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Articles 1 - 4 of 4
Full-Text Articles in Law
Using Tort Law To Secure Patient Dignity, Robin Fretwell Wilson
Using Tort Law To Secure Patient Dignity, Robin Fretwell Wilson
Faculty Scholarship
The practice of using anesthetized patients to teach pelvic exams on female patients in university hospitals has been well documented for years. A 1992 study showed that 37 percent of U.S. and Canadian medical schools allowed students to use anesthetized women without their consent to learn how to perform pelvic exams. Anecdotal accounts in the U.S. confirm that men are not immune from such indignities. Although patients have been unable, thus, far to enforce their own interests and protect their dignity, the tort system may yet succeed in securing the right of patients to decide who touches their bodies and …
The Supreme Court's Limitation Of Managed-Care Liability, Wendy K. Mariner
The Supreme Court's Limitation Of Managed-Care Liability, Wendy K. Mariner
Faculty Scholarship
This article summarizes and critiques the U.S. Supreme Court's decision in Aetna Health Inc. v. Davila, which limited managed care organizations' liability for negligent decisions about the care of patients in private employer-sponsored health plans governed by ERISA. It contrasts the Court's dichotomous view of health benefit plans, in which insurers administer contracts and treating physicians make medical judgments, with the more complicated relationships that affect decisions about both coverage and treatment.
Can Consumer-Choice Plans Satisfy Patients? Problems With Theory And Practice In Health Insurance Contracts, Wendy K. Mariner
Can Consumer-Choice Plans Satisfy Patients? Problems With Theory And Practice In Health Insurance Contracts, Wendy K. Mariner
Faculty Scholarship
Much scholarship has considered whether health care - and insurance - should be distributed by voluntary contract or subject to government standards or regulation. Contracts will likely play a key distributive role in any future health care system. Yet we do not fully understand where private contracting does and does not work to further the goals of equitable access to affordable care. This article examines the role of health insurance policies in defining and enforcing access to medical care, focusing on private employment-based group health benefit plans. It describes models of consumer choice health plans and critiques their capacity for …
Saving Roe Is Not Enough: When Religion Controls Healthcare, Susan Berke Fogel, Lourdes A. Rivera
Saving Roe Is Not Enough: When Religion Controls Healthcare, Susan Berke Fogel, Lourdes A. Rivera
Fordham Urban Law Journal
This article advocates for legislative action against the "religious exemptions" or "conscience clauses" used by religiously-affiliated healthcare facilities, particular in the context of refusing abortion, sterilization, and other reproductive health services. Among other recommendations, the authors call for religious exemptions on the individual rather than institutional level; that the religious exemption be disallowed in rural areas or situations where reasonable alternatives are unavailable; and a requirement that complete, medically accurate information be made available regardless of a religious exemption.