5,511 research outputs found

    Informed Consent: No Longer Just What the Doctor Ordered? Revisited

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    The law of informed consent in medicine has evolved from the original doctrine which required the physician’s disclosure of the risks, benefits, and complications of (and alternatives to) a proposed procedure or treatment. The doctrine now implicates the disclosure of matters personal to the physician. Questions regarding the breadth of the doctrine in other respects have developed as well. This paper represents the author’s second examination of the unconventional aspects of the law of informed consent

    Habit Forming: Evidence of Physician Habit in Medical Negligence Litigation

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    ”Habit” is a time-honored component of the law of evidence. Habit evidence is generally understood as specific conduct which occurs repetitively, over a period of time, in response to a known stimulus. Habitual conduct is also thought to be non-volitional, suggesting that it encompasses conduct without thought. This paper focuses on whether the practice of medicine is, in any respect, “habitual.” Are medical negligence litigants, plaintiffs and physicians, entitled to introduce evidence of physician habit to demonstrate deviation from or compliance with the applicable standard of care? Is the practice of medicine entirely volitional and judgmental, such that classic habit evidence is inapplicable to medical negligence litigation? This Article addresses these topics in an effort to identify the various positions adopted by courts in the United States and recommends that courts receive physician habit evidence in medical negligence trials

    The Federal Courts Study Committee on Claims Court Tax Jurisdiction

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    This Article is adapted from a lecture delivered on May 31, 1990, before the Claims Court Section of the Federal Circuit Judicial Conference
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