Medical Jurisprudence Commons^™

Fetal Tissue Transplantation: Regulating The Medical Hope For The Future, Jacquelyn F. Sedlak

Journal of Law and Health

While fetal tissue implants have the potential to offer relief to several million Americans, these two scenarios are examples of the many legal and ethical issues surrounding the technology. Currently, the use of fetal tissue is loosely regulated by an assortment of laws, many of which were enacted before the therapeutic use of fetal tissue was even conceived as a possibility. At the time many of the regulations governing fetal tissue use were developed, the primary goal of the regualtions was to prevent the exploitation and sale of aborted fetuses following the Supreme Court's decision in Roe v. Wade. Had …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton

University of Richmond Law Review

In its 1989 session, the General Assembly amended several medical malpractice statutes. Perhaps the most important changes expanded the definition of "health care provider" under the Medical Malpractice Act (the "Act"), and clarified the qualification requirements for expert witnesses.

Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin

Articles & Chapters

No abstract provided.

Bioethics And Law: The Second Stage – Balancing Intelligent Consent And Individual Autonomy, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

The principle that government rests on the consent of the governed eventually spread beyond the political arena to alter such private behavior as the relationship between physician and patient. This Article examines the successive transformations of the principle of consent as it has developed in the field of law and bioethics from bare consent to informed consent, and then, more strikingly, to beyond informed consent. This most recent form of the principle may prove to be every bit as revolutionary as the idea of popular sovereignty in 17th century England.

Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile

Faculty Scholarship

In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.

Aids: Perspective On The American Family, Raymond C. O'Brien

Scholarly Articles

This paper will focus on the probable impact of AIDS upon family law and family issues in America. Although it is still too early to tell precisely what effect AIDS will have in these areas, it is essential for lawyers and other professionals to begin a dialogue now in order to face the many challenges which lie ahead as the disease continues to spread and impact family relationships.

Among the many subjects discussed below is the likely trend that fear of infection and death will restrict the societal demand and acceptance of new definitions of family. In order to provide …

In Re Grant: Where Does Washington Stand On Artificial Nutrition And Hydration?, Stephen P. Vanderhoef

Seattle University Law Review

The Washington Supreme Court in In re Grantsought to determine whether life sustaining treatment could be legally withheld from a terminally ill, non-comatose, incompetent individual. In its December 1987 slip opinion, a majority of the court expanded on its previous decisions empowering third parties, including guardians, families, and physicians, to withhold and withdraw life sustaining treatment from incompetent individuals. This was accomplished by characterizing artificial nutrition and hydration as removable, life sustaining medical treatment. The court also gave third parties the power to remove artificial nutrition and hydration before the incompetent individual in question slips into a coma or …

Medical Malpractice: A New Treatment For An Old Illness, Thomas R. Tedcastle, Marvin A. Dewar

Florida State University Law Review

The rising cost of medical malpractice insurance has been one of the most difficult issues faced by the Florida Legislature for many years. In an effort to reach a comprehensive solution to this recurring problems, the 1986 Legislature created the Academic Task Force for the Review of the Insurance and Tort Systems, and directed it to conduct a thorough review of Florida's tort system. In 1988, the Legislature implemented several of the recommendations of the Task Force. In this Article, the authors explore the factual findings and the recommendations of the Task Force and analyze the effects that the 1988 …

Medical Surveillance Damages: A Solution To The Inadequate Compensation Of Toxic Tort Victims, Alan T. Slagel

Indiana Law Journal

No abstract provided.

Antitrust Law, Immunity, And Medical Peer Review Boards, Valerie S. Biebuyck

Buffalo Law Review

No abstract provided.

Doctors, Insurers, And The Antitrust Laws, Frank T. Herdman

Buffalo Law Review

No abstract provided.

Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood

West Virginia Law Review

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.

Who Decides--The Next Abortion Issue: A Discussion Of Fathers' Rights, Maria F. Walters

West Virginia Law Review

No abstract provided.

Legal Implications Of Epilepsy, H. Richard Beresford

Cornell Law Faculty Publications

Physicians who care for patients with epilepsy may function as agents or targets of social control. As agents, they may assist in the identification and control of epileptic drivers, may provide information that enables fair and appropriate job placements for epileptic persons, and give testimony that helps the legal system resolve issues relating to the liability of epileptic persons for harm attributed to seizures or interictal behavioral disturbances. As targets, they may be charged with negligent failure to diagnose, treat, or inform about epilepsy or its associated problems, with failure to exercise due care in protecting persons harmed by their …

Nursing Malpractice--The Nurse's Duty To Follow Orders, Barbara R. Benninger

West Virginia Law Review

No abstract provided.

Torts—Limitations On Actions—Arkansas Adopts Continuous Treatment Rule To Toll Statute Of Limitations In Medical Malpractice Actions. Lane V. Lane, 295 Ark. 671, 752 S.W.2d 25 (1988)., John D. Nichols

University of Arkansas at Little Rock Law Review

No abstract provided.

Unrelated Trade Or Business Income And Hospitals: Reconciling Operating Losses And Charity Care, D. Louis Glaser

Loyola University Chicago Law Journal

No abstract provided.

The Expansion Of Hospital Liability In Illinois: The Use And Abuse Of Apparent Agency, William C. Anderson Iii, Marilee Clausing

Loyola University Chicago Law Journal

No abstract provided.

Bernier V. Burris: The Constitutional Implications Of Abolishing Punitive Damages In Medical Malpractice Actions, Ruta K. Stropus

Loyola University Chicago Law Journal

No abstract provided.

Informed Decision-Making And The Law Of Torts: The Myth Of Justiciable Causation, Neil B. Cohen, Aaron D. Twerski

Faculty Scholarship

No abstract provided.

Bench Memorandum, 21 J. Marshall L. Rev. 940 (1988), Mark A. Absher

UIC Law Review

No abstract provided.

Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young

UIC Law Review

No abstract provided.

Comparing Comparative Negligence: Is There A Difference Between The Pure And Modified Forms, 22 J. Marshall L. Rev. 243 (1988), Bruce L. Ottley

UIC Law Review

No abstract provided.

Panel On Aids In The Workplace, Insurance And Education —Introduction And Discussion Of Education Issues, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

Limitations On Reproductive Autonomy For The Mentally Handicapped, George P. Smith Ii

Scholarly Articles

No abstract provided.

Judicial Review Of Health Claims Arbitration Awards: Practice And Pitfalls, Timothy L. Mullin Jr.

University of Baltimore Law Review

No abstract provided.

Kirk V. Michael Reese Hospital: A Hospital's Liability As A Health Care Provider, Monica Clements Berry R.N., C.C.R.N., B.S.N.

Loyola University Chicago Law Journal

No abstract provided.

Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus

Faculty Scholarship

This article examines in detail an example of legislation that redefines the scope of permissible public health intervention and provides procedural protections compatible with modern precedent—the Minnesota Health Threat Procedures Act. This Act is an appropriate subject for close study because it is intended to be responsive to the general concerns raised by the commentators: the narrowing redefinition of the scope of coercive public health intervention and the addition of suitable procedural protections. Coercive public health legislation merits close attention because it inevitably invokes a clash of three important values. The purpose of the legislation is the protection of the …