Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (52)
- Courts (24)
- Supreme Court of the United States (22)
- Judges (19)
- Legislation (18)
-
- Medical Jurisprudence (18)
- Administrative Law (12)
- Family Law (12)
- Criminal Law (10)
- Civil Procedure (8)
- Constitutional Law (8)
- Labor and Employment Law (8)
- Business Organizations Law (7)
- Consumer Protection Law (7)
- Estates and Trusts (7)
- Food and Drug Law (7)
- Juvenile Law (7)
- Torts (7)
- Insurance Law (6)
- Antitrust and Trade Regulation (5)
- Criminal Procedure (5)
- Education Law (5)
- Environmental Law (5)
- Evidence (5)
- Law and Gender (5)
- Law and Society (5)
- Property Law and Real Estate (5)
- Tax Law (5)
- Keyword
-
- ACA (9)
- HIPAA (9)
- Virginia (8)
- Act (7)
- Care (7)
-
- FDA (7)
- HIV (7)
- Health (7)
- Health care (7)
- Affordable (6)
- Patient (6)
- AIDS (5)
- Annual Survey of Virginia Law (5)
- Medicaid (5)
- Medicare (5)
- Policy (5)
- Protection (5)
- Public health (5)
- CDC (4)
- Constitution (4)
- FTC (4)
- Index (4)
- Land use (4)
- Medical Malpractice Act (4)
- NIH (4)
- Abortion (3)
- Acquired Immunodeficiency Syndrome (3)
- Affordable Care Act (3)
- Americans with Disabilities Act (3)
- Built environment (3)
- Publication Year
- Publication
- Publication Type
Articles 151 - 180 of 210
Full-Text Articles in Health Law and Policy
Will A Lawsuit A Day Keep The Cyberdocs Away? Modern Theories Of Medical Malpractice As Applied To Cybermedicine, Ruth Ellen Smalley
Will A Lawsuit A Day Keep The Cyberdocs Away? Modern Theories Of Medical Malpractice As Applied To Cybermedicine, Ruth Ellen Smalley
Richmond Journal of Law & Technology
Rivaled only by lawyers, those who earn their livelihood by practicing medicine are viewed by many as America's Public Enemy No. 1. This perception is due to the rising cost of medicine, the over-scheduling of patients, and the poor bedside manner that many people associate with a trip to the doctor's office. However, the advent of the Internet and its proliferation into schools, offices, and homes has placed medical opinions only a mouse click away. Websites, such as cyberdocs.com, allow patients to type in a description of their ailments and receive diagnoses and treatment advice from an on-line medical professional …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday
Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday
University of Richmond Law Review
During the past year, the Commonwealth of Virginia has experienced numerous developments in health law on all three major legal fronts-legislative, judicial, and administrative law. These developments have covered a range of health law topics, including everything from revisions to the public certificate of need process for health care facilities and the regulation of body-piercing of minors on the legislative front, to key decisions regarding the scope of the Virginia Birth-Related Neurological Injury Compensation Act and the Health Care Decisions Act on the judicial front, to action on the regulatory front regarding independent external appeals ofhealth plan denials and hospice …
Note, Space-Age Medicine, Stone-Age Government: How Medicare Reimbursement Of Telemedicine Services Is Depriving The Elderly Of Quality Medical Treatment, Kristen Jakobsen Osenga
Note, Space-Age Medicine, Stone-Age Government: How Medicare Reimbursement Of Telemedicine Services Is Depriving The Elderly Of Quality Medical Treatment, Kristen Jakobsen Osenga
Law Faculty Publications
We have the technology. What is needed is government financial commitment, so argues Kristen Jakobsen in the following discussion of "telemedicine." The term refers to the delivery of health care services by means of modern telecommunications technology. According to Ms. Jakobsen, the telephone, the fax machine, the Internet, and interactive audio-visual transmissions hold the key to making medical care more accessible and less expensive. Potential beneficiaries include vast populations of elderly in rural areas, who tend to be remote from upscale health care facilities and in need of the wherewithal to reach them. Standing in the way, in Ms. Jakobsen's …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Duty To Treat Asymptomatic Hiv-Positive Patients Or Face Disability Discrimination Under Abbott V. Bragdon: The Scylla And Charybdis Facing Today's Dental And Health Care Providers, Lisa Taylor Hudson
University of Richmond Law Review
Imagine yourself in the following scenario. You are an experienced dentist with a small private practice, and you routinely accept new patients and referrals. One of your long-time patients is scheduled for a routine tooth cleaning and dental examination. You make every effort to keep updated documentation on your patients, and in that pursuit, you request that the. patient complete a basic written health questionnaire. In the section relating to medications and relevant medical history, the patient reveals that she is taking medications for Acquired Immunodeficiency Syndrome ("AIDS"),' and that she has tested positive for Human Immunodeficiency Virus ("HIV-positive").
Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina
Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina
Richmond Journal of Law and the Public Interest
The topic of euthanasia gives rise to a host of ethical questions including those regarding the quality of life, beneficence, and the responsibilities of physicians toward their patients. While there are many kinds of cases in which euthanasia may be considered, such as those involving severely handicapped newborns and patients with debilitating but not fatal conditions, this paper focuses on the situation of late-state terminally ill patients who are suffering and want active euthanasia as an option for ending their pain. This paper explains why, under such circumstances, voluntary active euthanasia may be ethically justified. Active and passive euthanasia are …
Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti
Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti
Richmond Journal of Law and the Public Interest
At times, the law appears confusing and unfair. Criminal defendants receive the strictest of all standards of review: "guilt beyond a reasonable doubt." But why are the accused afforded greater constitutional protections than the victim? One reason may be found by examining the intent of the authors of the United States Constitution. Our founding fathers wanted Americans to escape the kind of persecution suffered under English rule. From its inception, the Constitution and the laws that followed were based on public policy and ethics. This legal precedence is used to interpret new laws. However, because of precedence, laws often do …
When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler
When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler
Richmond Public Interest Law Review
This article examines the organ transplant problem with a focus on these two potential sources. Part II exposes the problem which, simply stated, is that a serious shortage of transplantable organs makes identification of new sources of donor organs a necessity. Part III deals with the anencephalic infant as a source of organs. It discusses the nature of this fatal birth defect, the manner in which these infants have been dealt with in the past, and how they are treated today. The article goes on to discuss why these infants may be a valuable potential source of organs for pediatric …
Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti
Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti
Richmond Public Interest Law Review
At times, the law appears confusing and unfair. Criminal defendants receive the strictest of all standards of review: "guilt beyond a reasonable doubt." But why are the accused afforded greater constitutional protections than the victim? One reason may be found by examining the intent of the authors of the United States Constitution. Our founding fathers wanted Americans to escape the kind of persecution suffered under English rule. From its inception, the Constitution and the laws that followed were based on public policy and ethics. This legal precedence is used to interpret new laws. However, because of precedence, laws often do …
Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce
Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce
Richmond Public Interest Law Review
Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …
Complexities In Biomedical Decision Making, George P. Smith Ii
Complexities In Biomedical Decision Making, George P. Smith Ii
Richmond Public Interest Law Review
A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …
Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina
Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina
Richmond Public Interest Law Review
The topic of euthanasia gives rise to a host of ethical questions including those regarding the quality of life, beneficence, and the responsibilities of physicians toward their patients. While there are many kinds of cases in which euthanasia may be considered, such as those involving severely handicapped newborns and patients with debilitating but not fatal conditions, this paper focuses on the situation of late-state terminally ill patients who are suffering and want active euthanasia as an option for ending their pain. This paper explains why, under such circumstances, voluntary active euthanasia may be ethically justified. Active and passive euthanasia are …
Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss
Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss
Richmond Public Interest Law Review
The computerization of health information and medical records, including sensitive personal information that potentially reveals intimate details of one's life, habits, or genetic predisposition, is a mixed blessing. While offering a means of streamlining and improving the health care delivery system through speed and immense storage capacity, computerized medical information also presents new challenges as it impacts our right of privacy and expectation of confidentiality, creating serious ethical and legal issues. Non-uniform, patchwork statutory guidelines among the states have led to uncertainty and confusion surrounding disclosure, accessibility, and storage of medical data. This paper examines the legal ramifications surrounding issues …
Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson
Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson
Richmond Public Interest Law Review
A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.
The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong
The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong
Richmond Public Interest Law Review
Organ transplantation is a comprehensive subject covering many different issues: medical, social, political and economic. This paper focuses on the ethical and social implications of organ donation. Also presented are the different policy and program options attempting to meet the immense demand for donors. Part I addresses an initial obstacle to organ transplantation-- consent. Part II describes the ethical conflicts related to donor sources. Part III examines possible transplant policy solutions and the potential ramifications of their implementation. Part IV concludes with suggestions for future solutions and a recommendation for an effective policy which can increase the organ donor supply, …
When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler
When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler
Richmond Journal of Law and the Public Interest
This article examines the organ transplant problem with a focus on these two potential sources. Part II exposes the problem which, simply stated, is that a serious shortage of transplantable organs makes identification of new sources of donor organs a necessity. Part III deals with the anencephalic infant as a source of organs. It discusses the nature of this fatal birth defect, the manner in which these infants have been dealt with in the past, and how they are treated today. The article goes on to discuss why these infants may be a valuable potential source of organs for pediatric …
Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce
Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce
Richmond Journal of Law and the Public Interest
Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …
Complexities In Biomedical Decision Making, George P. Smith Ii
Complexities In Biomedical Decision Making, George P. Smith Ii
Richmond Journal of Law and the Public Interest
A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …
Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss
Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss
Richmond Journal of Law and the Public Interest
The computerization of health information and medical records, including sensitive personal information that potentially reveals intimate details of one's life, habits, or genetic predisposition, is a mixed blessing. While offering a means of streamlining and improving the health care delivery system through speed and immense storage capacity, computerized medical information also presents new challenges as it impacts our right of privacy and expectation of confidentiality, creating serious ethical and legal issues. Non-uniform, patchwork statutory guidelines among the states have led to uncertainty and confusion surrounding disclosure, accessibility, and storage of medical data. This paper examines the legal ramifications surrounding issues …
Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson
Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson
Richmond Journal of Law and the Public Interest
A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.
The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong
The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong
Richmond Journal of Law and the Public Interest
Organ transplantation is a comprehensive subject covering many different issues: medical, social, political and economic. This paper focuses on the ethical and social implications of organ donation. Also presented are the different policy and program options attempting to meet the immense demand for donors. Part I addresses an initial obstacle to organ transplantation-- consent. Part II describes the ethical conflicts related to donor sources. Part III examines possible transplant policy solutions and the potential ramifications of their implementation. Part IV concludes with suggestions for future solutions and a recommendation for an effective policy which can increase the organ donor supply, …
Blood As A Biological "Drug": Scientific, Legal, And Policy Issues In The Regulation Of Placental And Umbilical Cord Stem Cell Transplantation, Jennifer Kulynych
Blood As A Biological "Drug": Scientific, Legal, And Policy Issues In The Regulation Of Placental And Umbilical Cord Stem Cell Transplantation, Jennifer Kulynych
University of Richmond Law Review
Not all blood cells are created equal. Some are born, carry out their appointed tasks-red blood cells oxygenating the blood, white blood cells fighting infection-and die. But an elusive subset have special properties: they are the progenitors of all the many types of peripheral (circulatory) blood cells, and as such, they have the potential to reconstitute an entire blood supply. Known as hematopoietic stem cells, these blood cells reproduce indefinitely. For patients with leukemia or other blood diseases, the transplantation of hematopoietic stem cells from another person's bone marrow can provide the gift of life.
Leaving The Door Ajar: The Supreme Court And Assisted Suicide, Melvin I. Urofsky
Leaving The Door Ajar: The Supreme Court And Assisted Suicide, Melvin I. Urofsky
University of Richmond Law Review
In June, 1997, the Supreme Court ruled that a constitutional right to assisted suicide exists in neither the Due Process nor the Equal Protection Clauses of the Fourteenth Amendment. But while a federal right does not exist, the Court made it quite clear that the states had ample leeway in which to fashion law on this issue; moreover, the concurring opinions of five Justices strongly implied that, should the states enact legislation that would severely limit end-of-life choices, the Supreme Court would revisit the issue. Far from slamming the door shut on assisted suicide, the Court left it more than …
Medicaid Eligibility Planning For Aged Clients In Virginia, Jonathan D. Frieden
Medicaid Eligibility Planning For Aged Clients In Virginia, Jonathan D. Frieden
University of Richmond Law Review
The Medicaid program is a jointly financed federal and state assistance program established under Title XIX of the Social Security Act of 1965. The purpose of the program is to provide "federal financial assistance to States that choose to reimburse certain costs of medical treatment for needy persons." The Medicaid program's federal statutory and regulatory framework was described by Justice Powell of the United States Supreme Court as "among the most intricate ever drafted by Congress." Justice Powell added that the Act's "Byzantine construction... makes [it] 'almost unintelligible to the uninitiated." To add to these already significant difficulties, each state …
Looking For A Nonlegal Process: Physician-Assisted Suicide And The Care Perspective, Paul J. Zwier
Looking For A Nonlegal Process: Physician-Assisted Suicide And The Care Perspective, Paul J. Zwier
University of Richmond Law Review
One of the many benefits of an interdisciplinary seminar like the Allen Chair-sponsored Bioethics seminar held at the University of Richmond Law School in 1995 was that members of the seminar had the opportunity to study the effects of the legal system's attempt to regulate bioethical issues. No question proved more troubling for the seminar than the question of physician-assisted suicide. Seminar participants, both members of the class and speakers, divided deeply on the legality of physician-assisted suicide, and for good reason. The discussions started with court decisions that were found to be both divisive and unsatisfactory. A number of …
Medical Use Of Marijuana: Legal And Ethical Conflicts In The Patient/Physician Relationship, Matthew W. Grey
Medical Use Of Marijuana: Legal And Ethical Conflicts In The Patient/Physician Relationship, Matthew W. Grey
University of Richmond Law Review
Kenneth Jenks was born a hemophiliac, inheriting the condi- tion from his mother. He contracted the HIV virus from a blood transfusion in 1980 and unknowingly passed the virus to his wife, Barbara Jenks. Mrs. Jenks was the first to suffer the effects of the illness. Her weight dropped by nearly forty pounds in three weeks due to constant debilitating nausea, and she was repeatedly hospitalized for two- to three-week stretches. Mrs. Jenks tried a half-dozen different oral medications for nausea to no avail, and could not function after shots for nausea left her in a stupor. Mr. Jenks experienced …
The Legalization Of Physician-Assisted Suicide: Creating A Regulatory Potemkin Village, Daniel Callahan, Margot White
The Legalization Of Physician-Assisted Suicide: Creating A Regulatory Potemkin Village, Daniel Callahan, Margot White
University of Richmond Law Review
Over the past two decades, both professional and lay opinion have shown a markedly favorable shift toward the legalization of euthanasia and physician-assisted suicide (PAS). Yet the translation of that support into legislation has come more slowly. Only in 1994, after the failure in some states to enact legislation and the defeat of ballot initiatives in California in 1991 and Washington in 1992, did an initiative finally succeed in Oregon. Although a court injunction has prevented it from taking effect, the fact of its passage marks an historical milestone. Among Western countries, euthanasia and PAS are legally available only in …
Paying Physicians More To Do Less: Financial Incentives To Limit Care, David Orentlicher
Paying Physicians More To Do Less: Financial Incentives To Limit Care, David Orentlicher
University of Richmond Law Review
As the explosion in health care costs has led to serious ef- forts at cost containment, concerns have been raised that some of the methods used to contain costs may cause more harm than good. In particular, many commentators have criticized the practice of giving physicians personal financial incentives to limit the provision of care to their patients. These critics have argued that, if physicians are paid more to do less, patients will suffer harm from undertreated illness, and patient trust in the patient-physician relationship will be seriously compromised. Accordingly, it is argued, financial incentives for physicians to limit care …
Patient-Psychotherapist Privilege: Acces To Clinical Records In The Tangled Web Of Repressed Memory Litigation, Elizabeth F. Loftus, John R. Paddock, Thomas F. Guernsey
Patient-Psychotherapist Privilege: Acces To Clinical Records In The Tangled Web Of Repressed Memory Litigation, Elizabeth F. Loftus, John R. Paddock, Thomas F. Guernsey
University of Richmond Law Review
The 1990s promise to be an era of mental health litigation whose outcomes that some predict will dwarf the settlements awarded recently in lawsuits over sexual improprieties between psychotherapists and their patients. One expert estimates that over 17,000 claims will be filed in the next decade, with litigation costs in excess of $250 million. These new cases emerged as therapy patients began to accuse fathers and mothers, uncles and grandfathers, former neighbors and teachers, psychotherapists and countless others of sexually abusing them years ago.