Informed Consent And Psychotherapy: Apples And Oranges In The Garden Of Doctrine,
2013
Pepperdine University
Informed Consent And Psychotherapy: Apples And Oranges In The Garden Of Doctrine, Stephen Hjelt
Journal of the National Association of Administrative Law Judiciary
This article explores the development of the doctrine of informed consent, first in medicine and then in the mental health field. It also explores the history of psychotherapy as the primary method of treatment for mental illness and emotional distress. It then analyzes the reasons for the proliferation of new and emerging psychotherapy techniques, even as the doctrine of informed consent became commonplace. This article next proposes a two-fold solution. The first is a newly energized conception of informed consent in the mental health field. The second is the implementation of a regulatory mechanism akin to the Food and Drug …
Is It The End Of An Era Or The Beginning Of An Error? The American Medical Association Finally Approves Work Hour Limits For Overworked & Sleep Deprived Medical Residents: Should Osha Still Step In?,
2013
Pepperdine University
Is It The End Of An Era Or The Beginning Of An Error? The American Medical Association Finally Approves Work Hour Limits For Overworked & Sleep Deprived Medical Residents: Should Osha Still Step In?, W. Paige Hren
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Broke(N) System: Comment On The Supreme Court's Decision To Rule On The Equal Access Provision In Douglas V. Independent Living Center, And Its Potential Impact On The Affordable Care Act,
2013
Pepperdine University
A Broke(N) System: Comment On The Supreme Court's Decision To Rule On The Equal Access Provision In Douglas V. Independent Living Center, And Its Potential Impact On The Affordable Care Act, Megan Waugh
Journal of the National Association of Administrative Law Judiciary
This comment first provides a historical and legal backdrop of the Medicaid system, the Equal Access Provision and private individuals' enforcement of the Equal Access Provision through litigation in order to analyze the outcome of Douglas in light of the Supreme Court's decision in the Affordable Care Act Case. Then taking that analysis, this article recommends an approach to handle either a cause of action or no cause of action under the Supremacy Clause upon the implementation of PPACA.
Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis,
2013
Pepperdine University
Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis, Kathryn A. Kroggel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Counterclaim? Not A Real Fix To Prevent Patient Use Code Abuse,
2013
North Carolina Central University School of Law
Counterclaim? Not A Real Fix To Prevent Patient Use Code Abuse, Ge Lei J.D.
North Carolina Central University Science & Intellectual Property Law Review
No abstract provided.
Physician Participation In Executions, The Morality Of Capital Punishment, And The Practical Implications Of Their Relationship,
2013
University of Missouri School of Law
Physician Participation In Executions, The Morality Of Capital Punishment, And The Practical Implications Of Their Relationship, Paul J. Litton
Faculty Publications
Evidence that some executed prisoners suffered excruciating pain has reinvigorated the ethical debate about physician participation in lethal injections. In widely publicized litigation, death row inmates argue that the participation of anesthesiologists in their execution is constitutionally required to minimize the risk of unnecessary suffering. For many years, commentators supported the ethical ban on physician participation reflected in codes of professional medical organizations. However, a recent wave of scholarship concurs with inmate advocates, urging the law to require or at least permit physician participation.
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?,
2013
Pepperdine University
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow,
2013
Pepperdine University
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Nevada's Medical Malpractice Damages Cap: One For All Heirs Or One For Each?,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Nevada's Medical Malpractice Damages Cap: One For All Heirs Or One For Each?, Patrick C. Mcdonnell
Nevada Law Journal
No abstract provided.
Fixing The Vaccine Act's Structural Moral Hazard,
2013
Pepperdine University
Fixing The Vaccine Act's Structural Moral Hazard, Brandon L. Boxler
Pepperdine Dispute Resolution Law Journal
The article presents information on the Vaccine Injury Compensation Program. It discusses the U.S. Federal circuit case Hazlehurst v. Sec'y of Health & Human Servs., in which lawsuit against the defendant was filed by the plaintiff who sought claims against the liability of product to recover damages for alleged injuries which his son had received from vaccines. It also provides information on the structural moral hazard of the program which devolves it into a litigious adjudicatory process.
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival,
2013
Pepperdine University
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, Patricia L. Andel
Pepperdine Law Review
Traditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he could show that "but for" the misdiagnosis he would have had a better-than-even chance of recovery. While many courts have attempted to avoid this doctrine by reducing the standard of causation, this has led to inconsistent results. The better approach is to recognize that a "chance" of recovery has a compensable value in and of itself This comment will explore the concept of loss of a chance and trace its development as it relates to medical malpractice actions.
Antimony: The Use, Rights, And Regulation Of Laboratory Animals ,
2013
Pepperdine University
Antimony: The Use, Rights, And Regulation Of Laboratory Animals , Brenda L. Thomas
Pepperdine Law Review
No abstract provided.
Balancing The Right To Die With Competing Interests: A Socio-Legal Enigma,
2013
Pepperdine University
Balancing The Right To Die With Competing Interests: A Socio-Legal Enigma, Glenn W. Peterson
Pepperdine Law Review
No abstract provided.
Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests ,
2013
Pepperdine University
Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane
Pepperdine Law Review
No abstract provided.
Pursuing Quality Through Medical Staff And Physician Oversight,
2013
University of San Diego
Pursuing Quality Through Medical Staff And Physician Oversight, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Legal Aspects Of Assessing The Aging Physician,
2013
University of San Diego
Legal Aspects Of Assessing The Aging Physician, Rick D. Barton, Jamie D. Quient
Center for Health Law Policy and Bioethics
No abstract provided.
Loss Of Chance, Probabilistic Cause, And Damage Calculations: The Error In Matsuyama V. Birnbaum And The Majority Rule Of Damages In Many Jurisdictions More Generally,
2013
University of Maryland Francis King Carey School of Law
Loss Of Chance, Probabilistic Cause, And Damage Calculations: The Error In Matsuyama V. Birnbaum And The Majority Rule Of Damages In Many Jurisdictions More Generally, Robert J. Rhee
Faculty Scholarship
This short commentary corrects an erroneous understanding of probabilistic causation in the loss-of-chance doctrine and the damage calculation method adopted in Matsuyama v. Birnbaum. The Supreme Judicial Court of Massachusetts is not alone. Many other common law courts have made the same error, including Indiana, Nevada, New Mexico, Ohio, and Oklahoma. The consistency in the mistake suggests that the error is the majority rule of damages. I demonstrate here that this majority rule is based on erroneous mathematical reasoning and the fallacy of probabilistic logic.
Bathroom Bias: Making The Case For Trans Rights Under Disability Law,
2013
University of Michigan Law School
Bathroom Bias: Making The Case For Trans Rights Under Disability Law, Daniella A. Schmidt
Michigan Journal of Gender & Law
Disability law is one of the more successful tools currently being used to protect trans people fom discrimination. While the use of disability law as a framework for affirming or creating trans rights has come with some success, many in the community remain reluctant to use disability law for fear of the policy implications and stigma associated with medicalization of trans identity. After exploring the current state of the law on both the federal and state level, this Note will argue how disability law both could and should be used more often to further trans protections. In particular, this Note …
Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing,
2013
University of Michigan Law School
Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, Greer Donley
Michigan Journal of Gender & Law
This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—-the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This Note argues that the incorporation …
No Duty To Warn Of Drug Interactions: A Dangerous Prescription, 46 J. Marshall L. Rev. 533 (2013),
2013
UIC School of Law
No Duty To Warn Of Drug Interactions: A Dangerous Prescription, 46 J. Marshall L. Rev. 533 (2013), Ryanne Bush Dent
UIC Law Review
No abstract provided.
