kelly Strader
Criminalization As A Policy Response To A Public Health Crisis, 27 J. Marshall L. Rev. 435 (1994), J. Kelly Strader
UIC Law Review
No abstract provided.
Hiv-Aids In The 1990s Aids Law Symposium: Legal, Ethical, And Policy Issues: Introduction, 27 J. Marshall L. Rev. 239 (1994), Michael L. Closen
Hiv-Aids In The 1990s Aids Law Symposium: Legal, Ethical, And Policy Issues: Introduction, 27 J. Marshall L. Rev. 239 (1994), Michael L. Closen
UIC Law Review
No abstract provided.
Public Health, Aids Exceptionalism And The Law, 27 J. Marshall L. Rev. 251 (1994), Scott Burris
Public Health, Aids Exceptionalism And The Law, 27 J. Marshall L. Rev. 251 (1994), Scott Burris
UIC Law Review
No abstract provided.
Aids: Law, Public Policy, And The Continuing Work Of The American Bar Association, 27 J. Marshall L. Rev. 273 (1994), Barry Sullivan
Aids: Law, Public Policy, And The Continuing Work Of The American Bar Association, 27 J. Marshall L. Rev. 273 (1994), Barry Sullivan
UIC Law Review
No abstract provided.
Obligations Of Hiv-Infected Health Professionals To Inform Patients Of Their Serological Status: Evolving Theories Of Liability, 27 J. Marshall L. Rev. 317 (1994), Theodore R. Leblang
Obligations Of Hiv-Infected Health Professionals To Inform Patients Of Their Serological Status: Evolving Theories Of Liability, 27 J. Marshall L. Rev. 317 (1994), Theodore R. Leblang
UIC Law Review
No abstract provided.
Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub
Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub
UIC Law Review
No abstract provided.
If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr.
If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr.
UIC Law Review
No abstract provided.
Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez
Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez
UIC Law Review
No abstract provided.
Does America Have The Will To Stop Aids, 27 J. Marshall L. Rev. 457 (1994), Ben Merrill
Does America Have The Will To Stop Aids, 27 J. Marshall L. Rev. 457 (1994), Ben Merrill
UIC Law Review
No abstract provided.
Hiv/Aids Health Care Industry Liability: An Annotated Bibliography, 27 J. Marshall L. Rev. 513 (1994), John R. Austin
Hiv/Aids Health Care Industry Liability: An Annotated Bibliography, 27 J. Marshall L. Rev. 513 (1994), John R. Austin
UIC Law Review
No abstract provided.
Physicians Lose The Tug Of War To Pull The Plug: The Debate About Continued Futile Medical Care, 28 J. Marshall L. Rev. 733 (1995), Robert J. Dzielak
Physicians Lose The Tug Of War To Pull The Plug: The Debate About Continued Futile Medical Care, 28 J. Marshall L. Rev. 733 (1995), Robert J. Dzielak
UIC Law Review
No abstract provided.
True Protection For Persons With Severe Mental Disabilities, Such As Schizophrenia, Involved As Subjects In Research - A Look And Consideration Of The Protection Of Human Subjects , Anne J. Ryan
Journal of Law and Health
This article begins with an in-depth discussion of the UCLA incident followed by the history of protecting human research subjects and a review of the current law intended to protect research participants. Next, it explains the nature of schizophrenia and discusses the topic of schizophrenia and the informed consent process, explaining why persons with schizophrenia warrant more protection than is currently given, especially in the areas of monitoring and informed consent. This article also examines proposed ideas, from various sources, for better protection of the mentally disabled as research subjects. This article concludes with this writer's proposal as to how …
Simplifying The Law In Medical Malpractice: The Use Of Practice Guidelines As The Standard Of Care In Medical Malpractice Litigation, Sam A. Mcconkey Iv
Simplifying The Law In Medical Malpractice: The Use Of Practice Guidelines As The Standard Of Care In Medical Malpractice Litigation, Sam A. Mcconkey Iv
West Virginia Law Review
No abstract provided.
Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii
Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii
Scholarly Articles
Administering futile medical treatment is tantamount to inflicting cruel and unusual punishment on a patient and an abridgement of his rights of self-determination. It is incumbent upon physicians to recognize that they should accept the imposition of an affirmative legal, professional, moral and ethical duty not to prescribe a modality of treatment that falls clearly within the scope of being considered futile, freakish, or tortious under the provisions of Eighth Amendment to the Constitution. When medical treatment is classified as "futile," it frees the physician from any duty to provide treatment. While most reasonable persons agree with this proposition, much …