Medical Jurisprudence Commons^™

Bridging The Relational-Regulatory Gap: A Pragmatic Information Policy For Patient Safety And Medical Malpractice, William M. Sage, Joshua Graff Zivin, Nathaniel B. Chase

Faculty Scholarship

The Article distinguishes and explores three categories of information use: Helping patients understand and participate in their care; Improving patient safety, including analyzing medical errors and identifying unsafe health care providers and practices; and Assessing the performance of the medical liability system in its many dimensions including deterrence, compensation, justice, administrative efficiency, and stability.

For each category, the Article comments on existing laws or programs for information reporting or disclosure, points out major tensions or ambiguities, and suggests pragmatic improvements.

Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz

Cardozo Public Law, Policy & Ethics Journal

The article examines the intersection of social science and legal policy in eyewitness identification, focusing on the role of prosecutors and the American Bar Association (ABA) Eyewitness Resolution. It argues that while social science provides critical insights to improve identification accuracy, the translation of these insights into legal policy involves normative judgments that balance competing values, such as protecting the innocent and ensuring public safety. The author critiques the limitations of internal deliberative processes within law enforcement and prosecutorial offices, advocating for more transparent and inclusive deliberative structures to address systemic errors and promote justice.

An Extreme Response Or A Necessary Reform - Revealing How Caps On Noneconomic Damages Actually Affect Medical Malpractice Victims And Malpractice Insurance Rates, Kelly Kotur

West Virginia Law Review

No abstract provided.

Fluconomics--Preserving Our Hospital Infrastructure During And After A Pandemic, Vickie Williams

ExpressO

Influenza pandemics occur regularly. The deadly Spanish flu pandemic of 1918 infected more than 25% of the United States population, and killed 2.5% of those infected. Virtually all experts agree that it is not a question of if another influenza pandemic as deadly as the Spanish flu will occur, but a question of when. The Centers for Disease Control and Prevention estimates that the direct and indirect medical costs in the United States associated with a “medium-level” influenza pandemic would range from $71 billion to $167 billion.

Although public health officials are rapidly implementing pandemic preparedness plans on both the …

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson

ExpressO

This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …

Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold

Cardozo Public Law, Policy & Ethics Journal

Stuart Scheingold responds to Thane Rosenbaum's The Myth of Moral Justice, agreeing with the aspiration to infuse law with moral imagination but critiquing Rosenbaum's oversight of existing moral energy within the legal profession, particularly through cause lawyering. Scheingold argues that Rosenbaum's approach is overly simplistic, failing to account for institutional obstacles and the contested nature of moral discourse, which can lead to conflict rather than harmony. He emphasizes that while moral advocacy, as seen in cause lawyering, can drive positive change, it also faces significant challenges and backlash.

Empire State Injustice: Based Upon A Decade Of New Information, A Preliminary Evaluation Of How New York's Death Penalty System Fails To Meet Standards For Accuracy And Fairness, Sara Darehshori, Jeffrey L. Kirchmeier, Colleen Quinn Brady, Evan Mandery

Cardozo Public Law, Policy & Ethics Journal

The article argues that New York's death penalty system requires significant reforms to address systemic flaws, particularly the risk of wrongful convictions and arbitrary sentencing. It emphasizes the need for the legislature to reexamine and revise the capital punishment framework in light of post-1995 research and recommendations from other states, such as Illinois and Massachusetts. The analysis highlights the importance of narrowing eligibility factors, improving procedural safeguards, and ensuring judicial discretion to prevent unjust outcomes.

Prescription Contraceptives And The Pharmacist's Right To Refuse: Examining The Efficacy Of Conscience Laws, Dennis Rambaud

Cardozo Public Law, Policy & Ethics Journal

The note examines the ethical and legal implications of pharmacists refusing to fill prescriptions for contraceptives based on moral or religious objections. It argues that existing legal protections under Title VII of the Civil Rights Act and professional standards already provide adequate safeguards for pharmacists, rendering additional conscience laws unnecessary. The analysis emphasizes the need to balance pharmacists' rights with patients' access to essential medications, highlighting concerns that conscience laws may hinder patient care without ensuring referrals to alternative providers.

“It’S The [Tort System], Stupid:” Consumer Deductibles; How To More Equitably Distribute The Risks Of Medical Malpractice And Adequately Compensate Victims Without Statutory Damage Caps., Bradford Luke Ledbetter

ExpressO

No abstract provided.

“A Modest Proposal”: Universal Cesarean Section To Reduce Professional Liability Costs, James A. Greenberg, Katherine E. Economy, Andrew W. Beckwith, Jeffrey L. Ecker

ExpressO

ABSTRACT OBJECTIVE: To model the effect of universal cesarean delivery on professional liability costs.

STUDY DESIGN: We examined all obstetric professional liability claims covered by a single insurer between January 1, 1990 and December 31, 2000. We reviewed each case to determine if an alternate route of delivery might reasonably have prevented the lawsuit. Costs were calculated by adding the cost of processing the claim, the legal defense, the settlement payments and/or the actuarially derived adjustments. Using a 20% cesarean rate as our baseline, we modeled the effect on liability costs of cesarean delivery in all patients.

RESULTS: There were …

Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit

Faculty Scholarship

No abstract provided.

Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.

On Hastening Death Without Violating Legal And Moral Prohibitions, Norman L. Cantor

Loyola University Chicago Law Journal

No abstract provided.

From Quinlan To Cruzan To Schiavo: What Have We Learned?, William H. Colby

Loyola University Chicago Law Journal

No abstract provided.

The Right To Die: The Broken Road From Quinlan To Schiavo, Annette E. Clark

Loyola University Chicago Law Journal

No abstract provided.

Transsexuals And The Family Medical Leave Act, 24 J. Marshall J. Computer & Info. L. 315 (2006), Charles Thomas Little

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the implications for transsexuals seeking sexual reassignment surgery (“SRS”) under the Family Medical Leave Act (“FMLA”). Currently, the scant case law pertaining to the FMLA suggests that the statutes and regulations will likely fail to provide even minimal protection to transsexuals. If applied literally, the FMLA may present barriers to transsexuals seeking SRS in opposition to the true purpose behind the Act, which is to allow employees the opportunity to take reasonable leave from work by mandating more medical leave than the employers might otherwise be willing to grant for things such as the adoption or birth …

Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield

UIC Law Review

No abstract provided.

"For It's One, Two, Three Strikes, You're Out . . .", 39 J. Marshall L. Rev. 493 (2006), Kaycee Hopwood

UIC Law Review

No abstract provided.

“Judicial Hellholes:” Medical Malpractice Claims, Verdicts, And The “Doctor Exodus” In Illinois, Neil Vidmar, Kara Mackillop

Faculty Scholarship

No abstract provided.

Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life Decision-Making Advocates Are Not Out To Get Them, Kathy L. Cerminara

Loyola University Chicago Law Journal

No abstract provided.

The Shattered Vessel: The Dying Person In Jewish Law And Ethics, Philip J. Bentley

Loyola University Chicago Law Journal

No abstract provided.

A Veil Of Genetic Ignorance? Protecting Genetic Privacy To Ensure Equality, Radhika Rao

Faculty Scholarship

No abstract provided.

Self-Determination In International Mediation: Some Preliminary Reflections, Jacqueline Nolan-Haley

Cardozo Journal of Conflict Resolution

Few concepts have generated as much discussion in the postwar international legal system as that of "self-determination." Scholars debate the proper identity of the "selves" endowed with this right, its boundaries and its normative relevance. When the focus turns to mediation, the discussion becomes murky because the concept of self-determination has both procedural and substantive components and is noticeably different in the private and public sectors.

Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006), Marc Ginsberg, Patricia C. Nowak

UIC Law Open Access Faculty Scholarship

No abstract provided.

Coercion, Commercialization, And Commodification: The Ethics Of Compensation For Egg Donors In Stem Cell Research, Radhika Rao

Faculty Scholarship

No abstract provided.

The Scapegoat: Emtala And Emergency Department Overcrowding, Laura Hermer

Faculty Scholarship

Part I of this article briefly discusses the Emergency Medical Treatment and Active Labor Act's salient provisions. Part II examines the history of emergency care and changes in healthcare organization and finance affecting the provision of charity care-topics which are significant in unraveling the alleged effects EMTALA has had on the healthcare system. Part III examines policy issues raised by EMTALA within our present system of health insurance and healthcare organization and finance.

This article reaches two conclusions. First, EMTALA, while a poor and archaic fit with our present system of healthcare delivery and finance, in fact has helped to …

Terri Schiavo: Unsettling The Settled, Lois Shepherd

Loyola University Chicago Law Journal

No abstract provided.

Book Review: "Hardwired Behavior: What Neuroscience Reveals About Morality", Stacey A. Tovino

Scholarly Works

The field of neuroethics has been described as an amalgamation of two branches of inquiry: the ethics of neuroscience and the neuroscience of ethics. The ethics of neuroscience, which has received considerable attention over the past three to four years, is concerned with the ethical principles that should guide brain research and the treatment of neurological disease, as well as the effects that advances in neuroscience have on our social, moral, and philosophical views. The neuroscience of ethics, which has received considerably less attention, may be described as a scientific approach to understanding ethical behavior. Psychiatrist and lawyer Laurence Tancredi …

The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino

Scholarly Works

Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade’s most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including severe brain injury, major depression, schizophrenia, dyslexia, cocaine addiction, compulsive gambling, pedophilia, racial evaluation, deception, cooperation, altruism, and even sexual preference. Poised to move outside the research context, fMRI and its ability to detect correlations between brain activations and sensitive and …

My Father, John Locke, And Assisted Suicide: The Real Constitutional Right, John B. Mitchell

Faculty Articles

This article discusses the right to assisted suicide, a right not derived from anything explicit or implied in any textual provision of the Constitution. It is a right derived from the two underlying political philosophies, which form the basis of the entire U.S. Constitutional enterprise: John Locke's Social Contract and Civic Republicanism. In Part I, this article discusses Glucksberg's fundamental rights analysis. So much has been written about this case that this article will limit comments to briefly adding thoughts as to why, given the combination of the Court's motivation, both institutional and pragmatic, in approaching this case, and its …