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Articles 1 - 30 of 34
Full-Text Articles in Law
What Every Lawyer Should Know About Medicare Coverage Of Long-Term Care, Anthony H. Szczygiel
What Every Lawyer Should Know About Medicare Coverage Of Long-Term Care, Anthony H. Szczygiel
Other Scholarship
No abstract provided.
Myth And Reality: The Threat Of Medical Malpractice Claims By Low Income Women, Karen H. Rothenberg
Myth And Reality: The Threat Of Medical Malpractice Claims By Low Income Women, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall 1992
Mid-Atlantic Ethics Committee Newsletter, Fall 1992
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Health Care Decision Making In Indiana And Beyond, Fred H. Cate, Kathleen M. Anderson
Health Care Decision Making In Indiana And Beyond, Fred H. Cate, Kathleen M. Anderson
Articles by Maurer Faculty
No abstract provided.
Staffing National Health Care Reform: A Role For Advanced Practice Nurses, Linda H. Aiken, William M. Sage
Staffing National Health Care Reform: A Role For Advanced Practice Nurses, Linda H. Aiken, William M. Sage
Faculty Scholarship
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 …
Interim Hearing On Multiple Chemical Sensitivity And Environmental Illness, Senate Subcommittee On The Rights Of The Disabled
Interim Hearing On Multiple Chemical Sensitivity And Environmental Illness, Senate Subcommittee On The Rights Of The Disabled
California Senate
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Summer 1992
Mid-Atlantic Ethics Committee Newsletter, Summer 1992
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Articles
For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …
Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo
Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
The Upc And The New Durable Powers, David M. English
The Upc And The New Durable Powers, David M. English
Faculty Publications
This article thoroughly explores the escalation of interest in durable powers of attorney, with particular emphasis on health care powers and advance directives. The author focuses on durable power legislation influenced by the Unifomi Probate Code and health care power and advance directive statutes enacted in response to recent decisions dealing with the withholding or withdrawal of life-sustaining treatment.
Mid-Atlantic Ethics Committee Newsletter, Spring 1992
Mid-Atlantic Ethics Committee Newsletter, Spring 1992
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Alternative Reproduction (With L. Douglass), Lori B. Andrews
Alternative Reproduction (With L. Douglass), Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews
Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Risk And Rationality: The Centers For Disease Control And The Regulation Of Hiv-Infected Health Care Workers, Mary Anne Bobinski
Risk And Rationality: The Centers For Disease Control And The Regulation Of Hiv-Infected Health Care Workers, Mary Anne Bobinski
Faculty Articles
The publicity surrounding the Bergalis case has created a new and powerful fear for some-the fear of contracting a fatal disease while obtaining medical or dental care. Following Bergalis' congressional testimony, Congress passed a bill requiring states to regulate HIV-infected health care workers (HCWs). Responding to constituents' fears, state legislatures had already been debating a wide range of bills designed to confront the risk of HIV transmission in health care settings. Private actors, such as hospitals and insurers, feared litigation or loss of business if the public perceived them to be ignoring the problem of HIV infection among HCWs. As …
Medicine And Law: Selected Recent Developments, Hillary Greene
Medicine And Law: Selected Recent Developments, Hillary Greene
Faculty Articles and Papers
The dynamic interaction of medicine and law continues to raise difficult, cutting edge challenges for practitioners, scholars, and decision makers in both fields. The process of accommodating new medical problems, techniques, and solutions within the traditional doctrines and processes of the law involved many new or developing issues during the past year. This article will consider the state of the law, as reflected in recent decisions and legislation, in two particularly important medical-legal areas: AIDS and proof of causation.
The Present And Future Of Prevention: In Honor Of George W. Albee, Marc Kessler, Stephen E. Goldston, Justin M. Joffe
The Present And Future Of Prevention: In Honor Of George W. Albee, Marc Kessler, Stephen E. Goldston, Justin M. Joffe
Mental Health Law & Policy Faculty Publications
No abstract provided.
Murder, She Wrote Or Was It Merely Selective Nontreatment?, George P. Smith Ii
Murder, She Wrote Or Was It Merely Selective Nontreatment?, George P. Smith Ii
Scholarly Articles
This article will both explore and thereby establish the medical, ethical, and legal validity of selective nontreatment of severely handicapped newborns. A construct for principled decision-making, tied to a basic recognition of the right of self-determination, as shaped by compassion and validated principles of triage and cost-benefit analysis, will be seen as the most effective means for the states-and not the federal government-to evaluate the intensely complex issues associated with allocating scarce medical resources to defective infants. Governmental intrusions into the familial decision- making forum in these circumstances must be kept to a minimum and allowed only in grave cases.
The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien
The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien
Faculty Scholarship
As the numbers of uninsured mount4 because of job dislocations, exhaustion of benefits, and unaffordably high premiums, the incidence of "dumping" by private hospitals is, predictably, on the rise. Dumping occurs when a hospital, in violation of federal or state law, transfers an emergency patient to another (usually public) hospital or simply refuses any treatment based on the patient's inability to pay.5 In addition to the completely uninsured, favorite dumping targets include Medicare and Medicaid patients, AIDS patients, and cancer patients whose therapy may cost more than the maximum reimbursement under private insurance.
Dumping is merely a part of …
Adding Injustice To Injury - Compulsory Payment For Unwanted Treatment, George J. Annas
Adding Injustice To Injury - Compulsory Payment For Unwanted Treatment, George J. Annas
Faculty Scholarship
A New York court this year issued one of the most disturbing and aberrant appellate opinions of the past two decades concerning the right to refuse treatment.1 In my view, the judges ruling in Grace Plaza v. Elbaum made a series of errors: they assumed that institutions can have ethics apart from those of their physicians; they believed that both institutions and physicians are primarily motivated by money; and they approved the use of legal threats by institutions and physicians against patients and their families. In this court's idiosyncratic view, dying and medical care seem to be not about …
Health Warnings, Smoking, And Cancer - The Cipollone Case, George J. Annas
Health Warnings, Smoking, And Cancer - The Cipollone Case, George J. Annas
Faculty Scholarship
The figures have become familiar. Tobacco use has been declared "the single most important preventable cause of [premature] death in the United States, accounting for one of every six deaths, or some 390,000 deaths annually. "The health goals of the nation for the year 2000 call for reducing the prevalence of cigarette smoking to 15 percent among adults (a 48 percent decrease from the current 29 percent) and reducing the rate of beginning smoking among teenagers to 15 percent (a 50 percent decrease from the current rate of 30 percent). The goal of reducing smoking in the United States is …
Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn E. Johnsen
Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
The Changing Landscape Of Human Experimentation: Nuremberg, Helsinki, And Beyond, George J. Annas
The Changing Landscape Of Human Experimentation: Nuremberg, Helsinki, And Beyond, George J. Annas
Faculty Scholarship
Since World War II there have been persistent efforts at both the national and international level to develop rules to protect the rights and welfare of subjects of human experimentation.' These efforts have focused primarily on codifying the rights of subjects, and protecting their welfare by prior peer review of research protocols. In recent years research regulations have been under attack by politicians, drug companies, researchers, and advocacy groups. In less than half a century, human experimentation has been transformed from a suspect activity into a presumptively beneficial activity. With this transformation, traditional distinctions between experimentation and therapy, subject and …
Setting Standards For The Use Of Dna-Typing Results In The Courtroom - The State Of The Art, George J. Annas
Setting Standards For The Use Of Dna-Typing Results In The Courtroom - The State Of The Art, George J. Annas
Faculty Scholarship
DNA typing, sometimes called DNA fingerprinting or profiling, has been the focus of heated exchanges in courtrooms, the popular press, and scientific journals. It is a powerful law-enforcement weapon, especially in cases of rape, because it has the potential to exonerate a suspect or to place him at the scene of a crime. On the other hand, it is of no use in rape cases like those in which William Kennedy Smith and Mike Tyson were accused, in which coitus is conceded to have occurred and the only real issue is consent. When should judges permit evidence from DNA typing …
Using Genes To Define Motherhood - The California Solution, George J. Annas
Using Genes To Define Motherhood - The California Solution, George J. Annas
Faculty Scholarship
Sometimes (although not often) new forms of medical technology raise unique legal and social-policy issues that require new laws. In vitro fertilization, followed by the transfer of the embryo to a woman who did not contribute the ovum, is such a technique, because when the child's gestational mother is not the child's genetic mother, society must decide which is the child's legal mother. A California Court of Appeal, the first appellate court anywhere in the world to rule on this issue, decided in late 1991 that genes determine motherhood.
Risky Business: Setting Public Health Policy For Hiv-Infected Health Care Professionals, George J. Annas
Risky Business: Setting Public Health Policy For Hiv-Infected Health Care Professionals, George J. Annas
Faculty Scholarship
In JULY 1991, THE UNITED STATES SENATE VOTED 81 to 18 to impose a $10,000 fine and a ten-year jail sentence on any HTV-infected physicians who treated patients without disclosing their HIV status. Senator Jesse Helms, the sponsor of the measure, explained his rationale: “Let the punishment fit the crime. . . . I believe in horsewhipping. I feel that strongly about it” (Tolchin 1991). Later, Senator Helms wrote that HIV-infected physicians who practice medicine “should be treated no better than the criminal who guns down a helpless victim on the street” (Helms 1991). In his article he explained that …
National Institutes Of Health Workshop Statement. Reproductive Genetic Testing: Impact On Women, Karen H. Rothenberg, Elizabeth Thomson
National Institutes Of Health Workshop Statement. Reproductive Genetic Testing: Impact On Women, Karen H. Rothenberg, Elizabeth Thomson
Faculty Scholarship
No abstract provided.
Tarasoff And The Dilemma Of The Dangerous Patient: New Directions For The 1990’S, Michael L. Perlin
Tarasoff And The Dilemma Of The Dangerous Patient: New Directions For The 1990’S, Michael L. Perlin
Articles & Chapters
No abstract provided.
Patent Rights In The Human Genome Project, Rebecca S. Eisenberg
Patent Rights In The Human Genome Project, Rebecca S. Eisenberg
Book Chapters
The various research efforts that comprise the Human Genome Project will inevitably both draw on and yield a multitude of patentable inventions. The broad subject matter of the patent laws potentially reaches every phase of the Genome Project, from the discovery of new research technologies, such as techniques and equipment for DNA sequencing, through the ultimate development of new products, such as screening tests for genetically transmitted diseases. Even bits and pieces of the human genome itself may be, and sometimes have been, patented.' Nor does the fact that the public is paying for the Genome Project through federal funding …
Screening And Treatment Of Newborns, Ellen Wright Clayton
Screening And Treatment Of Newborns, Ellen Wright Clayton
Vanderbilt Law School Faculty Publications
With the advent of new genetic technologies and the Human Genome Initiative, interest in the problems posed by genetic diagnostics in general, and by genetic screening in particular, has surfaced. Many recent works focus on the problems posed by the "new genetics" in the contexts of prenatal diagnosis, carrier detection, employment, and insurance. In the midst of all this discussion, the routine testing of newborns for genetic disorders seems relatively uncomplicated and has, in fact, become "a part of common practice and accepted public policy with little thought having been given to the implications." The relative lack of concern about …
Note, Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia
Note, Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia
Journal Articles
Lead poisoning has become one of the most widespread and serious environmental diseases facing children in the United States. In response to the problem of childhood lead exposure, the Environmental Protection Agency (EPA) has promulgated expansive regulations to reduce drinking water lead levels. However, the regulations are not without significant gaps and shortfalls. Many improvements that the EPA requires need not be in place for years, and some households at risk of unsafe lead exposure receive no regulatory protection at all. One question that arises amidst these regulatory gaps is whether a plaintiff can hold a public water system liable …