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Articles 1231 - 1260 of 2912

Full-Text Articles in Medical Jurisprudence

Medicines That Kill, Lina Ahmed Abushouk Mar 2012

Medicines That Kill, Lina Ahmed Abushouk

Annual Undergraduate Conference on Health and Society

The prevalence of counterfeit drugs on the African continent has been increasing at an alarming rate. “Medicines that Kill” is a research paper that attempts to analyze the factors that make African countries particularly susceptible to this global threat. Nigeria, a country that has had some of the highest rates of counterfeit drugs in the world, is the main case study for this paper. Its efforts to combat the issue are compared and contrasted with those of Tanzania and Kenya in an attempt to understand what aspects of the issue are unique to Africa and the methods that have been …

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Going After The 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct Or The Negligent Practice Of Medicine?, Jennifer A. Turner Mar 2012

Going After The 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct Or The Negligent Practice Of Medicine?, Jennifer A. Turner

Pepperdine Law Review

No abstract provided.

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Forgive And Forget: Recognition Of Error And Use Of Apology As Preemptive Steps To Adr Or Litigation In Medical Malpractice Cases , Ashley A. Davenport Mar 2012

Forgive And Forget: Recognition Of Error And Use Of Apology As Preemptive Steps To Adr Or Litigation In Medical Malpractice Cases , Ashley A. Davenport

Pepperdine Dispute Resolution Law Journal

Medical malpractice cases are a special breed within the field of tort jurisprudence as mistakes in the medical field are regrettably inevitable. Medical universities use some of the greatest hospitals in this country as interactive classrooms to teach future physicians. A vast number of people are treated in hospitals throughout the United States every day, and of those treated, a number are neglected under the confines of the law. The American public expects infallible care from our health care system and any deviation from perfection may result in legal action. Those wronged seek litigation primarily as a means to punish …

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In The Aftermath Of The Terri Schiavo Case: Resolving End-Of-Life Disputes Through Alternative Dispute Resolution, Alisa L. Geller Mar 2012

In The Aftermath Of The Terri Schiavo Case: Resolving End-Of-Life Disputes Through Alternative Dispute Resolution, Alisa L. Geller

Pepperdine Dispute Resolution Law Journal

Imagine yourself the proud parent of an adult daughter. You have spent many years nurturing your precious child so that she may excel in the world. Just as all of your dreams for her are coming true, the news no parent wants to hear was delivered. Your daughter lost control of her car, the vehicle overturned and she was found lying face down in a ditch. You gasped. You expected the worst. A tragic end to a life yet lived. Then, the good news was delivered. You breathed a sigh of relief. You learned she survived. She was in a …

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Mediation In The Health Care System: Creative Problem Solving , Sheea Sybblis Mar 2012

Mediation In The Health Care System: Creative Problem Solving , Sheea Sybblis

Pepperdine Dispute Resolution Law Journal

Part I of this paper provides a comparison of the use of litigation and mediation in the health care context. Part II explores how mediation can be used to improve many of the often criticized aspects of adjudication systems and alleviate tension between parties in health care disputes. Part III provides an evaluation of current mediation programs and studies in health care, as well as the expanding role of mediators. Part IV incorporates assessments of the potential success of mediation to resolve health care disputes in the future and provides suggestions to strengthen the process.

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Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue Mar 2012

Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue

University of Richmond Law Review

No abstract provided.

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Gifts Of The Heart… And Other Tissues: Legalizing The Sale Of Human Organs And Tissues, J. Randall Boyer Mar 2012

Gifts Of The Heart… And Other Tissues: Legalizing The Sale Of Human Organs And Tissues, J. Randall Boyer

BYU Law Review

No abstract provided.

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Age Of An Information Revolution: The Direct-To-Consumer Genetic Testing Industry And The Need For A Holistic Regulatory Approach, Michelle D. Irick Feb 2012

Age Of An Information Revolution: The Direct-To-Consumer Genetic Testing Industry And The Need For A Holistic Regulatory Approach, Michelle D. Irick

San Diego Law Review

In order to safeguard consumers and ensure the continued progress of a fledgling industry, determining how to interpret results and communicate them with consumers poses one of the most challenging and important tasks. In discussing the challenges the law faces in this area, this Comment will discuss: (1) consumer interfacing issues, such as in advertising and results analysis, faced by the genetic testing industry; (2) the methods DTC companies use in arriving at results and corresponding problems; (3) who may interpret and communicate results; (4) how the DTC genetic testing industry's activities relate to the claims made regarding test results; …

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Doctors, Patients, And Pills - A System Popping Under Too Much Physician Discretion? A Law-Policy Prescription To Make Drug Approval More Meaningful In The Delivery Of Health Care, Michael J. Malinowski Feb 2012

Doctors, Patients, And Pills - A System Popping Under Too Much Physician Discretion? A Law-Policy Prescription To Make Drug Approval More Meaningful In The Delivery Of Health Care, Michael J. Malinowski

Cardozo Law Review

This Article challenges the scope of physician discretion to engage in off-label use of prescription drugs. The discretion to prescribe dimensions beyond the clinical research that puts new drugs on pharmacy shelves has been shaped by two historic influences: a legacy of physician paternalism, solidarity, autonomy, and self-determination that predates the contemporary commercialization of medicine by more than half a century; and regulatory necessity due to the limits of science and the innate crudeness of pharmaceuticals prior to the genomics revolution (drug development and delivery based on genetic expression). Although both factors have changed immensely, the standard for drug approval …

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The En Banc Federal Circuit's Written Description Requirement: Time For The Supreme Court To Reverse Again?, Allen K. Yu Feb 2012

The En Banc Federal Circuit's Written Description Requirement: Time For The Supreme Court To Reverse Again?, Allen K. Yu

Cardozo Law Review

The Federal Circuit in Ariad v. Eli Lilly finally settled en banc the long-running dispute over whether the first paragraph of 35 U.S.C. § 112 contains a written description requirement separate from an enablement requirement. According to the Federal Circuit, such a requirement exists and exists to "convey[] to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date." The problem with the Federal Circuit's written description- "possession" doctrine is twofold. First, it characterizes the quid pro quo role of disclosure beyond its traditional role of placing knowledge in the …

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It’S My Body: The Biomedical Ethics Of Cell And Organ Harvest, Christina Perri Jan 2012

It’S My Body: The Biomedical Ethics Of Cell And Organ Harvest, Christina Perri

Common Reading Essay Contest Winners

First Place

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Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker Jan 2012

Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker

Michigan Journal of Gender & Law

If we slightly change the facts of the story about the discouraging doctor, it becomes a story that happens every day. Abortion patients face attempts to discourage them from terminating their pregnancies like those the imaginary doctor used, as well as others-and state laws mandate these attempts. While the law of every state requires health care professionals to secure the informed consent of the patient before any medical intervention, over half of the states place additional requirements on legally effective informed consent for abortion. These laws sometimes include features that have ethical problems, such as giving patients deceptive information. Unique …

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Compounding Reform: Reconsidering The Draft Safe Drug Compounding Act Of 2007 In Light Of The Ongoing Fungal Meningitis Outbreak, Colleen Nicholson Jan 2012

Compounding Reform: Reconsidering The Draft Safe Drug Compounding Act Of 2007 In Light Of The Ongoing Fungal Meningitis Outbreak, Colleen Nicholson

University of Michigan Journal of Law Reform Caveat

Compounding is the act of combining, mixing or altering ingredients to create a drug tailored to the needs of an individual patient, such as a child who needs a less potent dose, an elderly patient who has trouble swallowing, or an individual with a severe allergy to a drug component. Compounding pharmacies, which engage in large-scale drug compounding, have come under the microscope recently because of the ongoing deadly outbreak of fungal meningitis that began in 2012. Fungal meningitis “occurs when the protective membranes covering the brain and spinal cord are infected with a fungus.” The recent outbreak was caused …

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The Neurophysiology Of Adr And Process Design: A New Approach To Conflict Prevention And Resolution?, Jeremy Lack, François Bogacz Jan 2012

The Neurophysiology Of Adr And Process Design: A New Approach To Conflict Prevention And Resolution?, Jeremy Lack, François Bogacz

Cardozo Journal of Conflict Resolution

Neurobiology seems to be popping up everywhere. It is being taught in leadership conferences, sales and marketing seminars, management meetings, business schools, and increasingly in law schools and bar associations. The cover of the American Bar Association's Summer 2011 Dispute Resolution Magazine was dedicated to the topic of "Neuroscience and Negotiation." In it, Professor Richard Birke observes that "Neuroscience is everywhere." Is it a new fad or a fundamental awakening, providing new insights for the legal profession?

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Three And Out: The Nfl's Concussion Liability And How Players Can Tackle The Problem, Jeremy P. Gove Jan 2012

Three And Out: The Nfl's Concussion Liability And How Players Can Tackle The Problem, Jeremy P. Gove

Vanderbilt Journal of Entertainment & Technology Law

In 1952, the New England Journal of Medicine published a study stating that a player should not continue playing professional football after suffering three concussions. As players continue to get bigger, faster, and stronger, the number of concussions has increased. In response to this problem, the National Football League (NFL) commissioned a study run by scientists and NFL team doctors to determine the long-term effects of concussions. That committee determined that no long-term repercussions exist after experiencing a concussion while playing NFL football. Despite the scientific community's critiques of the study, the NFL used the committee's findings to create the …

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Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins Jan 2012

Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins

UIC Law Review

No abstract provided.

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Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012), Kristen Zaharski Jan 2012

Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012), Kristen Zaharski

UIC Law Review

No abstract provided.

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Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer Jan 2012

Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer

UIC Law Review

No abstract provided.

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Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012), Laura Hoffman Jan 2012

Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012), Laura Hoffman

UIC Law Review

No abstract provided.

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Proving Medical Child Abuse: The Time Is Now For Ohio To Focus On The Victim And Not The Abuser, Tiffany S. Allison Jan 2012

Proving Medical Child Abuse: The Time Is Now For Ohio To Focus On The Victim And Not The Abuser, Tiffany S. Allison

Journal of Law and Health

Part I of this Note will discuss the history of Munchausen's Syndrome by Proxy and how the medical community is trying to make the general public aware of medical child abuse. Part II provides a history of Munchausen's Syndrome by Proxy and medical child abuse. It also highlights the differences in how litigation was previously handled under the nomenclature of Munchausen's Syndrome by Proxy and how litigation should be handled in the future under the nomenclature of medical child abuse. Part III identifies Ohio's current statutes and federal legislation that have an effect on child abuse. Part III also identifies …

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Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan Jan 2012

Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan

Faculty Scholarship

No abstract provided.

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Defensive Medicine And Obstetric Practices, Michael D. Frakes Jan 2012

Defensive Medicine And Obstetric Practices, Michael D. Frakes

Faculty Scholarship

Using data on physician behavior from the 1979–2005 National Hospital Discharge Surveys (NHDS), I estimate the relationship between malpractice pressure, as identified by the adoption of non-economic damage caps and related tort reforms, and certain decisions faced by obstetricians during the delivery of a child. The NHDS data, supplemented with restricted geographic identifiers, provides inpatient discharge records from a broad enough span of states and covering a long enough period of time to allow for a defensive medicine analysis that draws on an extensive set of variations in relevant tort laws. Contrary to the conventional wisdom, I find no evidence …

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The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou Jan 2012

The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou

UIC Law Review

No abstract provided.

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Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan Jan 2012

Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan

UIC Law Review

No abstract provided.

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Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya Jan 2012

Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya

Utah OnLaw: The Utah Law Review Online Supplement

While boasting a culture that is rich in family and community values, Utah ought to be leading the way in developing and implementing a comprehensive and efficient system of care that protects children and families by placing tools within the home and the community to strengthen these core units of Utah society. Further, with the Utah State Hospital at the end of its physical lifespan, and a crippled economy requiring more budget pinching than ever, the timing is particularly conducive to taking these crucial steps forward. With these litigation tools, an advocacy group or family might be able to successfully …

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Access To Medicaid: Recognizing Rights To Ensure Access To Care And Services, Colleen Nicholson Jan 2012

Access To Medicaid: Recognizing Rights To Ensure Access To Care And Services, Colleen Nicholson

University of Michigan Journal of Law Reform Caveat

The Supreme Court has defined Medicaid as “a cooperative federal-state program through which the Federal Government provides financial assistance to States so that they may furnish medical care to needy individuals.” In June 2012, the Court found the Patient Protection and Affordable Care Act’s (PPACA) Medicaid expansion unconstitutional. The Court took issue with the threat to withhold all of a state’s Medicaid funding if they did not comply with the expansion, finding it coercive and a fundamental shift in the Medicaid paradigm. However, Medicaid in its current form may not always be effective at providing beneficiaries with timely access to …

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All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino Jan 2012

All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino

Faculty Articles

This article is the second, and most important, installment in a three-part series that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness. The basic impetus for this historical, medical, and legal project is a belief that there exists no rational or consistent method of distinguishing physical and mental illness in the context of health insurance law. The first installment in this series narrowly inquired as to whether a particular set of disorders, the postpartum mood disorders, are or should be classified as physical or mental illnesses in a range of health law contexts. This second …

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Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino Jan 2012

Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino

Faculty Articles

In this Article, I provide additional support for my recent proposal (All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Harvard Journal on Legislation, Vol. 49, forthcoming 2012.) to extend federal mental health parity law and mandatory mental health and substance use disorder benefits to all public healthcare program beneficiaries and private health plan members. I begin by examining health-related doctrine outside the context of mental health insurance law, including disability discrimination law, civil rights and human rights law, health information confidentiality law, healthcare reform law, and child and adult health and welfare law, and …

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Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton Jan 2012

Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton

Faculty Scholarship

This Article explores the guardian’s role in making, or assisting the ward to make, health care decisions, and provides an overview of existing standards and tools that offer guidance in this area. Part II outlines briefly the legal decisions and statutory developments assuring patient autonomy in medical treatment, and shows how these legal texts apply to and structure the guardian’s role as health care decision-maker. Part III examines the range of legal and practical approaches to such matters as decision-making standards, determining the ward’s likely treatment preferences, and resolving conflicts between guardians and health care agents appointed by the ward. …

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A Graceful Exit: Redefining Terminal To Expand The Availability Of Physician-Facilitated Suicide, Browne C. Lewis Jan 2012

A Graceful Exit: Redefining Terminal To Expand The Availability Of Physician-Facilitated Suicide, Browne C. Lewis

Law Faculty Articles and Essays

For almost ten years, Oregon stood alone as the state that permits terminally ill persons to choose the time and manner of their deaths. Finally, in 2009, Oregon received company when the state of Washington’s physician facilitated suicide statute officially went into effect in March of that year. Supporters of the statutes hailed the enactments as a victory for persons seeking to die with dignity. Persons from groups like Compassion & Choices vowed to seek similar legislation in the remaining states. Representatives from the Washington State Medical Association, hospice groups and hospitals argued that the mandates of the statutes place …

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