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1
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85031131852
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AMA Ethical Standards E-2.20. Available at: www.ama-assn.org/ama/pub/category/2503.html. Accessed May 1, 2003.
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Ethical Standards E-2.20
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3
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85031139121
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755 Illinois Legislative Code § 35-2(h). An example taken from the Illinois statute defines a "terminal condition" as an incurable and irreversible condition, which is such that death is imminent and the application of death-delaying procedures serves only to prolong the dying process
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755 Illinois Legislative Code § 35-2(h). An example taken from the Illinois statute defines a "terminal condition" as an incurable and irreversible condition, which is such that death is imminent and the application of death-delaying procedures serves only to prolong the dying process.
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4
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85031131826
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Knight et al v. Beverly Health Care Bay Manor Health Care Center (AL 2001). This case upholds implementation of living will on the basis of physician determination that the patient was in a vegetative state. The case also applies the general rule that if such decisions are contested, they must be resolved by "clear and convincing evidence," which is a higher standard than usually applied in civil law
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Knight et al v. Beverly Health Care Bay Manor Health Care Center (AL 2001). This case upholds implementation of living will on the basis of physician determination that the patient was in a vegetative state. The case also applies the general rule that if such decisions are contested, they must be resolved by "clear and convincing evidence," which is a higher standard than usually applied in civil law.
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5
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0030966770
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Do advance directives provide instructions that direct care?
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Teno J, Licks S, Lynn J, et al. Do advance directives provide instructions that direct care? J Am Geriatr Soc 1997;5:508-512.
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(1997)
J Am Geriatr Soc
, vol.5
, pp. 508-512
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Teno, J.1
Licks, S.2
Lynn, J.3
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6
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0030888239
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Advance directives for seriously ill hospitalized patients: Effectiveness with the Patient Self-determination Act and the SUPPORT intervention
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Teno J, Lynn J, Wenger N, et al. Advance directives for seriously ill hospitalized patients: Effectiveness with the Patient Self-determination Act and the SUPPORT intervention. J Am Geriatr Soc 1997;45:500-507.
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(1997)
J Am Geriatr Soc
, vol.45
, pp. 500-507
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Teno, J.1
Lynn, J.2
Wenger, N.3
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7
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0030889201
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The illusion of end-of-life resource savings with advance directives
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Teno J, Lynn J, Connors AF, et al. The illusion of end-of-life resource savings with advance directives. J Am Geriatr Soc 1997;45:513-518.
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(1997)
J Am Geriatr Soc
, vol.45
, pp. 513-518
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Teno, J.1
Lynn, J.2
Connors, A.F.3
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8
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0029976705
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Marked improvement in recognition and completion of health care proxies, a randomized controlled trial of counseling by hospital patient representatives
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Meier DE, Fuss BR, O'Rourke D, et al. Marked improvement in recognition and completion of health care proxies, a randomized controlled trial of counseling by hospital patient representatives. Arch Int Med 1996;156:1227-1232.
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(1996)
Arch Int Med
, vol.156
, pp. 1227-1232
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Meier, D.E.1
Fuss, B.R.2
O'Rourke, D.3
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9
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0028036298
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The discussion of end-of-life medical care by primary care patients and physicians: A multicenter study using structured qualitative interviews
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Pfeifer MP. The discussion of end-of-life medical care by primary care patients and physicians: a multicenter study using structured qualitative interviews. J Gen Int Med 1994;9:82-88.
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(1994)
J Gen Int Med
, vol.9
, pp. 82-88
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Pfeifer, M.P.1
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10
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0035287047
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Family decision-making to withdraw life-sustaining treatments from hospitalized patients
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Tilden VP, Tolle SW, Nelson CA, et al. Family decision-making to withdraw life-sustaining treatments from hospitalized patients. Nurs Res 2001;50:105-115.
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(2001)
Nurs Res
, vol.50
, pp. 105-115
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Tilden, V.P.1
Tolle, S.W.2
Nelson, C.A.3
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11
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85031141646
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755 Illinois Legislative Code Service §7. For example: "No physician, health care provider or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of death delaying procedures from a qualified patient pursuant to a declaration which purports to have been made in accordance with this Act shall as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct."
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755 Illinois Legislative Code Service §7. For example: "No physician, health care provider or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of death delaying procedures from a qualified patient pursuant to a declaration which purports to have been made in accordance with this Act shall as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct."
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12
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85031130615
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Mo. Ann. Stat. 459.055(3) (2000). In Missouri, even an advance directive may not authorize withdrawal of feeding tubes or artificial hydration. This restriction and, in fact, the more common restriction on removal of feeding and nutrition where the patient did not authorize its withdrawal in an advance directive or power of attorney, is likely a violation of both federal and state constitutions
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Mo. Ann. Stat. 459.055(3) (2000). In Missouri, even an advance directive may not authorize withdrawal of feeding tubes or artificial hydration. This restriction and, in fact, the more common restriction on removal of feeding and nutrition where the patient did not authorize its withdrawal in an advance directive or power of attorney, is likely a violation of both federal and state constitutions.
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13
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85031143514
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In Re Guardianship of Browning, 568 So. 2d 4 (Fla. 1990). Courts have consistently held that artificial feeding and nutrition is a form of medical treatment and that the rights to forego treatment are not different for different kinds of medical care
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In Re Guardianship of Browning, 568 So. 2d 4 (Fla. 1990). Courts have consistently held that artificial feeding and nutrition is a form of medical treatment and that the rights to forego treatment are not different for different kinds of medical care.
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14
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85031130745
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755 Illinois Stat. 35/9(c). Typical of such prohibitions: "No physician, health care facility, or other health care provider ... [or insurer] shall require any person to execute a declaration as a condition for being insured for, or receiving, health care services
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755 Illinois Stat. 35/9(c). Typical of such prohibitions: "No physician, health care facility, or other health care provider ... [or insurer] shall require any person to execute a declaration as a condition for being insured for, or receiving, health care services.
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15
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85031134470
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469 N.E.2d 1047 (Ohio. App., 1984)
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469 N.E.2d 1047 (Ohio. App., 1984).
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16
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85031145038
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Rest. 2d. of Torts §19 (1965)
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Rest. 2d. of Torts §19 (1965).
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17
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85031142085
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Vol. 1985 U.S. News and Administrative Service, page 1956. The legislative history of Medicare/Medicaid shows the importance Congress placed on a physician's certification that the care given is necessary: "The physician is to be the key figure in determining utilization of health services ... It is a physician who is to decide upon admission to a hospital, order tests, drugs and treatments, and determine the length of stay. For this reason the [Medicare statute] would require that payment could be made only if a physician certifies to the medical necessity of the services furnished."
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Vol. 1985 U.S. News and Administrative Service, page 1956. The legislative history of Medicare/Medicaid shows the importance Congress placed on a physician's certification that the care given is necessary: "The physician is to be the key figure in determining utilization of health services ... It is a physician who is to decide upon admission to a hospital, order tests, drugs and treatments, and determine the length of stay. For this reason the [Medicare statute] would require that payment could be made only if a physician certifies to the medical necessity of the services furnished.".
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18
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85031140494
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Col. Rev. Stat. §15-18.5-103 (4) (a) (1994)
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Col. Rev. Stat. §15-18.5-103 (4) (a) (1994).
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20
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85031142163
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Education for physicians on end-of-life care (supported by Robert Woods Johnson Foundation). http://www.epec.net/. Accessed April 29, 2003.
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21
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85031131147
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Vacco v. Quill, 521 U. S. 793 (1997)
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Vacco v. Quill, 521 U. S. 793 (1997).
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22
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85031135289
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Washington v. Glucksberg, 521 U. S. 702 (1997)
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Washington v. Glucksberg, 521 U. S. 702 (1997).
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23
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85031140002
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California Health and Safety Code § 124960-124961
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California Health and Safety Code § 124960-124961.
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24
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85031132226
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Florida Stat. Ann. § 765.1103 (2000)
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Florida Stat. Ann. § 765.1103 (2000).
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25
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0032228086
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Criminal act or palliative care? Prosecutions involving the care of the dying
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This article provides a full description of the sole case between 1980 and 1997.
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Alpers A. Criminal act or palliative care? Prosecutions involving the care of the dying. J Law Med Ethics 1998;26:308-331. This article provides a full description of the sole case between 1980 and 1997.
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(1998)
J Law Med Ethics
, vol.26
, pp. 308-331
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Alpers, A.1
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26
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85031135565
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State v. Weitzel (Order Granting New Trial), http://www. weitzelcharts.com/memorandum_decision_and_order.htm. Accessed April 29, 2003.
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State v. Weitzel (Order Granting New Trial), http://www. weitzelcharts.com/memorandum_decision_and_order.htm. Accessed April 29, 2003.
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27
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85005799675
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The double effect of pain medication: Separating myth from reality
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Fohr SA. The double effect of pain medication: Separating myth from reality. J Palliat Med 1998;1:315-328.
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(1998)
J Palliat Med
, vol.1
, pp. 315-328
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Fohr, S.A.1
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29
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0036087972
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The American Geriatric Society's guidelines for the management of persistent pain in the elderly
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The American Geriatric Society's guidelines for the management of persistent pain in the elderly. J Am Geriatr Soc 2002;50:205-224.
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(2002)
J Am Geriatr Soc
, vol.50
, pp. 205-224
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31
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85031135958
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Restatement 2d of Torts, § 46(2)
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Restatement 2d of Torts, § 46(2).
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32
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85031131766
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Berger v. Sonneland, 26 P.3d 257 (WA 2001)
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Berger v. Sonneland, 26 P.3d 257 (WA 2001).
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33
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85031137368
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Rest. 2d of Torts § 46. For a general discussion of intentional infliction of emotional distress, see Daniel Givelber, "The Right to Minimum Social Decency and the Limits of Evenhandedness: Intentional Infliction of Emotional Distress of Outrageous Conduct," 82 Colum. L. Rev 45 (1982).
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Rest. 2d of Torts § 46. For a general discussion of intentional infliction of emotional distress, see Daniel Givelber, "The Right to Minimum Social Decency and the Limits of Evenhandedness: Intentional Infliction of Emotional Distress of Outrageous Conduct," 82 Colum. L. Rev 45 (1982).
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34
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85031135535
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Restatement of Torts § 46(2)
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Restatement of Torts § 46(2).
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35
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0035288963
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Pain management and provider liability: No more excuses
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Furrow BR. Pain management and provider liability: No more excuses. J Law Med Ethics 2001;29:28-51.
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(2001)
J Law Med Ethics
, vol.29
, pp. 28-51
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Furrow, B.R.1
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36
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85031138394
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th Cir, 1993) (Unpublished)
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th Cir, 1993) (Unpublished).
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37
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85031131240
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61 Am. Jur. 2d, "Physician, Surgeons, etc.," § 234
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61 Am. Jur. 2d, "Physician, Surgeons, etc.," § 234.
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38
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85031144408
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Stohlman v. Davis, 220 N.W. 247 (Neb. 1928)
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Stohlman v. Davis, 220 N.W. 247 (Neb. 1928).
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39
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85031138705
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Kenney v. Piedmont Hospital, 222 S.E.2d 162 (Ga.App.,1975)
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Kenney v. Piedmont Hospital, 222 S.E.2d 162 (Ga.App., 1975).
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40
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85031139530
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In re Bilder. Oregon State Board of Medical Examiners. Sept. 1, 1999
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In re Bilder. Oregon State Board of Medical Examiners. Sept. 1, 1999.
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41
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85031145004
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st Dept., 2000)
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st Dept., 2000).
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42
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85031143513
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Manno v. MacIntosh, 519 N.W.2d 815, 1994
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Manno v. MacIntosh, 519 N.W.2d 815, 1994.
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43
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85031139245
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Miller v. Dore, 154 Me. 363, 148 A.2d 692 (1959)
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Miller v. Dore, 154 Me. 363, 148 A.2d 692 (1959).
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45
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0343303352
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Survival in end-stage dementia following acute illness
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Morrison RS, Siu AL. Survival in end-stage dementia following acute illness. JAMA 2000;284:47-52.
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(2000)
JAMA
, vol.284
, pp. 47-52
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Morrison, R.S.1
Siu, A.L.2
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47
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85031144549
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Bergman v. Eden Medical Center, No. H-205732, 2000 WL 519345 (Cal. Supl. Ct. Alameda City)
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Bergman v. Eden Medical Center, No. H-205732, 2000 WL 519345 (Cal. Supl. Ct. Alameda City).
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48
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85031137090
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Cal. Welfare & Institutions Code § 15600 et seq
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Cal. Welfare & Institutions Code § 15600 et seq.
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49
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85031140905
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See, eg, Ten. St. § 71-6-120 (2000) (punitive damages applicable if the defendant is a physician or other health care provider or institution)
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See, eg, Ten. St. § 71-6-120 (2000) (punitive damages applicable if the defendant is a physician or other health care provider or institution).
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