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Full-Text Articles in Law

Reverse Informed Consent: The Unreasonably Dangerous Patient, A. Samuel Oddi Nov 1993

Reverse Informed Consent: The Unreasonably Dangerous Patient, A. Samuel Oddi

Vanderbilt Law Review

Latrogenic injuries'-those caused by health care professionals (HCPs) in the course of treating patients-raise significant ethical, legal, and public policy issues.' With the advent of the AIDS epidemic, these issues become even more difficult when the iatrogenic injury results not from the patient's having received treatment below the professional standard of care (which is the usual grist for the malpractice mill) but from an infectious condition of the HCP. Considerable public attention has been directed to patients who have been exposed to the risk of AIDS by HIV-positive HCPs.6 It is difficult to be unmoved by the tragic example of …


Mid-Atlantic Ethics Commitee Newsletter, Fall 1993 Oct 1993

Mid-Atlantic Ethics Commitee Newsletter, Fall 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Summer 1993 Jul 1993

Mid-Atlantic Ethics Committee Newsletter, Summer 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 1993 Apr 1993

Mid-Atlantic Ethics Committee Newsletter, Spring 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Help! We've Fallen And We Can't Get Up: The Problems Families Face Because Of Employment-Based Health Insurance, Jeffrey R. Pettit Apr 1993

Help! We've Fallen And We Can't Get Up: The Problems Families Face Because Of Employment-Based Health Insurance, Jeffrey R. Pettit

Vanderbilt Law Review

Steve Tilghman of Birmingham, Alabama knows first-hand the health insurance problems American families face.' Steve's family had adequate health insurance until Steve decided to change careers. After expiration of the eighteen-month extension period COBRA provides, Steve's family could not afford the one thousand dollar monthly premiums necessary to maintain their policy. Steve's epileptic son further complicated his ability to find adequate health insurance. After having no insurance for two months, Steve ultimately was able to find health insurance for only part of his family. Steve had to acquire a separate, unrated policy for his epileptic son. Steve is uncertain about …


Consensus Development At Nih: What Went Wrong, Itzhak Jacoby Mar 1993

Consensus Development At Nih: What Went Wrong, Itzhak Jacoby

RISK: Health, Safety & Environment (1990-2002)

A close observer identifies the Science Court concept as inspiring consensus development conferences at the National Institutes of Health and describes the extent to which they have followed the model. Professor Jacoby also argues that, if the model were more closely followed, conference objectives would be better realized.


Mid-Atlantic Ethics Committee Newsletter, Winter 1993 Jan 1993

Mid-Atlantic Ethics Committee Newsletter, Winter 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall Jan 1993

Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall

Seattle University Law Review

This Article examines current tort remedies for personal injury claims and explores the problems that arise when these remedies are applied to physicians' actions that are directed by third-party payers. Part II of this Article explores the organization and historical development of managed health care products. Part III considers the past and present uses of the utilization review process and financial risk shifting. Part IV explores the applicability of traditional theories of tort liability to third-party payers, including direct liability of third-party payers who market managed care products. Part V considers the barriers that ERISA presents to compensating patients for …


Medical Waste Regulation In The United States: A Dire Need For Recognition And Reform, Christina Louise Martini Jan 1993

Medical Waste Regulation In The United States: A Dire Need For Recognition And Reform, Christina Louise Martini

Northwestern Journal of International Law & Business

This Comment will discuss the current methods by which medical waste is regulated in the United States and how the scientific data regarding medical waste demonstrates a misplaced emphasis on its regulation. Part II of this Comment discusses what constitutes medical waste and current methods for its disposal. Part III discusses the reasons why the medical waste problem began and the real versus perceived risks of medical waste and its disposal. In addition, the current federal and state medical waste regulation in the United States is discussed, and its effects on the states and the health-care industry are examined in …