Medicine on Trial

A provocative presentation of medicolegal controversies within the American court system from the late 19th through the late 20th century.

Series Foreword

ix

Preface and Acknowledgments

xiii

PART ONE

1 Introduction

3

(14)

Vision and Reality: Public Perceptions about Medicine in the Courtroom,

3

(6)

A Wider Context: The Medicalization of Courtrooms,

9

(2)

Foundations: Methods and Goals of the Study,

11

(3)

Conclusion,

14

(1)

References and Further Reading,

15

(2)

2 Historical Background

17

(42)

Gatekeepers to the Courts: American Coroner and Medical Examiner Systems,

17

(6)

Forensic Pathologists in the Courtroom,

23

(15)

New Developments in Forensic Science,

38

(2)

Other Expert Medical Evidence: The Case of Psychiatry,

40

(4)

Medicine and the Bureaucratic State,

44

(6)

New Medical Technology and Patient Control,

50

(4)

Conclusion,

54

(1)

References and Further Reading,

55

(4)

3 Cases

59

(112)

Medicine Shapes Trials: The Doctor as Expert in the Courtroom,

62

(20)

The Law Shapes Medical Practice: Court Decisions and Medicine,

82

(38)

Nonmedical Oversight of Medical Care,

120

(6)

Refusal of Treatment,

126

(8)

The Law Informs Public Debate: Current Medicolegal Controversies,

134

(30)

Conclusion,

164

(4)

References and Further Reading,

168

(3)

4 Impact and Legacy

171

(38)

Abortion, Expert Testimony, and the British Parallel to Roe v. Wade,

174

(8)

Euthanasia and Physician-Assisted Suicide (PAS) in Other Nations,

182

(6)

Medical Malpractice in the United States: The Problem of Obstetrics,

188

(3)

Reproductive Cloning and the Stem Cell Debate,

191

(1)

Continuing Controversy Involving the FDA,

192

(6)

Police Powers and Communicable Diseases,

198

(4)

Conclusion,

202

(3)

References and Further Reading,

205

(4)

PART TWO

Documents

209

(82)

The Authority of Medical Examiners: Jackson v. Rupp (1969),

209

(4)

The Mind of an Assassin: The Hinckley Case (1981),

213

(7)

The Quinlan Case and the Right to Die (1976),

220

(15)

The Meaning of Informed Consent: Canterbury v. Spence (1972),

235

(11)

The Right to Refuse Treatment: Georgetown College v. Jones (1964),

246

(9)

The Beginning of Life and Parental Rights: Miller v. Columbia/HCA (2000),

255

(6)

The Supreme Court Rules on Partial-Birth Abortions, Stenberg v. Carhart (2000),

261

(15)

The Baby M Case, Artificial Reproduction, and Family Law (1988),

276

(15)

Key People, Laws, and Concepts

291

(12)

Chronology

303

(8)

Table of Cases

311

(4)

Annotated Bibliography

315

(8)

Index

323

(10)

About the Author

333

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Table of Contents

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