Although medical malpractice suits commonly occur in medical practice, few physicians experienced criminal prosecution related to adverse clinical outcomes before 1990. Criminal prosecutions of physicians increased in frequency early in that decade, however, including a handful of cases involving palliative or end-of-life care. Reviews published around the end of the 1990s examined those prosecutions, listing causative factors and offering recommendations to prevent further cases.
View Article and Find Full Text PDFThe successful practice of hospice and palliative medicine requires basic knowledge of its medicolegal aspects. In this paper, we review several recent legal cases that highlight important, evolving legal issues in palliative medicine. These issues include efforts to change to advance directive laws after the Schiavo conflict, the Attorney General's challenge to Oregon's physician-assisted dying law, and the emergence of a tort for inadequate pain management.
View Article and Find Full Text PDFThe conflict surrounding Terri Schiavo, whom Florida's courts had determined wished not to be kept alive in a persistent vegetative state, played out on a national stage. The dispute between Schiavo's husband and parents engulfed America's legislative, executive, and judicial systems, raising profound questions about the laws and policies that govern advance directives. In this paper, we offer an analysis of the legal reasoning in Schiavo and offer predictions about the case's likely impact on law and policy in the future.
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