Medical Malpractice

medical jurisprudence

medical jurisprudence or forensic medicine, the application of medical science to legal problems. It is typically involved in cases concerning blood relationship, mental illness, injury, or death resulting from violence. Autopsy (see post-mortem examination) is often used to determine the cause of death, particularly in cases where foul play is suspected. Post-mortem examination can determine not only the immediate agent of death (e.g. gunshot wound, poison), but may also yield important contextual information, such as how long the person has been dead, which can help trace the killing. Forensic medicine has also become increasingly important in cases involving rape. Modern techniques use such specimens as semen, blood, and hair samples of the criminal found in the victim's bodies, which can be compared to the defendant's genetic makeup through a technique known as DNA fingerprinting; this technique may also be used to identify the body of a victim. The establishment of serious mental illness by a licensed psychologist can be used in demonstrating incompetency to stand trial, a technique which may be used in the insanity defense (see insanity), albeit infrequently.

See C. C. Malik, A Short Textbook of Medical Jurisprudence (1985); C. Wecht, ed., Legal Medicine (1987).

The Columbia Encyclopedia, 6th ed. Copyright© 2014, The Columbia University Press.

Selected full-text books and articles on this topic

Unhealed Wounds: Medical Malpractice in the Twentieth Century
Neal C. Hogan.
LFB Scholarly, 2003
The Medical Malpractice Myth
Tom Baker.
University of Chicago Press, 2007
Accountability: Patient Safety and Policy Reform
Virginia A. Sharpe.
Georgetown University Press, 2004
Medical Malpractice: A Comprehensive Analysis
Vasanthakumar N. Bhat.
Auburn House, 2001
The Cure for What Ails: A Realistic Remedy for the Medical Malpractice "Crisis"
Williams, Alan G.
Stanford Law & Policy Review, Vol. 23, No. 2, Spring 2012
Medical Malpractice Liability and Physician Migration
Perry, John J.; Clark, Christopher.
Business Economics, Vol. 47, No. 3, July 2012
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
The Medical Malpractice Insurance Crisis, Again
Hoffman, David N.
The Hastings Center Report, Vol. 35, No. 2, March-April 2005
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
Medical Malpractice Litigation and Tort Reform: It's the Incentives, Stupid
Hyman, David A.; Silver, Charles.
Vanderbilt Law Review, Vol. 59, No. 4, May 2006
Medical Malpractice Overseas: The Legal Uncertainty Surrounding Medical Tourism
Mirrer-Singer, Philip.
Law and Contemporary Problems, Vol. 70, No. 2, Spring 2007
Nurses, Medical Errors, and the Culture of Blame
Ramsey, Gloria.
The Hastings Center Report, Vol. 35, No. 2, March-April 2005
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
The Doctors' Big Squeeze: Huge Increases in Medical Malpractice Insurance Rates Are Driving Doctors out of Business. What's the Answer?
Boulard, Garry.
State Legislatures, Vol. 28, No. 10, December 2002
The Practice of Uncertainty: Voices of Physicians and Patients in Medical Malpractice Claims
Stephen L. Fielding.
Auburn House, 1999
Male and Female Recoveries in Medical Malpractice Cases
Simmons, Walter; Emanuele, Rosemarie.
Review of Social Economy, Vol. 62, No. 1, March 2004
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
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