Issues in Law & Medicine

Journal covering legal and ethical issues in the delivery of medical care.

Articles from Vol. 19, No. 2, Fall

66 Federal Credit Union V. Tucker *
HELD: Mississippi's wrongful death statute includes the death of a non-viable pre-born child that is "quick" in the womb. Tracy Tucker bought an automobile from a dealership in Cleveland, Mississippi. She financed the purchase through the 66 Federal...
Ellen Sheehy et Al., Estimating the Number of Potential Organ Donors in the United States
349 NEW ENG. J. MED. 667 (2003). As the need for transplantable organs increases, waiting lists of patients become longer. The authors studied the size and composition of the national pool of brain-dead potential organ donors during a three-year...
Grubbs V. Barbourville Family Health Center *
HELD: There is no recognition of wrongful birth or wrongful life claims based on a doctor's negligent failure to diagnose an incurable birth defect in a prenatal exam, as in such cases this failure could not be considered a cause of the condition....
H. E. Emson, It Is Immoral to Require Consent for Cadaver Organ Donation
29 J. MED. ETHICS 125 (2003). The author believes that any concept of property in the human body either during life or after death is biologically inaccurate and morally wrong. The body should be regarded as on loan to the individual from the biomass,...
In Re Guardianship of Theresa Marie Schiavo: Brief of Amici Curiae Not Dead Yet et Al
Introduction and Statement of Interest Amici are among the nation's leading organizations representing people with disabilities. (1) Most are governed and staffed by a majority of people with disabilities of all types, including people with severe...
In Re Guardianship of Theresa Marie Schiavo: Opinion of the Court of Appeal of Florida
Robert and Mary Schindler appeal the guardianship court's order denying their motion for relief from a judgment that ordered their daughter's guardian to with draw life-prolonging procedures. We have carefully reviewed all aspects of the record on...
Legal Anxieties and End-of-Life Care in Nursing Homes
Abstract: Many persons spend their final days as nursing home residents. It has been suggested that one set of factors powerfully and unfavorably influencing the quality of end-of-life (EOL) care provided in American nursing homes involves the anxieties...
M. D. D. Bell, Non-Heart Beating Organ Donation: Old Procurement Strategy-New Ethical Problems
29 J. MED. ETHICS 176 (2003). The imbalance between supply of organs for transplantation and demand for them is widening. Although the current international drive to re-establish procurement via non-heart beating organ donation/donor is founded...
Miller V. HCA, Inc. *
HELD: Premature infant could not be fully evaluated for medical treatment until birth. Once the infant was born, the physician attending the birth was faced with emergent circumstances. These circumstances preclude a claim for battery, that is, for...
Neil D. Theise, Stem Cell Research: Elephants in the Room
78 MAYO CLINIC PROC. 1004 (2003). The biggest elephant by far is the embryonic versus adult stem cell debate. It has conditioned research agendas, funding patterns, and publication or rejection of data, i.e., every aspect of and the scientific discourse...
Preface
The lead article in this edition of Issues in Law & Medicine provides a critical examination of the hypothesis that the quality of end-of-life (EOL) medical care provided in nursing homes is often skewed in a perverse way because providers are...
Schiavo V. Schiavo Amicus Curiae Memorandum of Governor Bush
Amicus curiae Jeb Bush, Governor of the State of Florida, submits this memorandum in support of plaintiff Theresa Schiavo's motion for preliminary injunction. In light of the seriousness of this matter, and the inability to remedy an improper outcome,...
Stephen N. Nelson, "Do Everything!-Encountering Futility in Medical Practice
19 ETHICS & MED. 103 (2003). Contemporary medicine is a two-edged sword: its powerful technology can be an agent in great healing or in great harm. The dark side of modern medicine can prolong the dying process, adversely impacting one's quality...
William P. Cheshire et Al., Stem Cell Research: Why Medicine Should Reject Human Cloning
78 MAYO CLINIC PROC. 1010 (2003). A ban on human cloning for both research and reproductive purposes would be the most effective and ethically responsible safeguard against the birth of human beings via cloning. Once human embryos were developed...
Women Have a Right to Know: Testimony before the Massachusetts Joint Health Care Committee
I, Angela Lanfranchi, M.D., testified on June 11, 2003 before this Committee in support of H.R. 2960 an Act Relative to Patient's Rights about the scientific and medical data regarding the link between breast cancer and abortion. My testimony is summarized...
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