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Articles 61 - 78 of 78
Full-Text Articles in Medical Jurisprudence
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
How We Die: A New Prescription, Martin Bienstock
How We Die: A New Prescription, Martin Bienstock
Journal of Law and Health
The dawn of the twenty-first century brought with it a profound change in the way we experience death. Until the last decades of the twentieth century, our bodies died all at once: when the heart kidneys, lungs, or brain failed, the body's other organs failed with them. Modern medicine now allows us to die in pieces, with failing organs supported or supplanted by technology. Modern death is different not only biologically, but also sociologically. Until the twentieth century, death was a private event that took place in the home with the family. It offered one final opportunity for family members …
Supreme Court Affirms Oregon Physician Assisted Suicide Statute, Adam Braun
Supreme Court Affirms Oregon Physician Assisted Suicide Statute, Adam Braun
Public Interest Law Reporter
No abstract provided.
Bioshield 2: A Shot In The Right Direction?, Lindsay Frank
Bioshield 2: A Shot In The Right Direction?, Lindsay Frank
Public Interest Law Reporter
No abstract provided.
Irs Advises No Medical Expense Deduction For Sexual Reassignment Surgery, Katie D. Fletcher
Irs Advises No Medical Expense Deduction For Sexual Reassignment Surgery, Katie D. Fletcher
Public Interest Law Reporter
No abstract provided.
While Federal Lawmakers Try, States Fill Elder Justice Gaps, Daniel Koen
While Federal Lawmakers Try, States Fill Elder Justice Gaps, Daniel Koen
Public Interest Law Reporter
No abstract provided.
All Kids: As Illinois Becomes The First In The Nation To Offer Universal Healthcare For Children, Some Express Concern That The State Has Made Promises It Can't Keep, Brendan Moore
Public Interest Law Reporter
No abstract provided.
Race, Money And Medicines, Maxwell Gregg Bloche
Race, Money And Medicines, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
Taking notice of race is both risky and inevitable, in medicine no less than in other endeavors. The literature on race as a classifying tool in clinical research poses this core dilemma: On the one hand, race can be a useful stand-in for unstudied genetic and environmental factors that yield differences in disease expression and therapeutic response. On the other hand, racial distinctions have social mean ings that are often pejorative or worse, especially when these distinctions are cast as culturally or biologically fixed. Our country's troubled past in this regard and the persistence of race-related disadvantage should keep us …
Mandatory Mediation: The Extra Dose Needed To Cure The Medical Malpractice Crisis, Florence Yee
Mandatory Mediation: The Extra Dose Needed To Cure The Medical Malpractice Crisis, Florence Yee
Cardozo Journal of Conflict Resolution
This Note discusses the advantages and drawbacks of mandating participation in mediation in medical malpractice disputes. Part II of this Note reviews the extent of the current medical malpractice crisis. Part III examines litigation as the traditional means of resolving medical malpractice disputes and suggests that litigation's weaknesses eclipse any of its strengths. Part IV evaluates the lingering challenges to arbitration, accounting for its ineffectiveness in resolving medical malpractice disputes. Part V analyzes why mediation may be the better alternative to both litigation and arbitration in resolving such disputes, and how its hurdles can be best surmounted by mandatory mediation. …
A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah A. Yearby
A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah A. Yearby
All Faculty Scholarship
No one ever looks forward to entering a nursing home because it means leaving the things most dear to them: family, home, and independence. Nevertheless, without the current nursing home system, many elderly and disabled persons, who require comprehensive treatment, would not have access to necessary care. In 2000, nursing homes provided care to 1.6 million elderly and disabled persons, and *724 by 2050, nursing homes are projected to provide care to 6.6 million elderly and disabled persons. Thus, we can ill afford to cripple the nursing home industry. But, this is exactly what has occurred. The Constitution, the Administrative …
Emergency Contraception, Abortion And Evidence-Based Law, Rebecca Cook, Bernard Dickens, Joanna Erdman
Emergency Contraception, Abortion And Evidence-Based Law, Rebecca Cook, Bernard Dickens, Joanna Erdman
Articles, Book Chapters, & Popular Press
Courts and legal tribunals increasingly decline to serve as religious or moral guardians, and require social evidence to support litigants' claims. Recent cases on emergency contraception and abortion are examined to show how judicial interpretations can take account of evidence of the impact that different understandings of the law will have for how ordinary people can plan their lives and reproductive choices. In an emergency contraception case, an interpretation was rejected that would have criminalized choices that millions of decent, law-abiding physicians, pharmacists and women routinely make. In an abortion case, three judges unanimously rejected a government ministry's defence of …
The Right To Die: The Broken Road From Quinlan To Schiavo, Annette E. Clark
The Right To Die: The Broken Road From Quinlan To Schiavo, Annette E. Clark
Faculty Articles
This article discusses the controversial right-to-die law, and the prominent cases surrounding it. It critically outlines various case outcomes with respect to the law, and discusses seminal development the law has seen.
Reconsidering The Medical Expert Witness System, Yunwei Jiang
Reconsidering The Medical Expert Witness System, Yunwei Jiang
LLM Theses and Essays
The expert witness is indispensable in a medical malpractice case. However, there are three main defects in the currently existing expert witness system. One is incompetence of expert witnesses. Another is professional negligence of expert witnesses. The other is dishonesty of expert witnesses. To make the expert witness system more efficient, this article examines currently existing rules and offers some proposals regarding the three issues. For the first one, the suggestion of this article is to rely on the standards of expert qualification and admitting expert testimony. For the second one, this article distinguishes expert witnesses from lay witnesses, and …
Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni
Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni
Articles
This article examines the implications of the foregoing competing claims from a U.S. legal perspective, focusing particularly on how the legal system addresses patient safety concerns and autonomous decision-making of surgeons in the context of surgical innovation. The lack of oversight and the risks borne by patients during surgeons' development and subsequent refinement of a novel procedure must be balanced with the need to encourage medical progress through the development of improved techniques designed to benefit the health of current and future patients. This article argues that current reliance on the medical malpractice system and the federal regulatory system of …
Justice Blackmun, Abortion, And The Myth Of Medical Independence, Nan D. Hunter
Justice Blackmun, Abortion, And The Myth Of Medical Independence, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
In this article I test this conventional wisdom by explicitly placing medicine at the center of the analysis of Justice Blackmun's opinions on abortion, and then interrogating the connection between law and medicine. Using the Blackmun papers opened to the public in 2004 and augmented by other documents and sources, I examine four critical periods in Blackmun's life: his years at Mayo; his participation in a series of medicine-related cases prior to Roe; the period of intra-Court dynamics in Roe; and the post-Roe period in which a split developed between Blackmun and Roe's critics over the use of medical rhetoric. …
Objections In Conscience To Medical Procedures: Does Religion Make A Difference Lecture?, Kent Greenawalt
Objections In Conscience To Medical Procedures: Does Religion Make A Difference Lecture?, Kent Greenawalt
Faculty Scholarship
How should the government res pond if people refuse standard medical treatment? What should the government do if people refuse medical treatment for their children, and what autonomy should teenagers be given in making such choices? Is religion a proper basis for refusing such medical treatment? Furthermore, should medical practitioners have a privilege not to render services that they object to in conscience? This article analyzes such questions and proposes that the most sensible answers depend on context. Legislatures should sometimes create no exemptions, should sometimes create exemptions based on nonreligious criteria, and should sometimes use criteria framed in terms …
Disclosure And Fair Resolution Of Adverse Events, Carol B. Liebman, Chris Stern Hyman
Disclosure And Fair Resolution Of Adverse Events, Carol B. Liebman, Chris Stern Hyman
Faculty Scholarship
The health care system in the United States is in turmoil. Patients are being harmed by too many, often fatal, mistakes. At the same time, physicians and hospitals are trying to cope with a costly medical malpractice crisis. These two crises create a vicious cycle. When something goes wrong in patient care, physicians and hospitals withhold apologies and offer as little information as possible for fear that anything they say may be used against them should patients or family members sue. Family members, in many cases, sue not only to receive compensation for injuries, but also in search of answers …
Redefining Physicians' Duties: An Argument For Eliminating The Physician-Patient Relationship Requirement In Actions For Medical Malpractice, Patrick D. Blake
Redefining Physicians' Duties: An Argument For Eliminating The Physician-Patient Relationship Requirement In Actions For Medical Malpractice, Patrick D. Blake
Georgia Law Review
Nearly every state requires a patient to prove the existence of a formal physician-patient relationship in order to proceed with a claim for medical malpractice. In the absence of such a relationship, a physician's actions are measured by an ordinary negligence standard instead of the professional standard of care. Because courts have traditionally held that independent medical examinations, such as pre-employment health screenings, do not give rise to formal physician-patient relationships, individuals undergoing these examinations have been prevented from bringing malpractice claims against physicians who fail to disclose important health information detected during the examination. Recently, a small number of …