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Full-Text Articles in Law

Regulating Ethics Committees In Health Care Institutions - Is It Time?, Diane E. Hoffmann Oct 2011

Regulating Ethics Committees In Health Care Institutions - Is It Time?, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


Proxy Consent To Participation Of The Decisionally Impaired In Medical Research - Maryland's Policy Initiative, Diane E. Hoffmann Oct 2011

Proxy Consent To Participation Of The Decisionally Impaired In Medical Research - Maryland's Policy Initiative, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg Oct 2011

Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Diane Hoffmann

The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …


The Influence Of Law And Lawyers On Patient Care, Diane E. Hoffmann Oct 2011

The Influence Of Law And Lawyers On Patient Care, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


The Dangers Of Directives Or The False Security Of Forms, Diane E. Hoffmann, Sheryl Itkin Zimmerman, Catherine J. Tompkins Oct 2011

The Dangers Of Directives Or The False Security Of Forms, Diane E. Hoffmann, Sheryl Itkin Zimmerman, Catherine J. Tompkins

Diane Hoffmann

No abstract provided.


The Role And Legal Status Of Health Care Ethics Committees In The United States, Diane E. Hoffmann, Anita J. Tarzian Oct 2011

The Role And Legal Status Of Health Care Ethics Committees In The United States, Diane E. Hoffmann, Anita J. Tarzian

Diane Hoffmann

Over a quarter of a century has passed since health care ethics committees (HCECs) in the United States received legal recognition as alternatives to the courts in resolving conflicts related to patient end-of-life care. By the mid to late 1980s HCECs had been established in over half of U.S. hospitals and had received a certain legitimacy in the health care system. Given their age and growth one could characterize them developmentally as emerging from adolescence and establishing themselves in young adult-hood. As a result, we might expect that they would have resolved the identify crisis characterizing the adolescent years. Yet, …


Physicians Who Break The Law, Diane E. Hoffmann Oct 2011

Physicians Who Break The Law, Diane E. Hoffmann

Diane Hoffmann

This paper takes as its starting point a recent article by Prof. Sandra Johnson, Regulating Physician Behavior: Taking Doctors “Bad Law” Claims Seriously. In the article, Johnson focuses on doctors who comply with the law despite their belief that the law is “bad”, i.e., causes them to behave in ways that are harmful to their patients. In Physicians Who Break the Law, I explore cases where physicians break the law claiming that it is “bad”. In this exploration, I focus on two areas of physicians’ lawbreaking: (1) violations of business-related laws, in particular, insurance fraud; and (2) violations of laws …


Are Ethics Committee Members Competent To Consult?, Diane E. Hoffmann, Anita J. Tarzian, J. Anne O'Neil Oct 2011

Are Ethics Committee Members Competent To Consult?, Diane E. Hoffmann, Anita J. Tarzian, J. Anne O'Neil

Diane Hoffmann

No abstract provided.


Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann Oct 2011

Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


The Maryland Health Care Decisions Act: Achieving The Right Balance?, Diane E. Hoffmann Oct 2011

The Maryland Health Care Decisions Act: Achieving The Right Balance?, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


The Biotechnology Revolution And Its Regulatory Evolution, Diane E. Hoffmann Oct 2011

The Biotechnology Revolution And Its Regulatory Evolution, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


Building Public Health Law Capacity At The Local Level, Diane Hoffmann, Virginia Rowthorn Oct 2011

Building Public Health Law Capacity At The Local Level, Diane Hoffmann, Virginia Rowthorn

Diane Hoffmann

No abstract provided.


Evaluating Ethics Committees: A View From The Outside, Diane E. Hoffmann Oct 2011

Evaluating Ethics Committees: A View From The Outside, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


Introduction To The Tenth Anniversary Issue Of The Journal Of Health Care Law & Policy , Karen H. Rothenberg, Diane E. Hoffmann Oct 2011

Introduction To The Tenth Anniversary Issue Of The Journal Of Health Care Law & Policy , Karen H. Rothenberg, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


When Should Judges Admit Or Compel Genetic Tests?, Diane Hoffmann, Karen Rothenberg Oct 2011

When Should Judges Admit Or Compel Genetic Tests?, Diane Hoffmann, Karen Rothenberg

Diane Hoffmann

No abstract provided.


Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann Oct 2011

Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


Who Decides Whether A Patient Lives Or Dies?, Diane E. Hoffmann, Jack Schwartz Oct 2011

Who Decides Whether A Patient Lives Or Dies?, Diane E. Hoffmann, Jack Schwartz

Diane Hoffmann

No abstract provided.


Achieving The Right Balance In Oversight Of Physician Opiod Prescribing For Pain: A Survey Of State Medical Boards, Diane Hoffmann, Anita Tarzian Oct 2011

Achieving The Right Balance In Oversight Of Physician Opiod Prescribing For Pain: A Survey Of State Medical Boards, Diane Hoffmann, Anita Tarzian

Diane Hoffmann

No abstract provided.


Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp Oct 2011

Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp

Diane Hoffmann

No abstract provided.


Mediating Life And Death Decisions, Diane E. Hoffmann Oct 2011

Mediating Life And Death Decisions, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


The Girl Who Cried Pain: A Bias Against Women In The Treatment Of Pain, Diane E. Hoffmann, Anita J. Tarzian Oct 2011

The Girl Who Cried Pain: A Bias Against Women In The Treatment Of Pain, Diane E. Hoffmann, Anita J. Tarzian

Diane Hoffmann

In general, women report more severe levels of pain, more frequent incidences of pain, and pain of longer duration than men, but are nonetheless treated for pain less aggressively. The authors investigate this paradox from two perspectives: Do men and women in fact experience pain differently - whether biologically, cognitively, and/or emotionally? And regardless of the answer, what accounts for the differences in the pain treatment they receive, and what can we do to correct this situation?


Achieving Quality And Responding To Consumers - The Medicare Beneficiary Complaint Process: Who Should Respond?, Diane E. Hoffmann, Virginia Rowthorn Oct 2011

Achieving Quality And Responding To Consumers - The Medicare Beneficiary Complaint Process: Who Should Respond?, Diane E. Hoffmann, Virginia Rowthorn

Diane Hoffmann

No abstract provided.


Are Health Care Conflicts All That Different? A Contrarian View, Diane E. Hoffmann Oct 2011

Are Health Care Conflicts All That Different? A Contrarian View, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.


Medical Marijuana And The Law, Diane Hoffmann, Ellen Weber Oct 2011

Medical Marijuana And The Law, Diane Hoffmann, Ellen Weber

Diane Hoffmann

No abstract provided.


Testing Children For Genetic Predispositions: Is It In Their Best Interest?, Diane E. Hoffmann, Eric A. Wulfsberg Oct 2011

Testing Children For Genetic Predispositions: Is It In Their Best Interest?, Diane E. Hoffmann, Eric A. Wulfsberg

Diane Hoffmann

No abstract provided.