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Medical Jurisprudence Commons™

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Articles 2371 - 2400 of 2913

Full-Text Articles in Medical Jurisprudence

Damages For Wrongful Birth And Wrongful Pregnancy In Illinois, Regina Goulding Paul Jan 1984

Damages For Wrongful Birth And Wrongful Pregnancy In Illinois, Regina Goulding Paul

Loyola University Chicago Law Journal

No abstract provided.

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Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl Jan 1984

Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl

University of Richmond Law Review

The standard of care in a medical negligence action represents the duty which the defendant physician, nurse, hospital or other health care provider owes to the patient. In Virginia, it is that degree of care and skill possessed by the reasonably prudent practitioner of the same specialty in this state. This standard is an elusive one at best. While learned treatises and journal articles assist in determining the standard, in practice the plaintiff offers experts who state, based on their knowledge, training, and experience that the standard of care requires the defendant to provide a particular type of care which …

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Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird Jan 1984

Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird

University of Richmond Law Review

In recent years, the rapid expansion of knowledge in the field of molecular genetics resulting from the use of recombinant DNA (rDNA) techniques has been unprecedented. The expanded knowledge scientists have acquired through rDNA techniques has precipitated conspicuous breakthroughs in biomedical research involving the manipulation of human genetic material to diagnose and treat human disorders. Application of this research may soon affect all aspects of our lives. However, this newly-acquired ability to manipulate human genes raises broad ethical and legal questions. The issues raised by rDNA research are dissimilar to earlier questions regarding the use of genetically-engineered microorganisms in the …

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Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick Jan 1984

Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick

University of Richmond Law Review

As the elderly population increases and medical costs skyrocket, federal and state governments feel increasing pressures to diminish drains on government treasuries caused by the provision of medical care to the elderly. One possible solution would be to require children to shoulder more of the costs of caring for their parents than they already bear as federal and state taxpayers. This article examines this approach and suggests that such a policy is contrary to both federal and state laws.

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A Statewide Standard Of Care In Medical Malpractice Cases - We're Shoveling Smoke, Thomas J. Harlan Jr. Jan 1984

A Statewide Standard Of Care In Medical Malpractice Cases - We're Shoveling Smoke, Thomas J. Harlan Jr.

University of Richmond Law Review

A month before his death, Judge Learned Hand, in an interview with a young Life magazine reporter, was asked how he felt after his long and illustrious career on the bench in which his opinions were adopted by the United States Supreme Court, cited in major law schools throughout the country, hailed as legally incisive and brilliant, and being viewed himself as a trendsetter in legal thinking. Judge Hand replied: "'I've spent a lifetime of utter drudgery, shoveling smoke . . .'"

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Convicting Or Confining? Alternative Directions In Insanity Law Reform: Guilty But Mentally Ill Versus New Rules For Release Of Insanity Acquittees, Donald H. Hermann Sep 1983

Convicting Or Confining? Alternative Directions In Insanity Law Reform: Guilty But Mentally Ill Versus New Rules For Release Of Insanity Acquittees, Donald H. Hermann

BYU Law Review

No abstract provided.

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Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law Jun 1983

Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law

West Virginia Law Review

No abstract provided.

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Book Review Of Medical Ethics And The Law: Implications For Public Policy, Susan R. Martyn Mar 1983

Book Review Of Medical Ethics And The Law: Implications For Public Policy, Susan R. Martyn

Journal of Legal Education

No abstract provided.

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Doctors' Maximum Fee Plan Is Unlawful Per Se Under Section 1 Of The Sherman Act: Arizona V. Maricopa County Medical Society, Craig L. Taylor Mar 1983

Doctors' Maximum Fee Plan Is Unlawful Per Se Under Section 1 Of The Sherman Act: Arizona V. Maricopa County Medical Society, Craig L. Taylor

BYU Law Review

No abstract provided.

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Medical Malpractice Statute Which Prevents Tolling Of Limitations During Infancy Violates Due Process Clause Of Texas Constitution., Christopher J. Volkmer Mar 1983

Medical Malpractice Statute Which Prevents Tolling Of Limitations During Infancy Violates Due Process Clause Of Texas Constitution., Christopher J. Volkmer

St. Mary's Law Journal

Abstract forthcoming.

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Medical Malpractice In Florida: A Prescription For Change, B. Richard Young Jan 1983

Medical Malpractice In Florida: A Prescription For Change, B. Richard Young

Florida State University Law Review

No abstract provided.

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Retailing Human Organs Under The Uniform Commercial Code, 16 J. Marshall L. Rev. 393 (1983), David E. Chapman Jan 1983

Retailing Human Organs Under The Uniform Commercial Code, 16 J. Marshall L. Rev. 393 (1983), David E. Chapman

UIC Law Review

No abstract provided.

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Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel Jan 1983

Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel

Fordham Urban Law Journal

Damage awards in medical malpractice cases have risen steadily in New York state courts over the past ten years. This increase has resulted in higher medical insurance premiums, which insured physicians pass along in higher prices to health care consumers. There are several theories as to why increased damages has occurred, but few legislative actions have deterred the process. Ultimately, this Note proposes reform in the tort/litigation/insurance system.

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A Maternal Duty To Protect Fetal Health, Susan R. Weinberg Jan 1983

A Maternal Duty To Protect Fetal Health, Susan R. Weinberg

Indiana Law Journal

No abstract provided.

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A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows Jan 1983

A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows

University of Richmond Law Review

The decade of the 1970's saw an increase of crisis proportions in the number of medical malpractice claims, and this crisis has lingered into the 1980's. Furthermore, lawyers, architects, engineers, accountants, and other professionals are becoming increasingly aware that malpractice litigation has not been limited to attacks on health care practitioners.

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In Virto Fertilization: Hope For Childless Couples Breeds Legal Exposure For Physicians, Margaret I. Lane, Susan Cross Bolton, Rose M. Alexander Jan 1983

In Virto Fertilization: Hope For Childless Couples Breeds Legal Exposure For Physicians, Margaret I. Lane, Susan Cross Bolton, Rose M. Alexander

University of Richmond Law Review

The recent successes with in vitro or extracorporeal fertilization ("IVF") in both England" and the United States have led to increased interest in this new medical technique. For a large number of women, IVF represents the most promising opportunity for reproduction. This breakthrough makes it possible for infertile couples to experience for the first time the joys of natural parenthood that fertile or "normal" couples take for granted. Pioneers in the field are therefore to be commended for their work. Unfortunately, like other innovative medical services, the IVF procedures also breed legal concerns which will demand resolution in the not-so-distant …

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Physician's Negligence Giving Rise To The Birth Of A Healthy But Unplanned Child: A Summary Of Damages Recoverable By The Parents, Kenneth F. Hardt Jan 1983

Physician's Negligence Giving Rise To The Birth Of A Healthy But Unplanned Child: A Summary Of Damages Recoverable By The Parents, Kenneth F. Hardt

University of Richmond Law Review

The decision to undergo a sterilization operation or an abortion is the result of considering many complex emotional and financial factors. The operation may be sought to avoid potential health risks associated with childbirth, or it may be sought to avoid the financial stress a new child will place on the family unit. Regardless of the rationale underlying the decision, the individual will require medical assistance. In some situations, however, this medical assistance is negligently performed, and the result may be the birth of a healthy but unplanned child.

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The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy Jan 1983

The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy

University of Richmond Law Review

The right to die with dignity is a controversial issue. In the absence of legislative guidance, court intervention is often necessary to protect a patient's right to the privacy of his own body. At the same time, courts must protect the state's interests in the preservation of life, the protection of innocent third parties, the prevention of suicide, and the ethical integrity of the medical profession.

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Developments, Curtis J. Berger, Francis J. Conte, Marcia L. Gienapp, Albert Brecht, Thomas Barton, Carl J. Schramm, James R. Devine, Robert L. Mennell Dec 1982

Developments, Curtis J. Berger, Francis J. Conte, Marcia L. Gienapp, Albert Brecht, Thomas Barton, Carl J. Schramm, James R. Devine, Robert L. Mennell

Journal of Legal Education

No abstract provided.

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Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson Nov 1982

Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson

University of Miami Law Review

No abstract provided.

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The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death Sep 1982

The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death

Washington and Lee Law Review

No abstract provided.

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Res Ipsa Loquitur And Medical Malpractice In Georgia: A Reassessment, Thomas A. Eaton Sep 1982

Res Ipsa Loquitur And Medical Malpractice In Georgia: A Reassessment, Thomas A. Eaton

Scholarly Works

Part II of this Article addresses the threshold issue of when a court may consider a medical accident as one that ordinarily does not occur in the absence of negligence. This part criticizes the blanket rejection of res ipsa loquitur in Georgia malpractice opinions. Judicial hostility toward res ipsa loquitur in these cases is based in large part on a misunderstanding of the so-called presumption of due care. This part then explains how an inference of negligence may be harmonized with traditional fault-based malpractice doctrine. Finally, this part addresses judicial concerns about the sufficiency of evidence. It is argued that …

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For Everything There Is A Season: The Right To Die In The United States, Richard Sherlock Sep 1982

For Everything There Is A Season: The Right To Die In The United States, Richard Sherlock

BYU Law Review

No abstract provided.

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Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie May 1982

Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie

BYU Law Review

No abstract provided.

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Live Or Let Die; Who Decides An Incompetent's Fate? In Re Storar And In Re Eichner, Kevin W. Bates May 1982

Live Or Let Die; Who Decides An Incompetent's Fate? In Re Storar And In Re Eichner, Kevin W. Bates

BYU Law Review

No abstract provided.

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Decisionmaking For The Incompetent Terminally Ill Patient: A Compromise In A Solution Eliminates A Compromise Of Patients' Rights, Caroline Anne Knezevich Apr 1982

Decisionmaking For The Incompetent Terminally Ill Patient: A Compromise In A Solution Eliminates A Compromise Of Patients' Rights, Caroline Anne Knezevich

Indiana Law Journal

No abstract provided.

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The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood Apr 1982

The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood

Law Faculty Scholarly Articles

This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides …

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Medical Malpractice Statute Of Limitations In Washington, Darryl S. Vhugen Mar 1982

Medical Malpractice Statute Of Limitations In Washington, Darryl S. Vhugen

Washington Law Review

Generally, statutes of limitations run from the date of the alleged wrongful act. Because the average person lacks a good understanding of medical science and may not be aware of a wrongful medical practice when it occurs, medical malpractice plaintiffs have a more difficult time filing their causes of action within the allotted period than do other plaintiffs. As a result, many courts have devised methods of extending the statutory period. Two common-law techniques have predominated in Washington: (1) the discovery rule, and (2) the continuing course of treatment rule. This comment examines the Washington courts' use of these judicial …

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Equitable Jurisdiction To Order Sterilizations, Craig L. Mcivor Mar 1982

Equitable Jurisdiction To Order Sterilizations, Craig L. Mcivor

Washington Law Review

Part I of this comment examines the historical development of nonconsensual sterilization and contrasts the earlier statutory schemes with modem equitable principles. Part II examines both sides of the question whether authority to order nonconsensual sterilizations should be inferred from a general jurisdictional grant. Part III concludes that courts of general jurisdiction should have such authority, but that its assertion is proper only if it is based on as narrow a rationale as possible, if its exercise furthers the rights of the retarded person, and if its application is strictly circumscribed by standards consistent with its equitable nature.

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Wilson V. Clark: The Need To Include Medical Records In The Business Records Exception To The Hearsay Rule, Irene M. Sheridan Jan 1982

Wilson V. Clark: The Need To Include Medical Records In The Business Records Exception To The Hearsay Rule, Irene M. Sheridan

Loyola University Chicago Law Journal

No abstract provided.

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