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  1. added 2019-01-31
    Book Review: Psychiatric Malpractice: Psychiatric Malpractice: Stories of Patients, Psychiatrists, and the Law. [REVIEW]Edmund G. Howe - 1998 - Journal of Law, Medicine and Ethics 26 (1):65-67.
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  2. added 2018-12-03
    Aristotle and Principlism in Bioethics.Joseph Cimakasky & Ronald Polansky - 2015 - Diametros 45:59-70.
    Principlism, a most prominent approach in bioethics, has been criticized for lacking an underlying moral theory. We propose that the four principles of principlism can be related to the four traditional cardinal virtues. These virtues appear prominently in Plato's Republic and in Aristotle's Nicomachean Ethics. We show how this connection can be made. In this way principlism has its own compelling ethical basis.
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  3. added 2018-09-07
    Quality Control in Health Care: Developments in the Law of Medical Malpractice.Barry R. Furrow - 1993 - Journal of Law, Medicine and Ethics 21 (2):173-192.
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  4. added 2018-06-06
    Maintaining Therapeutic Boundaries: The Motive is Therapeutic Effectiveness, Not Defensive Practice.Debra S. Borys - 1994 - Ethics and Behavior 4 (3):267 – 273.
    In his article "How Certain Boundaries and Ethics Diminish Therapeutic Effectiveness", Lazarus asserts that many clinicians are adhering to strict therapeutic boundaries and ethics in a fear-driven effort to avoid unwarranted malpractice claims. Although I agree that maintenance of conventional therapeutic boundaries is apt to minimize malpractice claims in most cases, I believe that is because such boundaries are critical to protect patients' welfare and thereby promote effective treatment. My reasoning, discussed next, revolves around the following premises: 1. For many, (...)
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  5. added 2018-02-02
    Historia de la ética en investigación con seres humanos.Jorge Álvarez, Fernando Lolas & Delia Outomuro - 2006 - In Fernando Lolas, Alvaro Quezada & Eduardo Rodríguez (eds.), Investigación En Salud: Dimensión Ética. Santiago: Cieb, Universidad de Chile. pp. 39-46.
    Una mirada a la historia de la investigación con seres humanos nos revela que la ética (al menos entendida como el ethos de una comunidad) ha estado siempre presente de uno u otro modo. No obstante, también son numerosas las situaciones en las que las pautas morales son sistemáticamente transgredidas.
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  6. added 2017-08-08
    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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  7. added 2017-08-08
    Medical Manslaughter Law Reform: A Mistaken Diagnosis.Ron Paterson - 1996 - Health Care Analysis 4 (1):54-59.
    'A highly regarded anaesthetist at the height of his abilities has recently faced charges of the manslaughter of a moribund 82-year-old lady who died during the course of an operation for gangrenous bowel'. The language used by McCall Smith and Merry to open their argument for change to New Zealand's manslaughter laws is revealing. Why should it matter that the anaesthetist was 'highly regarded' and 'at the height of his abilities'? Should the criminal law be reserved for lesser mortals who (...)
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  8. added 2017-08-08
    Medical Accountability and the Criminal Law: New Zealand Vs the World.Alexander McCall Smith & Alan Merry - 1996 - Health Care Analysis 4 (1):45-54.
    There can be no disputing the proposition that doctors and nurses should be held accountable for their professional activities. In most circumstances this accountability should be achieved through appropriate and effective complaints and disciplinary procedures, but there will be cases where the criminal law should become involved. The criminal law, however, is a serious weapon, and should only be used to punish those whose conduct is truly criminal; it should not be used against those who have merely made a human (...)
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  9. added 2017-08-08
    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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  10. added 2017-01-15
    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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  11. added 2017-01-15
    Is There a Medical Malpractice Crisis in the UK?Kay Wheat - 2005 - Journal of Law, Medicine and Ethics 33 (3):444-455.
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  12. added 2017-01-15
    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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  13. added 2017-01-15
    Designated Compensable Events: A No-Fault Approach to Medical Malpractice.Laurence R. Tancredi - 1982 - Journal of Law, Medicine and Ethics 10 (6):200-203.
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  14. added 2017-01-15
    Malpractice Countersuits: Succeeding at Last?Sheila Taub - 1981 - Journal of Law, Medicine and Ethics 9 (4):17-20.
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  15. added 2016-12-08
    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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  16. added 2015-03-24
    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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  17. added 2015-03-23
    Medical Malpractice.Frank A. Sloan & Lindsey M. Chepke - 2008 - MIT Press.
    Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past efforts (...)
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  18. added 2014-04-02
    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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  19. added 2014-04-01
    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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  20. added 2014-03-31
    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 and Ethics 25 (4):234-242.
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  21. added 2014-03-29
    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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  22. added 2014-03-27
    Malpractice and Negligence: Estate of Taylor V. Muncie Medical Investors, L.P.Stefanie Roberti - 2000 - Journal of Law, Medicine and Ethics 28 (2):195-197.
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  23. added 2014-03-27
    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 and Ethics 28 (3):258-266.
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  24. added 2014-03-27
    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 and Ethics 28 (2):194-195.
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  25. added 2014-03-26
    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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  26. added 2014-03-23
    Second Circuit Permits State Malpractice Suit Against HMO.Anna Lumelsky - 2003 - Journal of Law, Medicine and Ethics 31 (4):734-736.
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  27. added 2014-03-22
    Litigation in Clinical Research: Malpractice Doctrines Versus Research Realities.E. Haavi Morreim - 2004 - Journal of Law, Medicine and Ethics 32 (3):474-484.
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  28. added 2014-03-21
    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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  29. added 2014-03-20
    The Medical Malpractice Insurance Crisis, Again.David N. Hoffman - 2005 - Hastings Center Report 35 (2):15-19.
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  30. added 2014-03-11
    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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  31. added 2014-03-06
    Medical Error, Malpractice and Complications: A Moral Geography. [REVIEW]David M. Zientek - 2010 - HEC Forum 22 (2):145-157.
    This essay reviews and defines avoidable medical error, malpractice and complication. The relevant ethical principles pertaining to unanticipated medical outcomes are identified. In light of these principles I critically review the moral culpability of the agents in each circumstance and the resulting obligations to patients, their families, and the health care system in general. While I touch on some legal implications, a full discussion of legal obligations and liability issues is beyond the scope of this paper.
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  32. added 2014-03-06
    Serious Professional Misconduct and the Need for an Apology.Demian Whiting - 2010 - Clinical Ethics 5 (3):130-135.
    In this paper I argue that doctors who are found guilty of serious professional misconduct should be required to apologize as a condition of their registration. I argue that such a requirement is to be justified on the basis of the need to protect patients, maintain public confidence in the profession, and declare and uphold proper standards of conduct and behaviour. I also answer an objection that might be made to the position I defend. Finally, I consider whether there should (...)
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  33. added 2013-11-22
    Medical Practice Guidelines as Malpractice Safe Harbors: Illusion or Deceit?Maxwell J. Mehlman - 2012 - Journal of Law, Medicine and 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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  34. added 2013-11-22
    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.
    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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  35. added 2013-11-22
    Improve Medical Malpractice Law by Letting Health Care Insurers Take Charge.Kenneth S. Reinker & David Rosenberg - 2011 - Journal of Law, Medicine and Ethics 39 (3):539-542.
    This essay discusses unlimited insurance subrogation (UIS) as a means of improving the deterrence and compensation results of medical malpractice law. Under UIS, health care insureds could assign their entire potential medical malpractice claims to their first-party commercial and government insurers. UIS should improve deterrence by establishing first-party insurers as plaintiffs to confront liability insurers on the defense side, leading to more effective prosecution of meritorious claims and reducing meritless and unnecessary litigation. UIS should improve compensation outcomes by converting litigation (...)
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  36. added 2013-11-22
    Healthcare Crime: Investigating Abuse, Fraud, and Homicide by Caregivers.Kelly Pyrek - 2011 - Crc Press.
    Healthcare trends, stressors, and workplace violence -- Patient privacy and exploitation -- Abuse and assault -- Fraud and theft -- Suspicious death and homicide -- Investigations, sanctions, and discipline -- Prevention strategies and the future of healthcare crime.
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  37. added 2013-11-22
    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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  38. added 2013-11-22
    Medical Fallibility and Malpractice.M. D. Bayles & A. Caplan - 1978 - Journal of Medicine and Philosophy 3 (3):169-186.
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  39. added 2013-11-22
    Doctors Sue Lawyers: Malpractice Inside Out.George J. Annas - 1977 - Hastings Center Report 7 (5):15-16.
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  40. added 2011-05-31
    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 and 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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  41. added 2011-05-31
    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 and 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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  42. added 2011-05-31
    Research Malpractice and the Issue of Incidental Findings.Alan C. Milstein - 2008 - Journal of Law, Medicine and Ethics 36 (2):356-360.
    Human subject research involving brain imaging is likely to reveal signifcant incidental fndings of abnormal brain morphology. Because of this fact and because of the fduciary relationship between researcher and subject, board-certi-fed or board-eligible radiologists should review the scans to look for any abnormality, the scans should be conducted in accordance with standard medical practice for reviewing the clinical status of the whole brain, and the informed consent process should disclose the possibility that incidental fndings may be revealed and what (...)
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  43. added 2011-05-31
    Nietzsche's Morality: A Genealogy of Medical Malpractice.T. J. Papadimos - 2006 - Medical Humanities 32 (2):107-110.
    Medical malpractice is of increasing concern and 60 billion dollars are added annually to healthcare costs. The practice of defensive medicine, decreased availability of doctors, and increased health insurance premiums are all results of medical malpractice. An argument is made from the perspective of Friedrich Nietzsche’s On the Genealogy of Morals that a primal cause of the litigiousness of the public against doctors results from resentment or “ressentiment”. The relationship of promises, responsibility, and guilt between doctors and patients is explored, (...)
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  44. added 2011-05-31
    Physician Responses to the Malpractice Crisis: From Defense to Offense.Allen Kachalia, Niteesh K. Choudhry & David M. Studdert - 2005 - Journal of Law, Medicine and Ethics 33 (3):416-428.
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  45. added 2011-05-31
    Is There a Medical Malpractice Crisis in the UK?Kay Wheat - 2005 - Journal of Law, Medicine and Ethics 33 (3):444-455.
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  46. added 2011-05-31
    Reconsidering the Harvard Medical Practice Study Conclusions About the Validity of Medical Malpractice Claims.Tom Baker - 2005 - Journal of Law, Medicine and Ethics 33 (3):501-514.
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  47. added 2011-05-31
    Managing Malpractice Crises.Michelle M. Mello - 2005 - Journal of Law, Medicine and Ethics 33 (3):414-415.
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  48. added 2011-05-31
    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 and Ethics 33 (3):456-477.
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  49. added 2011-05-31
    Are Medical Malpractice Damages Caps Constitutional? An Overview of State Litigation.Carly N. Kelly & Michelle M. Mello - 2005 - Journal of Law, Medicine and Ethics 33 (3):515-534.
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  50. added 2011-05-31
    Malpractice: Damages Limited to Amount That Medicare Paid Out.Kate Welti - 2001 - Journal of Law, Medicine and Ethics 28 (s4):112-113.
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