Medical Jurisprudence Commons^™

Remarks, Introduction Of Professor E. Donald Shapiro, Bar-Ilan University Reception, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.

Immunity Doctrine, Efficiency Promotion, And The Applicability Of Federal Antitrust Law To State-Approved Hospital Acquisitions, James F. Ponsoldt

Scholarly Works

The question whether hospitals should be regarded as private businesses, or alternatively as public utilities, in order to maximize productive and allocative efficiency, remains controversial. In recent years, the ability of American hospitals and doctors to provide excellent health care services has been hindered by rising costs and distribution problems. This combination of rising costs and decreased distribution has prevented medical services from reaching the portion of the American population that has the greatest need for these services.

In response to these problems, Congress in 1974 passed the National Health Planning and Resources Development Act (NHPRDA). The NHPRDA is designed …

A New Approach To Hospital Immunity

Washington and Lee Law Review

No abstract provided.

Aids As A Handicap Under The Federal Rehabilitation Act Of 1973

Washington and Lee Law Review

No abstract provided.

The Application Of A Due Diligence Requirement To Market Share Theory In Des Litigation, Thomas C. Willcox

University of Michigan Journal of Law Reform

This Note argues that courts should impose a due diligence requirement on plaintiffs as a prerequisite to the use of market share theory. Part I examines traditional products liability theories along with alternative theories and explains the relationship of due diligence to market share theory. Part II argues that due diligence should be a prerequisite to market share liability. Part III discusses the nature of due diligence in this context. Finally, Part IV considers various objections to a due diligence requirement and argues that they are essentially without merit.

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.

Artificial Nutrition And The Terminally Ill: How Should Washington Decide?, Jacquelyn A. Beatty

Washington Law Review

This Comment demonstrates that artificial nutrition and hydration are life-sustaining treatments which all patients have a right to forego under Washington's common law, state constitution, and NDA. Countervailing state interests do not compel a contrary result. Moreover, artificial nutrition and hydration do not require the preclusion of surrogate decisionmaking already recognized by Washington in the life-sustaining treatment context. However, since current judicial guidelines for surrogate-made decisions are inadequate, this Comment concludes by proposing substantive guidelines for such decisions.

Informed Consent In The Prescription Drug Context: The Special Case, Gerald F. Tietz

Washington Law Review

Evaluation of the general doctrine of informed consent is the starting point for determining whether, and how, the doctrine might apply to prescription drug therapy. This article demonstrates that, unlike the decision to undergo surgery (the more typical informed consent situation), the process of prescribing drugs contains numerous considerations, many of which are inherent in and unique to prescription drug therapy. The presence of these considerations dictates that courts accord even greater significance to the need for patient participation in prescription drug therapy than that accorded in the more typical consent to surgery situation. Moreover, in light of the many …

An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Alas! Poor Yorick," I Knew Him Ex Utero: The Regulation Of Embryo And Fetal Experimentation And Disposal In England And The United States, Nicolas P. Terry

Vanderbilt Law Review

Replete with analogies drawn to war crimes and expressed fears that the progress of medical science would be halted, the debate over the ethics of human experimentation is nothing if not complex. Nevertheless, in 1978 The Belmont Report was at least able to identify certain generalized ethical principles to guide researchers: "respect for persons," "beneficence," and "justice."' These ethical principles, however, are based ultimately on our perceptions of humanity and personality. Applying these principles to research on fetuses or embryos is fraught with difficulty. Neither of our pluralistic societies has resolved the "separate" debate regarding the appropriate status afforded pre-viable …

Regulation Of Informed Consent To Human Experimentation, Maria Woltjen

Loyola University Chicago Law Journal

No abstract provided.

Competency For Execution: Problems In Law And Psychiatry, Barbara A. Ward

Florida State University Law Review

No abstract provided.

Illinois' Medical Malpractice Review Panel Provision: A Constitutional Analysis, Therese Dynia

Loyola University Chicago Law Journal

No abstract provided.

Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik

UIC Law Review

No abstract provided.

The Medical Malpractice Reform Act Of 1985: Legislative Surgery Prescribed To Save Illinois Review Panels, 19 J. Marshall L. Rev. 637 (1986), Ellen Keefe-Garner

UIC Law Review

No abstract provided.

Winston V. Lee: Court-Ordered Surgery: Personal Dignity Concerns Create Additional Ambiguity. 20 J. Marshall L. Rev. 187 (1986), David Goodrich

UIC Law Review

No abstract provided.

Quality-Of-Life Ethics And Constitutional Jurisprudence: The Demise Of Natural Rights And Equal Protection For The Disabled And Incompetent, Robert A. Destro

Scholarly Articles

Part I of this article will attempt to identify some of the basic legal issues in the debate over the rights of the disabled and aged to minimal health care and nourishment. Part II will argue that the practice of defining the rights of the person functionally, rather than as a matter of principle, is an old one which had largely been eliminated after the adoption of the Fourteenth Amendment, but that it is now resurgent in some quarters as a means to an end which would be impossible were the definition to be based on an explicit principle of …

Cryonic Suspension And The Law, George P. Smith Ii, Clare Hall

Scholarly Articles

Three central problems which adversely affect the intriguing use, development, and perfection of the cryonic suspension of individuals are analyzed: the extent to which a physician may be guilty of malpractice in assisting with a suspension - owing to present weaknesses in defining death and coordinate criminal liability attaching theretofor murder; the need for a recognition of suspension; and the present effect of the law's anachronistic treatment of estate devolution upon a cryon - or one undergoing suspension. To meet these difficulties, a partnership is proposed between law and medicine which would respond to challenges to this type of new …

Withholding Life-Sustaining Treatment From The Incompetent Patient: The Need For Statutory Guidelines, Melinda M. Organ

Loyola University Chicago Law Journal

No abstract provided.

Shorter V. Drury: Refusal To Permit Treatment Constitutes Express Assumption Of Risk Which Can Reduce The Liability Of A Negligent Physician, Alisa Beth Arnoff

Loyola University Chicago Law Journal

No abstract provided.

Procedural Due Process Rights Of Physicians Applying For Hospital Staff Privileges, Carolyn Quinn

Loyola University Chicago Law Journal

No abstract provided.

Meeting The Goals Of Medicare Prospective Payments, J. Timothy Philipps, Don E. Wineberg, Adam D. Elfenbein

West Virginia Law Review

No abstract provided.

The Illinois Medical Malpractice Reform Act Of 1985: Illinois Operates Unconstitutionally On Medical Malpractice Victims, 19 J. Marshall L. Rev. 677 (1986), George Pecoulas

UIC Law Review

No abstract provided.

Medical Malpractice: A Time For More Talk And Less Rhetoric, Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

Book Review. The Law And The Public's Health, 2nd Ed. By Kenneth R. Wing, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

The Changing Focus Of Peer Review Under Medicare, Peter M. Mellette

University of Richmond Law Review

Consumers today rely on both physicians and the federal government for health care services. A consumer/patient's visit to a physician is the usual method of access to such services. After examining the patient, the physician will typically send the patient home with a prescription for medication or refer the patient for admission to an appropriate health care provider, such as a hospital. In either instance, the patient incurs medical bills. If the patient is age sixty-five or older, the federal government probably pays for most of those bills through the Medicare program.

Products Liability: The Continued Viability Of The Learned Intermediary Rule As It Applies To Product Warnings For Prescription Drugs, Barbara Pope Flannagan

University of Richmond Law Review

Judicial decisions, as well as statutory enactments, have removed many of the traditional stumbling blocks which formerly hampered an injured plaintiff's recovery against the manufacturer of a defective product. Concomitantly, the past few decades have seen a dramatic increase in the number of product liability suits brought by injured consumers directly against manufacturers. These product liability suits have involved the full range of manufactured products and have proceeded under three basic theories of recovery. While no single type of product, either because of its use or purpose, has been immune from products liability suits, some types of products have special …

Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman

Articles & Chapters

No abstract provided.