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Articles 1 - 30 of 36
Full-Text Articles in Medical Jurisprudence
Inconceivable? Deducting The Costs Of Fertility Treatment, Katherine Pratt
Inconceivable? Deducting The Costs Of Fertility Treatment, Katherine Pratt
ExpressO
No abstract provided.
Fetal Surgery And Wrongful Death Actions On Behalf Of The Unborn: An Argument For A Social Standard, Jonathan D. Stanley
Fetal Surgery And Wrongful Death Actions On Behalf Of The Unborn: An Argument For A Social Standard, Jonathan D. Stanley
Vanderbilt Law Review
Imagine a young couple in the not-too-distant-future who are eagerly awaiting the birth of their first child. During the eighteenth week of the pregnancy, the mother has an ultrasound performed to detect possible developmental problems with the child. To their dismay, the ultrasound reveals a malformation in the fetus. The defect will not be fatal, but if left untreated will cause the child severe breathing problems once born. The problem can be fixed with surgery after birth, but such a procedure will result in disfiguring facial scars. After thoroughly considering their options, which range from an abortion to carrying the …
Two Wrongs Don't Make A Right: Medicaid, Section 1983 And The Cost Of An Enforceable Right To Health Care, Mark A. Ison
Two Wrongs Don't Make A Right: Medicaid, Section 1983 And The Cost Of An Enforceable Right To Health Care, Mark A. Ison
Vanderbilt Law Review
More than a trillion dollars annually is spent on the health care system .... Despite increases in medical care spending that are greater than the rate of inflation, population growth, and Gross Domestic Product growth, there has not been a commensurate improvement in our health status as a nation .... Despite our Nation's wealth, the health care system does not provide coverage to all Americans who want it. These words capture both the essence of America's public health care dilemma and the frustration felt by many of the lawmakers charged with the duty to solve it. The battle to lower …
The Growing Importance Of Advance Medical Directives In The Military, Thaddeus A. Hoffmeister
The Growing Importance Of Advance Medical Directives In The Military, Thaddeus A. Hoffmeister
School of Law Faculty Publications
While the litigation in the Terri Schiavo case is an extreme example of what can go wrong in the health care decision-making process, it highlights the importance of advance medical directives (AMD) in helping to ensure patient autonomy during end-of-life medical treatment. Unfortunately, large segments of society, to include the military, are still unclear about the role of AMDs in patient care. Thus, this article provides a broad overview of AMDs and their legal applications with a particular emphasis on expanding their use in the military community. This article begins with a discussion of living wills and durable powers of …
The Cloudy Crystal Ball: Genetics, Child Abuse, And The Perils Of Predicting Behavior, Robert D. Stone
The Cloudy Crystal Ball: Genetics, Child Abuse, And The Perils Of Predicting Behavior, Robert D. Stone
Vanderbilt Law Review
In the cinematic world of Minority Report, mankind stands on the brink of a society without murder. Police can see the future, predicting murders and arresting perpetrators before they act. This utopian system is the ultimate evolution in preventative policing because it offers perfect prediction; it does not show what people intend to do, only what they will do. Society accepts the incarceration of pre-murderers, people who have committed no crimes, because there is no such thing as the "wrongfully accused.' Is the ability to predict behavior only science fiction, or can a combination of genetic and environmental factors actually …
Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear
ExpressO
No abstract provided.
Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii
Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii
Washington and Lee Law Review
No abstract provided.
Pharmacogenomics And Indigenous Peoples: Real Issues And Actors, Russel Lawrence Barsh
Pharmacogenomics And Indigenous Peoples: Real Issues And Actors, Russel Lawrence Barsh
Cardozo Journal of International and Comparative Law
The article critically examines the ethical and scientific implications of genetic diversity research, particularly focusing on the Human Genome Diversity Project (HGDP). It highlights the tension between advancing scientific knowledge and addressing the ethical concerns of sampling vulnerable populations, such as indigenous and isolated communities. While the research aims to study genetic variation for medical and historical insights, it raises significant issues regarding informed consent, group rights, and the potential exploitation of these populations. The article emphasizes the need for balanced approaches that respect both individual and collective rights while ensuring equitable benefits from genetic research.
The Rhetoric Of Biopiracy, Paul J. Heald
The Rhetoric Of Biopiracy, Paul J. Heald
Cardozo Journal of International and Comparative Law
The article critiques the rhetorical strategy of advocates for long-term occupant communities (LTOCs) seeking sui generis intellectual property rights to combat biopiracy. While their goals are admirable, the approach is ineffective due to widespread skepticism towards expanding intellectual property rights. The author argues that market-based solutions and alliances with corporations could better preserve biodiversity and compensate communities.
Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze
Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze
Cardozo Journal of International and Comparative Law
The article critiques the exploitation of the South's biodiversity and genetic resources by the North, driven by self-interest and pharmaceutical needs, while highlighting the inequities perpetuated by international frameworks like TRIPS and the CBD. It argues that current legal systems, rooted in Western intellectual property principles, fail to protect indigenous knowledge and traditional practices adequately. The analysis proposes alternative approaches, such as compensation regimes and collective rights organizations, to address these disparities and ensure fair benefit-sharing.
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Washington and Lee Law Review
No abstract provided.
The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer
The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer
Cornell Law Faculty Publications
No abstract provided.
Just What The Doctor Ordered: The Admissibility Of Differential Diagnosis In Pharmaceutical Product Litigation, Wendy Michelle Ertmer
Just What The Doctor Ordered: The Admissibility Of Differential Diagnosis In Pharmaceutical Product Litigation, Wendy Michelle Ertmer
Vanderbilt Law Review
In the decade since Daubert v. Merrell Dow Pharmaceuticals Inc., federal judges have exercised their role as gatekeepers of expert witness testimony to evaluate many different categories of scientific evidence. They have not done so without controversy, however. Because the element of causation in pharmaceutical product litigation is frequently dispositive, the application of Daubert to scientific evidence of causation has been particularly contentious. Plaintiffs in such cases must prove both general causation-that the product is capable of causing an injury of the type from which the plaintiff suffers-and specific causation-that the product was the actual cause of the plaintiffs injury. …
Physician Liability And Managed Care: A Philosophical Perspective, Dionne L. Koller
Physician Liability And Managed Care: A Philosophical Perspective, Dionne L. Koller
All Faculty Scholarship
Despite the emergence of managed health care and the resulting dramatic change in the role of the third-party payer in the physician-patient relationship, the liability standards applied to physicians largely have remained unchanged. This has created a tension between physicians' legal and ethical obligations, and the requirements imposed on the physician by managed health care. Specifically, the issue confronts the physician in the context of malpractice liability. Managed Care Organizations impose a significant amount of control over the way physicians practice medicine, often forcing physicians to ration care. Notwithstanding any beneficial cost savings that might result, this approach subjects the …
Rule 9(J) - Is Requiring A Plaintiff In A Medical Malpractice Action To Certify His Or Her Claim Before Filing Unconstitutional? - The Issue In Anderson V. Assimos, Levonda Wood
Campbell Law Review
This note will examine the North Carolina Court of Appeals' decision in Anderson v. Assimos. Part II of the note presents the factual background, the issue raised, and the holding in the Anderson decision. Part III analyzes the decision and discusses why the court's holding is correct. This note concludes that the North Carolina Supreme Court should hold that Rule 9(j) unconstitutionally infringes upon rights guaranteed by both the federal and state constitutions if asked to addresses the issue in the future.
Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum
Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum
Cardozo Law Review
No abstract provided.
Researcher Liability For Negligence In Human Subject Research: Informed Consent And Researcher Malpractice Actions, Roger L. Jansson
Researcher Liability For Negligence In Human Subject Research: Informed Consent And Researcher Malpractice Actions, Roger L. Jansson
Washington Law Review
Two sets of federal regulations, the "Common Rule" and Food and Drug Administration (FDA) regulations, govern human subject research that is either federally-funded or involves FDA regulated products. These regulations require, inter alia, that: (1) researchers obtain informed consent from human subjects, and (2) that an Institutional Review Board (IRB) independently review and approve the research protocol. Although the federal regulations do not provide an express cause of action against researchers, research subjects should be able to bring informed consent and malpractice actions against researchers by establishing a duty of care and standard of care. Researchers owe human subjects a …
Discussed In Federico Stella, Criminal Omissions, Causality, Probability, Counterfactuals: Medical-Surgical Activity, Richard W. Wright
Discussed In Federico Stella, Criminal Omissions, Causality, Probability, Counterfactuals: Medical-Surgical Activity, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Medical Professional Liability In West Virginia, Thomas J. Hurney Jr., Rob J. Aliff Jackson Kelly Pllc
Medical Professional Liability In West Virginia, Thomas J. Hurney Jr., Rob J. Aliff Jackson Kelly Pllc
West Virginia Law Review
No abstract provided.
Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas
Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas
Faculty Scholarship
In Blindness, Nobel Prize laureate Jos6 Saramago chronicles the quarantining of the first victims of a plague of blindness.1 We meet many people who become blind in Saramago's novel, including an opthamologist, a one-eyed man with an eye patch, and a man born blind. Saramago reminds us that we are all blind in one way or another, and that there are many things about ourselves and our society that we can't or won't see. The quarantine itself turns out to be isolating, inhumane, and degrading; the interred blind being portrayed by themselves and others as pigs, dogs, and "lame crabs." …
The Next Wave: Federal Regulatory, Intellectual Property, And Tort Liability Considerations For Medical Device Software, 2 J. Marshall Rev. Intell. Prop. L. 259 (2003), Paul A. Mathew
UIC Review of Intellectual Property Law
Counsel for the medical software technologist faces an unusually complex, ongoing, high-stakes challenge. Counsel operates in a special field of commercial, legal and regulatory forces: (1) intellectual property laws which govern the expression and protection of commercial rights derived from advances in medical science and technology; (2) existing and proposed contracts/warranty laws that govern technological commercial relationships; (3) negligence, professional liability, and product liability laws that govern the marketing of medical technologies; and, (4) a new body of regulation derived from the power of the federal government to indirectly provide for the safety, effectiveness, privacy, and security of medical technologies …
Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey
Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey
William Mitchell Law Review
The extension of whistleblower protection to medical residents is by no means a panacea to current abusive working conditions. Roles exist for the federal government, the states, and institutional organizations such as the ACGME. Whistleblower protection provides one subtle yet effective regulatory tool that could undoubtedly result in enforcement of labor standards and ultimately better working conditions for medical residents.
Midwifery: Strategies On The Road To Universal Legalization, Laura Hermer
Midwifery: Strategies On The Road To Universal Legalization, Laura Hermer
Faculty Scholarship
Multiple studies have shown that direct-entry midwifery is just as safe, if not safer than, medical care in low-risk childbirth. Most births using direct-entry midwives require fewer interventions than those attended by physicians, yet yield excellent results. The results of these studies indicate that we should return to midwifery for normal births, rather than continuing to rely primarily on medicine. This option, however, has been significantly curtailed by many state legislatures and courts, despite decades of attempts to make incursions on the traditional paradigm of hospital births attended by obstetricians. As a result, where midwifery is more readily available, it …
Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes
Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes
Articles, Book Chapters, & Popular Press
The most recent speech from the throne contained a pledge from the federal government to "work with provinces to implement a national system for the governance of research involving humans, including national research ethics and standards." This commitment signals a desire on the part of the federal government to address concerns about the inadequacies of the current governance of health research involving humans (RIH). To this end, Health Canada's Ethics Division is currently exploring the ways in which such a national governance system for RIH might be implemented. It is important for the federal government, as it moves toward making …
Identity Crisis: The Obsolescence Of Jasopersaud V. Rho And The Medical Malpractice Expert Exception, Mark D. Shifton
Identity Crisis: The Obsolescence Of Jasopersaud V. Rho And The Medical Malpractice Expert Exception, Mark D. Shifton
Fordham Urban Law Journal
This Comment discusses the provision of the New York Civil Practice Law and Rules ("CPLR") governing the disclosure of medical malpractice expert witnesses, and how medical malpractice litigants strive to protect the identities of their experts. The Comment discusses the initial judicial decisions dealing with the amended CPLR 3101, and how courts initially struggled to apply the medical malpractice expert exception. Special attention is paid to Jasopersaud v. Rho, which attempted to create a workable standard to further the competing goals of CPLR 3101(d)(1)(i) and Thomas v. Alleyne. The Comment further discusses whether the policy goals behind the medical malpractice …
Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry Palmer
Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry Palmer
Cornell Law Faculty Publications
No abstract provided.
Asbestos Litigation Growing With Mounting Negative Consequences, Valerie Sarigumba
Asbestos Litigation Growing With Mounting Negative Consequences, Valerie Sarigumba
Public Interest Law Reporter
No abstract provided.
Ban On Partial-Birth Abortion Clears Another Hurdle, Eileen D. Collins
Ban On Partial-Birth Abortion Clears Another Hurdle, Eileen D. Collins
Public Interest Law Reporter
No abstract provided.
Former Health Commissioner Indicted Under California Law Criminalizing Hiv Transmission, Michelle Lammers
Former Health Commissioner Indicted Under California Law Criminalizing Hiv Transmission, Michelle Lammers
Public Interest Law Reporter
No abstract provided.
Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan
Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan
Washington and Lee Law Review
No abstract provided.