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Canterbury V. Spence
''Canterbury v. Spence'' (464 F.2d. 772, 782 D.C. Cir. 1972) was a landmark federal case decided by the United States Court of Appeals for the District of Columbia Circuit that significantly reshaped malpractice law in the United States.Roberts, Sam "Jerry Canterbury, Whose Paralysis Led to Informed Consent Laws, Is Dead at 78," New York Times, May 16, 2017.Meisel, Alan. “Canterbury v. Spence: The Inadvertent Landmark Case.” Health Law & Bioethics: Cases in Context.” It established the idea of "informed consent" to medical procedures. Background Until the 1960s, it was conventional medical doctrine to withhold significant information from patients, particularly potentially upsetting information.Langer, Emily, "Court ruling in his case established doctrine of informed medical consent", ''The Washington Post'', May 21, 2017, p. C8. It was common practice not to tell a patient they were dying, and even to deny it. When health care providers began to move away from tha ...
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United States Court Of Appeals For The District Of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate courts, and covers only one district court: the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse, near Judiciary Square, Washington, D.C. The D.C. Circuit's prominence and prestige among American federal courts is second only to the U.S. Supreme Court because its geographic jurisdiction contains the U.S. Capitol and the headquarters of many of the U.S. federal government's executive departments and government agencies, and therefore it is the main federal appellate court for many issues of American administrative law and constitutional law. Four of the current nine justices on the Supreme Court were previously judges on the D.C. Circuit including Chief Justice John Roberts ...
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Malpractice
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".Malpractice definition, Professionals who may become the subject of malpractice actions include: * medical professionals: a medical malpractice claim may be brought against a doctor or other healthcare provider who fails to exercise the degree of care and skill that a similarly situated professional of the same medical specialty would provide under the circumstances. * lawyers: a legal malpractice claim may be brought against a lawyer who fails to render services with the level of skill, care and diligence that a reasonable lawyer would apply under similar circumstances. * financial professionals: professionals such as accountants, financial planners and stockbrokers, may be subject to claims for professional negligence based upon their failure to meet professional standards when providing services to their clients. * archit ...
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Informed Consent
Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatments, alternative treatments, the patient's role in treatment, and their right to refuse treatment. In most systems, healthcare providers have a legal and ethical responsibility to ensure that a patient's consent is informed. This principle applies more broadly than healthcare intervention, for example to conduct research and to disclosing a person's medical information. Definitions of informed consent vary, and the standard required is generally determined by the state. Informed consent requires a clear appreciation and understanding of the facts, implications, and consequences of an action. To give informed consent, the individual concerned must have adequate reasoning faculties and possess all relevant facts. Impairments to reasoning a ...
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Primum Non Nocere
' () is a Latin phrase that means "first, do no harm". The phrase is sometimes recorded as '. Non-maleficence, which is derived from the maxim, is one of the principal precepts of bioethics that all students in healthcare are taught in school and is a fundamental principle throughout the world. Another way to state it is that, "given an existing problem, it may be better not to do something, or even to do nothing, than to risk causing more harm than good." It reminds healthcare personnel to consider the possible harm that any intervention might do. It is invoked when debating the use of an intervention that carries an obvious risk of harm but a less certain chance of benefit. Non-maleficence is often contrasted with its corollary, beneficence. Origin The origin of the phrase is uncertain. Some early versions of the Hippocratic Oath include the promise "to abstain from doing harm" ( el, ἐπὶ δηλήσει δὲ καὶ ἀδικίῃ εἴρξειν) but do not include ...
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Laminectomy
A laminectomy is a surgical procedure that removes a portion of a vertebra called the lamina, which is the roof of the spinal canal. It is a major spine operation with residual scar tissue and may result in postlaminectomy syndrome. Depending on the problem, more conservative treatments (e.g., small endoscopic procedures, without bone removal) may be viable. Method The lamina is a posterior arch of the vertebral bone lying between the spinous process (which juts out in the middle) and the more lateral pedicles and the transverse processes of each vertebra. The pair of laminae, along with the spinous process, make up the posterior wall of the bony spinal canal. Although the literal meaning of laminectomy is 'excision of the lamina', a conventional laminectomy in neurosurgery and orthopedics involves excision of the supraspinous ligament and some or all of the spinous process. Removal of these structures with an open technique requires disconnecting the many muscles of th ...
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Spottswood W
Spottswood may refer to: Given name: * Spottswood William Robinson III (1916–1998), American educator, civil rights attorney, and federal judge * Spottswood Poles (1887–1962), American outfielder in baseball's Negro leagues *Spottswood Bolling, plaintiff in the Civil Rights lawsuit Bolling v. Sharpe (1954) Surname: *Alexander Spottswood (1676–1740), Lieutenant-Colonel in the British Army and a noted Lieutenant Governor of Virginia *Richard K. Spottswood (born 1937), musicologist and author from Maryland, catalogued thousands of recordings of vernacular music in the United States * Stephen Gill Spottswood (1897–1974), religious leader and civil rights activist known for his work as bishop of the African Methodist Episcopal Zion Church (AMEZ) Geography: *Spottswood, Virginia, unincorporated community in Augusta County, Virginia, United States See also *Spotswood (other) Spotswood can refer to: People: * Alexander Spotswood (1676–1740), the Lieutenant-Governor o ...
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Jacob M
Jacob (; ; ar, يَعْقُوب, Yaʿqūb; gr, Ἰακώβ, Iakṓb), later given the name Israel, is regarded as a patriarch of the Israelites and is an important figure in Abrahamic religions, such as Judaism, Christianity, and Islam. Jacob first appears in the Book of Genesis, where he is described as the son of Isaac and Rebecca, and the grandson of Abraham, Sarah, and Bethuel. According to the biblical account, he was the second-born of Isaac's children, the elder being Jacob's fraternal twin brother, Esau. Jacob is said to have bought Esau's birthright and, with his mother's help, deceived his aging father to bless him instead of Esau. Later in the narrative, following a severe drought in his homeland of Canaan, Jacob and his descendants, with the help of his son Joseph (who had become a confidant of the pharaoh), moved to Egypt where Jacob died at the age of 147. He is supposed to have been buried in the Cave of Machpelah. Jacob had twelve sons through four women, h ...
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1972 In United States Case Law
Year 197 ( CXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Magius and Rufinus (or, less frequently, year 950 ''Ab urbe condita''). The denomination 197 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * February 19 – Battle of Lugdunum: Emperor Septimius Severus defeats the self-proclaimed emperor Clodius Albinus at Lugdunum (modern Lyon). Albinus commits suicide; legionaries sack the town. * Septimius Severus returns to Rome and has about 30 of Albinus's supporters in the Senate executed. After his victory he declares himself the adopted son of the late Marcus Aurelius. * Septimius Severus forms new naval units, manning all the triremes in Italy with heavily armed troops for war in the East. His soldiers embark on ...
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United States Health Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Medical Malpractice Case Law
Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness. Contemporary medicine applies biomedical sciences, biomedical research, genetics, and medical technology to diagnose, treat, and prevent injury and disease, typically through pharmaceuticals or surgery, but also through therapies as diverse as psychotherapy, external splints and traction, medical devices, biologics, and ionizing radiation, amongst others. Medicine has been practiced since prehistoric times, and for most of this time it was an art (an area of skill and knowledge), frequently having connections to the religious and philosophical beliefs of local culture. For example, a medicine man would apply herbs and say prayers for healing, or an ancie ...
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