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A Doctor's Legal DutyErosion of the Curbside Consult
-- Kimberly D Baker
Physicians will always consult medical specialists both formally and informally, precisely because they are experts. Courts are allowing medical malpractice suits to proceed against specialists consulted informally by patient's primary doctor, either to decide the preliminary question of whether a physician-patient relationship existed or having made such a determination as a matter of law, to decide further whether the physician consulted breached the resulting duty of care. While physicians may continue to informally discuss patient care and treatment options without incurring medical malpractice liability, a review of recent cases discloses certain situations where the risk of liability has been undeniably greater. It is also made clear that all consultants should be wary of participating in a particular patient's care when a physician-patient relationship could be claimed or when it is reasonably foreseeable that the treating physician will rely on the consultant's expertise.
© 2004 by Williams, Kastner & Gibbs PLCC (www.wkg.com). Reprinted with permission.
Is Self-Abortion a Fundamental Right?
-- Suzanne M Alford
A right cannot be considered fundamental unless it is deeply rooted in American history and tradition. Self-abortion is a private act committed by a woman on her own body. Even though it is an act of privacy, it is not a fundamental right because the history of abortion law in the US shows that self-abortion was not a "deeply rooted" right. Self-abortion, an act that can result in serious injury to a woman's life, is not a fundamental right. The analogy between a State's right to proscribe suicide and a State's right to proscribe self-abortion set forth limitations on a person's right to autonomy. Although a woman has a right to personal autonomy, the State's interest in her life can ban activities that endanger her life.
© 2003 by Suzanne M Alford. This article first appeared in Duke Law Journal. Reprinted with permission.
Euthanasia - Why a Taboo?
-- T Basant
The word `euthanasia' triggers a spate of controversy worldwide redefining the meaning attributed to it and the context and extent to which it could be legally practicable. The debate raises a plethora of issues. While some strongly oppose it, some are equally in favor. The concept of euthanasia strikes at the very roots of human existence by allowing the right to end life. Like any other issue, euthanasia too has two sides. The present article explores the whole gamut of contentions regarding the subject.
© 2004 IUP. All Rights Reserved.
Ethical and Legal Implications of Human Cloning
-- M Damayanthi and Anila V Menon
The prospect of cloning animals and homo sapiens and the ethical and legal implications of such an astounding development remained remote and unexplored until recently. Understandably, the mental picture of identical babies being manufactured in a biological factory offends the natural sentiment of any human being. The ethical aspects of cloning depend upon our perspectives about its process. The development of law in this regard might be a mere speculation now, but those who promote human cloning, have to show and establish with evidence how they are going to deal with different situations, which pose a problem as a consequence of human cloning.
© 2004 IUP. All Rights Reserved.
Global Executive Summaries
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- Therapeutic Jurisprudence and Medical Liability
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