Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Journals
  3. Journal of Law, Medicine & Ethics
  4. Content listing
Journal Home

Refine listing

Refine listing

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals: Show more
Publishers: Show more
Societies: Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

4548 results in Journal of Law, Medicine & Ethics & past titles

Page 196 of 228

  • The Empty Search for an Imprimatur, or Delphic Oracles are in Short Supply

  • Leslie Steven Rothenberg
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 3 / June 1982
    Published online by Cambridge University Press:
    27 April 2021, pp. 115-116
    Print publication:
    June 1982
    • Article
      • You have access
    • PDF
    • Export citation

  • The Eichner/Storar Decision: A Year's Perspective

  • Lee J. Dunn, Jr.
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 3 / June 1982
    Published online by Cambridge University Press:
    27 April 2021, pp. 117-141
    Print publication:
    June 1982

  • On March 31,1981, the New York Gurt of Appeals handed down its decision in the consolidated cases of Brother Joseph Fox and John Storar. The Eichner case was generally well known, having excited considerable national publicity both before and after the Appellate Division of the Supreme Court of New York handed down its opinion on March 17,1980. The Storar case,) conversely, was not as well known and was consolidated with the Eichner case, in the words of the Court of Appeals, because future similar cases would arise. As will be discussed more fully in this article, the consolidation of these two markedly dissimilar cases not only has created confusion, but also has served to obscure the position taken by the court of Appeals relative to other similar cases both in New York and other jurisdictions.

    Brother Joseph Fox was an 83 year old member of a Catholic religious order who enjoyed good health until he suffered cardiac arrest during the performance of a hernia operation. As a result of the cardiac arrest, he became anoxic, suffered permanent brain damage, and became respirator-dependent.

  • Terminating Treatment for Newborns: A Theological Perspective

  • John J. Paris
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 3 / June 1982
    Published online by Cambridge University Press:
    27 April 2021, pp. 120-144
    Print publication:
    June 1982

  • In a recent issue of the Hastings Center Report, Paul and Marilyn Bridge discuss the difficulties and frustrations they encountered with the physicians and hospital concerning a proposal to withhold treatment from their severely defective newborn son, Christopher. Born some three months prematurely, he had signs of viral encephalitis. His long-term outlook was quite dim: he had severe mental retardation, and would possibly suffer from uncontrollable convulsions, deafness, blindness, and quadraplegia. Brain damage was extensive, and was thought to extend to the cortex. While Christopher was not terminally ill nor in any immediate danger of dying, the pediatrician suggested that there would be situations in the future which perhaps ought not be treated, such as infection or the aspiration of food. The family rejected that option, and insisted on treatment until Christopher, on his 75th day of life, suffered cardiac arrest. After three days of ventilator support, the parents agreed to discontinue the heroic means supporting their son whom they now believed to be terminally ill and approaching brain death.

  • Failure to Use Siderails: When is it Negligence?

  • Jane Greenlaw
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 3 / June 1982
    Published online by Cambridge University Press:
    27 April 2021, pp. 125-128
    Print publication:
    June 1982

  • Nurses frequently wonder about the legal aspects of using siderails to prevent patient falls from bed. Questions arise as to when siderails are clinically indicated; whether a patient may refuse the use of siderails; whether, when a patient does fall from bed, the fall resulted from negligent failure to use siderails; and whether a decision to use siderails is a medical or nursing judgment. This article examines the legal issues involved in the use of siderails and provides some recommendations for the use of siderails and other restraints.

    Liability for a patient's fall from bed is imposed according to the general principles of the law of negligence—when the patient-plaintiff can demonstrate that a particular act or omission on the part of the defendant (usually the hospital, through its nursing staff) did not conform to the accepted standard of care, and that this deviation resulted in harm to the patient.

  • Emergicenters and the Need for a Competitive Regulatory Approach

  • Joel L. Michaels, Mary Jean Crouter
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 3 / June 1982
    Published online by Cambridge University Press:
    27 April 2021, pp. 108-114
    Print publication:
    June 1982

  • Third party payment for health services in the United States has created an environment which offers little incentive to health care providers to be efficient. In response, health care policymakers have suggested that increased competition in the health care sector would encourage good managerial practices and improved cost efficiency. In recent years, health care providers that have the ability to provide services in a more cost-efficient manner have emerged; some, including health maintenance organizations and ambulatory surgical centers, have been encouraged by regulatory policy. In addition, a new alternative for the provision of emergency medical services has developed and has generated substantial controversy among physicians, hospitals, government officials, and the public. The entities that comprise this alternative are often collectively referred to as freestanding emergency care centers or “emergicenters.”

    Much of the controversy surrounding emergicenters is caused by the lack of a definition which can be applied to the various emergicenter structures and operations.

  • Patients’ Rights: Informed Consent

  • Barrie R. Cassileth
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 2 / April 1982
    Published online by Cambridge University Press:
    07 April 2021, pp. 54-86
    Print publication:
    April 1982
    • Article
      • You have access
    • PDF
    • Export citation

  • Patients’ Rights: Informed Consent

  • Barrie R. Cassileth
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 2 / April 1982
    Published online by Cambridge University Press:
    27 April 2021, pp. 54-86
    Print publication:
    April 1982
    • Article
      • You have access
    • PDF
    • Export citation

  • Physicians and Nurses: Roles and Responsibilities in Caring for the Critically Ill Patient

  • Inge B. Corless
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 2 / April 1982
    Published online by Cambridge University Press:
    07 April 2021, pp. 72-76
    Print publication:
    April 1982

  • Most health professionals today would agree about the necessity of interdisciplinary health care for clients. The optimal division of labor, however, has been a source of concern if not outright disagreement.

    Literature on “professional status” and on the interrelationships of health professionals abounds, possibly leading one to the impression that everything worth saying has already been said. However, developments in health care and in professional education are of a dynamic rather than of a static nature. For this reason alone a reconsideration of the roles and relationships of health care team members is justified from time to time.

    Determining whether the health care system meets the needs of service recipients is only one important reason for studying role interactions.

  • Current Trends in Workers' Compensation

  • Irvin Stander
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 2 / April 1982
    Published online by Cambridge University Press:
    27 April 2021, pp. 67-93
    Print publication:
    April 1982

  • The Report of the National Commission on State Workers’ Compensation Laws heralded a new era for workers’compensation in the United States. Appointed by the President in 1970, the Commission issued its report in 1972, and pointed out the gross inadequacies of all the state systems. To compel the states to modernize their compensation laws, the Commission established 19 essential recommendations, and placed time limitations on the adoption of these standards by the states, with the threat that if these recommendations were not met by July 1975, the Commission would recommend to Congress that the non-complying state systems be taken over by the federal government and operated under the generally more liberal provisions of the Longshoremen's and Harbor Workers’ Compensation Act.

  • Communication Failure: Some Case Examples

  • Jane Greenlaw
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 2 / April 1982
    Published online by Cambridge University Press:
    27 April 2021, pp. 77-79
    Print publication:
    April 1982

  • Communication is an essential component of effective health care. Ideally, information to ensure continuous safe treatment and to prevent decisions or actions that can be harmful is transmitted among all who are involved in a patient's care, including the patient.

    In the course of a normal day, a nurse processes a great volume of information about a patient. The nurse must decide which information calls for further action, which should be recorded in the patient's record, which should be reported to others involved in the patient's care, and which should be told to the patient or his family. Making such decisions about communication can present serious problems. A recent California case, Sanchez v. Bay General Hospital, illustrates what can happen when nurses fail to recognize the significance of certain patient information and therefore fail to communicate it or react to it properly.

  • Cancer and the Law of Informed Consent

  • Sheila Taub
  • Journal:
    Law, Medicine and Health Care / Volume 10 / Issue 2 / April 1982
    Published online by Cambridge University Press:
    27 April 2021, pp. 61-90
    Print publication:
    April 1982

  • The law of informed consent is in a state of flux. Originally a judicially-created doctrine, the doctrine varies from jurisdiction to jurisdiction in its theoretical basis for imposing liability (battery vs. negligence), the scope of the physician's duty to disclose (the “professional” vs. the. “prudent patient” standard), and, where negligence is the basis for the action, the requirement for finding proximate causation (subjective vs. objective basis). Many states have recently enacted statutes on informed consent which differ markedly in their provisions. Coexistent with this uncertainty about the precise form that the law should take, and perhaps underlying it, is a basic uncertainty about the purposes and rationale behind the informed consent doctrine, the feasibility of executing its dictates, and the effects of its application on the delivery of health care.

Page 196 of 228