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Full-Text Articles in Law
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Foreword, Larry Singer, John Blum, Elissa Koch
Foreword, Larry Singer, John Blum, Elissa Koch
Annals of Health Law and Life Sciences
No abstract provided.
Independent Medical Review: Expanding Legal Remedies To Achieve Managed Care Accountability, Leatrice Berman-Sandler
Independent Medical Review: Expanding Legal Remedies To Achieve Managed Care Accountability, Leatrice Berman-Sandler
Annals of Health Law and Life Sciences
Author Leatrice Berman-Sandier reports on independent medical review (IMR), a state-based statutory remedy used to resolve disputes over coverage between patients and their health plans. Ms. Berman-Sandler explores the connection between ERISA preemption and IMR, and opines that in light of recent Supreme Court decisions, the stage has been set for expansion of IMR. Accordingly, Ms. Berman-Sandler concludes that there are strong legal and policy reasons for state legislatures to broaden the application of IMR and for the Court to continue to narrow ERISA preemption in order to increase accountability in the managed care arena.
Comparing Ethics Education In Medicine And Law: Combining The Best Of Both Worlds, Erin A. Egan, Kayhan Parsi, Cynthia Ramirez
Comparing Ethics Education In Medicine And Law: Combining The Best Of Both Worlds, Erin A. Egan, Kayhan Parsi, Cynthia Ramirez
Annals of Health Law and Life Sciences
This article compares various models of ethics education and how these models are employed by both medical schools and law schools. The authors suggest ways in which each profession can enhance their ethical teaching and argue that ethics education in both medicine and law should combine the best elements of each education model, thereby producing graduates who are more knowledgeable and appreciative of ethical issues in practice.
Foreword, Larry Singer, John Blum, Elissa Koch
Foreword, Larry Singer, John Blum, Elissa Koch
Annals of Health Law and Life Sciences
No abstract provided.
A Dutch Perspective: The Limits Of Lawful Euthanasia, Ubaldus Dr Vries
A Dutch Perspective: The Limits Of Lawful Euthanasia, Ubaldus Dr Vries
Annals of Health Law and Life Sciences
Dutch author Ubaldus de Vries reviews the current state of the euthanasia law in the Netherlands. The legislation, enacted in 2001, creates a medical exception that allows for euthanasia in cases where patients experience "hopeless and unbearable suffering." A brief history of the Dutch approach to euthanasia is set forth, case law is reviewed, and the unique role of the doctor is examined in seeking to understand the extent of one's right to euthanasia in the Netherlands. Because the courts must determine what constitutes "hopeless and unbearable suffering," Professor de Vries analyzes the judicial interpretation of "suffering" and concludes that …
Is There An Acceptable Answer To Rising Medical Malpractice Premiums?, William P. Gunnar
Is There An Acceptable Answer To Rising Medical Malpractice Premiums?, William P. Gunnar
Annals of Health Law and Life Sciences
This article explores the key issues involved in the attempts at reform of the present medical malpractice system. Investigating the effects that federal tort reform legislation would have on physicians, patients, lawyers, and the medical malpractice insurers, Dr. Gunnar succinctly outlines the issues surrounding the present "crisis in healthcare" and explores the separate interests involved. The article examines the economic forces influencing the medical malpractice insurance industry, reviews previous tort reform, and predicts the future of federal tort reform legislation. Dr. Gunnar concludes by proposing alternatives for malpractice reform.
Federal Efforts And State Approaches To The Crisis, Barry Furrow, David Hyman
Federal Efforts And State Approaches To The Crisis, Barry Furrow, David Hyman
Annals of Health Law and Life Sciences
No abstract provided.
An Institutional Perspective On The Medical Malpractice Crisis, Sarah Guyton
An Institutional Perspective On The Medical Malpractice Crisis, Sarah Guyton
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Russell M. Pelton
Private Responses To The Crisis, Russell M. Pelton
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Susan Schwartz
Private Responses To The Crisis, Susan Schwartz
Annals of Health Law and Life Sciences
No abstract provided.
An Insurance Perspective On The Medical Malpractice Crisis, Nicole Williams Koviak
An Insurance Perspective On The Medical Malpractice Crisis, Nicole Williams Koviak
Annals of Health Law and Life Sciences
No abstract provided.
"Just Say No!": The Right To Refuse Psychotropic Medication In Long-Term Care Facilities, George P. Smith Ii
"Just Say No!": The Right To Refuse Psychotropic Medication In Long-Term Care Facilities, George P. Smith Ii
Annals of Health Law and Life Sciences
This article examines the rights of patients, particularly incompetent patients, in longterm care facilities to refuse psychotropic medication. In exploring this topic, the author focuses on the provisions of the Omnibus Budget Reconciliation Act of 1987 which was part of a Congressional solution to afford greater protection to residents of long-term care facilities. Because the legislation has not lived up to expectations, the author advocates for further legislative action to protect the dwindling bundle of rights of the elderly.
The Relation Between Autonomy-Based Rights And Profoundly Mentally Disabled Persons, Norman L. Cantor
The Relation Between Autonomy-Based Rights And Profoundly Mentally Disabled Persons, Norman L. Cantor
Annals of Health Law and Life Sciences
A chapter from his forthcoming book "Deciding for the Profoundly Mentally Disabled," Professor Norman Cantor argues persuasively for the right of incompetent persons to have a surrogate make critical medical decisions on their behalf, particularly in the context of refusing life-sustaining treatment. While abusive surrogate decisionmaking is always a concern, Professor Cantor recommends both substantive and procedural protections in order to preserve intrinsic human dignity for the profoundly disabled.
An Emtala Primer: The Impact Of Changes In The Emergency Medicine Landscape On Emtala Compliance And Enforcement, Tiana Mayere Lee
An Emtala Primer: The Impact Of Changes In The Emergency Medicine Landscape On Emtala Compliance And Enforcement, Tiana Mayere Lee
Annals of Health Law and Life Sciences
Tiana Lee's article provides an overview and update on the latest in the Emergency Medical Treatment and Active Labor Act (EMTALA). Reviewing the history of the statute, explaining some of the relevant regulations, and exploring government enforcements efforts to date, Ms. Lee highlights the benefits and drawbacks of the statute and recommends ways to ameliorate EMTALA's weaknesses.
Damned If They Do, Damned If They Don't: The Need For A Comprehensive Public Policy To Address The Inadequate Management Of Pain, Amy J. Dilcher
Damned If They Do, Damned If They Don't: The Need For A Comprehensive Public Policy To Address The Inadequate Management Of Pain, Amy J. Dilcher
Annals of Health Law and Life Sciences
Amy Dilcher examines the need for a comprehensive pain policy and argues that opioids-highly effective drugs for pain management-should be legally and practicably accessible to medical professionals and their patients, as and when needed to provide relief from pain. The article synthesizes a number of perspectives regarding the regulation of pain management and demonstrates that the inadequate treatment of pain stems from a multitude of barriers. After reviewing Congressional action on the topic, Ms. Dilcher concludes with recommendations for a more comprehensive pain policy that would enhance the management of pain.
Considerations In Medicare Reform: The Impact Of Medicare Preemption On State Laws, Michael J. Jackonis Jr.
Considerations In Medicare Reform: The Impact Of Medicare Preemption On State Laws, Michael J. Jackonis Jr.
Annals of Health Law and Life Sciences
This article explores the key issues involved in understanding the impact of Medicare preemption on state laws affecting the federal purchase of managed care products, as a consideration in future Medicare reform. Author Commander Jackonis argues that any further Medicare reform must address the impact of federal preemption on quality and quantity of care purchased in order to ensure the existence of a market of product providers, as well as to ensure protection of patient rights and benefits.
Federal Tax-Exemption Requirements For Joint Ventures Between Nonprofit Hospital Providers And For-Profit Entities: Form Over Substance?, Gary J. Young
Annals of Health Law and Life Sciences
This article discusses the IRS rule on hospital joint ventures and related legal developments. The central thesis is that the IRS's emphasis on operational control is misplaced from both a legal and a policy perspective, and reflects a decidedly strong preference for the form of a joint venture's governance over the substance of its charitable and community service activities. More specifically, the article challenges the IRS position that the rule is a corollary of existing tax law principles. Additionally, social science research is presented to demonstrate that the rule is not likely to promote, and may in fact undermine, United …
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Barbara Youngberg
Private Responses To The Crisis, Barbara Youngberg
Annals of Health Law and Life Sciences
No abstract provided.
Will The Supreme Court Finally Eliminate Erisa Preemption?, David L. Trueman
Will The Supreme Court Finally Eliminate Erisa Preemption?, David L. Trueman
Annals of Health Law and Life Sciences
David Trueman's article reviews the history of ERISA preemption by analyzing seminal Supreme Court cases and predicts the future of ERISA preemption in his analysis of recent federal case law. Traditionally, the ability to hold a managed care entity responsible for its actions has been hampered by a strict interpretation of the preemption clauses of ERISA but as the Supreme Court's jurisprudence has evolved and loosened, several federal courts have allowed suits against managed care companies to go forward. Conflict among the federal circuits has arisen and the Supreme Court has granted certiorari to two cases from Texas in order …
Breaking Through The Silence: Illegality Of Performing Resuscitation Procedures On The "Newly-Dead", Daniel Sperling
Breaking Through The Silence: Illegality Of Performing Resuscitation Procedures On The "Newly-Dead", Daniel Sperling
Annals of Health Law and Life Sciences
Israeli author Daniel Sperling brings to a light a disturbing practice that is taking place in some teaching hospitals throughout the world - the practice of resuscitation procedures on newly dead patients without the consent of the next-of-kin. Mr. Sperling examines some of the policies and procedures in place to prevent such practice and also looks at the ethical principles that should guide such procedures. The paper also reviews the general issue of consent in the context of medical decision-making and discusses potential legal claims that might be available to persons who have not been consulted or informed before such …
The Current Medical Liability Insurance Crisis: An Overview Of The Problem, Its Catalysts And Solutions, Christina O. Jackiw
The Current Medical Liability Insurance Crisis: An Overview Of The Problem, Its Catalysts And Solutions, Christina O. Jackiw
Annals of Health Law and Life Sciences
No abstract provided.
Medical Societies' Self-Policing Of Unprofessional Expert Testimony, Russell M. Pelton
Medical Societies' Self-Policing Of Unprofessional Expert Testimony, Russell M. Pelton
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Joseph Murphy
Private Responses To The Crisis, Joseph Murphy
Annals of Health Law and Life Sciences
No abstract provided.
A Patient Perspective: Focusing On Compensating Harm, Valerie Witmer
A Patient Perspective: Focusing On Compensating Harm, Valerie Witmer
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Robert W. Mulcahey
Private Responses To The Crisis, Robert W. Mulcahey
Annals of Health Law and Life Sciences
No abstract provided.
A Physician's Perspective On The Medical Malpractice Crisis, Amanda Craig
A Physician's Perspective On The Medical Malpractice Crisis, Amanda Craig
Annals of Health Law and Life Sciences
No abstract provided.