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University of Baltimore Law

University of Baltimore Law Review

Health Law and Policy

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Full-Text Articles in Law

Litigating Intraoperative Neuromonitoring (Iom), Michael Brook, Kary Irle Jan 2016

Litigating Intraoperative Neuromonitoring (Iom), Michael Brook, Kary Irle

University of Baltimore Law Review

Statistics regarding surgical medical malpractice are staggering. The annual cost of the medical malpractice liability system has been estimated to be $55.6 billion-2.4% of the total healthcare system.' The median award for plaintiffs in actions involving spinal cords is $2.9 million, and the median value for settlements is $1.45 million. A neurosurgeon will spend approximately eleven years of his or her career with outstanding malpractice claims.

Intraoperative neuromonitoring (IOM), also known as surgical neurophysiology, is hardly a novel medical technology. In fact, it has been used in the operating room for over half a century. IOM provides real-time monitoring of …


Hospital Breastfeeding Laws In The U.S.: Paternalism Or Empowerment?, Jennifer Bernstein, Lainie Rutkow Jan 2015

Hospital Breastfeeding Laws In The U.S.: Paternalism Or Empowerment?, Jennifer Bernstein, Lainie Rutkow

University of Baltimore Law Review

No abstract provided.


Comments: Hipaa Confusion: How The Privacy Rule Authorizes "Informal" Discovery, Myles J. Poster Jan 2015

Comments: Hipaa Confusion: How The Privacy Rule Authorizes "Informal" Discovery, Myles J. Poster

University of Baltimore Law Review

No abstract provided.


Comments: An Easy Pill To Swallow: While The Supreme Court Found That For-Profit, Secular Companies Can Exercise Religion Within The Meaning Of The Religious Freedom Restoration Act, The Mandate Should Have Prevailed With Respect To Those Entities Because It Advances The Government's Compelling Interests In Public Health And Is The Least Restrictive Means Of Doing So, Maria Iliadis Jan 2015

Comments: An Easy Pill To Swallow: While The Supreme Court Found That For-Profit, Secular Companies Can Exercise Religion Within The Meaning Of The Religious Freedom Restoration Act, The Mandate Should Have Prevailed With Respect To Those Entities Because It Advances The Government's Compelling Interests In Public Health And Is The Least Restrictive Means Of Doing So, Maria Iliadis

University of Baltimore Law Review

Did you ever expect a corporation to have a conscience, when it has no soul to be damned, and no body to be kicked?

–Edward, First Baron Thurlow


Comments: Newborn Screening Programs And Privacy: Shifting Responsibility From The Parent To The Laboratory, Michael D. Leeb Jan 2014

Comments: Newborn Screening Programs And Privacy: Shifting Responsibility From The Parent To The Laboratory, Michael D. Leeb

University of Baltimore Law Review

No abstract provided.


The Modern Hiv/Aids Epidemic And Human Rights In The United States: A Lens Into Lingering Gender, Race, And Health Disparities And Cutting Edge Approaches To Justice, Brook Kelly Jan 2012

The Modern Hiv/Aids Epidemic And Human Rights In The United States: A Lens Into Lingering Gender, Race, And Health Disparities And Cutting Edge Approaches To Justice, Brook Kelly

University of Baltimore Law Review

No abstract provided.


Comments: A "Familiar" Standard Of Care: What The Same Or Similar Communities Standard Could Mean For Maryland, John M. Williams Jr. Jan 2011

Comments: A "Familiar" Standard Of Care: What The Same Or Similar Communities Standard Could Mean For Maryland, John M. Williams Jr.

University of Baltimore Law Review

No abstract provided.


"Substantially Limited:" The Reproductive Rights Of Women Living With Hiv/Aids, Lisa M. Keels Jan 2010

"Substantially Limited:" The Reproductive Rights Of Women Living With Hiv/Aids, Lisa M. Keels

University of Baltimore Law Review

No abstract provided.


Comments: Seeking A Second Opinion: How To Cure Maryland's Medical Marijuana Law, Allison M. Busby Jan 2010

Comments: Seeking A Second Opinion: How To Cure Maryland's Medical Marijuana Law, Allison M. Busby

University of Baltimore Law Review

No abstract provided.


Comments: Privacy At Risk: Patients Use New Web Products To Store And Share Personal Health Records, Juliana Bell Jan 2009

Comments: Privacy At Risk: Patients Use New Web Products To Store And Share Personal Health Records, Juliana Bell

University of Baltimore Law Review

No abstract provided.


Emergency!: Send A Tv Show To Rescue Paramedic Services!, Paul Bergman Jan 2007

Emergency!: Send A Tv Show To Rescue Paramedic Services!, Paul Bergman

University of Baltimore Law Review

No abstract provided.


Comments: Immigrants, Health Care, And The Constitution: Medicaid Cuts In Maryland Suggest That Legal Immigrants Do Not Deserve The Equal Protection Of The Law, Tricia A. Bozek Jan 2006

Comments: Immigrants, Health Care, And The Constitution: Medicaid Cuts In Maryland Suggest That Legal Immigrants Do Not Deserve The Equal Protection Of The Law, Tricia A. Bozek

University of Baltimore Law Review

No abstract provided.


Can State "Medical" Marijuana Statutes Survive The Sovereign's Federal Drug Laws? A Toke Too Far, M. Wesley Clark Jan 2005

Can State "Medical" Marijuana Statutes Survive The Sovereign's Federal Drug Laws? A Toke Too Far, M. Wesley Clark

University of Baltimore Law Review

No abstract provided.


Comments: Project Life, Inc. V. Glendening: Seeking Sanctuary For Women Recovering From Substance Abuse Problems, Sarah D. Bruce Jan 2004

Comments: Project Life, Inc. V. Glendening: Seeking Sanctuary For Women Recovering From Substance Abuse Problems, Sarah D. Bruce

University of Baltimore Law Review

No abstract provided.


Comments: The "Greater Good"... At What Cost?: How Nontherapeutic Scientific Studies Can Now Create Viable Negligence Claims In Maryland After Grimes V. Kennedy Krieger Institute, Inc., Clifton R. Gray Jan 2002

Comments: The "Greater Good"... At What Cost?: How Nontherapeutic Scientific Studies Can Now Create Viable Negligence Claims In Maryland After Grimes V. Kennedy Krieger Institute, Inc., Clifton R. Gray

University of Baltimore Law Review

No abstract provided.


Notes: Right To Die — Court Requires Clear And Convincing Evidence Of Persistent Vegetative Patient's Intent To Terminate Life-Sustaining Procedures; Health Care Decisions Act Of 1993 Casts New Light On Outcome. Mack V. Mack, 329 Md. 188, 618 A.2d 744 (1993), Thomas J. Brindisi Jan 1994

Notes: Right To Die — Court Requires Clear And Convincing Evidence Of Persistent Vegetative Patient's Intent To Terminate Life-Sustaining Procedures; Health Care Decisions Act Of 1993 Casts New Light On Outcome. Mack V. Mack, 329 Md. 188, 618 A.2d 744 (1993), Thomas J. Brindisi

University of Baltimore Law Review

No abstract provided.


Comments: Prenatal Substance Abuse: A Call For Legislative Action In Maryland, Mary J. Pizzo Jan 1993

Comments: Prenatal Substance Abuse: A Call For Legislative Action In Maryland, Mary J. Pizzo

University of Baltimore Law Review

No abstract provided.


The Health Care Decisions Act Of 1993, John Carroll Byrnes Jan 1993

The Health Care Decisions Act Of 1993, John Carroll Byrnes

University of Baltimore Law Review

No abstract provided.


Injury As A Matter Of Law: Is This The Answer To The Wrongful Life Dilemma?, Alan J. Belsky Jan 1993

Injury As A Matter Of Law: Is This The Answer To The Wrongful Life Dilemma?, Alan J. Belsky

University of Baltimore Law Review

No abstract provided.


Understanding And Defending Against Medical Professional Peer Review Antitrust Claims, Daniel M. Warner Jan 1993

Understanding And Defending Against Medical Professional Peer Review Antitrust Claims, Daniel M. Warner

University of Baltimore Law Review

No abstract provided.


Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz Jan 1992

Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz

University of Baltimore Law Review

No abstract provided.


Casenotes: Medical Malpractice — Limitation Of Actions — Discovery Rule Denies Preliminary Investigation Period Because Knowledge Of Facts Raising The Inquiry Satisfies Actual Notice Requirement. Lutheran Hospital V. Levy, 60 Md. App. 227, 482 A.2d 23 (1984), Cert. Denied, 302 Md. 288, 487 A.2d 292 (1985), Edward T. Pinder Jan 1986

Casenotes: Medical Malpractice — Limitation Of Actions — Discovery Rule Denies Preliminary Investigation Period Because Knowledge Of Facts Raising The Inquiry Satisfies Actual Notice Requirement. Lutheran Hospital V. Levy, 60 Md. App. 227, 482 A.2d 23 (1984), Cert. Denied, 302 Md. 288, 487 A.2d 292 (1985), Edward T. Pinder

University of Baltimore Law Review

No abstract provided.


Comments: Transfusion-Associated Acquired Immunodeficiency Syndrome (Aids): Blood Bank Liability?, David A. Roling Jan 1986

Comments: Transfusion-Associated Acquired Immunodeficiency Syndrome (Aids): Blood Bank Liability?, David A. Roling

University of Baltimore Law Review

The Acquired Immunodeficiency Syndrome (AIDS) can be contracted via a blood transfusion. A legal question of growing importance in Maryland and across the country is whether a blood bank which supplies AIDS-tainted blood should be liable to a blood transfusee for the contraction of AIDS. Inherent in that question is a balancing of society's need to protect blood banks from liability and the individual's right of recovery. This comment examines that question. The author begins with a historical review of blood bank liability for blood tainted with viruses other than AIDS and then discusses various theories of liability under which …


Health Claims Arbitration In Maryland: The Experiment Has Failed, James Kevin Macalister, Alfred L. Scanlan Jr. Jan 1985

Health Claims Arbitration In Maryland: The Experiment Has Failed, James Kevin Macalister, Alfred L. Scanlan Jr.

University of Baltimore Law Review

The authors note that Maryland's system for health claims arbitration has failed to reduce the number of malpractice suits, the size of damages awards, or the delay in resolving these claims. After reviewing the current system, its strengths and weaknesses, and various proposals to remedy its problems by amending the current legislation, the authors advance their own suggestions for amending Maryland's health claims arbitration legislation.