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Full-Text Articles in Legal Writing and Research
The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore
Belmont Law Review
In response to growing litigation between doctors and hospitals and the recalcitrance of some hospitals to initiate proper peer review actions against incompetent or unprofessional doctors, Congress passed the Health Care Quality Immunity Act in 1986. HCQIA provided immunity for hospitals that engaged in peer review, presuming immunity from both federal and state law claims if the hospital had satisfied the statutory safeguards. One of these statutory requirements is “adequate notice and procedures” for the doctors at issue. It is abundantly clear in both the legislative history of HCQIA and the case law surrounding HCQIA immunity that section 11112(a)(3) was …
Our Patient System And Health Care Information Technology: Valuable Incentive Or Impediment To Innovation?, Gary Montle, Ryan Levy, Margaret Rowland
Our Patient System And Health Care Information Technology: Valuable Incentive Or Impediment To Innovation?, Gary Montle, Ryan Levy, Margaret Rowland
Belmont Law Review
Patentable inventions have often been transformative, but the pace of such innovation has changed exponentially in the last thirty years. The patent law still seeks to reward ingenuity and nowhere should this maxim be truer than in the area of health information technology. But the pace and scope of changes in that arena have made rewarding that ingenuity with a patent increasingly difficult. The courts have struggled to apply patent laws to technology that is new and novel to a fault. This Article seeks to address how it is possible to continue to reward ingenuity in a field where progress …
For Patients And Profits: Ethical Astuteness And The Business Of Dialysis, Joshua E. Perry
For Patients And Profits: Ethical Astuteness And The Business Of Dialysis, Joshua E. Perry
Belmont Law Review
The view of ethical astuteness introduced and outlined in this paper aims to add value for a firm in the healthcare business – with a particular application to a for-profit organization providing dialysis services – by addressing two chief concerns: A.) The competing priorities between the patient’s interest in the healthcare encounter and the investor’s interest in generating a return on profits; and B.) The vulnerabilities of a financially-conflicted, for-profit healthcare provider to an allegation of medical malpractice.