Law Commons^™

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.

Is It The End Of An Era Or The Beginning Of An Error? The American Medical Association Finally Approves Work Hour Limits For Overworked & Sleep Deprived Medical Residents: Should Osha Still Step In?, W. Paige Hren

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Outside The Classroom: Teaching And Evaluating Future Physicians, David Stern

Georgia State University Law Review

No abstract provided.

Licensing Health Care Professionals: Has The United States Outlived The Need For Medical Licensure?, Gregory Dolin

All Faculty Scholarship

With an expanding market for what is now known as "complimentary and alternative" medicine (CAM), states are increasingly facing the issue of who can and who should be allowed to practice medicine. Of necessity, this question also concerns whom patients may see to treat their ailments.

This paper will argue that the struggle to define who is and who is not licensed to practice medicine is rather fruitless and will always leave patients with less choice than they desire. Part II will review the history of licensure in the United States. Parts III and IV will focus on benefits and …

Be Not Afraid Of Change: Time To Eliminate The Corporate Practice Of Medicine Doctrine, Nicole Huberfeld

Law Faculty Scholarly Articles

This article focuses on three key reasons that the corporate practice of medicine doctrine should be laid to rest. First, the motives for creating the corporate practice of medicine doctrine are long gone; it has been some time since physicians have been able to operate as a guild of autonomous providers of health care. The delivery and financing of health care places physicians in an integrated system that is only frustrated by the corporate practice of medicine doctrine. Second, it is disingenuous to pretend that physicians are not influenced by financial gain. This is handily evidenced by the federal and …

Exploitation Of The Elite: A Case For Physician Unionization, Dionne L. Koller

All Faculty Scholarship

Our intuition tells us that physicians are elites, and therefore they cannot be exploited. Relying on this intuition, we adopt policies which attempt to provide a health care system that gives first-quality care, at the lowest prices, delivered through a “free-market” system. As the key gatekeepers to health care, physicians are thus caught in the middle. Top-notch American health care costs money and for-profit MCOs must watch their bottom line. Rationing, therefore, is key. The issue is, assuming we have decided that free-market health care is the solution, how much should physicians have to sacrifice in the name of the …

Immunity Of Volunteer Health Care Providers In Texas: Bartering Legal Rights For Free Medical Care Comment, Gwendolyn Pulido

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas should not rely on Congress to cure the problem of indigent access to healthcare. Despite recent proposals to create a unified healthcare system, the United States continues to allow the welfare of its poor citizens to ride the wave of the free market. Unlike the U.S., several international declarations have acknowledged the inherent human right to healthcare including the World Health Organization (WHO), the United Nations Universal Declaration of Human Rights, and the United Nations’ adoption of the Covenant on Economic, Social, and Cultural Rights (The Covenant). Despite the recognition of a right to healthcare, there is still no …

Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford

St. Mary's Law Journal

The revision of the Texas Workers’ Compensation Act will affect most Texas taxpayers and workers. The Act, entering into force January 1, 1991, significantly restructures the preexisting seventy-six-year-old system. Before the advent of workers’ compensation systems employees relied on the court and common-law causes of action as the sole means of recovery. In 1913, Texas enacted one of the first versions of workers’ compensation in the United States. The original act created a system to compensate workers for injuries sustained during employment without regard to fault. Initially the act was elective for employers and mandatory for employees but was later …

The Teaching Of Legal Medicine In Medical Schools In The United States, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Book Reviews

Fordham Law Review

No abstract provided.

The Medical Witness (Film Review), William J. Curran

Indiana Law Journal

No abstract provided.