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Hospitals, Health Care Professionals, And Aids: The "Right To Know" The Health Status Of Professionals And Patients, Larry Gostin

Maryland Law Review

No abstract provided.

The Aids Project:Creating A Public Health Policy - Rights And Obligations Of Health Care Workers, Karen H. Rothenberg

Maryland Law Review

No abstract provided.

Faith (Healing), Hope And Charity At The Fda: The Politics Of Aids Drug Trials, George J. Annas

Villanova Law Review (1956 - )

No abstract provided.

Annual Survey Of Virginia Law: Health Care Law, Heman A. Marshall Iii

University of Richmond Law Review

Health care law has proven to be a fertile ground for both legislative and judicial activity. The field covers a wide range of legal concerns including regulatory issues such as the Virginia Certificate of Public Need laws, hospital licensure statutes, antitrust issues as they relate to the activities of physicians, hospitals and other health care related institutions, as well as basic issues of contract and tort law. The recent year witnessed substantial legislative and judicial changes. This article discusses these changes as they affect hospitals, physicians and other participants in the health care industry in the Commonwealth of Virginia.

Containing The Aids Virus . . . Testing . . . Reporting . . . Confidentiality . . . Quarantine . . . Constitutional Considerations, Luann A. Polito

Cleveland State Law Review

In addition to illness, disability, and death, AIDS has evoked fear in the hearts and minds of most Americans: fear of the AIDS virus and fear of the unknown. This fear has caused many Americans to act irrationally towards AIDS and its victims. This article will analyze the different legislative acts intended to curtail the spread of the disease and whether these enactments will aid or merely hinder the containment of the AIDS virus. It will illustrate potential conflicts this legislation poses to the AIDS victims' constitutional rights of privacy and liberty. At its conclusion, it will illustrate that with …

Hospitals, Health Care Professionals, And Aids: The "Right To Know" The Health Status Of Professionals And Patients, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article addresses why patients and health care professionals (HCPs) with human immunodeficiency virus (HIV) should have autonomy and privacy rights to choose whether to consent to an HIV test and to disclose their serologic status. It also demonstrates that the risk of HIV transmission in health care settings is exceedingly low, that it is probably lower than other well-accepted risks taken by patients and professionals, and that there are other less intrusive ways to further reduce the risk. The article concludes that knowledge of a patient's serologic status is unlikely to reduce risk, since no effective action could be …

The Politics Of Aids: Compulsory State Powers, Public Health, And Civil Liberties, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article argues that compulsory public powers are justified only if they meet the following criteria: there is a significant risk of transmission of the acquired immune deficiency syndrome (AIDS) virus; the public health response is efficacious in preventing a primary mode of transmission of the virus; the economic, practical, or human rights burdens are not disproportionate to the public health benefits; and the public health power is the least restrictive alternative that would prevent viral transmission.

The author carefully examines the levels of risk posed by behavior which can potentially transmit human immunodeficiency virus (HIV), and demonstrates that compulsory …

Aids, Therapeutic Confidentiality, And Warning Third Parties, Donald H.J. Hermann, Rosalind D. Gagliano

Maryland Law Review

No abstract provided.

The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards

Journal Articles

No abstract provided.

Health Care: An Overview Of The Indian Health Service, William Boyum

American Indian Law Review

No abstract provided.

Confidentiality Policy For Hiv-Related Information: An Analytical Framework For Sorting Out Hard And Easy Cases, Richard C. Turkington

Villanova Law Review (1956 - )

No abstract provided.

Board Of Dental Examiners, M. Lally

California Regulatory Law Reporter

No abstract provided.

Health Law—Vaccine Injuries—Federal Law Prescribes Procedures For Alternatives To Tort Actions For Vaccine-Related Injuries. The National Childhood Vaccine Injury Compensation Act Of 1986. 43 U.S.C. §§ 300aa-1 To -34 (Supp. Iv 1986)., Victoria Bennett

University of Arkansas at Little Rock Law Review

No abstract provided.

A Need For Caring, Judith Areen

Michigan Law Review

A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project

Aids And The Right To Health Care, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Board Action; Series I; File 21, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Legislative Network; Series I; File 90, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Board Of Dental Examiners, T. Sullivan

California Regulatory Law Reporter

No abstract provided.

Annotated Bibliography On Aids, Edmund F. Santa Vicca

Journal of Law and Health

This bibliography was included in the AIDS Symposium held at Cleveland-Marshall College of Law on March 11, 1988 as a helpful reference guide. The Journal would like to thank Edmund Santa Vicca for his ever continuing support in the quest for knowledge.

Aids, Prostitution, And The Use Of Historical Stereotypes To Legislate Sexuality, 21 J. Marshall L. Rev. 777 (1988), Beth Bergman

UIC Law Review

No abstract provided.

Doctor-Patient Confidentiality Versus Duty To Warn In The Context Of Aids Patients And Their Partners, Judith C. Ensor

Maryland Law Review

No abstract provided.

The Aids Epidemic: A Prism Distorting Social And Legal Principles, Alec Gray

New England Journal of Public Policy

The AIDS epidemic is affecting American society in far-reaching and unexpected ways. It touches our institutions, our value systems, and our private lives. Social issues seem to change and become distorted by the epidemic 's prismlike effect. This article examines some of the major public health issues raised by the epidemic, ranging from testing to contact tracing and quarantine. It argues that while the civil rights of individuals may have to be sacrificed to stem the spread of the disease, those rights should not be abandoned unless a clear benefit to the public health would result.

Issues of discrimination in …

Fraud And Abuse: Regulatory Alternatives In A "Competitive" Health Care Era, David A. Hyman, Joel V. Williamson

Loyola University Chicago Law Journal

No abstract provided.

Legal Issues In The Healthcare Settings Aids: Current State Of The Law - An Overview, Carol A. Mclaughlin

Journal of Law and Health

Presented as part of an address on the current state of the law at the AIDS Symposium held at Cleveland-Marshall College of Law on March 11, 1988.

A Need For Caring, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Review of AIDS AND THE LAW: A GUIDE FOR THE PUBLIC. Edited by Harlon L. Dalton, Scott Burris, and the Yale AIDS Law Project. New Haven: Yale University Press. 1987. Pp. vii, 382.

Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney

University of Richmond Law Review

The recent explosion of medical malpractice litigation has heralded the era of defensive medicine. Health-care professionals at all levels of the industry have been forced to evaluate both the lawsuit potential as well as the life sustaining potential of every act and treatment.' Since 1981, however, the threat of Acquired Immunodeficiency Syndrome (AIDS) has added a third, more threatening, perspective to the way health-care workers must view their actions. The average doctor or nurse must balance not only the medical and legal significance of every action, but must also consider whether an action might result in exposure to AIDS.

A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.

University of Richmond Law Review

Fear has struck the workplace. The source of this fear is not lack of job security, inflation, recession or a concern about the United States' trade imbalance. The source of the fear is a disease--Acquired Immunodeficiency Syndrome (AIDS)-and the virus that causes AIDS, Human Immunodeficiency Virus (HIV).

Compensation Programs For Vaccine-Related Injury Abroad: A Comparative Analysis, Wendy K. Mariner

Faculty Scholarship

Adverse physical reactions to immunizations, ¹ although comparatively rare, raise fundamental questions about the relationship between the state and the individual. In the United States, responsibility for vaccine-related injuries has been judicially and administratively debated for nearly two decades, beginning with the seminal decision of Davis v. Wyeth Laboratories. The primary issue is whether a person who suffers an unpredictable adverse reaction to a vaccination is entitled to receive compensation for his or her injuries, and if so, whether compensation should be provided by the manufacturer of the vaccine as part of its responsibility for the effects of its products, …

Getting To Market: The Scientific And Legal Climate For Developing An Aids Vaccine, Wendy K. Mariner, Robert C. Gallo

Faculty Scholarship

Expectations of a vaccine to prevent acquired immunodeficiency syndrome (AIDS) are rising. Not only are the prospects for an effective immunogen improving, but immunization appears to hold the greatest promise for halting the spread of infection and disease.' Identification of the causal agent-the retrovirus called HTLV-III, LAV, or generically, HIV (human immunodeficiency virus)-has provided the direction and limited the options for containing the disease.

Prevention is, of course, critical where the disease must be presumed to be fatal in all cases. Although there is no clear evidence that any single exposure to HIV will result in infection or disease, prudence …

The Right To Medical Treatment, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.