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Articles 2341 - 2370 of 2913

Full-Text Articles in Medical Jurisprudence

The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss, Michael L. Perlin Jan 1986

The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss, Michael L. Perlin

Articles & Chapters

No abstract provided.


An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain Jan 1986

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

Faculty Scholarship

No abstract provided.


The Second Reformation: Florida's Medical Malpractice Law, F. Townsend Hawkes Oct 1985

The Second Reformation: Florida's Medical Malpractice Law, F. Townsend Hawkes

Florida State University Law Review

No abstract provided.


Containment Of Hospital And Health Care Costs -- The Regulated Marketplace, Linda H. Richey Oct 1985

Containment Of Hospital And Health Care Costs -- The Regulated Marketplace, Linda H. Richey

Florida State University Law Review

No abstract provided.


Provider Liability Under Public Law 98-21: The Medicare Prospective Payment System In Light Of Wickline V. State, Ross P. Lanzafame Oct 1985

Provider Liability Under Public Law 98-21: The Medicare Prospective Payment System In Light Of Wickline V. State, Ross P. Lanzafame

Buffalo Law Review

No abstract provided.


The Legal Recognition Of Medical Malpractice Tort Claims Based Upon Theories Of Wrongful Birth And Wrongful Life, Kevin L. Mayo Apr 1985

The Legal Recognition Of Medical Malpractice Tort Claims Based Upon Theories Of Wrongful Birth And Wrongful Life, Kevin L. Mayo

North Carolina Central Law Review

No abstract provided.


The Legal Aspects Of Health Care Joint Ventures, Daniel T. Roble, John H. Mason Jan 1985

The Legal Aspects Of Health Care Joint Ventures, Daniel T. Roble, John H. Mason

Duquesne Law Review

Increasingly, health care providers have entered into joint ventures in an attempt to maximize revenues and effectively respond to the cost containment incentives established under the Medicare and Medicaid programs. This article describes the various organizational formats that have been adopted by health care joint ventures, and explores the legal issues created by federal and state regulation of this area.


Baby Doe Cases: Compromise And Moral Dilemma, Phoebe A. Haddon Jan 1985

Baby Doe Cases: Compromise And Moral Dilemma, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.


The Illinois Parental Notice Abortion Act: Legal And Ethical Ramifications Of A Physician's Decision To Give Parental Notification, 18 J. Marshall L. Rev. 475 (1985), Edward Eshoo Jr. Jan 1985

The Illinois Parental Notice Abortion Act: Legal And Ethical Ramifications Of A Physician's Decision To Give Parental Notification, 18 J. Marshall L. Rev. 475 (1985), Edward Eshoo Jr.

UIC Law Review

No abstract provided.


Pathway Through The Psychotropic Jungle: The Right To Refuse Psychotropic Drugs In Illinois, 18 J. Marshall L. Rev. 407 (1985), Steven Shobat Jan 1985

Pathway Through The Psychotropic Jungle: The Right To Refuse Psychotropic Drugs In Illinois, 18 J. Marshall L. Rev. 407 (1985), Steven Shobat

UIC Law Review

No abstract provided.


In Re Hays: Zealous Protection Of The Voluntary Patient's Right To Request Discharge Prior To Involuntary Commitment, 18 J. Marshall L. Rev. 751 (1985), Gloria Longest Westover Jan 1985

In Re Hays: Zealous Protection Of The Voluntary Patient's Right To Request Discharge Prior To Involuntary Commitment, 18 J. Marshall L. Rev. 751 (1985), Gloria Longest Westover

UIC Law Review

No abstract provided.


The Right To Die: An Extension Of The Right To Privacy, 18 J. Marshall L. Rev. 895 (1985), Vincent T. Borst Jan 1985

The Right To Die: An Extension Of The Right To Privacy, 18 J. Marshall L. Rev. 895 (1985), Vincent T. Borst

UIC Law Review

No abstract provided.


Australia’S Frozen ‘Orphan’ Embryos: A Medical, Legal And Ethical Dilemma, George P. Smith Ii Jan 1985

Australia’S Frozen ‘Orphan’ Embryos: A Medical, Legal And Ethical Dilemma, George P. Smith Ii

Scholarly Articles

The central issues raised here are whether the two frozen embryos have a legal right to 1) live and be implanted in a surrogate mother, and, when and if they are born, 2) assert inheritance rights in the Rios' estate. Equally important is the question of the extent to which research into the new reproductive technologies should be allowed or restricted.


Doctors On Trial: Steve Biko, Medical Ethics, And The Courts, Lawrence G. Baxter Jan 1985

Doctors On Trial: Steve Biko, Medical Ethics, And The Courts, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


The Third Circuit's Virtual Abrogation Of The Pennsylvania Abortion Control Act Of 1982 - Outmoded Standards Threaten The Abortion Right, Randall J. Zakreski Jan 1985

The Third Circuit's Virtual Abrogation Of The Pennsylvania Abortion Control Act Of 1982 - Outmoded Standards Threaten The Abortion Right, Randall J. Zakreski

Villanova Law Review (1956 - )

No abstract provided.


To Die Or Not To Die: The New York Legislature Ponders A Natural Death Act, Edward M. Joyce Jan 1985

To Die Or Not To Die: The New York Legislature Ponders A Natural Death Act, Edward M. Joyce

Fordham Urban Law Journal

In December, 1984, New York's Governor Mario Cuomo appointed a twenty-three member commission to recommend ways for the New York State Legislature to respond to a vast range of issues concerning medicine and morality. One of the major issues the commission will examine is the medical and legal implications arising from doctors' withholding or withdrawing life-sustaining medical treatment from terminally ill patients. This Note first examines how states other than New York have settled the question of withholding or withdrawing life-support treatment from dying patients by judicial decision or by statute. The Note then discusses recent New York decisions addressing …


Provider-Sponsored Alternative Health Care Delivery Systems: Reducing Antitrust Liability After Maricopa, James H. Walsh, Howard Feller Jan 1985

Provider-Sponsored Alternative Health Care Delivery Systems: Reducing Antitrust Liability After Maricopa, James H. Walsh, Howard Feller

University of Richmond Law Review

The phenomenal rate of inflation experienced by the health care industry in the past several years has been a substantial cause of concern for everyone affected-physicians, hospitals, insurers, employers and consumers. Public reaction to the tremendous increase in health care costs has created pressure on health care providers to compete on the basis of price and to deliver services more efficiently. The recent growth of alternative health care delivery systems (ADSs) has been a direct response to a number of problems created by increasing health care costs including increased competition in health care delivery, resistance by payors and consumers to …


Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith Jan 1985

Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith

University of Richmond Law Review

The last major revision of Virginia statutes relating to medical malpractice was in 1976. At that time the General Assembly provided for medical malpractice review panels and mandated a method of reporting medical malpractice claims. These innovations were in response to a perceived medical malpractice crisis in the mid-1970's. A symptom of the crisis was the astronomical rise in the cost of medical malpractice insurance premiums. This increase plagued patients as well as physicians, hospitals, and other health care providers. The higher premiums, of course, were reflected in fees for services rendered by providers. In addition, providers began to practice …


Legal Aspects Of Human Genetics, Roger B. Dworkin, Gilbert S. Omenn Jan 1985

Legal Aspects Of Human Genetics, Roger B. Dworkin, Gilbert S. Omenn

Articles by Maurer Faculty

No abstract provided.


The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy Jan 1985

The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy

University of Richmond Law Review

In 1966 Virginia enacted legislation, now section 20-61.2 of the Code of Virginia, providing for the admission into evidence of the results of blood tests in cases involving questions of paternity. In 1982, a second statute, section 20-61.1 of the Code of Virginia, was amended to permit the use of genetic blood grouping tests, including the human leukocyte antigen (HLA) test, as evidence of paternity in child support proceedings. With the enactment of these two statutes, Virginia has joined a growing number of states which recognize the accuracy and reliability of the HLA test in establishing paternity.


"New And Improved" Estimates Of Qualification Discrimination, Joni Hersch, Joe A. Stone Jan 1985

"New And Improved" Estimates Of Qualification Discrimination, Joni Hersch, Joe A. Stone

Vanderbilt Law School Faculty Publications

The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic Losses and reasonable attorney fees. Using a Large sample of closed individual medical malpractice claims from Texas supplemented by data from Florida, this article provides an empirical assessment of the consequences of the early offer reform. Noneconomic damages make up about two-thirds of paid claim amounts. The minimum payment amount for serious injuries will affect the magnitude of insurer savings and claimant compensation. Payments to claimants will be expedited by 2 years by the early offer reform, and …


Corporate Negligence Actions Against Hospitals—Can The Plaintiff Prove The Case?, Susan Ward Nov 1984

Corporate Negligence Actions Against Hospitals—Can The Plaintiff Prove The Case?, Susan Ward

Washington Law Review

This Comment first explains the theory of corporate negligence as adopted in Washington and describes the role of a hospital's quality review committees in fulfilling the hospital's corporate duty. It then reviews present law on the use of committee records in litigation. Next, this Comment considers the conflict between the goals of protecting medical staff committee records and permitting recovery in corporate negligence actions. It concludes that medical staff committee records should be protected from discovery in hospital corporate negligence actions and that the evidentiary use of hospital quality review committee records should be prohibited as well. Because this extended …


The Right To Die: Florida Breaks Through Legal Deadlock, Bridget Ann Berry Oct 1984

The Right To Die: Florida Breaks Through Legal Deadlock, Bridget Ann Berry

Florida State University Law Review

No abstract provided.


Medicare Prospective Payment: A Quiet Revolution, J. Timothy Philipps, Don E. Wineberg Sep 1984

Medicare Prospective Payment: A Quiet Revolution, J. Timothy Philipps, Don E. Wineberg

West Virginia Law Review

No abstract provided.


Tort Liability Of Institutional Review Boards, Linda Bordas Sep 1984

Tort Liability Of Institutional Review Boards, Linda Bordas

West Virginia Law Review

No abstract provided.


The Medical Staff Privileges Problem In Florida, Thomas Katheder Jul 1984

The Medical Staff Privileges Problem In Florida, Thomas Katheder

Florida State University Law Review

No abstract provided.


The Legislative Response To Infant Doe, Abigail Lawlis Kuzma Jul 1984

The Legislative Response To Infant Doe, Abigail Lawlis Kuzma

Indiana Law Journal

No abstract provided.


Standard For Informed Consent Determined By Disclosure Which Would Influence A Reasonable Patient To Consent Rather Than What A Physician Of The Same Of Similar Community Would Have Disclosed Under Similar Circumstances., Merton M. Minter Iii Jun 1984

Standard For Informed Consent Determined By Disclosure Which Would Influence A Reasonable Patient To Consent Rather Than What A Physician Of The Same Of Similar Community Would Have Disclosed Under Similar Circumstances., Merton M. Minter Iii

St. Mary's Law Journal

Abstract Forthcoming.


Severe Neurological Impairment: Legal Aspects Of Decisions To Reduce Care, H. Richard Beresford May 1984

Severe Neurological Impairment: Legal Aspects Of Decisions To Reduce Care, H. Richard Beresford

Cornell Law Faculty Publications

Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain (“brain death”). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents …


Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman Jan 1984

Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman

Law Faculty Articles and Essays

Thirty years have passed since the discovery of Thorazine, a neuroleptic drug, and the drugging of American state mental patients has become commonplace. Part I distinguishes between two approaches to remedy--"structural" and "atomistic"--and, as a basis for testing the two, describes a state hospital's handling of the most serious drug side effect. This account also provides a sense of the dimensions of the drugging problems in state hospitals. Part II explores a family of atomistic remedies. These would address drugging problems by seeking to ensure that state doctors are knowledgeable about drugs and/or reasonably careful in administering them. I reject …