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Articles 1 - 5 of 5
Full-Text Articles in Law
Made In The U.S.A.: Legal And Ethical Issues In Artificial Heart Experimentation, George J. Annas
Made In The U.S.A.: Legal And Ethical Issues In Artificial Heart Experimentation, George J. Annas
Faculty Scholarship
The death of William Schroeder in Louisville, Kentucky, on August 6, 1986, brought to a close a remarkable chapter in public human experimentation. Artificial heart implants represent the most public experiments in the history of the world. The manner in which they are conducted is a matter of utmost public and professional concern, since it graphically portrays the seriousness with which we take our laws and ethical rules regarding the protection of the rights and welfare of human subjects. Unfortunately, the brief history of artificial heart implants is neither a happy nor a proud one. Begun with high hopes and …
The Painful Prescription: A Procrustean Perspective?, Frances H. Miller, Graham A.H. Miller
The Painful Prescription: A Procrustean Perspective?, Frances H. Miller, Graham A.H. Miller
Faculty Scholarship
The United States and Great Britain have often been called two countries divided by a common language. In the field of medicine, common language facilitates comparisons, but it can obscure basic value differences as well. Henry Aaron, Ph.D., and William Schwartz, M.D., in their influential book The Painful Prescription: Rationing Hospital Care,1 analyzed how and why Britain (as compared with the United States) has apparently limited the use of such high-technology procedures as kidney dialysis, CT scans, coronary-artery surgery, x-ray films, and intensive care beds. The authors then speculated about whether similar responses will be forthcoming in this …
The Right Of Elderly Patients To Refuse Life-Sustaining Treatment, George J. Annas
The Right Of Elderly Patients To Refuse Life-Sustaining Treatment, George J. Annas
Faculty Scholarship
Some legislation, such as law permitting living wills, has addressed the problem of decisions regarding life-sustaining treatment for the elderly. Most of the developing law on the subject is, however, being made by the courts, often in prospective decisions about treatment. These rulings have followed a variety of approaches to the ends of protecting incompetent patients and enforcing the right of the competent to make their own decisions.
Prospective Payment For Hospital Services: Social Responsibility And The Limits Of Legal Standards, Wendy K. Mariner
Prospective Payment For Hospital Services: Social Responsibility And The Limits Of Legal Standards, Wendy K. Mariner
Faculty Scholarship
The author advances the argument that Diagnosis Related Groups (DRGs) should be recognized as a health care resource allocation technique. In addition, the author offers four societal goals as a gauge for measurement of DRG performance and reviews the incentives and disincentives connected with utilization of DRGs in health care allocation. Finally, the author examines the dichotomous attitudes toward health care distribution which are present in society today. The author's primary goal is to illustrate the potential inequities which could result from allowing DRGs to force allocation of health resources without any reference to social responsibility issues.
Access To Health Care And Equal Protection Of The Law: The Need For A New Heightened Scrutiny, Wendy K. Mariner
Access To Health Care And Equal Protection Of The Law: The Need For A New Heightened Scrutiny, Wendy K. Mariner
Faculty Scholarship
Proposals to reduce national expenditures for health care under Medicare and other programs raise questions about the limits on legislative power to distribute health care benefits. The constitutional guarantee of equal protection has been a weak source of protection for the sick, largely because they fail to qualify for special scrutiny under traditional equal protection analysis. Recent decisions of the United States Supreme Court suggest that the Justices seek a newer, more flexible approach to reviewing claims of unequal protection. This Article examines the application of the equal protection guarantee to health-related claims. It argues that traditional equal protection analysis …