This Article discusses the Texas Supreme Court's holding in Jacobs v. Theimer that the parents of a defective child had a cause of action for damages against a physician for alleged negligent failure to inform the mother during pregnancy that she had contracted rubella and therefore might have a defective child, thereby causing her to lose the opportunity to have an abortion. The Article raises a number of questions that posi-Jacobs courts probably will confront concerning the duty of physicians and genetic counselors to keep their clients informed; describes some social and medical developments—including recent progress in medical genetics and prenatal diagnosis—which are likely to make Jacobs a significant precedent; evaluates the court's decision to allow a damage suit only for the costs of treating and caring for the child's defects; and briefly addresses the question of whether the Jacobs case comes within the sphere of suits for what has come to be known as “wrongful birth” and “wrongful life.”

In this Article, which draws primarily on continental West European views on death and dying, the author contends that the Harvard criteria for irreversible coma (1968) are not reliable for diagnosing death in comatose patients under resuscitation treatment. The Article suggests that use of the Harvard Criteria to diagnose death leaves such patients legally unprotected against surgical assaults such as organ removal and biomedical experiments while they still may be living and capable of perception, possibly including the perception of pain and the spoken word. An alternative to the Harvard Criteria—angiography—is offered, and several additional issues related to the definition and diagnosis of death are discussed. Finally, the author suggests that even prior to death, termination of resuscitation treatment of irreversibly comatose patients, though followed by death, should be lawful.

With increasing frequency, state legislators have been proposing legislation which would permit euthanasia—the allowance of “death with dignity”—under certain circumstances. These proposals indicate varying degrees of awareness of the issues and problems involved in drafting euthanasia legislation. This Article focuses on such issues and problems, studies the methods proposed by legislators to deal with them, and offers a Model Euthanasia Act designed to achieve their optimal solution.

Over the past three years, a great volume of legislation on abortion has been produced by state legislatures in an attempt to fill the vacuum created by the United States Supreme Court’s 1973 decision in Roe v. Wade. This Article examines several of the most common types of statutory provisions and assesses their constitutionality in light of Roe v. Wade and other applicable federal and state legal standards.

In this Article, Theodore Cooper, M.D., Assistant Secretary for Health at HEW, contends that the crush of lawsuits brought by aggrieved health care consumers against medical professionals and institutions, and drug and medical equipment manufacturers, may be the result, in large part, of a widely held impression—often encouraged by members of the health professions and industries themselves—that medicine has unlimited powers to heal. Dr. Cooper suggests that those involved in providing health care services and products—and members of the legal profession—have a responsibility to inform the public that this expectation is unrealistic and that everyone suffers when the number of such lawsuits and the size of damage awards are excessive.

Physicians-in-training generally have insufficient exposure to legal medicine to prepare them for the medicolegal problems they will encounter in practice. This Article outlines the current structure of the field of legal medicine in America, and sets forth two strategies with clinical orientations for teaching legal medicine to physicians-in-training: (1) providing a didactic course offering accurate and practical information on medicolegal emergency situations; and (2) establishing a consultation service in legal medicine capable of providing clinical information or training in such settings as the emergency room, the outpatient departments, and the inpatient wards.