Open Access. Powered by Scholars. Published by Universities.®

Medical Jurisprudence Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type

Articles 2281 - 2310 of 2913

Full-Text Articles in Medical Jurisprudence

Unborn Child: Can You Be Protected?, Heather M. White Jan 1988

Unborn Child: Can You Be Protected?, Heather M. White

University of Richmond Law Review

Continuing medical advancement in the area of prenatal care' raises the question of when, if ever, the state may intervene in the life of a pregnant woman to protect her unborn child from abuse and neglect. This issue, though troublesome, can no longer be ignored. Since the Supreme Court's decision in Roe v. Wade, giving the pregnant woman the constitutional right to decide whether or not to terminate her pregnancy, there has been abundant controversy over the allowance of state intervention to protect the human fetus. This controversy necessarily entails a discussion as to when and in what manner the …

Go to article

Annual Survey Of Virginia Law: Medical Negligence, Gwen M. Schockemoehl Jan 1988

Annual Survey Of Virginia Law: Medical Negligence, Gwen M. Schockemoehl

University of Richmond Law Review

This article examines amendments to the statutes that affect medical negligence actions made by the General Assembly in 1987 and 1988. In addition, this article reviews judicial decisions from 1986, 1987 and early 1988 that will have impact on medical negligence actions in the Commonwealth of Virginia.

Go to article

The Case For A Post-Mortem Organ Draft And A Proposed Model Organ Draft Act, Theodore Silver Jan 1988

The Case For A Post-Mortem Organ Draft And A Proposed Model Organ Draft Act, Theodore Silver

Scholarly Works

No abstract provided.

Go to article

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts Jan 1988

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.

Go to article

Fraud And Abuse: Regulatory Alternatives In A "Competitive" Health Care Era, David A. Hyman, Joel V. Williamson Jan 1988

Fraud And Abuse: Regulatory Alternatives In A "Competitive" Health Care Era, David A. Hyman, Joel V. Williamson

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Peer Review And Public Policy, Leon S. Conlon Jan 1988

Peer Review And Public Policy, Leon S. Conlon

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Wrongful Birth And Wrongful Life Actions Arising From Negligent Genetic Counseing: The Need For Legislation Supporting Reproductive Choice, Kathryn J. Jankowski Jan 1988

Wrongful Birth And Wrongful Life Actions Arising From Negligent Genetic Counseing: The Need For Legislation Supporting Reproductive Choice, Kathryn J. Jankowski

Fordham Urban Law Journal

The Note discusses wrongful birth and wrongful life actions arising from negligent genetic counseling and explains why they should be recognized statutorily. It details the technological advances in the field of genetics and their implications for the legal duty imposed upon the medical profession. The author traces the judicial developments that led to the gradual recognition of wrongful birth actions and the refusal to recognize wrongful life actions, as well as the recent legislation that has barred both wrongful birth and wrongful life actions. The author proposes a model statute based on the following policy considerations: (1) procreative choice is …

Go to article

The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker Jan 1988

The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Go to article

University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Go to article

A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr. Jan 1988

A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.

University of Richmond Law Review

Fear has struck the workplace. The source of this fear is not lack of job security, inflation, recession or a concern about the United States' trade imbalance. The source of the fear is a disease--Acquired Immunodeficiency Syndrome (AIDS)-and the virus that causes AIDS, Human Immunodeficiency Virus (HIV).

Go to article

Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker Jan 1988

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Go to article

Motivation And Tort Law: Acting For Economic Gain As A Suspect Motive, Martin A. Kotler Jan 1988

Motivation And Tort Law: Acting For Economic Gain As A Suspect Motive, Martin A. Kotler

Vanderbilt Law Review

The asserted unimportance of the defendant's motive underlying acts giving rise to tort liability is part of the conventional wisdom of most writers of basic tort texts.' Frequently, the irrelevance of the defendant's motivation is considered so obvious that many writers fail to discuss it at all, or discuss it only in the limited context of punitive damages. Virtually all of the literature that considers the significance of motive in tort law deals with either altruism, primarily in the rescue context, or spite, primarily in the punitive damages context. However,little, if any, of the literature considers the legal treatment of …

Go to article

Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule Sep 1987

Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule

Washington and Lee Law Review

No abstract provided.

Go to article

Will Tort Reform Combat The Medical Malpractice Insurance Availability And Affordability Problems That Virginia's Physicians Are Facing? Sep 1987

Will Tort Reform Combat The Medical Malpractice Insurance Availability And Affordability Problems That Virginia's Physicians Are Facing?

Washington and Lee Law Review

No abstract provided.

Go to article

Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule Sep 1987

Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule

Washington and Lee Law Review

No abstract provided.

Go to article

A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl Jun 1987

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 …

Go to article

Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack Jun 1987

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).

Go to article

Monopsony Power In Health Care Markets: Must The Big Buyer Beware Hard Bargaining?, Jack A. Rovner Jan 1987

Monopsony Power In Health Care Markets: Must The Big Buyer Beware Hard Bargaining?, Jack A. Rovner

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Medical Staff Decisions In Private Hospitals: The Role Of Due Process, Thaddeus J. Nodzenski Jan 1987

Medical Staff Decisions In Private Hospitals: The Role Of Due Process, Thaddeus J. Nodzenski

Loyola University Chicago Law Journal

No abstract provided.

Go to article

The Constitutionality Of Medical Malpractice Legislative Reform: A National Survey, Larry Stephen Milner M.D., J.D. Jan 1987

The Constitutionality Of Medical Malpractice Legislative Reform: A National Survey, Larry Stephen Milner M.D., J.D.

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Death Be Not Proud: Medical, Ethical And Legal Dilemmas In Resource Allocation, George P. Smith Ii Jan 1987

Death Be Not Proud: Medical, Ethical And Legal Dilemmas In Resource Allocation, George P. Smith Ii

Scholarly Articles

No abstract provided.

Go to article

Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen Jan 1987

Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen

University of Baltimore Law Review

A topic of fervent debate in recent years has been the growing crisis in personal injury liability insurance, particularly in the area of medical malpractice. Insurers, doctors, and lawyers have presented differing theories as to the cause and solution of the problem. In 1986, the Maryland General Assembly sought to resolve the crisis by limiting the amount recoverable for noneconomic damages in a personal injury action to $350,000. Similar provisions in other states have been struck down as unconstitutional. This comment examines the constitutionality of Maryland's noneconomic damages limitation and argues that the damage limitation violates both the state and …

Go to article

Casenotes: Statute Of Limitations — Medical Malpractice — Constitutional Law — Five Year Statute Of Repose On Medical Malpractice Claims That Commences When An Injury Occurs Is Constitutional. Hill V. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985), Nancy E. Leibowitz Jan 1987

Casenotes: Statute Of Limitations — Medical Malpractice — Constitutional Law — Five Year Statute Of Repose On Medical Malpractice Claims That Commences When An Injury Occurs Is Constitutional. Hill V. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985), Nancy E. Leibowitz

University of Baltimore Law Review

No abstract provided.

Go to article

Baumgartner V. First Church Of Christ, Scientist: Religious Healers' Exemption From Liability, Rebecca Carlins Jan 1987

Baumgartner V. First Church Of Christ, Scientist: Religious Healers' Exemption From Liability, Rebecca Carlins

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Medicaid's Unhealthy Side Effect: The Financial Burdens On At-Home Spouses Of Institutionalized Recipients, Paul Drizner Jan 1987

Medicaid's Unhealthy Side Effect: The Financial Burdens On At-Home Spouses Of Institutionalized Recipients, Paul Drizner

Loyola University Chicago Law Journal

No abstract provided.

Go to article

The Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel Jan 1987

The Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel

University of Richmond Law Review

Since its enactment, Virginia's statute limiting medical malpractice awards has spawned questions concerning its constitutionality. In response to the alleged insurance crisis of the 1970's, many state legislatures passed statutes designed to slow the rising costs of liability insurance. With such statutes already enacted in many jurisdictions, the insurance and health care industries claim that another malpractice insurance crisis exists today. While that may be true in some parts of the country and within some medical specialties, the problem originally was not as severe in the state of Virginia. Today, it is still not as severe in Virginia as it …

Go to article

The Frustaci Septuplets: Miracle Or Malpractice, Susan Ferguson Slabaugh Jan 1987

The Frustaci Septuplets: Miracle Or Malpractice, Susan Ferguson Slabaugh

Journal of Law and Health

The possibility of imposing such liability has tremendous implications not only for the physician and clinic directly involved, but also for other health care practitioners, health care consumers, and the legal profession, as well. This Note will focus on those implications and proposes a solution to the issues raised by this type of litigation.

Go to article

The Search For Caring And Justice: The Social Functions Of Medicine And Law, Larry I. Palmer Jan 1987

The Search For Caring And Justice: The Social Functions Of Medicine And Law, Larry I. Palmer

Faculty Publications

No abstract provided.

Go to article

Substituted Judgment And The Right To Refuse Shock Treatment In Washington: In Re Schuoler, Gregory S. Marshall Jan 1987

Substituted Judgment And The Right To Refuse Shock Treatment In Washington: In Re Schuoler, Gregory S. Marshall

Seattle University Law Review

This Note will first analyze and evaluate two competing decision-making models established in other jurisdictions. The Note will then apply that analysis to Schuoler and critically evaluate that decision. The Note will conclude that while the Washington court follows the more appropriate judicial substituted judgment model, its poor articulation of that model may defeat the purpose of the decision: to protect a mental patient's right to refuse ECT.

Go to article

Death And The Magic Machine: Informed Consent To The Artificial Heart, George J. Annas Jan 1987

Death And The Magic Machine: Informed Consent To The Artificial Heart, George J. Annas

Faculty Scholarship

Jay Katz introduces his remarkable and insightful book, The Silent World of Doctor and Patient, by recounting a portion of Solzhenitsyn's Cancer Ward. He describes an encounter between a patient, Oleg Kostoglotov, and his doctor, Dr. Ludmilla Afanasyevna. The doctor wanted to use experimental hormone treatment, but the patient refused. Katz argues that what made conversation impossible between them was the patient's undisclosed intention of leaving the hospital to treat himself with "a secret medicine, a mandrake root from Issyk Kul." He could not trust the doctor with this information because the doctor would make the decision for the patient …

Go to article

First Prev Next Last