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Full-Text Articles in Medical Jurisprudence
The Bitter Pill Of Empiricism: Health Maintenance Organizations, Informed Consent, And The Reasonable Psychotherapist Standard Of Care, Ellen Wertheimer
The Bitter Pill Of Empiricism: Health Maintenance Organizations, Informed Consent, And The Reasonable Psychotherapist Standard Of Care, Ellen Wertheimer
Ellen Wertheimer
Although adequate for holding most professionals to certain levels of conduct, the doctrine of negligence has traditionally been difficult to apply to treatment decisions in the mental health arena. The reasons offered for this difficulty all appear to revolve around the fact that psychology is still very much a philosophy and not a science, making it difficult to establish a clear standard of care. The advent of managed behavioral health care, with its accompanying emphasis on scientifically supported intervention, promises to rectify this situation. Managed behavioral health care is forcing the field of psychotherapy into changing its fundamental nature, from …
Defending Physicians Charged With Misconduct, Gerald Lebovits
Defending Physicians Charged With Misconduct, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
The Proposed Patients' Bill Of Rights: The Case Of The Missing Equal Protection Clause, Dean Hashimoto
The Proposed Patients' Bill Of Rights: The Case Of The Missing Equal Protection Clause, Dean Hashimoto
Dean M. Hashimoto
Congress is considering passing a patients' bill of rights. The proposed reform provides for appeals of disagreements between managed care organizations and patients over treatment decisions and also ensures access to specialists and emergency rooms. These reforms place a heavy emphasis on regulating managed care groups by assigning due process rights to patients of privately funded health plans. This article offers a vision of an alternative reform based on principles of both equality and due process. Empirical research demonstrates that although managed care systems appear to provide roughly adequate health care for the general public, they may not be providing …