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Articles 2491 - 2520 of 2912

Full-Text Articles in Medical Jurisprudence

A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal Oct 1975

A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act


A Cure For The Plaintiff's Ills?, Andrew C. Mallor Oct 1975

A Cure For The Plaintiff's Ills?, Andrew C. Mallor

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act


Physician's Abandonment Of Patient, Richard Rosenthal Oct 1975

Physician's Abandonment Of Patient, Richard Rosenthal

North Carolina Central Law Review

No abstract provided.


Torts--Medical Malpractice--Sources Of A Physician's Standard Of Care: The Medical Profession Or The Courts--Helling V. Carey Jun 1975

Torts--Medical Malpractice--Sources Of A Physician's Standard Of Care: The Medical Profession Or The Courts--Helling V. Carey

BYU Law Review

No abstract provided.


Informed Consent And Medical Experimentation, George H. Martin Jr. Apr 1975

Informed Consent And Medical Experimentation, George H. Martin Jr.

IUSTITIA

Certain biomedical technologies already or almost already with us "threaten to reduce the meaning of man and to degrade the human spirit in the very process of becoming technologically feasible, long before the final stage of deployment and widespread use has been reached." It is this threat that has prompted me to consider certain medical and legal problems associated broadly with the human experimentation process. I shall be examining the concept of "informed consent" to both experimental medical therapy and nontherapeutic scientific experimentation as a means of protecting man from the potential ravages of a zealous application of scientific advances …


Justiciability And Mental Health, Lewis H. Larue Mar 1975

Justiciability And Mental Health, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.


The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham Feb 1975

The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham

Washington Law Review

Since 1957 the courts in most states have moved rapidly toward imposing vicarious liability on a hospital for the torts of employee-physicians. In 1965 the Illinois Supreme Court held that a hospital could be liable for the malpractice of a nonemployee-physician. This comment attempts to describe these trends, to delineate the new rules the courts are applying and to determine the rationale for adopting these new rules. The comment assumes the patient has established that the physician committed malpractice; the only issue addressed is whether the patient can recover from the hospital for his or her injuries. The scope is …


The Wyatt Case: Implementation Of A Judicial Decree Ordering Institutional Change, 84 Yale L.J. 1338 (1975), Diane S. Kaplan Jan 1975

The Wyatt Case: Implementation Of A Judicial Decree Ordering Institutional Change, 84 Yale L.J. 1338 (1975), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.


Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum Jan 1975

Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum

Indiana Law Journal

No abstract provided.


Law And Medicine: Myths And Realities In The Medical School Classroom, George J. Annas Jan 1975

Law And Medicine: Myths And Realities In The Medical School Classroom, George J. Annas

Faculty Scholarship

The goal of legal education in a nutshell is to get the student to "think like a lawyer." The goal of medicolegal courses in medical schools, on the other hand, has often seemed to be to get the medical student to think bad things about lawyers. While the total solution to the legendary distrust between these two professions may not be an understanding of methodology, this article will suggest that one way to increase cooperation between the professions is to teach law in medical schools in a way that emphasizes methods of approaching problems and which seeks to dispel the …


From Comstockery Through Population Control: The Inevitability Of Balancing, Elliot Silverstein Oct 1974

From Comstockery Through Population Control: The Inevitability Of Balancing, Elliot Silverstein

North Carolina Central Law Review

No abstract provided.


Telling The Time Of Human Death By Statute: An Essential And Progressive Trend, A. Christian Compton Sep 1974

Telling The Time Of Human Death By Statute: An Essential And Progressive Trend, A. Christian Compton

Washington and Lee Law Review

No abstract provided.


Euthanasia And The Right To Die—Moral, Ethical And Legal Perspectives, Bruce Vodiga Jun 1974

Euthanasia And The Right To Die—Moral, Ethical And Legal Perspectives, Bruce Vodiga

Chicago-Kent Law Review

No abstract provided.


The Burgeoning Law Of Medical Experimentation Involving Human Subjects, 8 J. Marshall J. Prac. & Proc. 19 (1974), L. Edward Bryant Jr. Jan 1974

The Burgeoning Law Of Medical Experimentation Involving Human Subjects, 8 J. Marshall J. Prac. & Proc. 19 (1974), L. Edward Bryant Jr.

UIC Law Review

No abstract provided.


The Law Of Medical Malpractice In Maryland: A Plaintiff's Dilemma, Marvin Ellin Jan 1974

The Law Of Medical Malpractice In Maryland: A Plaintiff's Dilemma, Marvin Ellin

University of Baltimore Law Review

The locality rule in medical malpractice cases has evolved into varied hybrid forms throughout the United States. While the majority of the states has adopted more liberal versions of the rule, Maryland has stood fast in its application of a strict locality rule. The author discusses the history and rationale of the rule in Maryland, contrasts it with the prevailing national trend and propounds reasons for the strict locality rule's abandonment. The subsequent article takes an opposing viewpoint.


Psychosurgery: The Law's Response, George J. Annas, Leonard H. Glantz Jan 1974

Psychosurgery: The Law's Response, George J. Annas, Leonard H. Glantz

Faculty Scholarship

Participants in the psychosurgery controversy generally espouse one of three competing points of view. First, there are the surgeons who argue that psychosurgical procedures have developed beyond the experimental stage to the point where they may be considered therapeutic for certain types of patients. Second, there are those who support further research in the area in the hope of developing genuinely therapeutic procedures, but who recognize the importance of safeguarding against potential abuses in the course of this development. Finally, there are the anti-psychosurgeons, who argue for the total prohibition of psychosurgery on ethical, spiritual, or political grounds independent of …


Family Constellations Of Law And Medical Students, Kay Standley, Gordon W. Keating, Thomas C. Fischer Dec 1973

Family Constellations Of Law And Medical Students, Kay Standley, Gordon W. Keating, Thomas C. Fischer

Journal of Legal Education

No abstract provided.


Physicians And Surgeons—Malpractice—Informed Consent Of Patient: Duty To Inform Patient To Be Established By Expert Medical Testimony—Zebarth V. Swedish Hospital Medical Center, 81 Wn. 2d 12, 499 P.2d 1 (1972), L. D. K. May 1973

Physicians And Surgeons—Malpractice—Informed Consent Of Patient: Duty To Inform Patient To Be Established By Expert Medical Testimony—Zebarth V. Swedish Hospital Medical Center, 81 Wn. 2d 12, 499 P.2d 1 (1972), L. D. K.

Washington Law Review

Plaintiff was suffering from a highly malignant form of cancer resulting in serious obstruction of the trachea. He was admitted to the defendant hospital where it was determined that radiation therapy was necessary to reduce the obstruction before it completely blocked the plaintiff's breathing. After completion of the radiation therapy, plaintiff began to suffer from a progressive paralysis which plaintiff claimed was caused by damage to his spinal cord, attributable to the manner in which the radiation was administered. Plaintiff sued in the Superior Court for King County, alleging that since he was neither warned of the risk of damage …


Contractual Aspects Of Malpractice, Kevin H. Tierney Jan 1973

Contractual Aspects Of Malpractice, Kevin H. Tierney

Faculty Scholarship

No abstract provided.


Introduction, Thomas L. Shaffer Jan 1973

Introduction, Thomas L. Shaffer

Journal Articles

This symposium abounds with learning and insight, but one should not overlook the fact that its purposes and its effect are revolution. Institutional confinement of the "mentally ill" in America is a massive social failure and a festering evil. These authors lawyers, social scientists, scholars, psychiatrists, and students have a target in their sights, and they are not out primarily to analyze the target; they are out to destroy it.


Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski Jul 1972

Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski

Faculty Scholarship

No abstract provided.


"Body-Snatching" Reconsidered: The Exhumation Of Some Early American Legal History, Walter Hellerstein Jul 1972

"Body-Snatching" Reconsidered: The Exhumation Of Some Early American Legal History, Walter Hellerstein

Scholarly Works

The "heroic age of anatomy" in America was that era, prior to the general enactment of laws legalizing the procurement of cadavers for medical purposes, during which students of medicine (as well as profit-seeking professionals) resorted to the illegal practice of "body-snatching" in order to obtain dissection material for medical studies. This period, which extended form the late seventeenth to well into the nineteenth century, was marked by frequent riots resulting from a deep-rooted public hostility towards grave-robbing and dissection. This hostility was rarely tempered by any understanding of or sympathy for the purposes for which the "resurrectionists," as they …


Foreign Objects And Doctors' Liability, Joseph Askew Apr 1972

Foreign Objects And Doctors' Liability, Joseph Askew

North Carolina Central Law Review

No abstract provided.


Torts - The Illinois Wrongful Death Act Held Inapplicable To A Viable Fetus, William D. Brejcha Jan 1972

Torts - The Illinois Wrongful Death Act Held Inapplicable To A Viable Fetus, William D. Brejcha

Loyola University Chicago Law Journal

No abstract provided.


Waltz & Inbau: Medical Jurisprudence, Marcus L. Plant Jan 1972

Waltz & Inbau: Medical Jurisprudence, Marcus L. Plant

Michigan Law Review

A Review of Medical Jurisprudence by Jon R. Waltz and Fred E. Inbau


Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers Jan 1972

Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers

Articles

In 1930, Ford sold Fords only in black and states offered treatment for mental illness only in public mental hospitals. Today, new views of mental health care and mental health problems have begotten a galaxy of new treatment settings. Few cities can boast community-based programs sufficient to meet their needs, but almost all cities of any size rely increasingly on outpatient programs. The large public mental hospitals still stand, of course. Indeed, every year more people enter public hospitals than entered the year before. Over 400,000 Americans were admitted as inpatients to state and county mental hospitals last year.1 Partly …


Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford Aug 1971

Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford

Cornell Law Faculty Publications

A survey of 54 psychiatric units disclosed that 49 (91%) were using electroconvulsive (ECT), principally for major depressive illnesses. During the five-year period 1964 to 1968, fractures and other complications of ECT were uncommon. Sudden death was reported in seven cases. During this period, none of the respondents or their affiliated physicians had been involved in lawsuits relating to the use of ECT. In general, suits for injuries occasioned by the use of ECT seem to be declining. Possible remaining problem areas are the performance of ECT without the prior consent of the patient; the failure to have facilities and …


The Teaching Of Legal Medicine In Medical Schools In The United States, H. Richard Beresford May 1971

The Teaching Of Legal Medicine In Medical Schools In The United States, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.


Products Liability - Hospitals Held Strictly Liable In Tort For The Transfusion Of Hepatitis Infected Blood, David L. Tomchin Jan 1971

Products Liability - Hospitals Held Strictly Liable In Tort For The Transfusion Of Hepatitis Infected Blood, David L. Tomchin

Loyola University Chicago Law Journal

No abstract provided.


Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge Jan 1971

Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.