Law Commons^™

Grover V. Eli Lilly & Co. Des Exposure: The Rippling Effects Stop Here, Lisa A. Naploi

Akron Law Review

This Note first discusses the nature of DES, prenatal torts, and preconception torts. The Note then reviews product liability law in Ohio. The remainder of the Note analyzes the Grover decision and discusses its impact on public policy.

Redrafting Ohio's Advance Directive Laws, Susan R. Martyn, James E. Reagan, Brendan Minogue, Debra L. Dippel, Maria R. Schimer, Robert Taraszewski

Akron Law Review

The Bioethics Network of Ohio (BENO) held its second annual conference on June 12, 1992 at Ohio Dominican College, Columbus, Ohio. Attendees recommended that a Task Force' review Ohio's Durable Power of Attorney for Health Care (DPAHC) and Modified Uniform Rights for the Terminally Ill (MURTIA) laws and suggest changes that would retain the basic structure of these provisions but also simplify and clarify their meaning. The Task Force completed a draft in six months and circulated it to approximately 450 individual and institutional BENO members. About one hundred members responded and this article incorporates most of their comments.

Belgian Health Care: A System Worth Studying, Douglas John Maragas

Akron Law Review

This article will focus on basic information pertinent to the Belgian system. A more extensive explanation of the Belgian system, and a proposed American health care plan adapted from the Belgian system, can be found in my report: "A Comprehensive Health Care System Incorporating Public and Private Enterprise: With the Belgian system as a Base, America can Develop a Cost Efficient Comprehensive Health Care System."

Healthcare Reform Symposium September 18, 1992

Akron Law Review

I would like to talk a little bit about what the right questions are when we go about looking at the reform of health care.

Should everyone be guaranteed a health care plan? If you're going to have a universal health care plan, how do you provide universal coverage, how will you expand coverage? How can we pay for it? Who do you think should administer the health care program?

Staffing National Health Care Reform: A Role For Advanced Practice Nurses, Linda H. Aiken, William M. Sage

Akron Law Review

Expanding access and coverage while containing costs can only be accomplished by getting more health care value for our money. Two facts about our current system make this seem possible. First, the currently uninsured are not costless. Providing stop-gap health care to those who lack health insurance is extremely expensive -- people without formal coverage cannot afford preventive services, delay treatment of illness and face substantial barriers to reaching appropriate providers. When they receive care, it is often degrading, usually complicated and costly, and more than occasionally too late. The cost of this "uncompensated" care is borne by all of …

The Pharmaceutical Access And Prudent Purchasing Act Of 1990: Federal Law Shifts The Duty To Warn From The Physician To The Pharmacist, Michael J. Holleran R.Ph.

Akron Law Review

This article will first discuss the legislation recently enacted as part of the budget reduction package passed by Congress in late 1990 and how that legislation will affect pharmacists' liability. Second, the article will address the applicable statutes of limitation regarding pharmacists in particular and within the general area of malpractice. Third, the applicable standard of care will be explored as it pertains to pharmacists as well as physicians. Coupled with the standard of care discussion is an overview of the various theories of liability which physicians and pharmacists currently face and how these may change under the Act. Finally, …

Desperately Seeking Status: Same-Sex Couples Battle For Employment-Linked Benefits, Sue Nussbaum Averill

Akron Law Review

This Comment will focus on the battles that gay and lesbian workers face in their attempts to attain benefit parity in the workplace and how these battles are linked to the fact that their relationships lack legal status. Part I will discuss recent judicial decisions on the issue of employment-linked benefit availability to the same-sex partners of gay and lesbian employees. Part II will review two recent decisions, which although unrelated to employment, may have set the stage for a legal redefinition of the family, and may provide a means by which same-sex couples could attain the legal status required …

Managed Competition Theory As A Basis For Health Care Reform, Catherine T. Dunlay, Peter A. Pavarini

Akron Law Review

[T]his article will seek to explain the fundamental principles of managed competition and the basic features of reform based on managed competition. It will also examine some of the criticisms of managed competition and the practical and legal impediments that will be faced in seeking to reform the health care industry based upon managed competition theory.

The Epidemic Of Antibiotic Resistance: A Legal Remedy To Eradicate The "Bugs" In The Treatment Of Infectious Diseases, Mike Misocky

Akron Law Review

Even though some hospitals have initiated programs aimed at curbing inappropriate antibiotic use, present day circumstances warrant a comprehensive approach to the pending epidemic. In an era where managed care organizations are prevalent and the crux of health care takes place in the community, the opportunity exists for a legal remedy to halt the progression of a possible "superbug" tyranny. This article sets forth the Antibiotic Resistance Epidemic in Part 11. Parts III and IV discuss the causative agents while emphasizing the need for a regulatory attack to the problem. The remainder of this article concentrates on a proposal to …

Are We Protected From Hmo Negligence?: An Examination Of Ohio Law, Erisa Preemption, And Legislative Initiatives, Amy K. Fehn

Akron Law Review

This comment discusses the various theories of HMO liability that are emerging in other jurisdictions as well as the extent to which current Ohio law bars several of these theories. In addition, this comment also discusses ERISA's preemption of state laws related to HMO liability. Finally, this comment analyzes legislative initiatives and other forms of regulation aimed at protecting consumers from HMO abuses .

Managed Care Organizations Manage To Escape Liability: Why Issues Of Quantity Vs. Quality Lead To Erisa's Inequitable Preemption Of Claims, Patricia Mullen Ochmann

Akron Law Review

In evaluating patients’ potential legal remedies, this Comment explores 1) the emergence of managed care organizations in the United States; 2) the creation of the Employee Retirement Income Security Act of 1974 (“ERISA”) and how it impacts patients’ claims against their MCOs; 3) the question of “quantity” versus “quality” in evaluating whether ERISA preemption exists; 4) three theories (direct liability, breach of fiduciary duty, and vicarious liability) used to hold MCOs liable for injuries resulting from malpractice or the wrongful denial of benefits; 5) state legislative attempts to circumvent ERISA’s inequitable preemption of claims; and 6) why, given ERISA’s failure …

The Imposition Of Federal Caps In Medical Malpractice Liability Actions: Will They Cure The Current Crisis In Health Care?, Adam D. Glassman

Akron Law Review

This article seeks to uncover the truth behind America’s current health care emergency. In so doing, the causes behind escalating medical malpractice premiums over the past decade will be examined; attention will be focused on the issue of whether caps on non-economic damages have been successful in reducing insurance premiums in states where they have been implemented. Finally, an alternative approach than that taken by President Bush, Congressional Republicans, the American Medical Association, and the insurance industry, will be propounded.

Obama, The Fourteenth Amendment, And The Drug War, Martin D. Carcieri

Akron Law Review

This article is written to help clarify the full range of understanding Obama would bring to a second term.

Specifically, I defend two related, contested theses. My core thesis, to which this article is primarily devoted, is a jurisprudential claim: contrary to state and lower federal court rulings, marijuana prohibition is subject to strict judicial scrutiny under leading relevant U.S. Supreme Court jurisprudence. I support this thesis primarily by showing that under the Fourteenth Amendment, bodily autonomy—i.e., the control over the borders and contents of one’s body burdened by laws like marijuana prohibition—is a fundamental right, and that the Court …

The Next Stage Of Health Care Reform: Controlling Costs By Paying Health Plans Based On Health Options, Dale B. Thompson

Akron Law Review

There are two problems in “demonizing” health insurance plans and MA. One is that it diverts attention from perhaps the most important long-term problem for health care: the need to control rising costs. Recent estimates say that expenditures on health care have grown from approximately seven percent of gross domestic product (GDP) in 1970, to nine percent in 1980, twelve percent in 1990, fourteen percent in 2000, and sixteen percent in 2008. Expenditures are projected to be over nineteen percent of GDP in 2019. While it is certainly true that health care insurance plans are not perfect and that there …

Neuroscience And Health Law: An Integrative Approach, Stacey A. Tovino J.D., Ph.D.

Akron Law Review

Neuroscience is one of the fastest growing scientific fields in terms of the numbers of scientists and the knowledge being gained. In recent years, both the scope of neuroscience and the methodologies employed by neuroscientists have broadly expanded, from biochemical and genetic analysis of individual nerve cells and their molecular constituents, to the imaging of brain structure and function. Perhaps the most significant recent neuroscientific achievement is the ability of neuroimaging technologies, including functional magnetic resonance imaging (fMRI), to image brain function. Clinicians and scientists use fMRI not only to map sensory, motor, and cognitive function, but also to study …

Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino Jd, Phd

Akron Law Review

n my recent research, I have been exploring the legal impact of advances in the neuroscience of gender, such as whether and how stakeholders are using recent studies finding structural and functional differences between male and female brains in an attempt to influence the law. I also have been examining whether and how stakeholders are using the neuroscience of both gender-specific and gender-prevalent health conditions to influence the interpretation of civil and regulatory health law. Today, I am going to explore how stakeholders are using advances in the neuroscience of three gender-specific and genderprevalent conditions (the postpartum mood disorders, premenstrual …

The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth

Akron Law Review

This article examines these issues in the context of an important and emerging constitutional challenge to the death penalty: whether the death penalty can be imposed on capital defendants who suffer from severe mental illness at the time of the commission of their crimes. The American Bar Association, the American Psychiatric Association, the American Psychological Association, and the National Alliance for the Mentally Ill all endorse a death penalty exemption for the severely mentally ill. Recent law review articles suggest that such an exemption may even be compelled by the Supreme Court’s decisions in Roper v. Simmons and Atkins v. …

Is Meaningful Peer Review Headed Back To Florida?, Brendan A. Sorg

Akron Law Review

This comment lays the foundation to evaluate the sustainability of Amendment 7 post-PSQIA in Part II by first examining medical peer review, its origin, its evolution and why peer review remains important to patient safety. Although many physicians dislike peer review, Congress has acknowledged its importance by making peer review mandatory and by providing the statutory protections to ensure peer review remains meaningful.7 States have followed suit, passing their own laws that provide for the protection of peer review materials. Part II also addresses how Amendment 7 reversed Florida’s historical approach providing broad peer review protection and how this erosion …