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Articles 1 - 21 of 21
Full-Text Articles in Law
The Law And Policy Of Health Care Quality Reporting, Kristin Madison
The Law And Policy Of Health Care Quality Reporting, Kristin Madison
Campbell Law Review
Part I of this Essay provides an overview of hospital and physician quality reporting in the United States today. It compiles examples of quality report cards, examines empirical evidence of report cards' impact, and discusses report cards' problems, including barriers to consumer use and deficiencies in content and quality. Part II reviews legal issues that have arisen with respect to quality reporting, focusing on controversies surrounding health insurers' use and publication of physician performance measures. It traces the roles of various stakeholders in responding to these controversies and shows how the resolutions reached address broader policy concerns about quality measures. …
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Campbell Law Review
No abstract provided.
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Campbell Law Review
No abstract provided.
Orders From On High: The Current Struggle Over Medicaid Third Party Recovery Between North Carolina And The Supreme Court Of The United States, Allen N. Trask Iii
Orders From On High: The Current Struggle Over Medicaid Third Party Recovery Between North Carolina And The Supreme Court Of The United States, Allen N. Trask Iii
Campbell Law Review
This Comment will first present a brief legal background of the Medicaid program, and specifically its presence in North Carolina. It will then explore the federal statutes which broadly govern Medicaid recovery from third parties, as well the North Carolina Medicaid statutes which specifically govern this area of recovery. It will explore the two decisions, Ezell and Ahlborn, which have clouded this area in North Carolina. Following that explanation, the aforementioned hypothetical will be revisited and taken through both the North Carolina and United States Supreme Court's analytical models. Finally, suggestions for both statutory and judicial resolutions of this issue …
Federal Malpractice In Indian Country And The "Law Of The Place": A Re-Examination Of Williams V. United States Under Existing Law Of The Eastern Band Of Cherokee Indians, J. Matthew Martin
Federal Malpractice In Indian Country And The "Law Of The Place": A Re-Examination Of Williams V. United States Under Existing Law Of The Eastern Band Of Cherokee Indians, J. Matthew Martin
Campbell Law Review
This paper analyzes the law applicable in malpractice cases occurring within Indian Country and brought under the Federal Tort Claims Act, applying the "Law of the Place." In particular, this paper argues that the law of the Eastern Band of Cherokee Indians, including the customs and traditions of the Tribe, should have been applied by the Federal Courts in lieu of the law of North Carolina in Williams v. United States. The paper concludes by suggesting that a complete "laboratory" of Federalism should include the application of the laws of the respective Tribes where Federal medical negligence occurs.
Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation To North Carolina Legislators, Michelle Mcentire
Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation To North Carolina Legislators, Michelle Mcentire
Campbell Law Review
Part I of this Comment will provide an overview of the national perspective on these three types of prenatal negligence claims. Part II will discuss North Carolina's viewpoint and the evolution of its case law addressing prenatal negligence. Part III examines fundamental rights recognized by the United States Supreme Court and related North Carolina laws. Part IV considers the policy issues dominating the debate surrounding prenatal torts. Part V suggests North Carolina should protect the rights of expectant parents through legislation allowing medical malpractice claims for post-conception prenatal negligence.
Childhood Vaccinations And Autism: Does The National Childhood Vaccine Injury Act Leave Parents Of Children With Autism Out In The Cold With Nowhere To Go?, Katherine Marie Bulfer
Childhood Vaccinations And Autism: Does The National Childhood Vaccine Injury Act Leave Parents Of Children With Autism Out In The Cold With Nowhere To Go?, Katherine Marie Bulfer
Campbell Law Review
No abstract provided.
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
Campbell Law Review
This article begins with an examination of the origin of the federal tax exemption of the tax-exempt hospital, the current statutory frame-work for federal tax exemption, and the community benefits standard. Next, the article discusses the rationale for the exemption and the regulatory changes in the standards of exemption that paved the way for the current movement away from charity care by the tax-exempt hospital and the need for new national guidance. Thereafter, the article discusses some state initiatives aimed at making the tax-exempt hospital more accountable. Finally, the article recommends that the Internal Revenue Service (the "Service") issue a …
A Call To Congress To Amend Erisa Preemption Of Hmo Medical Malpractice Claims: The Dissatisfactory Distinction Between Quality And Quantity Of Care, Angela M. Easley
A Call To Congress To Amend Erisa Preemption Of Hmo Medical Malpractice Claims: The Dissatisfactory Distinction Between Quality And Quantity Of Care, Angela M. Easley
Campbell Law Review
This Comment begins with an overview of the Employee Retirement Income Security Act (ERISA) and the preemption clause found therein. Section III explains the distinction between quality and quantity of care, the test many courts have relied on to determine whether ERISA preempts a medical malpractice claim. Section IV examines state common law theories of liability which are asserted against managed care organizations, specifically claims of direct and vicarious liability. Section V addresses the HMO's role in medical decision making, and Section VI describes recent legislation regarding ERISA and HMO liability. This Comment contends that the more active role an …
North Carolina Hospitals' Dilemma: The Inherent Conflict Between Carolina Access And The Emergency Medical Treatment And Active Labor Act, Benjamin D. Overby
North Carolina Hospitals' Dilemma: The Inherent Conflict Between Carolina Access And The Emergency Medical Treatment And Active Labor Act, Benjamin D. Overby
Campbell Law Review
This comment will show that Carolina ACCESS' Emergency Room Policy forces hospitals into a difficult situation. On one hand, the EMTALA binds emergency departments to appropriately screen all persons who enter its doors. On the other hand, Carolina ACCESS tells a hospital that it will pay for only certain services leaving the hospital to make a choice: lower its exam standards thus risking liability under EMTALA, or conduct an appropriate exam and then suffer the economic loss when the patient's condition is deemed non-emergent.
Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe
Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe
Campbell Law Review
What is the status of a fetus in North Carolina? This the primary question addressed by Mr. Hartsoe as he analyzes and critiques the case law and statutory enactments which deal with this question. While there is some case law and statutory authority on point, Mr. Hartsoe concludes that there is an overall paucity of law which defines the legal status of a fetus and, furthermore, the law that does exist is inconsistent. As such, Mr. Hartsoe examines the legal status of a fetus in North Carolina in the areas of wrongful death, prenatal injury, criminal law, wrongful life, wrongful …
Self-Directed Death, Euthanasia, And The Termination Of Life-Support: Reasonable Decisions To Die, G. Steven Neely
Self-Directed Death, Euthanasia, And The Termination Of Life-Support: Reasonable Decisions To Die, G. Steven Neely
Campbell Law Review
The purpose of this paper is to challenge the common legal and psychiatric presumption that all decisions to die result from a clouded mind. Indeed, a realistic and common sense view of the issue asserts quite the contrary: namely, that self-directed death may prove to be an optimally rational course of action in light of an individual's circumstances and ends. While the state has a legitimate concern in the welfare of its citizens and should seek to prevent unwarranted loss of life, it should be loathe to force a mentally competent adult to remain alive against his will and best …
Erisa, Preemption And Comprehensive Federal Health Care: A Call For "Cooperative Federalism" To Preserve The States' Role In Formulating Health Care Policy, James E. Holloway
Erisa, Preemption And Comprehensive Federal Health Care: A Call For "Cooperative Federalism" To Preserve The States' Role In Formulating Health Care Policy, James E. Holloway
Campbell Law Review
This article revisits the familiar theme of federalism and health care policy. It takes the position that federalism is decreasing and will decrease further under national health care that is fast becoming, if not already so, an exclusive field of federal regulation. The article draws this conclusion from three influences on federal regulation and policy: (1) the expanding preemptive effects of employee benefit regulation on state health care, as well as other law and public policy; (2) the increasing public policy favoring a comprehensive national health care policy; and (3) the existing dominance of federal medical care and assistance regulation …
Suicide, Liberty And Our Imperfect Constitution: An Analysis Of The Legitimacy Of The Supreme Court's Entanglement In Decisions To Terminate Life-Sustaining Medical Treatment, Terrance A. Kline
Campbell Law Review
As the law developed in the states, the Supreme Court of the United States, in its 1990 opinion in Cruzan v. Director, Missouri Department of Health, determined that there exists a right to terminate life-sustaining medical treatment under the United States Constitution. As a result of the decision, new uncertainties have been infused into the state legislative and judicial responses to the issue. After examining the Cruzan decision below, I probe the constitutional legitimacy and the prudence of the Supreme Court's role in decisions relating to the termination of life-sustaining medical treatment. I conclude that the Court in Cruzan, though …
Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko
Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko
Campbell Law Review
This Article is intended as part of a symposium and a debate on substantive due process and the decision in Webster v. Reproductive Health Services. This writer, although here a commentator on the law, does have an opinion on the ultimate question: Roe v. Wade was wrongly decided.
Fetal Tissue Research And Abortion: Do They Have A Future Together?, Angela M. Skerrett
Fetal Tissue Research And Abortion: Do They Have A Future Together?, Angela M. Skerrett
Campbell Law Review
This Comment will examine fetal tissue research as it relates to the issue of abortion. First, the Comment discusses the current status of fetal tissue research. Second, the Comment looks at the influence of abortion on fetal tissue research, including constitutional and ethical issues. Third, the Comment examines the future of fetal tissue research. Finally, this Comment will conclude that the attitudes, opinions and laws concerning abortion will play a major role in determining the future of fetal tissue research.
Mental Health Care For Children: Before And During State Custody, The Honorable K. Edward Greene
Mental Health Care For Children: Before And During State Custody, The Honorable K. Edward Greene
Campbell Law Review
This Article...suggests the need to attend more carefully to the care of children after they are removed from their homes. Specifically, it will address the state's obligation to provide mental health care to children in the home and to those removed from the home and in state custody.
Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick
Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick
Campbell Law Review
This article contends that the Missouri legislative statement is a theologically derived finding that personhood begins at the moment of conception. Such an inherently theological and controversial determination violates a core purpose of the establishment clause of the first amendment, the absolute prohibition against government preference of one religious sect or denomination over another and the placing of the state's imprimatur on a particular religious dogma. What follows is a synopsis of the religious debate over whether human life begins at conception. Next is a discussion of the statute in light of this debate in the context of establishment clause …
Civil Procedure - Discovery Of Medical Records In A Corporate Negligence Action - Shelton V. Morehead Memorial Hospital, G. Bruce Park
Civil Procedure - Discovery Of Medical Records In A Corporate Negligence Action - Shelton V. Morehead Memorial Hospital, G. Bruce Park
Campbell Law Review
This Note will examine the impact of the Shelton decision on requests for the production of hospital records. The Note will emphasize the application of Shelton to corporate negligence actions against a hospital for breach of a duty owed by the hospital directly to the patient. The Note will suggest that, although the Shelton court limited the availability of discovery, diligent plaintiffs may find trial courts less likely to allow a blanket privilege for hospitals claiming immunity from discovery for records conveniently labeled as products of medical review committees. This Note will argue that the plaintiff in a corporate negligence …
Legal Implications Of Human In Vitro Fertilization For The Practicing Physician In North Carolina, Roger B. Bernholz, G. Nicholas Herman
Legal Implications Of Human In Vitro Fertilization For The Practicing Physician In North Carolina, Roger B. Bernholz, G. Nicholas Herman
Campbell Law Review
Discussed in this article is the current federal and North Carolina law that bears upon IVF, the potential criminal and tort liabilities that should be of concern to the IVF practitioner, and the recourses available to the IVF practitioner for protection against liability in the course of this practice. In appropriate circumstances, the law of other American jurisdictions is drawn upon.
Vicarious Antitrust Liability In The Health Care Field, Dean M. Harris
Vicarious Antitrust Liability In The Health Care Field, Dean M. Harris
Campbell Law Review
In order to understand the interface between vicarious antitrust liability and the decline of the independent contractor defense in the health care field, it is necessary to understand the complex relationship between the hospital and the physician, as well as the recent changes that have taken place in that relationship. Therefore, this article will briefly trace the changes that have occurred in the traditional rules of the hospital's relationship with its physicians. Then, the current relationship between hospital and staff physician will be examined in light of legal requirements, accreditation standards and practical considerations. After a brief introduction to the …