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Saint Louis University School of Law

2000

Health Law and Policy

Articles 1 - 2 of 2

Full-Text Articles in Law

Informed Consent Law And The Forgotten Duty Of Physician Inquiry, Robert Gatter Jan 2000

Informed Consent Law And The Forgotten Duty Of Physician Inquiry, Robert Gatter

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Courts and commentators have forgotten that embedded in the duty of physicians to obtain a patient's informed consent is a prior obligation for physicians to get to know that patient. This is most clear in jurisdictions employing the reasonable person standard of disclosure. That standard requires physicians to disclose to a patient information that a reasonable person would want to know if that person were in the patient's position or, more precisely, if that person were "in what the physician should know to be the patient's position." Thus, a physician must learn some minimal information about each patient's "position." An …


Health Care Divided: Race And Healing A Nation, Sidney D. Watson Jan 2000

Health Care Divided: Race And Healing A Nation, Sidney D. Watson

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Race matters. Race—particularly racial segregation—casts a pervasive shadow over the organization of American health care. It influences the ownership and governance of institutional providers. It helps account for the high cost of health care in the United States. It contributes to America’s abysmal health status, among the worst of the industrialized world. It is reflected, in part, in the lack of national health insurance. So David Barton Smith begins this book, a book he describes as the story of “a divided nation, a divided health care system, and the uncompleted journey to heal both.”[1]

Most of us are not comfortable …