Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Duty of care (2)
- Ohio law (2)
- 360k(a) (1)
- 510(k) (1)
- Adoption (1)
-
- Case law (1)
- Child health (1)
- Clinical trial legislation (1)
- Country specific health problems (1)
- Defining experimental treatment (1)
- Design defect (1)
- Drive-through deliveries (1)
- Drug approval process (1)
- Experimental medical treatment (1)
- Experimental treatment exclusions (1)
- FDA (1)
- FMA (1)
- Federal legislation (1)
- Health care (1)
- Inpatient postpartum hospital stays (1)
- International adoption (1)
- Legislation mandating minimum postpartum hospital stays (1)
- Liability (1)
- MCOs (1)
- Maternity leave (1)
- Maternity stay (1)
- Medical Practice Guidelines (1)
- Medical device manufacturer liability (1)
- Medtronic v. Lohr (1)
- National standard of care (1)
Articles 1 - 8 of 8
Full-Text Articles in Health Law and Policy
Is Law The Prescription That Can Cure Medicine?, Samuel Gorovitz
Is Law The Prescription That Can Cure Medicine?, Samuel Gorovitz
Journal of Law and Health
Now medical care has been transformed. We recognize that the human organism is a complex interaction of many different systems-respiratory, circulatory, neurological, digestive, and so on. Some of them can fail and create both problems and opportunities we did not formerly have. One of the opportunities we now have is that we can keep people alive who in an earlier era would not have survived. And one of the problems we now have is also that we can keep people alive who in an earlier era would not have survived. Some of them are kept alive with such diminished capacity …
Government Created Medical Practice Guidelines: The Opening Of Pandora's Box, William R. Trail, Brad A. Allen
Government Created Medical Practice Guidelines: The Opening Of Pandora's Box, William R. Trail, Brad A. Allen
Journal of Law and Health
This article will discuss the background and creation of medical practice guidelines in part II. Next, we will define and discuss in Part III the two primary types of medical practice guidelines: privately created guidelines and government created guidelines. In Part IV, we will compare and contract the current medical practice guidelines programs in operation. Finally, we will recommend in section V that a medical practice guidelines program offering an affirmative defense to complying physicians should be implemented on the state level.
Tuberculosis Quarantine: A Review Of Legal Issues In Ohio And Other States, Paula Mindes
Tuberculosis Quarantine: A Review Of Legal Issues In Ohio And Other States, Paula Mindes
Journal of Law and Health
The increase in tuberculosis cases in the United States in recent years has led to a major reconsideration of long-dormant public health strategies. Isolation of contagious persons, whether at home or in treatment facilities is one of the measures receiving renewed attention. Public health and legal authorities must reassess these measures from the point of view of their necessity, utility and constitutionality. The law currently in force in Ohio originated before expanded protection of civil liberties. If Ohio public health officials find it necessary to use existing quarantine procedures with tuberculosis patients they will be on shaky constitutional ground. As …
Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry
Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry
Journal of Law and Health
This comment discusses the Medical Device Amendments of the Federal Food, Drug, and Cosmetic Act and its effect on the marketing of medical products. Part II examines the statutory language of the MDA and its regulatory impact on medical devices. Part III explores the history of the preemption doctrine established by the Supreme Court Cipollone. Part IV delineates the facts and procedural history of Medtronic v. Lohr and analyzes the effect of this case on the federal preemption of state common law suits. Finally, Part V assesses the impact of this decision on the medical device industry and the expansiveness …
Intercountry Adoption: A Need For Mandatory Medical Screening, Darya P. Jeffreys
Intercountry Adoption: A Need For Mandatory Medical Screening, Darya P. Jeffreys
Journal of Law and Health
Despite the numerous benefits of intercountry adoption, most families do not consider the possible health ramifications. Since adoptive parents are unsuspecting of ailments associated with foreign countries, a complete pediatric examination is a must after receiving the foreign adoptee. Such a pediatric examination will be effective when it is uniform and thorough, but without such an examination both parents and physicians remain in the dark about the child's health. Congress ought to amend the Immigration and Nationality Act (INA) to require a standard pediatric examination for all foreign adoptees, regardless of the country of origin, as a condition to approval …
Mandating Coverage For Maternity Length Of Stays: Certain Problems With The Good Idea, Kate E. Ryan
Mandating Coverage For Maternity Length Of Stays: Certain Problems With The Good Idea, Kate E. Ryan
Journal of Law and Health
This paper will outline the issues influenced by the Newborns' Act and the Maternity Law, including federalism. Likewise, the paper examines certain shortcomings of the maternity legislation. Section II focuses on Ohio's Maternity Law and whether it will prove effective as exemplified by Cleveland's maternity health care standards. Section III addresses the Newborns' Act and how it will influence federalism. Additionally, section III compares the Newborns' Act to the Maternity Law Section IV explores how the concurrent regulations may affect maternity health care.
What Is Experimental Medical Treatment: A Legislative Definition Is Needed, Melody L. Harness
What Is Experimental Medical Treatment: A Legislative Definition Is Needed, Melody L. Harness
Cleveland State Law Review
This note focuses on the highly publicized coverage disputes involving HDCr/ABMT for the treatment of breast cancer to illustrate the problems inherent in courts judging medical technology and legislatures politicizing medical technology. The problems exist, however, with respect to every developing medical technology for which there is no consensus on its safety and effectiveness. Part II of this note depicts the typical scenario involving a patient with metastatic breast cancer. Part III outlines the drug approval process and off-label drug use. Part IV describes HDCT/ABMT treatment and discusses the lack of consensus regarding its efficacy for the treatment of breast …
Drive-Through Deliveries: Indiscriminate Postpartum Early Discharge Practices Presently Necessitate Legislation Mandating Minimum Inpatient Hospital Stays, Tracy Wilson Smirnoff
Drive-Through Deliveries: Indiscriminate Postpartum Early Discharge Practices Presently Necessitate Legislation Mandating Minimum Inpatient Hospital Stays, Tracy Wilson Smirnoff
Cleveland State Law Review
"Drive-through deliveries," women delivering their babies and leaving the hospital only a few hours, rather than days, later are increasingly becoming the standard of care in the United States. This Note argues that legislation mandating minimum inpatient postpartum hospital stays is presently the best possible solution to the overreaching control MCOs have over doctors, the standard of care, and the length of hospital stays based on their willingness to cover treatment. Part H of this Note reviews the development of postpartum care during the twentieth century. This section also discusses the reasoning for the concerns regarding the early discharge of …