American Medical Association, Council on Ethical and Judicial Affairs, “The Use of Anencephalic Neonates as Organ Donors,” JAMA, 273 (1995): 1614–18.CrossRefGoogle Scholar

Orentlicher, D., “The Influence of a Professional Organization on Physician Behavior,” Albany Law Review, 57 (1995): 583–605.Google Scholar

AMA, supra note 1, at 1617.Google Scholar

Id. at 1617–18.Google Scholar

Id. at 1614.Google Scholar

Kolata, G., “Donating Organs of Anencephalic Babies Is Backed,” New York Times, May 24, 1995, at C13.Google Scholar

Weisman, C.S. et al., “Practice Changes in Response to the Malpractice Litigation Climate,” Medical Care, 27 (1989): 16–24.Google Scholar

Orentlicher, D., “The Limitations of Legislation,” Maryland Law Review, 53 (1994): Esp. at 1280–301; Orentlicher, D., “The Illusion of Patient Choice in End-of-Life Decisions,” JAMA, 267 (1992): 2101–04; and Asch, D.A. Hansen-Flaschen, J. Lanken, P.N., “Decisions to Limit or Continue Life-Sustaining Treatment by Critical Care Physicians in the United States: Conflicts Between Physicians' Practices and Patients' Wishes,” American Journal of Respiratory and Critical Care Medicine, 151 (1995): 288–92.Google Scholar

Goldman, G.M. Stratton, K.M. Brown, M.D., “What Actually Happened: An Informed Review of the Linares Incident,” Law, Medicine & Health Care, 17 (1989): 298–307.CrossRefGoogle Scholar

Indeed, in a recent study that looked at actual practices of physicians rather than reporting of practices by physicians, researchers did not find evidence for a link between tort liability and “defensive medicine.” This study found no increase in the use of prenatal resources or cesarean deliveries for low-risk patients by obstetricians who had a history of being sued for malpractice or who practiced in a county with a relatively high rate of malpractice suits being filed by patients. Baldwin, L.-M. et al., “Defensive Medicine and Obstetrics,” JAMA, 274 (1995): 1606–10.CrossRefGoogle Scholar

Hutchinson, A.C. Monahan, P.J., “Law, Politics, and the Critical Legal Scholars: The Unfolding Drama of American Legal Thought,” Stanford Law Review, 36 (1984): At 206.CrossRefGoogle Scholar

Orentlicher, (1994), supra note 10, at 1304–05; Orentlicher, (1992), supra note 10, at 2104; and Veatch, R.M., “Abandoning Informed Consent,” Hastings Center Report, 25, no. 2 (1995): 5–12.Google Scholar