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Articles 151 - 180 of 198
Full-Text Articles in Medical Jurisprudence
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl
A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl
University of Michigan Journal of Law Reform
This Note sets forth a model statute that limits high damage awards, yet will withstand the rigors of judicial scrutiny. After presenting a brief background of the medical malpractice crisis in Part I, Part II outlines the standards of equal protection review that the courts are presently using. The Note then focuses on the constitutional challenges to caps on medical malpractice liability in Part III. Part IV discusses the values and interests that were found to be dispositive in the courts' decisions. Finally, after analyzing the criteria that must be met to ensure that a legislative limitation will survive judicial …
Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack
Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack
University of Michigan Journal of Law Reform
Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general, the tort system's primary responsibility should be compensation, rather than deterrence of risk taking. In so far as the production of goods and services causes injury, such losses should be shared and spread as widely and proportionately as possible. Part II discusses the history and nature of the medical malpractice insurance crisis. Part III evaluates the numerous systemic solutions suggested by various commentators. Finally, Part IV proposes a new solution: first party, no-fault medical maloccurrence insurance (MMI).
An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson
An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson
University of Michigan Journal of Law Reform
The purpose of this study is to describe the general perceptions of doctors and lawyers regarding medical and legal malpractice. The study does not purport to draw conclusions about the statistical significance of the presented numbers and percentages. In addition, the results presented should be interpreted in light of the methodology and response rate obtained in the survey.
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Medical Malpractice: A Time For More Talk And Less Rhetoric, Robert M. Ackerman
Medical Malpractice: A Time For More Talk And Less Rhetoric, Robert M. Ackerman
Law Faculty Research Publications
No abstract provided.
To Die Or Not To Die: The New York Legislature Ponders A Natural Death Act, Edward M. Joyce
To Die Or Not To Die: The New York Legislature Ponders A Natural Death Act, Edward M. Joyce
Fordham Urban Law Journal
In December, 1984, New York's Governor Mario Cuomo appointed a twenty-three member commission to recommend ways for the New York State Legislature to respond to a vast range of issues concerning medicine and morality. One of the major issues the commission will examine is the medical and legal implications arising from doctors' withholding or withdrawing life-sustaining medical treatment from terminally ill patients. This Note first examines how states other than New York have settled the question of withholding or withdrawing life-support treatment from dying patients by judicial decision or by statute. The Note then discusses recent New York decisions addressing …
Tort Liability Of Institutional Review Boards, Linda Bordas
Tort Liability Of Institutional Review Boards, Linda Bordas
West Virginia Law Review
No abstract provided.
Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel
Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel
Fordham Urban Law Journal
Damage awards in medical malpractice cases have risen steadily in New York state courts over the past ten years. This increase has resulted in higher medical insurance premiums, which insured physicians pass along in higher prices to health care consumers. There are several theories as to why increased damages has occurred, but few legislative actions have deterred the process. Ultimately, this Note proposes reform in the tort/litigation/insurance system.
The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood
The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood
Law Faculty Scholarly Articles
This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides …
Medical Malpractice Litigation: Alternatives For Pennsylvania, Cathy J. Jones
Medical Malpractice Litigation: Alternatives For Pennsylvania, Cathy J. Jones
Duquesne Law Review
The medical malpractice crisis of the last decade produced legislative responses in several states, including Pennsylvania. Pennsylvania's malpractice act was declared unconstitutional by the Pennsylvania Supreme Court, however, and the state's malpractice arbitration system now shows little potential for dispute resolution. The author examines the Pennsylvania statute-and the reasons for its demise-as well as the performance of several alternative methods currently functioning in other states. She concludes that the most promising option for Pennsylvania is a system of voluntary binding arbitration.
Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel
Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel
Florida State University Law Review
By Sylvia Law and Steven Polan. New York: Harper & Row, Publishers. 1978. Pp xiv, 305. $12.95.
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
Faculty Publications
During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …
Father And Mother Know Best: Defining The Liability Of Physicians For Inadequate Genetic Counseling, Ellen Wright Clayton
Father And Mother Know Best: Defining The Liability Of Physicians For Inadequate Genetic Counseling, Ellen Wright Clayton
Vanderbilt Law School Faculty Publications
Although genetic disorders have been recognized for centuries, recent advances in the study of human genetics often permit accurate determination of the risk that parents will have genetically defective children.' When this information is available either before conception or during pregnancy, prospective parents may choose to prevent the birth of such defective children through contraception or abortion. Recently, courts have been called on to define the circumstances in which either the parents or the children should receive tort damages when parents are denied opportunities to prevent the birth of defective children because of their physicians' negligent failure to detect or …
Florida Departs From Tradition: The Legislative Response To The Medical Malpractice Crisis, John F. French
Florida Departs From Tradition: The Legislative Response To The Medical Malpractice Crisis, John F. French
Florida State University Law Review
No abstract provided.
Psro - An Alternative To The Medical Malpractice System As A Quality Assurance Mechanism, John R. Ball
Psro - An Alternative To The Medical Malpractice System As A Quality Assurance Mechanism, John R. Ball
Maryland Law Review
No abstract provided.
Arbitration Of Medical Malpractice Claims: Is It Cost Effective?, Duane H. Heintz
Arbitration Of Medical Malpractice Claims: Is It Cost Effective?, Duane H. Heintz
Maryland Law Review
No abstract provided.
In Search Of A Standard Of Care For The Medical Profession: The "Accepted Practice" Formula, Joseph H. King, Jr.
In Search Of A Standard Of Care For The Medical Profession: The "Accepted Practice" Formula, Joseph H. King, Jr.
Vanderbilt Law Review
American lawmakers and jurists are or soon will be confronted with a number of vital decisions affecting the professional liability of members of the healing arts. At issue is the continuing validity of the present system of fault based liability for medical malpractice, as well as the essential nature such a system should assume if it survives. Though often divorced, the two issues are inextricably wedded. The survival of the fault based system will assuredly depend in large measure on whether it can be made to work more efficiently and more consistently while meeting its espoused goal of loss redistribution …
The Florida Medical Malpractice Act Of 1975, Theresa Hooks
The Florida Medical Malpractice Act Of 1975, Theresa Hooks
Florida State University Law Review
No abstract provided.
Physicians And Surgeons—Malpractice—Court Disregard For The Standard Of The Profession—The Legislative Response—Helling V. Carey, 83 Wn. 2d 514, 519 P.2d 981 (1974); Wash. Rev. Code § 4.24.290 (Supp. 1975), Alan J. Peizer
Washington Law Review
This note will examine the relationship between the standard of care and the role of expert medical testimony in medical malpractice actions, discuss various interpretations of the Helling decision, and suggest the most practical of those interpretations, particularly in light of the subsequent enactment of R.C.W. § 4.24.290.5 The purpose of this statute was to nullify the Helling decision and re-establish the pre-Helling standards of negligence in medical malpractice cases. As will be demonstrated, although the statute in large part succeeds in allaying the fears of medical practitioners and defense attorneys which were induced by Helling v. Carey, the case …
The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham
The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham
Washington Law Review
Since 1957 the courts in most states have moved rapidly toward imposing vicarious liability on a hospital for the torts of employee-physicians. In 1965 the Illinois Supreme Court held that a hospital could be liable for the malpractice of a nonemployee-physician. This comment attempts to describe these trends, to delineate the new rules the courts are applying and to determine the rationale for adopting these new rules. The comment assumes the patient has established that the physician committed malpractice; the only issue addressed is whether the patient can recover from the hospital for his or her injuries. The scope is …
Euthanasia And The Right To Die—Moral, Ethical And Legal Perspectives, Bruce Vodiga
Euthanasia And The Right To Die—Moral, Ethical And Legal Perspectives, Bruce Vodiga
Chicago-Kent Law Review
No abstract provided.
Physicians And Surgeons—Malpractice—Informed Consent Of Patient: Duty To Inform Patient To Be Established By Expert Medical Testimony—Zebarth V. Swedish Hospital Medical Center, 81 Wn. 2d 12, 499 P.2d 1 (1972), L. D. K.
Washington Law Review
Plaintiff was suffering from a highly malignant form of cancer resulting in serious obstruction of the trachea. He was admitted to the defendant hospital where it was determined that radiation therapy was necessary to reduce the obstruction before it completely blocked the plaintiff's breathing. After completion of the radiation therapy, plaintiff began to suffer from a progressive paralysis which plaintiff claimed was caused by damage to his spinal cord, attributable to the manner in which the radiation was administered. Plaintiff sued in the Superior Court for King County, alleging that since he was neither warned of the risk of damage …
Failure To Inform As Medical Malpractice, Stephen L. Edwards
Failure To Inform As Medical Malpractice, Stephen L. Edwards
Vanderbilt Law Review
It has long been recognized in American law that a proper patient-physician relationship is founded upon the technical competency of the physician. Before the advent of cases dealing with informed consent, a patient who had given his consent to proposed treatment could recover for injuries only when the physician had acted incompetently in the administration of the treatment. Within the past fifteen years, however, the courts have recognized that the maintenance of a proper patient-physician relationship depends not only upon the technical competency of the physician, but also upon the presence of effective communication between the two parties. Therefore, recent …
Varying Standards Of Care In Medicine, Charles J. Frankel
Varying Standards Of Care In Medicine, Charles J. Frankel
Cleveland State Law Review
There are many roads to Mecca. Some are more direct and less dangerous, others are fraught with hazards which must be overcome to enable the seasoned traveler to reach his destination. The unwary person may be fortunate and successful; yet he may easily lose his way. So it is in medicine and surgery. In the field of orthopedic surgery I have noted many different approaches to a particular problem. In many instances it is generally agreed that one method is as good as another, depending on individual familiarity with the technique. In other instances there is wide disagreement.
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
Cleveland State Law Review
What factors have influenced the courts in the development of their current attitude toward hospitals? Are the emerging concepts reasonable, or are they indicia of a pendulum swinging too far in the direction of the patient? What are the consequences for the nurse? These are the questions to which the ensuing treatment of one aspect of tort liability is addressed.
Physician's Liability For Torts Of Hospital Employees, Irene E. Svete
Physician's Liability For Torts Of Hospital Employees, Irene E. Svete
Cleveland State Law Review
Why should a treating physician be held liable for any lack of treatment on the part of the hospital employees? On what basis can such a conclusion be reached? An agency relationship was considered as existing between the parties, making the physician liable for the actions of the hospital employees. He was the "Captain of the Ship," the one in control of the patient's treatment and care. Only he was answerable for resulting injury and death from lack of said treatment. The "Captain" will be held liable for others' negligence where the acts performed by them are under conditions where …
Torts-Res Ipsa Loquitur In Medical Malpractice, Martin J. Glasser
Torts-Res Ipsa Loquitur In Medical Malpractice, Martin J. Glasser
West Virginia Law Review
No abstract provided.
Medical Witness' Treatment By Courts, Monroe E. Trout
Medical Witness' Treatment By Courts, Monroe E. Trout
Cleveland State Law Review
An attempt has been made to review what the courts have recently said about medical witnesses and their testimony. Many questions can be asked about particular decisions, and indeed, an entire article could be written about individual cited cases. The only purpose of this paper is to review the recent decisions in order to give you a panoramic view of the type of questions which the courts are being asked to answer about the medical witness and his testimony.