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  1. Criminalising Medical Malpractice.Margaret Brazier & Allen & Neil - 2007 - In Charles A. Erin & Suzanne Ost (eds.), The Criminal Justice System and Health Care. Oxford University Press.
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  2. Conflicts-of-Interest Disqualification in Medical Malpractice Litigation.George J. Annas - 1985 - Journal of Law, Medicine & Ethics 13 (5):233-236.
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  3. Doctors Sue Lawyers: Malpractice Inside Out.George J. Annas - 1977 - Hastings Center Report 7 (5):15-16.
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  4. Reconsidering the Harvard Medical Practice Study Conclusions About the Validity of Medical Malpractice Claims.Tom Baker - 2005 - Journal of Law, Medicine & Ethics 33 (3):501-514.
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  5. Reactions of Potential Jurors to a Hypothetical Malpractice Suit Alleging Failure to Perform a Prostate-Specific Antigen Test.Michael J. Barry, Pamela H. Wescott, Ellen J. Reifler, Yuchaio Chang & Benjamin W. Moulton - 2008 - Journal of Law, Medicine & Ethics 36 (2):396-402.
    We conducted focus groups with 47 potential jurors who were presented with diferent scenarios in a hypothetical malpractice case involving failure to order a PSA test. Better documentation that a patient made an informed decision to decline a PSA test appeared to provide more medical-legal protection for physicians, especially with the use of a decision aid.
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  6. Medical Fallibility and Malpractice.M. D. Bayles & A. Caplan - 1978 - Journal of Medicine and Philosophy 3 (3):169-186.
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  7. Criminal Law/Medical Malpractice: Court Strikes Down Murder Conviction of Physician Where Inappropriate Care Led to Patient's Death.Alessia T. Bell - 2000 - Journal of Law, Medicine & Ethics 28 (2):194-195.
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  8. Civil Lawsuits/Malpractice Professional Liability Claims Process.Margaret A. Bogie & Eric C. Marine - 2009 - In Steven F. Bucky (ed.), Ethical and Legal Issues for Mental Health Professionals: In Forensic Settings. Brunner-Routledge.
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  9. Book Review: Suing for Medical Malpractice. [REVIEW]Troyen A. Brennan - 1995 - Journal of Law, Medicine & Ethics 23 (1):96-100.
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  10. Book Review: Suing for Medical Malpractice. [REVIEW]Troyen A. Brennan - 1995 - Journal of Law, Medicine and Ethics 23 (1):96-100.
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  11. Commentary on "Error, Malpractice, and the Problem of Universals".Howard Brody - 1982 - Journal of Medicine and Philosophy 7 (3):251-258.
    Minogue's criticism of MacIntyre and Gorovitz's concept of medicine as a science of individuals is flawed by an assumption of the perfectibility of science that is not well supported by experience to date. More significantly, both Minogue and MacIntyre and Gorovitz have been led astray by choosing to use the malpractice issue as a philosophical point of departure for an inquiry into medical error. The problem of error in medicine, and moral culpability for error, is of great philosophical interest but (...)
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  12. Fracturing the Criminal Law: Disease Control and the Limits of Law‐Making.Simon Bronitt - 1996 - Health Care Analysis 4 (1):59-63.
    The purpose of this article is to explore both the legal difficulties and policy objections in using public nuisance against conduct which exposes others to the risk of contracting a harmful disease. Drawing on the judicial and legislative responses in Australia, Canada, New Zealand and the United Kingdom, I will identify the important issues of legal principle and public policy which must be addressed when considering the imposition of criminal liability in these circumstances.
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  13. The Impact of Defense Expenses in Medical Malpractice Claims.Aaron E. Carroll, Parul Divya Parikh & Jennifer L. Buddenbaum - 2012 - Journal of Law, Medicine & Ethics 40 (1):135-142.
    The objective of this study was to take a closer look at defense-related expenses for medical malpractice cases over time. We conducted a retrospective review of medical malpractice claims reported to the Physician Insurers Association of America's Data Sharing Project with a closing date between January 1, 1985 and December 31, 2008. On average a medical malpractice claim costs more than $27,000 to defend. Claims that go to trial are much more costly to defend than are those that are dropped, (...)
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  14. The Impact of Defense Expenses in Medical Malpractice Claims.Aaron E. Carroll, Parul Divya Parikh & Jennifer L. Buddenbaum - 2012 - Journal of Law, Medicine and Ethics 40 (1):135-142.
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  15. Malpractice Liability for the Failure to Adequately Educate Patients: The Australian Law of “Informed Consent” and Its Implications for American Ethics Committees.Don Chalmers & Robert Schwartz - 1993 - Cambridge Quarterly of Healthcare Ethics 2 (3):371.
    At first glance, the first informed consent case to be decided by the High Court of Australia appears to be little more than a clear and simple description of the substantive law accepted in most American jurisdictions - although that is no small accomplishment in and of itself. In Rogers v. Whitaker, the highest court in Australia succinctly and persuasively rejected informed consent as a species of battery law, accepted it as a form, of ordinary professional negligence law, and adopted (...)
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  16. Medical Malpractice Implications of PSA Testing for Early Detection of Prostate Cancer.Mary McNaughton Collins, Floyd J. Fowler, Richard G. Roberts, Joseph E. Oesterling, George J. Annas & Michael J. Barry - 1997 - Journal of Law, Medicine & Ethics 25 (4):234-242.
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  17. Should Physicians Have the Right to Approve Insurance Settlements for Their Alleged Malpractice?James P. Connors & Marvin S. Fish - 1981 - Journal of Law, Medicine & Ethics 9 (6):30-42.
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  18. The Lawyer's Duty to Inform His Client of His Own Malpractice.Benjamin P. Cooper - unknown
    Every big-firm litigation partner has received the call from his colleague in the corporate department: "The big deal that I was working on fell apart, and now the client has been sued. Can you handle the litigation?" While this turn of events is not good news for the client, it is not necessarily bad news for the law firm, which may now be looking forward to lengthy litigation and big fees. Because of that, the litigation partner's response is usually the (...)
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  19. The "Crisis"in Medical Malpractice: A Comparison of Trends in the United States, Canada, the United Kingdom and Australia.Patricia M. Danzon - 1990 - Journal of Law, Medicine & Ethics 18 (1-2):48-58.
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  20. Act First and Look Up the Law Afterward?: Medical Malpractice and the Ethics of Defensive Medicine. [REVIEW]Kenneth De Ville - 1998 - Theoretical Medicine and Bioethics 19 (6):569-589.
    This essay examines the so-called phenomenon of defensive medicine and the problematic aspects of attempting to maintain the safest legal position possible. While physicians face genuine litigation threats they frequently overestimate legal peril. Many defensive practices are benign, but others alter patient care and increase costs in ways that are ethically suspect. Physicians should learn to evaluate realistically the legal risks of their profession and weigh the emotional, physical, and financial costs to the patient before employing a defensive measure.
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  21. Health Care Law: Introduction.Linda Delaney - 1996 - Health Care Analysis 4 (1):63-64.
    Determining appropriate legal responses to the conduct of health care workers who endanger patients continues to provoke fierce debate. This is particularly true in the context of criminal law, which offers punishment as an obvious strategy.
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  22. Can or Should a Hospital Require its Medical Staff to Obtain Malpractice Insurance?A. Edward Doudera - 1978 - Journal of Law, Medicine & Ethics 6 (2):16-17.
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  23. Legislative Efforts to Reform Medical Malpractice: Unconstitutional in Practice?Lee J. Dunn - 1980 - Journal of Law, Medicine & Ethics 8 (4):8-10.
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  24. State Tort Reforms and Hospital Malpractice Costs.Charles R. Ellington, Martey Dodoo, Robert Phillips, Ronald Szabat, Larry Green & Kim Bullock - 2010 - Journal of Law, Medicine & Ethics 38 (1):127-133.
    This study explored the relation between state medical liability reform measures, hospital malpractice costs, and hospital solvency. It suggests that state malpractice caps are desirable but not essential for improved hospital financial solvency or viability.
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  25. Physicians and Strikes: Can a Walkout Over the Malpractice Crisis Be Ethically Justified?Autumn Fiester - 2004 - American Journal of Bioethics 4 (1):12 – 16.
    Malpractice insurance rates have created a crisis in American medicine. Rates are rising and reimbursements are not keeping pace. In response, physicians in the states hardest hit by this crisis are feeling compelled to take political action, and the current action of choice seems to be physician strikes. While the malpractice insurance crisis is acknowledged to be severe, does it justify the extreme action of a physician walkout? Should physicians engage in this type of collective action, and what are the (...)
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  26. Malpractice Arbitration: A Response.Arthur S. Frankston - 1980 - Journal of Law, Medicine & Ethics 8 (5):2-2.
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  27. Quality Control in Health Care: Developments in the Law of Medical Malpractice.Barry R. Furrow - 1993 - Journal of Law, Medicine & Ethics 21 (2):173-192.
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  28. Diminished Lives and Malpractice: Courts Stalled in Transition.Barry R. Furrow - 1982 - Journal of Law, Medicine & Ethics 10 (3):100-107.
    Medicine is still largely a pre-Darwin, pre-Newton enterprise…. We do not yet understand the underlying mechanisms of the major illnesses which plague humanity, and therefore much of what is done in the treatment of illness must still be empirical, trial and error therapy. We are compelled by our limitations to resort to shoring things up, applying halfway technology, trying to fix things after the fact.
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  29. Iatrogenesis and Medical Error: The Case for Medical Malpractice Litigation.Barry R. Furrow - 1981 - Journal of Law, Medicine & Ethics 9 (6):4-7.
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  30. Legal Views of the Malpractice Crisis Tort Reform From Within.Aaron Gershonowitz - 1986 - Journal of Law, Medicine & Ethics 14 (2):80-82.
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  31. Judicial Review of Malpractice Reform Legislation: The Story so Far.Jay Alexander Gold - 1977 - Journal of Law, Medicine & Ethics 5 (1):5-6.
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  32. The Malpractice Standard Under Health Care Cost Containment.Mark A. Hall - 1989 - Journal of Law, Medicine & Ethics 17 (4):347-355.
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  33. Medical Malpractice in the People's Republic of China: The 2002 Regulation on the Handling of Medical Accidents.Dean M. Harris & Chien-Chang Wu - 2005 - Journal of Law, Medicine & Ethics 33 (3):456-477.
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  34. The Medical Malpractice Insurance Crisis, Again.David N. Hoffman - 2005 - Hastings Center Report 35 (2):15-19.
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  35. Scientific Dishonesty—a Nationwide Survey of Doctoral Students in Norway.Bjørn Hofmann, Anne Ingeborg Myhr & Søren Holm - 2013 - BMC Medical Ethics 14 (1):3-.
    Background: The knowledge of scientific dishonesty is scarce and heterogeneous. Therefore this study investigates the experiences with and the attitudes towards various forms of scientific dishonesty among PhD-students at the medical faculties of all Norwegian universities.MethodAnonymous questionnaire distributed to all post graduate students attending introductory PhD-courses at all medical faculties in Norway in 2010/2011. Descriptive statistics. Results: 189 of 262 questionnaires were returned (72.1%). 65% of the respondents had not, during the last year, heard or read about researchers who committed (...)
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  36. Psychiatric Malpractice.Edmund G. Howe - 1998 - Journal of Law, Medicine & Ethics 26 (1):65-67.
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  37. Capping the Crisis: Medical Malpractice and Tort Reform.Gail Javitt & Elaine Lu - 1992 - Journal of Law, Medicine & Ethics 20 (3):258-261.
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  38. Medical Malpractice and the Legal Standard of Care.Gary E. Jones - 1989 - Journal of Medical Humanities 10 (1):45-54.
    In this essay, I examine the relationship between lawsuits for medical malpractice and the legal standard of care. I suggest that there is an insidious, dynamic relationship between physicians' reactions to the recent increase in malpractice litigation and an artificial elevation of the legal standard of care. Since, that is, the legal standard for proper medical care is based upon the community standard of care rather than the reasonable person standard, to the extent that overtreatment or “defensive” medicine becomes widespread (...)
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  39. Physician Responses to the Malpractice Crisis: From Defense to Offense.Allen Kachalia, Niteesh K. Choudhry & David M. Studdert - 2005 - Journal of Law, Medicine & Ethics 33 (3):416-428.
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  40. Solving the Medical Malpractice Problem: Difficulties in Defining What "Works".Marshall B. Kapp - 1989 - Journal of Law, Medicine & Ethics 17 (2):156-165.
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  41. Are Medical Malpractice Damages Caps Constitutional? An Overview of State Litigation.Carly N. Kelly & Michelle M. Mello - 2005 - Journal of Law, Medicine & Ethics 33 (3):515-534.
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  42. Medical Malpractice Law, A Comparative Law Study of Civil Responsibility Arising From Medical Care.L. Kilbrandon - 1982 - Journal of Medical Ethics 8 (1):51-51.
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  43. Clinical Ethics in Assisting Euthanasia: Avoiding Malpractice in Drug Application.Gerrit K. Kimsma - 1992 - Journal of Medicine and Philosophy 17 (4):439-443.
    The debate on the ethical permissibility of euthanasia in medicine has a corollary in the ethical application of drugs. The overall moral limits of medical treatment apply evenly to the moral acceptability of the pharmacological aspect of the act of euthanasia. The pharmacological aspect of the act is of ethical importance not only for the person requesting an active ending of his or her life, but also for the grieving family. Keywords: effectivity, ideal euthanaticum, patient's/family's interest, pharmacology of euthanasia, routes (...)
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  44. A Survey of Physician Training Programs in Risk Management and Communication Skills for Malpractice Prevention.Frank V. Lefevre, Teresa M. Waters & Peter P. Budetti - 2000 - Journal of Law, Medicine & Ethics 28 (3):258-266.
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  45. Variations on $962,258: The Misuse of Data on Medical Malpractice.A. Russell Localio - 1985 - Journal of Law, Medicine & Ethics 13 (3):126-127.
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  46. Medical Ethics and Media-Created Crisis: A Case Study in Medical Malpractice Reform.Daniel Lorence, Robert Jameson & Jeanine Palilla - 2009 - Studies in Ethics, Law, and Technology 3 (2).
    The objective of this study was to determine the extent of decline in level of access and quality of services reported by healthcare consumers during a media campaign to limit recovery for damages incurred through medical malpractice. Serving as a natural experiment, this campaign involved a widely publicized statewide "malpractice crisis," promoted as causing mass exodus of medical providers from the state. The resulting reduction in services, especially for the most underserved areas and populations, though unproven, had been touted as (...)
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  47. Second Circuit Permits State Malpractice Suit Against HMO.Anna Lumelsky - 2003 - Journal of Law, Medicine & Ethics 31 (4):734-736.
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  48. Medical Malpractice, Mistake Prevention, and Compensation.Thomas May & Mark P. Aulisio - 2001 - Kennedy Institute of Ethics Journal 11 (2):135-146.
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  49. Medical Practice Guidelines as Malpractice Safe Harbors: Illusion or Deceit?Maxwell J. Mehlman - 2012 - Journal of Law, Medicine & Ethics 40 (2):286-300.
    American medicine has long sought to control the standard of care that physicians are expected to provide to their patients. One effort to insulate the standard of care from external interference, called a “safe harbors” approach, would enable physicians to avoid liability for malpractice if they adhered to medical practice guidelines. The idea is to eliminate the “battle of experts” and reduce defensive medicine by requiring judges and juries to accept guidelines as conclusive evidence of the standard of care. Yet (...)
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  50. Managing Malpractice Crises.Michelle M. Mello - 2005 - Journal of Law, Medicine & Ethics 33 (3):414-415.
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