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Articles 1 - 17 of 17
Full-Text Articles in Law
Mediating Life And Death Decisions, Diane E. Hoffmann
Mediating Life And Death Decisions, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy
Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy
Faculty Scholarship
No abstract provided.
A World That Won't Stand Still: Enterprise Liability By Private Contract, William M. Sage, James M. Jorling
A World That Won't Stand Still: Enterprise Liability By Private Contract, William M. Sage, James M. Jorling
Faculty Scholarship
The purpose of this article is to help health care providers and insurers create such an approach by explaining the benefits and risks of voluntarily reassigning liability for medical injury along an enterprise liability model, and by outlining the legal and contractual elements that are required to do so successfully.
The Maryland Health Care Decisions Act: Achieving The Right Balance?, Diane E. Hoffmann
The Maryland Health Care Decisions Act: Achieving The Right Balance?, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
Gestational Surrogacy And The Health Care Provider, Karen H. Rothenberg
Gestational Surrogacy And The Health Care Provider, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Forward: Ed Sparer's Legacy, Elizabeth M. Schneider
Forward: Ed Sparer's Legacy, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien
Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien
Faculty Scholarship
One might think, since passage of the Americans With Disabilities Act of 1990 (ADA),' that the employment story for disabled employees or would-be disabled employees was cheerful, or at least improving. This may be true in so far as obtaining and retaining employment is concerned;' however, the ADA, because it permits employers and third-party insurers to continue to utilize traditional risk management techniques, has resulted in reduced or (in some cases) non-existent employee benefits for the disabled. At the same time, more and more employers are opting to self-insure under the Employee Retirement Income Security Act of 1974 (ERISA),3 in …
The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya L. Banks
The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya L. Banks
Faculty Scholarship
No abstract provided.
The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg
The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Federalism And Health Care Reform: Is Half A Loaf Really Worse Than None?, Richard Briffault
Federalism And Health Care Reform: Is Half A Loaf Really Worse Than None?, Richard Briffault
Faculty Scholarship
Health care reform dominates the domestic agenda of the Clinton Administration. Policy analysts, media pundits, and ordinary citizens are abuzz with the once-arcane terminology of health reform – "managed competition," "single-payer," "regional alliances," "global budgets" – as they ponder the merits and demerits of the leading reform alternatives. At the center of the public debate are questions concerning the role of government in constraining health care costs, maintaining quality, and widening access. But in our federal system there are two governments that can address most domestic problems – the national government and the states – and, although considerable ink has …
Informed Consent, Cancer, And Truth In Prognosis, George J. Annas
Informed Consent, Cancer, And Truth In Prognosis, George J. Annas
Faculty Scholarship
Barbara Tuchman records that during the Black Death epidemic in the early 14th century, “doctors were admired, lawyers universally hated and mistrusted”. The great plagues and wars of the Middle Ages produced a “cult of death,” including a vast popular literature that had death as its theme. As the 20th century closes, our emphasis is on the denial of death, and the honest discussion of death remains rare both in popular literature and in conversations between physicians and patients. This is one reason why Shana Alexander shocked a national conference of bioethicists last year by saying, “I trust my lawyer …
Asking The Courts To Set The Standard Of Emergency Care - The Case Of Baby K, George J. Annas
Asking The Courts To Set The Standard Of Emergency Care - The Case Of Baby K, George J. Annas
Faculty Scholarship
Almost two decades ago, Dr. Franz J. Ingelfinger predicted that if physicians kept turning to the courts “to resolve essentially medical matters,” the medical profession's unfortunate “dependence on the lawyer in reaching essentially medical decisions will continue”1. One can argue about what decisions are “essentially medical,” but the trend that worried Dr. Ingelfinger has continued, and now physicians and a hospital have sought legal and judicial guidance about how -- and whether -- to treat an anencephalic infant known as Baby K.
When Should Preventive Treatment Be Paid For By Health Insurance?, George J. Annas
When Should Preventive Treatment Be Paid For By Health Insurance?, George J. Annas
Faculty Scholarship
In the national debate about who should have health insurance, surprisingly little attention has been focused on what medical services health insurance itself should cover. Historically, discussions of this topic have centered on concepts such as basic health care or medically necessary care. When the power of medical diagnosis and treatment was limited, these terms had boundaries as well. As physicians' diagnostic prowess has increased, however, especially in the area of genetics, such terms have become open-ended. To avoid predictable conflicts over benefit coverage, much more precise definitions will be required, so that patients and health care providers can understand …
Scientific Evidence In The Courtroom: The Death Of The Frye Rule, George J. Annas
Scientific Evidence In The Courtroom: The Death Of The Frye Rule, George J. Annas
Faculty Scholarship
In one of the most anticlimactic cases in recent years, the Supreme Court ruled on the last day of its 1992-1993 term that federal judges should admit all relevant scientific testimony and evidence that is “reliable”. The result was so uncontroversial that both sides in the case said they were satisfied; because the result was also so vague, it will probably be years before its effect can be accurately ascertained. The facts of the case, Daubert v. Merrell Dow Pharmaceuticals, Inc., are somewhat more interesting than its prosaic legal conclusion.
Death By Prescription, George J. Annas
Death By Prescription, George J. Annas
Faculty Scholarship
Society and physicians in the United States remain unable to accept death and thus unable to deal with the physical, psychological, and spiritual approach of death. The hour of death itself “is commonly tranquil,” but “the serenity is usually bought at a fearful price -- and the price is the process by which we reach that point” -- a process that has been described as “a purgatory that may last for weeks.” Suicide has been seen as a rational way to avoid that purgatory, especially as a response to end-stage cancer and AIDS, and proposals to “legalize” physician-assisted suicide in …
Outcomes Assessment In Health Care Reform: Promise And Limitations, Wendy K. Mariner
Outcomes Assessment In Health Care Reform: Promise And Limitations, Wendy K. Mariner
Faculty Scholarship
If the fundamental goals of the health care reform effort are to ensure universal access to an acceptable quality of health care at an affordable cost, then the threshold question for reform is: What health care services should be provided in an efficient, equitable system?
Answering this question requires weighing a complex mix of medical and social policy factors, a process not attempted in this article. But the starting point for that process should be determining what health care services “work” and what they cost. Outcomes assessment holds considerable promise in finding answers to these subsidiary questions, because it is …
The Empire Of Death: How Culture And Economics Affect Informed Consent In The U.S., The U.K., And Japan, George J. Annas, Frances H. Miller
The Empire Of Death: How Culture And Economics Affect Informed Consent In The U.S., The U.K., And Japan, George J. Annas, Frances H. Miller
Faculty Scholarship
Historically, most Americans have treated health care as a private commodity whose price, and therefore availability, is primarily determined by market forces. In such a context, the law not unsurprisingly places a high premium on information disclosure by physicians. Personal autonomy-an individual's power to choose among medical options-enjoys its most zealous protection under U.S. jurisprudence.7 The dominant U.S. version of informed consent is grounded on principles of patient/consumer autonomy, and seems to enhance market choice. But a strong theme of collectivism now runs through some discussions of U.S. health policy.8 President Clinton was elected at least in part …