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Articles 1 - 13 of 13
Full-Text Articles in Law
Ohio's Patient-Physician Privilege: Whether Planned Parenthood Is A Protected Party, Melissa O'Neill
Ohio's Patient-Physician Privilege: Whether Planned Parenthood Is A Protected Party, Melissa O'Neill
Journal of Law and Health
This article will suggest that under Ohio's patient-physician privilege, the results of pregnancy tests that are administered at Planned Parenthood clinics will not be considered privileged or confidential information, unless the test is administered by a physician and is later used by a physician in treatment of the woman. In particular, this article will briefly examine the history of a right to medical privacy, the development of the patient-physician privilege and the origin of Planned Parenthood . The notion of very intimate details of a person's health, including diseases, conditions, diagnoses and prognoses being readily available to whoever would like …
A Tripartite Threat To Medical Records Privacy: Technology, Hipaa's Privacy Rule And The Usa Patriot , Nathan J. Wills
A Tripartite Threat To Medical Records Privacy: Technology, Hipaa's Privacy Rule And The Usa Patriot , Nathan J. Wills
Journal of Law and Health
Proceeding from the proposition that privacy is a fundamental right, this essay notes the importance of maintaining medical records privacy in light of the increased use of technology. It describes the Privacy Rule promulgated under HIPAA, which was intended to strengthen medical records privacy, but notes the restriction of privacy rights following September 11, 2001 ("9/11"). In light of circumscribed privacy rights, the Privacy Rules becomes much more important in protecting medical records privacy. Unfortunately, the Rule falls short of this goal by potentially running afoul of the First and Fourth Amendments. It also fails to provide adequate medical records …
Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs
Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs
Journal of Law and Health
The agents of anthrax and smallpox threaten the health and welfare of the state citizenry and therefore the state can enact legislation appropriate to offset the possible harm. In order for the enacted legislation to withstand a constitutional challenge, the possible harm has to be a compelling governmental interest of public safety and welfare narrowly tailored to that goal. The purpose of this article is to demonstrate that the United States Department of Health and Human Services has the ability to recommend a compulsory vaccination program for citizens, and this program would not be in violation of a person's constitutional …
Do Not Resuscitate Decision-Making: Ohio's Do Not Resuscitate Law Should Be Amended To Include A Mature Minor's Right To Initiate A Dnr Order, Allison Mantz
Journal of Law and Health
Part One discusses Ohio's current DNR (Do Not Resuscitate) law, which does not include an exception for mature minors. It explains the medical difference between initiating a valid DNR order and refusing life-sustaining medical treatment. However, the note solely focuses on DNR and how it relates to a minor's right to initiate his or her own DNR order in light of parental disagreement. Part two explains the evolution of the minor and healthcare. Specifically, the progression from the early common law assumption that minors lack the capacity to consent, to the present, in which minors are permitted to make some …
What Successful Companies Know That Law Firms Need To Know: The Importance Of Employee Motivation And Job Satisfaction To Increased Productivity And Stronger Client Relationships, Theresa M. Neff
Journal of Law and Health
This note examines the importance of employee motivation and job satisfaction to increased productivity and stronger client relationships with law firms. In Part I, I discuss how the pressure of the legal profession can affect lawyers' relationships with their staff members. My analysis will center on recent studies on lawyer job satisfaction, the impact of stress on lawyers, and the public's perception of lawyers. In Part II, I discuss the law firm as a "service" organization and the implications of that orientation. In this section, I also emphasize the importance of building and maintaining relationships with clients and how law …
To Preempt Or Not To Preempt: Hmo Liability Pre And Post Pegram V. Herdrich , Adam D. Glassman
To Preempt Or Not To Preempt: Hmo Liability Pre And Post Pegram V. Herdrich , Adam D. Glassman
Journal of Law and Health
Should consumers have the right to sue their HMOs (health maintenance organizations) for the way they deliver medical care? In recent years, the federal courts have focused their attention upon, inter alia, the issue of whether HMOs have a duty to reveal financial incentive provisions contained in contracts between the HMO plan physicians to plan members and beneficiaries under a health plan. In fact, on June 12, 2000, the United States Supreme Court, in Pegram v. Herdrich, pondered whether HMO physicians and administrators are fiduciaries under the Employee Retirement Income Security Act (ERISA), and if so, must they exercise their …
How Mfn Clauses Used In The Health Care Industry Unreasonably Restrain Trade Under The Sherman Act, Beth Ann Wright
How Mfn Clauses Used In The Health Care Industry Unreasonably Restrain Trade Under The Sherman Act, Beth Ann Wright
Journal of Law and Health
When used in the health care industry, an MFN clause is a contractual agreement that guarantees a health insurer the same best price as their market competitors. MFN clauses have the effect of unnecessarily raising consumer costs, reducing choice among providers, constraining access to care and preventing the development of alternative health care delivery models. The purpose of this paper is four-fold. First, to design a four-quadrant matrix to evaluate the pro-competitive and anticompetitive purpose and effects of MFN clauses under Section 1 of the Sherman Act. Second, to defeat the jurisprudential presumption that MFN clauses are pro-competitive in the …
True Risk Management: Physicians' Liability Risk And The Practice Of Patient-Centered Medicine, Anand Das, Jack Schwartz, Evan G. Derenzo
True Risk Management: Physicians' Liability Risk And The Practice Of Patient-Centered Medicine, Anand Das, Jack Schwartz, Evan G. Derenzo
Journal of Law and Health
While most physicians understand that a serious deficiency in technical care increases their risk of liability, too often their risk management behavior indicates that they do not fully appreciate the impact that poor interpersonal skills have on patients' motivations to sue. Ironically, many of these physicians have taken risk management steps that have increased, rather than reduced, their exposure to lawsuits. In this paper, we argue that a strong legal and factual claim does not invariably explain patients' decisions to sue. Dissatisfaction with the physician's interpersonal care as well as with the clinical outcome is often a factor. Conversely, patients …
Best Methods For Increasing Medical Translators For Limited English Proficient Patients: The Carrot Or The Stick?, Paula Hein
Journal of Law and Health
Private physicians struggle to provide translators for patients, especially in rural areas like the one in which Dr. Kerr practices. Translators cost anywhere from thirty dollars to four hundred dollars depending on such factors as the time needed to translate, whether or not the translator is trained as a medical translator, and the language that is being translated. Telephone language lines, which provide translation over the phone through a dial up service, costs providers an average of two dollars and fifty cents ($2.50) per minute. There is also the price of the extra personnel time that is required to develop, …
Electronic Signatures In E-Healthcare: The Need For A Federal Standard, Ashoke S. Talukdar
Electronic Signatures In E-Healthcare: The Need For A Federal Standard, Ashoke S. Talukdar
Journal of Law and Health
Healthcare, like many industries, is fast embracing the benefits of modern information technology ("IT"). The wide range of available publications on the use of IT in healthcare indicates that IT provides the promise of faster and more comprehensive information about all aspects of the healthcare delivery process, to all classes of its consumers - patients, doctors, nurses, insurance adjudicators, health inspectors, epidemiologists, and biostatisticians. But the drive towards electronic information in health care is not rooted merely in efficiency; more recently, significant emphasis has been placed on patient safety issues raised by the Institute of Medicine's ("IOM") year 2001 quality …
The Latex Allergy Crisis: Proposing A Healthy Solution To The Dilemma Facing The Medical Community, Lynn Cherne-Breckner
The Latex Allergy Crisis: Proposing A Healthy Solution To The Dilemma Facing The Medical Community, Lynn Cherne-Breckner
Journal of Law and Health
The explosion in the number and severity of latex allergies began with the emergence of the AIDS epidemic as the Centers for Disease Control issued universal precautions advising health care workers to use protective barriers to prevent the spread of the infection. This resulted in constant use of the gloves by medical workers and a great increase in demand for cost effective gloves. Essentially, the quality of the glove making process decreased, increasing the amount of allergy inducing proteins excreted to wearers. Afflicted workers include physicians, nurses, dentists, dental hygienists, operating room personnel, laboratory technicians and ambulance attendants among others. …
Access To Health Care: What A Difference Shades Of Color Make, Gwendolyn R. Majette
Access To Health Care: What A Difference Shades Of Color Make, Gwendolyn R. Majette
Law Faculty Articles and Essays
No abstract provided.
Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman
Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman
Law Faculty Articles and Essays
Do histories of psychiatry make a difference--or have legal implications--in the present? Does our current situation help explain what historians say about psychiatry's past? Focusing on the past half century--the era of medications-- this paper explores the reciprocal relationship between the present and the past in psychiatry. Part II sketches the medical developments that constitute the subjects of any history of psychiatry. This Part also examines related developments in law. Part III introduces some problems of psychiatric historiography and examines some historians' attempts to deal with them. Part IV analyzes the account of psychiatry's past contained in Edward Shorter's well-regarded …