Medical Jurisprudence Commons^™

Government As God: An Update On Federal Intervention In The Treatment Of Critically Ill Newborns, Dionne L. Koller

All Faculty Scholarship

Whether a severely impaired or critically ill infant should receive lifesaving, and sometimes extraordinary, medical treatment, or be allowed to die, is hotly debated. The issue initially garnered public attention in 1982, when an infant who was born with Down's Syndrome, “Baby Doe,” was allowed to die from a correctable birth defect. Following this, the federal government took a lead role in determining the fate of critically ill newborns. In the meantime, doctors, philosophers, and others have debated whether federal interference in this area is appropriate.

This essay will bring the reader up to date on the “Baby Doe” issue …

Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas, Michael A. Grodin

Faculty Scholarship

1996 marks the fiftieth anniversary of the commencement of the trial of Nazi physicians at Nuremberg, a trial that has been variously designated as the "Doctors' Trial" and the "Medical Case." In addition to documenting atrocities committed by physicians and scientists during WWII, the most significant contribution of the trial has come to be known as the "Nuremberg Code," a judicial codification of 10 prerequisites for the moral and legal use of human beings in experiments. Anniversaries provide us with an opportunity to reflect upon the past, but they also ena ble us to renew our efforts to plan for …

Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash

Washington and Lee Law Review

No abstract provided.

Dimarco V. Lynch Homes-Chester County, Inc.: How Far Should West Virginia Go In Extension Of Physician Liability For Transmission Of Communicable Disease, Rebecca Coffield Moore

West Virginia Law Review

No abstract provided.

Hospital Liability For Defamation Of Character During The Peer Review Process: Sticks And Stones May Break My Bones, But Words May Cost Me My Job

West Virginia Law Review

No abstract provided.

The Standard Of Admissibility Of A Physician's Expert Testimony In A Chiropractor Malpractice Action, Susan M. Hobson

Indiana Law Journal

No abstract provided.

An Interdisciplinary Seminar On Legal Issues In Medicine, Dale L. Moore

Journal of Legal Education

No abstract provided.

The Health Care Quality Improvement Act Of 1986 And Its Impact On Hospital Law, Mark A. Colantonio

West Virginia Law Review

No abstract provided.

Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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.

Disciplining Physicians In Pennsylvania: Licensing Problems Arising From Medicare Fraud Convictions, Joy Flowers Conti

Duquesne Law Review

No abstract provided.

The Law Of Medical Malpractice In West Virginia, Michael J. Farrell

West Virginia Law Review

The preparation and trial of a medical malpractice case is a trial lawyer's delight. The trial arena presents a unique opportunity for the lawyer, physician, patient, and jury to explore the intricacies of a surgical procedure, the maze of a diagnostic puzzle, and the mystery of malpractice causation. The physician is subjected to intense scrutiny by professional malpractice witnesses; he is compelled to justify every note in his record and every omission in his thought process. The lawyer undertakes the herculean task of learning anatomy, physiology, and the specific medical discipline of the defendant. It is in this context that …

Medical Malpractice--Constitutionality Of Limits On Liability, Taunja Willis Miller

West Virginia Law Review

No abstract provided.

Living Wills--Need For Legal Recognition, James C. Turner

West Virginia Law Review

No abstract provided.

Rx For Malpractice, Albert Averbach

Cleveland State Law Review

Every tragedy that becomes the subject of extensive coverage by the news media shortly turns into a focal point of malpractice litigation. This, of course, is inevitable and will ever be thus. Doctors for many years have been "spoon fed" stories and warnings about malpractice suits and hazards. Nothing, however, has been constructively advocated as to how this tide can be stemmed or what can be done in the face of it. Some years ago, Mark Twain wrote, "Everybody talks about the weather, but nobody does anything about it." It is our objective in this article to not only alert …

The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.

Cleveland State Law Review

There have been considerable charges and counter-charges the United States Food and Drug Administration's role in protecting the consumer, at least as far as the medical profession is concerned. The FDA has absolutely no intention nor desire to assume the role of the physician or to interfere with the bona fide practice of medicine. Why the complaints by some the FDA's actions on drugs, including drug labelling, drug recall and the withdrawal of certain drugs from the market, constitute attempts to interfere with the practice of medicine? It is possible that one of the reasons, and perhaps the principal one, …

The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth

Cleveland State Law Review

To many a physican, law suits, courts, and occasionally law- yers themselves are anathema. Schooled in the sciences, his life is dedicated to the practice of medicine. He is a man of conviction and of purpose. He is articulate and even at times loqua- cious. These qualities would lead one to believe that the physician would be well equipped, quite willing, and capable of appearing as an expert witness in a court of law. Quite to the contrary, the physician most generally is unwilling to be a legal witness. In fact, the entire subject of law suits often is repugnant …

Relationships Of The Medical Examiner, Cyril H. Wecht

Cleveland State Law Review

Having set forth these relatively simple definitions, I should like to make a rather bold statement that perhaps will find disagreement among some attorneys and physicians. With all due respect to the many skilled and competent men who are active in various aspects of legal medicine and medical jurisprudence, I would suggest that no one field is so intrinsically and unqualifiedly bound up in the practice of legal medicine as is the work of the medical examiner. Again reverting to definitions, the medical examiner is one who deals on a full-time professional basis with cases that in almost all instances …

Hospital Privileges, Bernard D. Herring

Cleveland State Law Review

Almost daily, judicial decisions are handed down, affecting the practice of medicine. As a consequence the rights and responsibilities of physicians are in a state of flux. We must remain vigilant and view these changes critically but objectively, realizing that there will be a constant need for evaluation of these changing legal concepts, especially as they relate to staff privileges, for such privileges are in no small way associated with such highly volatile subjects as procedural fairness, restraint of trade, religious freedom, and racial discrimination.

Pennsylvania's Good Samaritan Statute - An Answer To The Medical Profession's Dilemma, Joseph F. Busacca

Villanova Law Review (1956 - )

No abstract provided.

Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

Torts--Malpractice--Wrongful Death Action Based On Breach Of Contract, Ralph Charles Dusic Jr.

West Virginia Law Review

No abstract provided.

Torts--Statutes Of Limitations--Malpractice Actions Involving Objects Left In Surgical Patients, Aaron David Trub

West Virginia Law Review

No abstract provided.

Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.

Cleveland State Law Review

In the September 1959 issue of the Cleveland-Marshall Law Reivew, Mr. Howard Oleck, Assistant Dean and Professor of Law of the School, has written an article discussing the legal relationships of physician, lawyer, and hospital administrator. While he addresses himself primarily to the legal relationships between these three groups, his article also concerns itself to some extent with the professional and administrative relationships involved. The article then goes on to discuss the case of Morwin v. Albany Hospital, and certain conclusions are drawn from the author's interpretation of this case which he applies to the "triangle" of doctor, lawyer, and …

Malpractice And The Statute Of Limitations

Indiana Law Journal

No abstract provided.

Medical Witnesses In Workmen's Compensation, Ivan C. Rutledge

Indiana Law Journal

No abstract provided.

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

Are Physicians Exempt From Testifying?, William S. John

West Virginia Law Review

No abstract provided.

Physicians And Surgeons, Harry B. Hutchins

Book Chapters

Professor Hutchins's entry regarding the subject of the title. Includes voluminous cross-references and precedents. Begins with a five-page outline.