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Bioethics and Medical Ethics

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Full-Text Articles in Law

Health Care Referrals Out Of The Shadows: Recognizing The Looming Threat Of The Texas Patient Solicitation Act And Other Illegal Remuneration Statutes, Trenton Brown Aug 2018

Health Care Referrals Out Of The Shadows: Recognizing The Looming Threat Of The Texas Patient Solicitation Act And Other Illegal Remuneration Statutes, Trenton Brown

St. Mary's Law Journal

Abstract forthcoming

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Mid-Atlantic Ethics Committee Newsletter, Spring 2018 Apr 2018

Mid-Atlantic Ethics Committee Newsletter, Spring 2018

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Fall 2017 Oct 2017

Mid-Atlantic Ethics Committee Newsletter, Fall 2017

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Summer 2017 Jul 2017

Mid-Atlantic Ethics Committee Newsletter, Summer 2017

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Fall 2016 Oct 2016

Mid-Atlantic Ethics Committee Newsletter, Fall 2016

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Spring 2016 Apr 2016

Mid-Atlantic Ethics Committee Newsletter, Spring 2016

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Winter 2016 Jan 2016

Mid-Atlantic Ethics Committee Newsletter, Winter 2016

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Fall 2015 Oct 2015

Mid-Atlantic Ethics Committee Newsletter, Fall 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Summer 2015 Jul 2015

Mid-Atlantic Ethics Committee Newsletter, Summer 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton Jun 2015

Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton

Timothy D. Lytton

This essay critically evaluates Richard Thaler and Cass Sunstein’s proposal to allow patients to prospectively waive their rights to bring a malpractice claim, presented in their recent, much acclaimed book, Nudge: Improving Decisions about Health, Wealth and Happiness. We show that the behavioral insights that undergird Nudge do not support the waiver proposal. In addition, we demonstrate that Thaler and Sunstein have not provided a persuasive cost-benefit justification for the proposal. Finally, we argue that their liberty-based defense of waivers rests on misleading analogies and polemical rhetoric that ignore the liberty and other interests served by patients’ tort law rights. …

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Mid-Atlantic Ethics Committee Newsletter, Winter 2015 Jan 2015

Mid-Atlantic Ethics Committee Newsletter, Winter 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Fall 2014 Oct 2014

Mid-Atlantic Ethics Committee Newsletter, Fall 2014

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Informed Consent, Psychotropic Medications, And A Prescribing Physician's Duty To Disclose Safer Alternative Treatments, Rita F. Barnett May 2014

Informed Consent, Psychotropic Medications, And A Prescribing Physician's Duty To Disclose Safer Alternative Treatments, Rita F. Barnett

Rita Barnett-Rose

The use of psychotropic medication to treat any presumed mental health disorder always involves serious risks of harm. Accordingly, before prescribing psychotropic medication to control the behaviors associated with a presumed mental health disorder, prescribing physicians are required, under various medical ethical guidelines and informed consent laws, to first disclose information regarding available alternative treatment options, and the risks and benefits of such alternative treatment options. Indeed, because psychotropic medications are themselves experimental treatments due to the concededly unknown etiology of most mental health disorders, disclosing safer alternative treatments would seem to be a particularly critical aspect of a prescribing …

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Mid-Atlantic Ethics Committee Newsletter, Spring 2014 Apr 2014

Mid-Atlantic Ethics Committee Newsletter, Spring 2014

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Winter 2014 Jan 2014

Mid-Atlantic Ethics Committee Newsletter, Winter 2014

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Fall 2013 Oct 2013

Mid-Atlantic Ethics Committee Newsletter, Fall 2013

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Spring 2013 Apr 2013

Mid-Atlantic Ethics Committee Newsletter, Spring 2013

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Winter 2013 Jan 2013

Mid-Atlantic Ethics Committee Newsletter, Winter 2013

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Spring 2012 Apr 2012

Mid-Atlantic Ethics Committee Newsletter, Spring 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Fall 2011-Winter 2012 Oct 2011

Mid-Atlantic Ethics Committee Newsletter, Fall 2011-Winter 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Spring-Summer 2011 Apr 2011

Mid-Atlantic Ethics Committee Newsletter, Spring-Summer 2011

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Winter 2011 Jan 2011

Mid-Atlantic Ethics Committee Newsletter, Winter 2011

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Fall 2010 Oct 2010

Mid-Atlantic Ethics Committee Newsletter, Fall 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Summer 2010 Jul 2010

Mid-Atlantic Ethics Committee Newsletter, Summer 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Winter 2010 Jan 2010

Mid-Atlantic Ethics Committee Newsletter, Winter 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton Jan 2010

Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton

All Faculty Scholarship

This essay critically evaluates Richard Thaler and Cass Sunstein’s proposal to allow patients to prospectively waive their rights to bring a malpractice claim, presented in their recent, much acclaimed book, Nudge: Improving Decisions about Health, Wealth and Happiness. We show that the behavioral insights that undergird Nudge do not support the waiver proposal. In addition, we demonstrate that Thaler and Sunstein have not provided a persuasive cost-benefit justification for the proposal. Finally, we argue that their liberty-based defense of waivers rests on misleading analogies and polemical rhetoric that ignore the liberty and other interests served by patients’ tort law rights. …

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Mid-Atlantic Ethics Committee Newsletter, Fall 2009 Oct 2009

Mid-Atlantic Ethics Committee Newsletter, Fall 2009

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Spring 2009 Apr 2009

Mid-Atlantic Ethics Committee Newsletter, Spring 2009

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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The Ethical Foundations Of Consumer-Driven Health Care, Marshall B. Kapp Jan 2009

The Ethical Foundations Of Consumer-Driven Health Care, Marshall B. Kapp

Journal of Health Care Law and Policy

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Fall 2008 Oct 2008

Mid-Atlantic Ethics Committee Newsletter, Fall 2008

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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