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Articles 61 - 77 of 77
Full-Text Articles in Law
Genetic Testing, Genetic Medicine, And Managed Care, Mark A. Rothstein, Sharona Hoffman
Genetic Testing, Genetic Medicine, And Managed Care, Mark A. Rothstein, Sharona Hoffman
Faculty Publications
As modern human genetics moves from the research setting to the clinical setting, it will encounter the managed care system. Issues of cost, access, and quality of care will affect the availability and nature of genetic testing, genetic counseling, and genetic therapies. This articles explores such issues as professional education, coverage of genetic services, privacy and confidentiality, and liability. It concludes with a series of recommendations for the practice of genetic medicine in the age of managed care.
Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman
Introduction: The Law-Medicine Center 50th Anniversary Symposium: The Field Of Health Law: It’S Past And Future, Maxwell J. Mehlman
Faculty Publications
Introduction to The Law-Medicine Center 50th Anniversary Symposium: The Field of Health Law: Its Past and Future, Cleveland, Ohio 2004.
The Law Of Above Averages: Leveling The New Genetic Enhancement Playing Field, Maxwell J. Mehlman
The Law Of Above Averages: Leveling The New Genetic Enhancement Playing Field, Maxwell J. Mehlman
Faculty Publications
In this article, I will explore some of the legal implications of this emerging technology-the technology of genetic enhancement. Specifically, I will discuss how the law might respond to two related consequences: an increase in social inequality, and the
Introduction - Kyl Amendment Symposium, Maxwell J. Mehlman
Introduction - Kyl Amendment Symposium, Maxwell J. Mehlman
Faculty Publications
Introduction to the Symposium: Medicare Private Contracting (The KYL Amendment), Cleveland, Ohio, 2000.
Introduction, Symposium National Health Care Reform: The Legal Issues, Maxwell J. Mehlman
Introduction, Symposium National Health Care Reform: The Legal Issues, Maxwell J. Mehlman
Faculty Publications
Introducation to the Symposium: National Health Care Reform: The Legal Issues, Cleveland, Ohio, 1995.
The Human Genome Project And The Courts: Gene Therapy And Beyond, Maxwell J. Mehlman
The Human Genome Project And The Courts: Gene Therapy And Beyond, Maxwell J. Mehlman
Faculty Publications
No abstract provided.
Symposium: Workshop On Inherited Breast Cancer In Jewish Women: Ethical, Legal, And Social Implications, Maxwell J. Mehlman
Symposium: Workshop On Inherited Breast Cancer In Jewish Women: Ethical, Legal, And Social Implications, Maxwell J. Mehlman
Faculty Publications
Introducation to Symposium: Workshop on the BRCA1 Breast Cancer Gene in the Jewish Population, Cleveland, Ohio, 1997.
How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman
How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman
Faculty Publications
Genetic enhancement technologies present difficult and novel regulatory issues, including the problem of measuring and comparing risks and benefits and dealing with the impact of these technologies on social values. This Article describes and evaluates the potential approaches that may be taken to regulate these technologies. The author concludes that a variety of approaches will be necessary, involving self-regulation, government restrictions on access and use, licensing, and a national lottery.
Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman
Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman
Faculty Publications
The high cost of health care has led to proposals to reduce wasteful medical technology under Medicare and other payment systems. Professor Mehlman warns that achieving this objective, while laudable in theory, is problematic because of the difficulties of defining, detecting and eliminating technology waste. A particular danger is that, in an effort to reduce waste, patients will be denied not only technologies that are wasteful from the patient's own perspective but technologies that yield net patient benefit. This risk is exacerbated by the Medicare prospective payment system, which rewards hospitals financially in inverse proportion to the amount of care …
Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman
Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman
Faculty Publications
his paper examines the presumed consent approach from a practical, legal and ethical perspective. It concludes that presumed consent for harvesting cadaveric organs a may be a viable policy alternative, but that research in a number of specific areas is needed before the policy can be endorsed.
Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman
Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman
Faculty Publications
In this Article, Professor Mehlman examines the possible systems for rationing expensive lifesaving medical technologies. First, he concludes that the costs of any rationing system probably exceed its benefits. Consequently, he rejects the rationing of expensive but available lifesaving medical technologies. Second, he argues that the increased availability of the technologies and the recent expansion of patient rights to sue will result in a substantial number of judicial challenges to rationing. Finally, he suggests detailed criteria to aid the courts in deciding whether a resource has been improperly rationed.
Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman
Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman
Faculty Publications
No abstract provided.
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
Faculty Publications
This article argues that employers are not shielded from liability under the ADA if they rely upon the advice of a doctor in making an adverse employment decision.
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Faculty Publications
No abstract provided.
The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman
The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman
Faculty Publications
This Article examines the three major areas of common law that govern the patient-physician relationship: contract law, tort law, and fiduciary law. It explores the definition of the patient-physician relationship within each doctrine and the extent to which physicians must furnish care to patients regardless of resource constraints. After concluding that the common law cannot ensure that individual patients receive access to needed health care services, the Article explores how the law might be changed to achieve this result.
The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman
The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman
Faculty Publications
While the objective of expanding the Oregon Medicaid program is commendable, the means adopted by the Oregon legislature to control the costs of the expansion are problematic. This paper examines the legislature's approach from a legal perspective. The first part of the paper determines whether it is consistent with federal and state law governing the Medicaid program. Oregon is seeking waivers from any conflicting federal requirements, and since there do not appear to be any constitutional impediments, the key question is whether the waivers should be granted as a matter of sound public policy. The second and third parts of …
Age-Based Rationing And Technological Development, Maxwell J. Mehlman
Age-Based Rationing And Technological Development, Maxwell J. Mehlman
Faculty Publications
Comment on Daniel Callahan's "Setting Limits."