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Articles 151 - 161 of 161
Full-Text Articles in Health Law and Policy
Dementia And Alzheimer's Disease: An Overview, Peter V. Rabins
Dementia And Alzheimer's Disease: An Overview, Peter V. Rabins
Georgia Law Review
Dementia is a syndromic diagnosis defined by three criteria: cognitive decline, multiple impairments, normal level of consciousness. It is an acquired disorder characterized by multiple impairments of cognition (distinct elements of intellectual processing such as memory, abstraction, judgment, and language) occurring in an individual who is fully alert and attentive. It is now known that at least seventy-five distinct diseases can present as this syndrome and that most of these diseases have specific syndromic patterns that allow clinicians to distinguish among them.
Role Of Jaffee V. Redmonds "Course Of Diagnosis Or Treatment" Condition In Preventing Abuse Of The Psychotherapist-Patient Privilege, Lynda W. Kenney
Role Of Jaffee V. Redmonds "Course Of Diagnosis Or Treatment" Condition In Preventing Abuse Of The Psychotherapist-Patient Privilege, Lynda W. Kenney
Georgia Law Review
The Supreme Court recognized the federal psychotherapist- patient privilege in Jaffee v. Redmond and conditioned its application on the existence of a "course of diagnosis or treatment" within which a psychotherapist and patient exchanged confidential communications. The Court expressly precluded trial courts from conditioning privilege application on the favorable balance of a given patient's need for privacy over the extent of evidentiary harm likely to be caused by applying the privilege. Doubting the sufficiency of Jaffee's "course of diagnosis or treatment"condition to prevent abusive application of the privilege,the First Circuit Court of Appeals recognized the crime-fraud exception to the privilege …
Is It Worth The Trouble? The New Policy On Dissemination Of Information On Off-Label Use Under The Food And Drug Administration Modernization Act Of 1997, Elizabeth Weeks Leonard
Is It Worth The Trouble? The New Policy On Dissemination Of Information On Off-Label Use Under The Food And Drug Administration Modernization Act Of 1997, Elizabeth Weeks Leonard
Scholarly Works
On January 14, 1998 the Food and Drug Administration (FDA) approved the use of a product previously marketed as Excedrin Extra Strength® for use in treating migraine headaches. As part of the approval for the new use of the product, FDA required the pharmaceutical manufacturer of Excedrin®, Bristol-Myers Squibb, to relabel and repackage the product. The new product is called “Excedrin Migraine®” and is sold side-by-side with Excedrin Extra Strength®. Both over-the-counter (OTC) products contain the same active ingredients: 250 milligrams of acetaminophen, 250 milligrams of aspirin, and sixty-five milligrams of caffeine. Many …
The Limits Of Advance Directives: A History And Assessment Of The Patient Self-Determination Act, Edward J. Larson, Thomas A. Eaton
The Limits Of Advance Directives: A History And Assessment Of The Patient Self-Determination Act, Edward J. Larson, Thomas A. Eaton
Scholarly Works
In this article, Professors Larson and Eaton assess the merits and shortcomings of the Patient Self-Determination Act. The article first traces the legislative history and policy behind the Act. The article then traces and analyzes many of the empirical studies designed to assess the Act and the Act's effect on the use of advance directives. The authors determine that the Act has been, at best, a "modest success." They conclude that the use of advance directives will remain limited and that alternative methods of providing for health treatment decisions, such as empowering physicians to act on incompetents' behalf, will have …
Georgia's Professional Malpractice Affidavit Requirement, Robert D. Brussack
Georgia's Professional Malpractice Affidavit Requirement, Robert D. Brussack
Scholarly Works
Section 9-11-9.1 of the Georgia Code might be the state's most notorious procedural statute. Enacted in 1987 to protect professionals against the harm done by groundless malpractice litigation, the statute provides that a professional malpractice claim ordinarily must be accompanied by an affidavit executed by an expert. In the affidavit, the expert must substantiate the claim by attesting that some act or omission alleged in the claim was a negligent act or omission--a departure from a professional standard of conduct. During the past decade, Georgia's appellate courts have returned again and again to the problem of what section 9-11-9.1 means, …
Introduction: Adapting Old Rules For A New Paradigm, Thomas A. Eaton
Introduction: Adapting Old Rules For A New Paradigm, Thomas A. Eaton
Scholarly Works
This Symposium brings together prominent practitioners and academic commentators in the field of health law. They are the authors of leading casebooks, treatises, and articles, and they craft the agreements that make "managed care" a practical reality. Collectively these authors explore a variety of cutting edge legal issues as our health system moves from a "fee-for-service" paradigm to one of managed care. These articles address such issues as tort liability for negligent care, fraud and abuse, disclosure of economic incentives to control costs, and antitrust. These seemingly disparate topics are united by a common theme: the need to adapt legal …
Refusals To Deal In "Locked-In" Health Care Markets Under Section 2 Of The Sherman Act After Eastman Kodak Co. V. Image Technical Services, James F. Ponsoldt
Refusals To Deal In "Locked-In" Health Care Markets Under Section 2 Of The Sherman Act After Eastman Kodak Co. V. Image Technical Services, James F. Ponsoldt
Scholarly Works
In the Kodak context, several common health care provider practices, previously challenged with varying results under traditional antitrust analysis, may be reexamined to focus upon the effect of refusals to deal in a secondary market with potential competitors in that secondary market. This Article focuses on three such practices: (1) the non-immunized revocation of hospital staff privileges for other than legitimate, quality-of-care motives; (2) the denial of hospital privileges to differentially credentialed, state-licensed providers; and (3) the closure of membership in comprehensive health care plans, such as preferred-provider organizations, combined with a refusal to deal with nonmembers. These practices should …
"In The Twinkling Of An Eye": A Proporsal For The Standard Of Legality To Be Applied In Hospital Staff Privileges Cases, Sarah Bartholomew Ellerbee
"In The Twinkling Of An Eye": A Proporsal For The Standard Of Legality To Be Applied In Hospital Staff Privileges Cases, Sarah Bartholomew Ellerbee
LLM Theses and Essays
This paper addresses one of the most troublesome aspects of antitrust jurisprudence. What standard of legality governs cases dealing with medical staff privileges decisions? Heretofore, it was generally thought that only two options existed. The most frequently used standard of legality for this type of case is the rule of reason. In using this analysis, the court looks at the restraint of trade of the reasonableness of its nature, and its purpose and effect. The pro-competitive aspects of the conduct are weighed against the restraints that the conduct imposes on the competition. In health care cases, courts have looked at …
Machiavelli And The Politics Of Welfare, National Health, And Old Age: A Comparative Perspective Of The Policies Of The United States And Canada, Camilla Watson
Machiavelli And The Politics Of Welfare, National Health, And Old Age: A Comparative Perspective Of The Policies Of The United States And Canada, Camilla Watson
Scholarly Works
This Article maintains that in order to fully comprehend the politics of welfare, retirement security, and national health coverage, it is necessary to examine Machiavellian principles in relation to the variables of economic development and inter-party competition. If the principles of Machiavelli are applied in a slightly different and more constructive manner, they may facilitate reform of the American welfare, retirement, and national health systems. Now that the political balance in the United States has shifted from the conservative to the liberal, the time is ripe to consider reforming the entire Social Security system and instituting a comprehensive national health …
Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson
Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson
Scholarly Works
The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …
The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels
The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels
LLM Theses and Essays
Part I of this thesis will describe the regulation of medical devices in the EEC. Before coming to the actual medical device legislation, a description of the legislative system in Europe will be given, to the extent that it is relevant for the Directives on medical devices. After dealing with the history of Directives and their current contents, the status of the Directives and their future prospects will be discussed. Part II will deal with the regulation of medical devices in the United States under the Food Drug & Cosmetic Act as amended by Medical Device Amendments of 1976. First, …