Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006),
2015
The John Marshall Law School
Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006), Marc Ginsberg, Patricia C. Nowak
Marc D. Ginsberg
No abstract provided.
Informed Consent And The Differential Diagnosis: How The Law Overestimates Patient Autonomy And Compromises Health Care, 60 Wayne L. Rev. 349 (2014),
2015
The John Marshall Law School
Informed Consent And The Differential Diagnosis: How The Law Overestimates Patient Autonomy And Compromises Health Care, 60 Wayne L. Rev. 349 (2014), Marc Ginsberg
Marc D. Ginsberg
The purpose of this paper is not simply to re-examine the doctrine of informed consent. The purpose, however, is to identify how the doctrine has evolved, its scope expanded, and how it has created serious consequences for physicians and patients. Specifically, this paper focuses on the differential diagnosis - the process by which a physician arrives at a diagnosis - and how some jurisdictions have manipulated informed consent to encompass this process. This paper will urge that the application of informed consent to the differential diagnosis is an unnecessary expansion of the doctrine and, potentially, compromises health care.
Apparent Authority And Healthcare In Illinois, 22 N. Ill. U. L. Rev. 475 (2002),
2015
The John Marshall Law School
Apparent Authority And Healthcare In Illinois, 22 N. Ill. U. L. Rev. 475 (2002), Marc Ginsberg
Marc D. Ginsberg
No abstract provided.
How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010),
2015
The John Marshall Law School
How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010), Marc Ginsberg
Marc D. Ginsberg
No abstract provided.
Not For The Faint Of Heart: Does A Hospital Owe A Duty To Warn A Squeamish Visitor?, 41 J. Marshall L. Rev. 473 (2008),
2015
John Marshall Law School
Not For The Faint Of Heart: Does A Hospital Owe A Duty To Warn A Squeamish Visitor?, 41 J. Marshall L. Rev. 473 (2008), Marc D. Ginsberg, Tricia E. Mcvicker
Marc D. Ginsberg
No abstract provided.
Beyond The Viewbox: The Radiologist's Duty To Communicate Findings, 35 J. Marshall L. Rev. 359 (2002),
2015
John Marshall Law School
Beyond The Viewbox: The Radiologist's Duty To Communicate Findings, 35 J. Marshall L. Rev. 359 (2002), Marc Ginsberg
Marc D. Ginsberg
No abstract provided.
Stop Warehousing The Mentally Ill In Prisons,
2015
Western New England University School of Law
Stop Warehousing The Mentally Ill In Prisons, Lauren Carasik
Media Presence
No abstract provided.
Mentally Retarded Citizen And The Law,
2015
Notre Dame Law School
Mentally Retarded Citizen And The Law, Thomas Shaffer, Michael Kindred, Lawrence Kane
Thomas L. Shaffer
No abstract provided.
The American Health Care System, Health Care Reform, And The Effects Of The Affordable Care Act,
2015
Union College - Schenectady, NY
The American Health Care System, Health Care Reform, And The Effects Of The Affordable Care Act, Adam Becker
Honors Theses
Through the lens of access, quality, and cost I will present and outline the various historical approaches to health care reform, how they have contributed to the formation of our current system, and a preliminary evaluation of the Affordable Care Act. Specifically, I will be analyzing these major reforms in relation to, and their impact, on healthcare payers and providers. By understanding prior health care reform, it will provide the necessary foundation to properly investigate the prospects of success for the ACA. In order to address these questions, I investigated the evolution of the medical professional and modern hospitals, the …
How Will Texas’ Affordable Care Act Implementation Decisions Affect The Population? A Closer Look,
2015
George Washington University
How Will Texas’ Affordable Care Act Implementation Decisions Affect The Population? A Closer Look, Sara J. Rosenbaum, Sara Rothenberg, Sara Ely
Geiger Gibson/RCHN Community Health Foundation Research Collaborative
The Affordable Care Act (ACA) gives states two key choices: Whether to expand Medicaid to cover poor uninsured adults; and whether to establish a state Exchange. No population stands to gain more from these choices than residents of Texas, who experience the nation’s highest uninsured rate. National estimates show that by not expanding Medicaid, the state has foregone coverage for 1.5 million people. County‐level estimates show that in 249 out of 254 counties, the proportion of uninsured adults exceeds 20 percent of the total adult county population. In 31 counties, the proportion of low income uninsured adults exceeds 60 percent …
Introduction: Positioning Universal Health Coverage In The Post-2015 Development Agenda,
2015
University of Washington School of Law
Introduction: Positioning Universal Health Coverage In The Post-2015 Development Agenda, Andrea L. Frey
Washington International Law Journal
Protecting and promoting health is central to sustained economic and social development. Three of the eight United Nations Millennium Development Goals (“MDGs”) focused on health, including reducing incidences of HIV and malaria, improving maternal health, and reducing child mortality. Although specifying disease areas and health outcomes ensured that the targets had a clear focus, it also created many problems. In particular, the approach neglected the creation of strong, effective health systems. The UN’s adoption of the MDGs in 2000 created greater recognition that sustaining progress in health depends on such systems in the international community. The MDGs conclude at the …
Innovative Financing And Sustainable Development: Lessons From Global Health,
2015
University of Washington School of Law
Innovative Financing And Sustainable Development: Lessons From Global Health, David Gartner
Washington International Law Journal
The growth of innovative financing for development over the last decade has demonstrated the enormous potential of new mechanisms for generating resources beyond traditional official development assistance. In the global health sector, diverse innovative finance institutions provide a window into the relative merits of approaches that rely on taxation, bonds, and advanced contract arrangements. The experience of IFFIm, UNITAID, and the AMC offer broader insights into the importance of sustainability and participation in ensuring the success of innovative finance mechanisms, as well as the potential for innovative financing to contribute to realizing the Sustainable Development Goals. The most successful of …
The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements,
2015
University of Maryland Francis King Carey School of Law
The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements, Natalie R. Bilbrough
Maryland Law Review
No abstract provided.
Who’S To Blame? Blame Attributions And Obesity-Related Law And Policy,
2015
University of Nebraska-Lincoln
Who’S To Blame? Blame Attributions And Obesity-Related Law And Policy, Lindsey E. Wylie
Department of Psychology: Dissertations, Theses, and Student Research
Obesity is a foremost public health concern that has received considerable attention. Because of this so-named “epidemic,” law-makers are challenged with implementing effective policies that the public supports. Little is known, however, about the antecedents and consequences of these policies—especially attributions of blameworthiness. Study 1 developed the Obesity Blame Attribution Scale (OBAS). Confirmatory factor analysis demonstrated that controllability, responsibility and dispositional blame were separate constructs and were part of a higher-order dispositional blame factor. Situational blame was a separate higher-order factor, not correlated with dispositional blame, consisting of blame toward the food industry and towards government policy. Using the OBAS, …
Matched Preferences And Values: A New Approach To Selecting Legal Surrogates,
2015
University of San Diego
Matched Preferences And Values: A New Approach To Selecting Legal Surrogates, Nina A. Kohn
San Diego Law Review
Every day, hospitals are filled with incapacitated patients whose healthcare decisions are made by someone else. The law recognizes such decisions as the patient’s own, and accordingly, the primary purpose of surrogate decisionmakers is to make the decisions that patients would make if able. Unfortunately, surrogate decisionmakers frequently make choices for patients that are inconsistent with patient wishes. Indeed, social psychology literature on surrogate decisionmaking finds a stronger correlation between surrogates’ decisions for patients and what the surrogates would want for themselves, than between the surrogates’ decisions and what the patients actually would want. Although others have treated surrogates’ tendency …
Toward Coherent Federal Oversight Of Medicine,
2015
University of San Diego
Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler
San Diego Law Review
The conventional wisdom in U.S. health law and policy holds that states regulate medical practice—the activities of physicians and other health care professionals—while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a primarily state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to conventional wisdom, the …
The Affordable Care Act Dependent Health Insurance Mandate's Effect On The Life Satisfaction Of Young Adults,
2015
Union College - Schenectady, NY
The Affordable Care Act Dependent Health Insurance Mandate's Effect On The Life Satisfaction Of Young Adults, Kirti Chakote
Honors Theses
On September 23, 2010, the dependent health insurance mandate of the Affordable Care Act (ACA) increased the family health insurance coverage of young adults up to age 26. The present study principally examined the effect of this mandate on life satisfaction of young adults, in addition to health care access, self-reported health, preventative care, and labor market outcomes. Through health insurance coverage, it is hypothesized that the ACA mandate will lead to a higher life satisfaction in young adults. Using the Behavior Risk Factor Surveillance System data of 2005 through 2013 to assess the effect of the ACA mandate, this …
America's Unraveling Safety Net: Emtala's Effect On Emergency Departments, Problems And Solutions,
2015
Marquette University Law School
America's Unraveling Safety Net: Emtala's Effect On Emergency Departments, Problems And Solutions, Tristan Dollinger
Marquette Law Review
none
How An Inaccurate Soundbite Might Take Down Obamacare,
2015
Georgia State University College of Law
How An Inaccurate Soundbite Might Take Down Obamacare, Eric J. Segall
Eric J. Segall
No abstract provided.
Mirror Neurons, The New Neuroscience, And The Law: Some Preliminary Observations, 39 Sw. L. Rev. 499 (2010),
2015
The John Marshall Law School, Chicago
Mirror Neurons, The New Neuroscience, And The Law: Some Preliminary Observations, 39 Sw. L. Rev. 499 (2010), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
