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Results for “Liability, Legal”

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At least 847 records · Page 47Linked to original sources
PubMed1999

The learned intermediary doctrine and patient package inserts: a balanced approach to preventing drug-related injury.

In this note, Catherine Paytash examines the validity of the learned intermediary doctrine as it is applied in the context of prescription drug therapy. She explores and analyzes the rationales advanced to support the rule and the criticisms that have been leveled against its application to prescription drugs. Paytash identifies two roles that the learned intermediary doctrine is intended to play in relation to prescription drugs: 1) a role that provides a reasonable and efficient legal system of warning about side effects and appropriate use, and 2) a role that encompasses a system for informing patients. Paytash concludes that the learned intermediary doctrine, though justified as a legal standard of liability for warnings provided by prescription drug manufacturers, is inadequate as a system for informing patients about the prescription medications they use. She proposes that the most efficient way of preventing prescription drug related injury is a hybrid solution comprised of the learned intermediary doctrine as the legal standard for liability for product warnings and an FDA-mandated system of patient package inserts as a supplemental means of providing prescription drug users with information.

Advertising↗
PubMed1996

Privacy and autonomy: from Warren and Brandeis to Roe and Cruzan.

Warren and Brandeis' tort against invasion of privacy had chiefly a social goal: to enlist the courts to reinforce the norm of civility. Years later in Griswold v. Connecticut (1965), the Supreme Court announced a constitutional right of privacy that was personal in focus. Here and in subsequent rulings on abortion and the "right to die, " it became apparent that Warren and Brandeis' Victorian "right to be let alone" had metamorphosed into a right to autonomy, whose amoeboid contours made prediction or even description a tricky business. But privacy is an unsatisfactory proxy for autonomy, and perhaps for this reason has dwindled in importance as a rationale in these areas.

Abortion, Legal↗
PubMedDate not supplied

Informal consultations: do new risks exist with this age-old tradition?

This article cites three court decisions involving physicians who provided an informal or "curbside" consultation. The cases demonstrate the medico-legal implications of physicians engaging in informal consultations. The author then discusses the growing risk of liability for physicians who participate in this traditional practice.

Emergency Medical Services↗
PubMed1994

[Stringent responsibilities of the physician in pregnancy termination. The decision of the 28 May 1993 federal court mandates new guidelines].

In declaring abortion during the first 12 weeks of pregnancy fundamentally illegal but not punishable, the Federal Constitutional Court wants to guarantee the constitutionally necessary protection of the embryo by intensifying counselling and help for the pregnant woman. The physician to whom the woman has turned to have an abortion is thus included in the procedure. He is, however, obliged by professional ethics and law to use all his influence basically for the preservation of human life--including unborn human life. His obligation to counsel and inform is thus extended. In his counselling he is to include the woman's conflicting views about abortion beyond the pure medical aspect. He is to ascertain the reasons why the woman demands abortion. He is to try to find out about the deeper reasons (e.g. the influence of the family and of the social environment) and is thus to point out the dangers of subsequent psychological disorders.

Abortion, Legal↗
PubMed1996

Legal issues in the information age--part 2.

Confidentiality and privacy of health care information present significant challenges in this information age. Potential liability concerns using electronic mail and computerized medical records are addressed.

Computer Communication Networks↗
PubMed1992

Corporate manslaughter--what next?

Corporate manslaughter is a relatively new concept, but with the catalogue of tragic disasters in recent years it is an idea that is gathering increasing support. Gillian Howard examines the legal basis for such an action.

Accidents, Occupational↗
PubMed1996

Long-term care update.

While the legal cases against health care providers continue to increase, the cases against acute care facilities are declining as the number of cases against long-term care facilities and employees rise. Nurses need to be aware of the differences in legal issues in the extended care delivery system.

Humans↗
PubMed1996

The basics of hiring and firing.

Employees are important to the economics of a dental practice. Identifying quality employment candidates, retaining good employees and terminating poor employees will help a dentist maintain a thriving practice. This article addresses the key issues a dentist should consider with respect to hiring, evaluating and terminating the employees to minimize legal and financial repercussions.

Dental Staff↗