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  1. Aristotle on the Nature and Politics of Medicine.Samuel H. Baker - forthcoming - Apeiron.
    According to Aristotle, the medical art aims at health, which is a virtue of the body, and does so in an unlimited way. Consequently, medicine does not determine the extent to which health should be pursued, and “mental health” falls under medicine only via pros hen predication. Because medicine is inherently oriented to its end, it produces health in accordance with its nature and disease contrary to its nature—even when disease is good for the patient. Aristotle’s politician understands that this (...)
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  2. The patient’s right to informed consent in the US Legal System. Genesis, development, foundations and brief questioning comparison with the Spanish model.Noelia Martinez-Doallo - 2020 - Derecho y Salud 30 (2):57-83.
    A legal analysis on the informed consent of the patient primarily requires considering the common law, regardless of solutions provided by the malpractice statutes and a promising constitutional protection route, despite the ascertainment of some preventable shortcomings. This paper aims to offer a comprehensive review on the genesis, advancement and basis of the U.S. legal protection of the informed consent in the healthcare extent, to afterwards carry out a brief comparative study with the Spanish regulation.
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  3. No Blame No Gain? From a No Blame Culture to a Responsibility Culture in Medicine.Joshua Parker & Ben Davies - 2020 - Journal of Applied Philosophy 37 (4):646-660.
    Healthcare systems need to consider not only how to prevent error, but how to respond to errors when they occur. In the United Kingdom’s National Health Service, one strand of this latter response is the ‘No Blame Culture’, which draws attention from individuals and towards systems in the process of understanding an error. Defences of the No Blame Culture typically fail to distinguish between blaming someone and holding them responsible. This article argues for a ‘responsibility culture’, where healthcare professionals are (...)
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  4. The History of Methylprednisolone, Ascorbic Acid, Thiamine, and Heparin Protocol and I-MASK+ Ivermectin Protocol for COVID-19.Mika Turkia - 2020 - Cureus 12 (12):e12403.
    An alliance of established experts on critical care, Front Line COVID-19 Critical Care Alliance (FLCCC), has published two protocols for treatment of COVID-19. The first one, methylprednisolone, ascorbic acid, thiamine, and heparin (MATH+), is intended for hospital and intensive care unit treatment of pulmonary phases of the disease. It is based on affordable, commonly available components: anti-inflammatory corticosteroids (methylprednisolone, "M"), high-dose vitamin C infusion (ascorbic acid, "A"), vitamin B1 (thiamine, "T"), anticoagulant heparin ("H"), antiparasitic agent ivermectin, and supplemental components ("+") (...)
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  5. 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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  6. Wrongful Life Claims and Negligent Selection of Gametes or Embryos in Infertility Treatments: A Quest for Coherence.Noam Gur - 2014 - Journal of Law and Medicine 22:426-441.
    This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...)
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  7. 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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  8. Paternalismus, Zwang Und Manipulation in der Psychatrie.Thomas Schramme - 2013 - In Johann Ach (ed.), Grenzen der Selbstbestimmung in der Medizin. Mentis. pp. 263-281.
  9. 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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  10. 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.
    Whenever health care reform is debated, the state of the medical professional liability system in the United States re-emerges as an issue of importance. What exactly is broken with the MPL system and what the implications are is a point of contention among different stakeholder groups. Recent data demonstrate that medical liability premiums have been improving in recent years and the majority of premiums remained flat in 2010. General agreement still exists, however, that medical professional liability insurance premiums have become (...)
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  11. 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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  12. 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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  13. 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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  14. 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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  15. Unethical Aspects of Homeopathic Dentistry.David Shaw - 2010 - British Dental Journal 209 (10):493-496.
    In the last year there has been a great deal of public debate about homeopathy. The House of Commons Select Committee on Science and Technology concluded in November that there is no evidence base for homeopathy, and agreed with some academic commentators that homeopathy should not be funded by the NHS.i ii While homeopathic doctors and hospitals are quite commonplace, some might be surprised to learn that there are also many homeopathic dentists practicing in the UK. This paper examines some (...)
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  16. 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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  17. 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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  18. 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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  19. Medical Ethics and Media-Created Crisis: A Case Study in Medical Malpractice Reform.Daniel Lorence, Robert Jameson & Jeanine Palilla - 2009 - Law and Ethics of Human Rights 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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  20. 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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  21. 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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  22. 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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  23. 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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  24. 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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  25. 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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  26. 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.
    Over fifteen years after first reporting to the State of New York, the Harvard Medical Practice Study continues to have a significant impact in medical malpractice policy debates. In those debates the HMPS has come to stand for four main propositions. First, “medical injury… accounts for more deaths than all other kinds of accidents combined” and “more than a quarter of those were caused by substandard care.” Second, the vast majority of people who are injured as result of substandard care (...)
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  27. 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.
    In China, there have been numerous reports that doctors or other health care workers have been attacked by patients or members of patient’s families. From 2000 to 2003, there were 502 reports of violence against health care workers in the city of Beijing, in which 90 health care workers were wounded or disabled. From January 1991 to July 2001, in Hubei Province, 568 attacks on health care facilities and workers were reported, and some health care workers were even killed. In (...)
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  28. The Medical Malpractice Insurance Crisis, Again.David N. Hoffman - 2005 - Hastings Center Report 35 (2):15-19.
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  29. 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.
    Medical science brings innovations in patient care at an astounding pace today - new chemotherapeutic agents, coated stents, and minimally invasive surgery are just few recent examples. For physicians, though, the specter of malpractice liability can overshadow the marvel of practicing in this era. Many physicians are working in a volatile liability environment; they face spiraling costs for malpractice insurance, have difficulties purchasing liability coverage at any price, and see record payouts in a growing number of claims against their colleagues. (...)
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  30. 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.
    The United States is in its fifth year of what is now widely referred to as “the new medical malpractice crisis.” Although some professional liability insurers have begun to report improvements in their overall financial margins, there are few signs that the trend toward higher costs is reversing itself - particularly for doctors and hospitals. In 2003-2004, the presidential election and tort reform proposals in Congress brought heightened public attention to the need for some type of policy intervention to ease (...)
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  31. Managing Malpractice Crises.Michelle M. Mello - 2005 - Journal of Law, Medicine and Ethics 33 (3):414-415.
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  32. Is There a Medical Malpractice Crisis in the UK?Kay Wheat - 2005 - Journal of Law, Medicine and Ethics 33 (3):444-455.
    It is often thought that there is a “crisis” or something akin to this in the field of medical malpractice in the USA and from time to time, as will be shown, there are suggestions that a similar situation could exist in the UK. This paper will examine what might be meant by the expressions “malpractice” and “crisis” in relation to the UK. It will be argued that there is no evidence to suggest that anything as dramatic as a crisis (...)
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  33. Is There a Medical Malpractice Crisis in the UK?Kay Wheat - 2005 - Journal of Law, Medicine and Ethics 33 (3):444-455.
    It is often thought that there is a “crisis” or something akin to this in the field of medical malpractice in the USA and from time to time, as will be shown, there are suggestions that a similar situation could exist in the UK. This paper will examine what might be meant by the expressions “malpractice” and “crisis” in relation to the UK. It will be argued that there is no evidence to suggest that anything as dramatic as a crisis (...)
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  34. 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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  35. Litigation in Clinical Research: Malpractice Doctrines Versus Research Realities.E. Haavi Morreim - 2004 - Journal of Law, Medicine and Ethics 32 (3):474-484.
    Human clinical research trials, by which corporations, universities, and research scientists bring new drugs, devices, and procedures into the practice and marketplace of medicine, have become a huge business. The National Institutes of Health doubled its spending over the past five years, while in the private sector the top twenty pharmaceutical companies have more than doubled their investment in research and development over a roughly comparable period. To date, some twenty million Americans have participated in clinical research trials that now (...)
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  36. Second Circuit Permits State Malpractice Suit Against HMO.Anna Lumelsky - 2003 - Journal of Law, Medicine and Ethics 31 (4):734-736.
    On February 11, 2003, the Second Circuit ruled in Cicio v. Vytra Healthcare that patients may in some cases sue health maintenance organizations for medical malpractice under state law. The decision is particularly notable for opening the door to state tort claims in an area that had heen considered preempted by the Employee Retirement Income Security Act of 1974.ERISA is a federal statute that regulates employee benefit plans, establishing a complex set of rules and minimum standards for most health and (...)
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  37. 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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  38. Malpractice: Ruling on State-Agent Immunity Overturned in Alabama.Neeta Toprani - 2001 - Journal of Law, Medicine and Ethics 28 (s4):109-110.
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  39. 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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  40. 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.
    On March 29,2000, in U.S. v. Wood, the U.S. Court of Appeals for the Tenth Circuit held that a physician cannot be convicted of murder simply for adopting, in an emergency setting, a risky course of treatment intended to prolong life that, when carried out, effectively hastened death. Finding the government's evidence flawed, based on several evidentiary errors and an erroneous denial of a motion for judgment of acquittal on murder charges, the court reversed the conviction of involuntary manslaughter and (...)
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  41. 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.
    Malpractice lawsuits serve as a great source of pain, consternation and loss for physicians and patients alike, usually leaving all parties involved in the process with a sense of betrayal. A significant number of physicians will be sued at least once in their career, especially if they practice in some of the more vulnerable specialties. In addition, there is some evidence that the threat of malpractice lawsuits changes the practice style of many physicians, leading to the practice of “defensive medicine” (...)
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  42. 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.
    The Court of Appeals of Indiana upheld the trial court's judgment and refused to create a new tort for “wrongful prolongation of life” because existing law offers a remedy to those who do not wish to be kept alive through artificial measures. Specifically, the court affirmed the trial court's dismissal in favor of Muncie Medical Investors, LP, the operator of Woodlands Nursing Home since the plaintiffs could have sought relief under I.C. § 16-36-1-8 which provides for court resolution of disputes (...)
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  43. 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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  44. 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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  45. 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.
    Prostate cancer has become a major health concern of male Americans. It is now the most common nondermatologic cancer and the second leading cause of cancer death among men. The incidence of detected prostate cancer rose rapidly in recent years, partly because of prostate-specific antigen testing; it is only now tapering off. Screening for prostate cancer with PSA is widespread in the United States, yet controversial: the American Urological Association recommends PSA screening and the American Cancer Society recommends offering screening; (...)
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  46. Health Care Law: 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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  47. 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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  48. Health Care Law: Medical Manslaughter Law Reform: A Mistaken Diagnosis.Ron Paterson - 1996 - Health Care Analysis 4 (1):54-59.
    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. In the first of three papers which make up this issue's extended Health Care Law feature, Professor Alexander McCall Smith and Dr Alan Merry argue against the prosecution of health care workers except in circumstances where there is very dear evidence of a culpable frame (...)
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  49. 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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  50. Book Review: Suing for Medical MalpracticeSloanFrank A., GithensPenny B., ClaytonEllen Wright, HicksonGerald B., GentileDouglas A., and PartlettDavid F., Suing for Medical Mafpractice , 258 Pp. [REVIEW]Troyen A. Brennan - 1995 - Journal of Law, Medicine and Ethics 23 (1):96-100.
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