Medical Jurisprudence Commons^™

Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd

UIC Law Review

No abstract provided.

Informed Consent In Pennsylvania - The Need For A Negligence Standard, Lynne Heckert

Villanova Law Review (1956 - )

No abstract provided.

Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried

Washington and Lee Law Review

No abstract provided.

What You Don't Know Will Hurt You: Physicians' Duty To Warn Patients About Newly Discovered Dangers In Previously Initiated Treatment, Barbara Eileen Calfee

Cleveland State Law Review

This Note will explore the newly recognized duty to warn a patient when the health care provider subsequently learns that previous non-negligent treatment is or may be harmful to him. The Note begins by discussing the need for a duty to follow up on medical treatment. The proposed duty is analogized to existing forms of liability involving obligations to inform, to correct and to continue acting within a special relationship. The Note then outlines the prima facie case for, and defenses to, an action for breach of the proposed duty to follow up. It then considers objections that may be …

The Limitation On Recovery In Medical Negligence Cases, Edward W. Taylor, William G. Shields

University of Richmond Law Review

Chapter 611, 1976 Acts of Assembly, provided for sweeping changes in the laws of medical and hospital negligence in Virginia. The Act affects all medical negligence actions arising after July 1, 1976. The legislation was enacted during a time when many perceived a medical malpractice crisis in Virginia. This article will review the historical background which led to this perception and will analyze whether, in fact, this crisis did exist. Finally, the article will demonstrate that the Act is both unnecessary and more importantly, unconstitutional.

Hospice: The Legal Ramifications Of A Place To Die, Abigail Lawlis Kuzma

Indiana Law Journal

No abstract provided.

Dna Technology: Are We Ready?, R. H. Guthrie

Dalhousie Law Journal

It is a common practice to identify certain historical periods with the name of the most significant technological invention of the time. Thus, we have had an Industrial Revolution, an Age of Steam, the Automotive Age, and so on, up to the Atomic Age. We are now at the crossroads of a new age; the Age of Biology. This new age promises to be every bit as influential in terms of broad social impact as any of its predecessors, and may ultimately profoundly modify the way in which we define our lives. The hallmark of this new age is DNA …

Size, Shape, And Color Of Prescription Drugs: What Scope Of Protection?, Kathleen M. Sheahan

Loyola University Chicago Law Journal

No abstract provided.

Medical Malpractice Litigation: Alternatives For Pennsylvania, Cathy J. Jones

Duquesne Law Review

The medical malpractice crisis of the last decade produced legislative responses in several states, including Pennsylvania. Pennsylvania's malpractice act was declared unconstitutional by the Pennsylvania Supreme Court, however, and the state's malpractice arbitration system now shows little potential for dispute resolution. The author examines the Pennsylvania statute-and the reasons for its demise-as well as the performance of several alternative methods currently functioning in other states. She concludes that the most promising option for Pennsylvania is a system of voluntary binding arbitration.

Computers, The Disclosure Of Medical Information, And The Fair Credit Reporting Act, 3 Computer L.J. 619 (1981), John Morihara

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Harris V. Mcrae: Indigent Women Must Bear The Consequences Of The Hyde Amendment, Kris Palencia

Loyola University Chicago Law Journal

No abstract provided.

Towards A Statutory Definition Of Death In Illinois, 14 J. Marshall L. Rev. 701 (1981), Harold L. Jacobson, Harvey R. Speigel, William C. Anderson

UIC Law Review

No abstract provided.

Judicial Recognition Of Hospital Independent Duty Of Care To Patients: Hannola V. City Of Lakewood, David A. Beal

Cleveland State Law Review

This Note will examine the court's rationale in Hannola v City of Lakewood and the previous leading Ohio case on emergency room care, Cooper v. Sisters of Charity. This Note will similarly examine "control" tests of employment, the concept of apparent authority and the series of cases on independent duty of care which have been decided in the eleven years between Cooper and Hannola. It is the conclusion of this Note that the Hannola decision is more consistent with the realities of employment and service in the health care industry, and that the public policy arguments presented by the court …

California Supreme Court Expands The Informed Consent Doctrine; Physicians Have A Duty To Obtain An Informed Refusal: Truman V. Thomas , Carol A. Cluff

BYU Law Review

No abstract provided.

Virginia's Medical Malpractice Act: A Constitutional Analysis

Washington and Lee Law Review

No abstract provided.

Wrongful Life-Impaired Infant's Cause Of Action Recognized: Curlender V. Bio-Science Laboratories, Merrill F. Nelson

BYU Law Review

No abstract provided.

Informed Consent In Washington: Expanded Scope Of Material Facts That The Physician Must Disclose To His Patient, Edwin Rauzi

Washington Law Review

Part I of this comment charts the current contours of the informed consent doctrine and traces the general pro-plaintiff shift which has developed since Washington recognized the tort a decade ago. The model used to illustrate this shift is a continuum, with the poles representing doctrinal and social policy choices favorable either to the plaintiff-patient or to the defendant-physician. Part II examines the expanded scope of the physician's duty to disclose material facts. This comment posits that the material facts which the physician must disclose to his patient are the risks involved in a proposed treatment, the alternatives to the …

One Thousand Seven Hundred Days: A History Of Medical Malpractice Mediation Panels In Florida, Charles W. Ehrhardt

Florida State University Law Review

No abstract provided.

Respondents In Discovery: A Pre-Suit Answer To The Medical Malpractice Crisis?, Mary P. Tobin

Loyola University Chicago Law Journal

No abstract provided.

Wrongful Life: Recognizing The Defective Child's Right To A Cause Of Action, J. Douglas Peters, Brian M. Peters

Duquesne Law Review

No abstract provided.

Disciplining Physicians In Pennsylvania: Licensing Problems Arising From Medicare Fraud Convictions, Joy Flowers Conti

Duquesne Law Review

No abstract provided.

The Right To Refuse Medical Treatment: Under What Circumstances Does It Exist, Henry Zee Shaub

Duquesne Law Review

No abstract provided.

Tort Law - Duty To Warn - Psychiatrist's Duty To Warn Third Parties Of Dangerous Patients, Susan Ferraro Smith

Duquesne Law Review

The Superior Court of New Jersey has held that a psychiatrist, upon a determination that his patient may be potentially dangerous, has a duty to warn a third party who may be harmed by the patient.

McIntosh v. Milano, 168 N.J. Super. 466, 403 A.2d 500 (1979).

Holistic Medicine And Freedom Of Religion, F. Stephen Knippenberg

Faculty Articles

No abstract provided.

Virginia's Continuing Negligent Treatment Rule: Farely V. Goode And Fenton V. Danaceau, J. R. Zepkin

University of Richmond Law Review

Since 1902 the continuing negligent treatment rule has been applied to medical malpractice claims to establish when the statute of limitations begins to run on a particular cause of action. The rule is typically used in cases where the parties have engaged in a course of dealing over a period of time and the wrong complained of has stretched over all or part of this period.

Legal Representation Of The Mentally Ill, James R. Elkins

West Virginia Law Review

The "rights revolution," sparked by the United States Supreme Court under the leadership of former Chief Justice Earl Warren, has abated as the Court modifies and in some instances emasculates the constitutional rights afforded criminal defendants. While the Supreme Court assumes a more “moderate" position regarding the rights of criminal defendants and takes a closer look at due process decisions generally, the "rights revolution" has had substantial spillover effect in the case of individuals confined involuntarily in mental institutions. The courts, especially federal courts, have recognized the constitutional basis of procedural and substantive safeguards for individuals subject to commitment in …

The Law Of Medical Malpractice In West Virginia, Michael J. Farrell

West Virginia Law Review

The preparation and trial of a medical malpractice case is a trial lawyer's delight. The trial arena presents a unique opportunity for the lawyer, physician, patient, and jury to explore the intricacies of a surgical procedure, the maze of a diagnostic puzzle, and the mystery of malpractice causation. The physician is subjected to intense scrutiny by professional malpractice witnesses; he is compelled to justify every note in his record and every omission in his thought process. The lawyer undertakes the herculean task of learning anatomy, physiology, and the specific medical discipline of the defendant. It is in this context that …

Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Book Reviews: Ethics At The Edges Of Life / Samuel Johnson, L. Harold Levinson, J. Allen Smith

Vanderbilt Law Review

Professor Paul Ramsey,' writing as a Christian ethicist, has revised, extended, and updated the Bampton Lectures in America that he delivered in 1975 at Columbia University. The resulting book is Ethics at the Edges of Life: Medical and Legal Intersections. A substantial portion of the book is devoted to critical analysis of a number of landmark court decisions, all of which were rendered after his delivery of the Bampton lectures--Planned Parenthood v. Danforth, on abortion; Commonwealth v. Edelin, on the treatment of a fetus during or immediately after an abortion; In re Quinlan, on the termination of life support; and …

Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel

Florida State University Law Review

By Sylvia Law and Steven Polan. New York: Harper & Row, Publishers. 1978. Pp xiv, 305. $12.95.