Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein,
2010
University of Pennsylvania Carey Law School
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. …
Bioethics And Biosecurity Education In China: Rise Of A Scientific Superpower.,
2010
University of Michigan Law School
Bioethics And Biosecurity Education In China: Rise Of A Scientific Superpower., Barr S. Michael, Joy Yueyue Zhang
Book Chapters
This chapter explores ethics, education and the life sciences in China. It is based on work conducted by the authors in two separate but complimentary projects. Barr’s observations derive from interviews and discussions in Beijing, Shanghai and Guangzhou with life scientists and policymakers in infectious-disease hospitals, university-research labs, the Chinese Academy of Sciences, and the Ministry of Health. Zhang’s study focused on China’s governance of stem-cell research and involved interviews with scientists, ethicists and policymakers at more than 25 sites across China. Below, we set the context by describing the role of science in China’s quest to become a leading …
From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy,
2010
Georgia State University College of Law
From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, Patricia J. Zettler, Seema K. Shah
Faculty Publications By Year
Although there has been considerable attention to the plight of terminally ill patients with highly sympathetic constitutional and contractual claims that they should be permitted access to unapproved drugs, courts have been appropriately reluctant to grant such claims. Congress and administrative agencies have the requisite institutional competence to decide complex policy issues related to science and health care such as those involved in establishing an expanded access program. Congress and FDA should allow only limited access to unapproved therapies because there are significant concerns about the safety and efficacy of unapproved drugs. Moreover, many of the proposals to widen access …
Closing The Medical Buffet,
2009
Bond University
Closing The Medical Buffet, Katrina Bramstedt
Katrina A. Bramstedt
Extract:The standard hotel breakfast buffet includes trays of eggs Benedict, bacon, oatmeal, sliced fruit, muffins and bagels. Now imagine another type of buffet: the medical buffet. Instead of food, imagine a long table with segmented areas containing dialysis machines, ventilators, feeding tubes, organs for transplant, ventricular assist devices, blood for transfusion, transcutaneous electrotherapy devices, and spinal cord stimulation implants. Patients and families sometimes feel that the mere existence of a bounty of medical technology equates to their right to use it, even if the technology will offer no benefit. Skillful language from clinicians is needed in order that a message …
Science And Morals In The Affective Psychopathology Of Philippe Pinel,
2009
The University of Western Ontario
Science And Morals In The Affective Psychopathology Of Philippe Pinel, Louis Charland
Louis C. Charland
No abstract provided.
Examining The Root Cause Of Surrogate Conflicts In The Icu And General Wards,
2009
Bond University
Examining The Root Cause Of Surrogate Conflicts In The Icu And General Wards, Katrina Bramstedt, Allison Rubin
Katrina A. Bramstedt
This study is an analysis of surrogate-focused ethics consultations in the Intensive Care Unit (ICU) and the general wards (Ward) of a large community hospital in Northern California. We identified the major themes of surrogate-focused ethics consultations to better understand the root cause of surrogate conflicts, and identified the similarities and differences between surrogate-based conflicts in the two settings. Consults requested because the surrogate had desires that conflicted with the physician’s medical opinion of ‘best interest’, or cases involving surrogates not upholding a patient’s known values reflected the root cause of the majority of surrogate conflicts (72.7% ICU, 83.3% Ward).
Reinstating The Passions: Lessons From The History Of Psychopathology,
2009
The University of Western Ontario
Reinstating The Passions: Lessons From The History Of Psychopathology, Louis Charland
Louis C. Charland
No abstract provided.
Too Poor For Transplant: Finance And Insurance Issues In Transplant Ethics,
2009
Bond University
Too Poor For Transplant: Finance And Insurance Issues In Transplant Ethics, Kyle Laurentine, Katrina Bramstedt
Katrina A. Bramstedt
Context: Donor organs are a scarce gift. Additionally, transplantation is very expensive and the United States lacks universal health insurance for all citizens. These facts combine to make personal finance and insurance some of the criteria for wait listing at US transplant centers. Previous research has shown that the poor and the uninsured (as well as women and nonwhites) are less likely to receive a transplant. Living donor candidates are also limited by the US insurance system. Objective: To determine the effect of finance and insurance variables on access to transplant and living donation. Design: A qualitative descriptive study of …
