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Full-Text Articles in Law
Systemic Failures In Health Care Oversight, Julie L. Campbell
Systemic Failures In Health Care Oversight, Julie L. Campbell
Georgia Law Review
Hospitals are intentionally shirking their duty to identify and report incompetent medical practitioners, and it is causing catastrophic injuries to patients. Why are hospitals doing this? Two decades of health care reforms have changed the way physicians and hospitals interact in the U.S. health care system, and as a result, the traditional health care oversight tools no longer work to ensure physician competence. With three out of four physicians now employees of hospitals or health care systems, hospitals have become the guardians of both the internal and external warning systems designed to flag incompetent practitioners. As the guardians, hospitals are …
Biased But Reasonable: Bias Under The Cover Of Standard Of Care, Maytal Gilboa
Biased But Reasonable: Bias Under The Cover Of Standard Of Care, Maytal Gilboa
Georgia Law Review
Inequities in the distribution of healthcare are widely acknowledged to plague the United States healthcare system. Controversies as to whether anti-discrimination law allows individuals to bring lawsuits with respect to implicit rather than intentional bias render negligence law an important avenue for redressing harms caused by implicit bias in medical care. Yet, as this Article argues, the focus of negligence law on medical standards of care to define the boundaries of healthcare providers’ legal duty of care prevents the law from adequately deterring implicit bias and leaves patients harmed by biased treatment decisions without redress for their losses, so long …
To Trust Or Not To Trust: Native American Healthcare Improvement In The Supreme Court’S Hands, Katherine Graham
To Trust Or Not To Trust: Native American Healthcare Improvement In The Supreme Court’S Hands, Katherine Graham
Georgia Law Review
The United States federal government’s relationship with Native American tribes has long been tenuous. Despite years of unjust and inhumane treatment of Native Americans by the government, Congress has attempted to rectify or limit the government’s harm to Native American people but has fallen short of upholding all agreements intended to improve United States-tribal relations. In particular, the government has not always followed treaties between the government and tribes, and the United States Supreme Court has failed to protect Native American rights in many cases. Central to this issue is the 1868 Treaty of Fort Laramie, in which the United …