Health Law and Policy Commons^™

Quality Of Life Measurement In Persons With Schizophrenia: Are We Measuring What’S Important?, Marion Becker, Ronald J. Diamond

Mental Health Law & Policy Faculty Publications

No abstract provided.

Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006), Marc Ginsberg, Patricia C. Nowak

UIC Law Open Access Faculty Scholarship

No abstract provided.

Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King

American University Law Review

No abstract provided.

The Scapegoat: Emtala And Emergency Department Overcrowding, Laura Hermer

Faculty Scholarship

Part I of this article briefly discusses the Emergency Medical Treatment and Active Labor Act's salient provisions. Part II examines the history of emergency care and changes in healthcare organization and finance affecting the provision of charity care-topics which are significant in unraveling the alleged effects EMTALA has had on the healthcare system. Part III examines policy issues raised by EMTALA within our present system of health insurance and healthcare organization and finance.

This article reaches two conclusions. First, EMTALA, while a poor and archaic fit with our present system of healthcare delivery and finance, in fact has helped to …

Why Modernization Of The U.S Toxic Substances Law Is Good For Public Health And Business, Malcolm D. Woolf

Sustainable Development Law & Policy

No abstract provided.

Nanotechnologies: The Promise And The Peril, Jennifer Sass, Patrice Simms, Elliott Negin

Sustainable Development Law & Policy

No abstract provided.

Toward Healing And Restoration For All: Reframing Medical Malpractice Reform, Jonathan Todres

Faculty Publications By Year

The medical malpractice liability system is blamed for everything from the high cost of health care to quality assurance issues. This Article suggests that that one of the problems with the current approach to medical malpractice is that legal remedies for medical error are not viewed as part of the continuum of care. Thus, a new model - driven by the principle of care and the goal of healing - is needed to address medical errors more effectively. Building from these core principles of care and healing, the author develops a new healing-centered framework which provides a better assessment of …

Conflicts Of Interest In International Human Drug Research And The Insufficiency Of International Protections, Robert Gatter

All Faculty Scholarship

The problem of financial conflicts of interest in human subjects research is international in scope as drug manufacturers conduct trials in countries outside of the U.S., Japan, and the European Union, thereby side-stepping domestic regulation of conflicts of interest. Because such out-sourcing of human drug trials results in exporting risks associated with financial conflicts of interest, this essay examines the primary international sources for regulating those conflicts. These sources include the World Health Organization’s Guidelines for Good Clinical Practice for Trials on Pharmaceutical Products, the Guidelines for Good Clinical Practice adopted by the International Conference on Harmonisation of Technical Requirements …

The Mysterious Survival Of The Policy Against Informed Consent Liability For Hospitals, Robert Gatter

All Faculty Scholarship

The role of hospitals in managing the informed consent process for hospital-based treatments has expanded substantially over the last several decades. Most recently, many hospitals have installed multi-media platforms designed to provide a patient with basic information about a recommended procedure, including its associated risks, and to record the patient’s consent to or rejection of the procedure. Yet, despite the substantial control that hospitals exercise over the informed consent process, state courts routinely dismiss informed consent claims brought against hospitals, holding that only physicians have the training and expertise to satisfy informed consent obligations and therefore that only physicians may …

The Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard, Jr

Georgia Law Review

Recent events like the Terri Schiavo case typify the familiar phenomenon of a matter of legal significance becoming the focus of attention on the part not only of the courts, but also of the public, the media, and the government. Legal contemplation tends to consider these and other legal disputes isolated from their community roots and insulated from their political implications. Most private disputes remain private, and do not attract the interest of the media or the political branches of government. The media's estimate of public curiosity, however, transforms a select number of disputes into high-profile cases, which leads to …

The New International Health Regulations: An Historic Development For International Law And Public Health, David P. Fidler, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.

The Process Paradigm: Rethinking Medical Malpractice, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

The Food And Drug Administration's Evolving Regulation Of Press Releases: Limits And Challenges, William W. Vodra, Nathan Cortez, David E. Korn

Faculty Journal Articles and Book Chapters

The Food and Drug Administration (FDA) has developed an informal framework for regulating press releases by drug and medical device companies. FDA asserted jurisdiction over press releases based on its authority over labeling and advertising, and over the past 20 years, the agency has both broadened and scaled back its claims to authority over press statements.

Despite a somewhat predictable framework for anticipating how FDA regulates press materials, the agency's approach appears to be in flux. FDA will not tolerate false or misleading statements in press materials, but there are legal and practical limits to its regulation in this area. …

The Best Interest Test And Child Custody: Why Transgender Should Not Be A Factor In Custody Determinations, Kari J. Carter

Health Matrix: The Journal of Law-Medicine

No abstract provided.

An Economic Assessment Of Damage Caps In Medical Malpractice Litigation Imposed By State Laws And The Implications For Federal Policy And Law, H. E. Frech Iii, William G. Hamm, C. Paul Wazzan

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Future Of Telemedicine & Its Faustian Reliance On Regulatory Trade Barriers For Protection, Thomas R. Mclean

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni

Health Matrix: The Journal of Law-Medicine

No abstract provided.

In Respect Of People Living In A Permanent Vegetative State - And Allowing Them To Die, Lois Shepherd

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Efficiencies In Health Care Regulation: Observations Near And Far., John D. Blum

Faculty Publications & Other Works

No abstract provided.

Does Mission Matter?, Lawrence E. Singer

Faculty Publications & Other Works

No abstract provided.

Combating Those Ugly Medical Errors – It’S Time For A Hospital Regulatory Makeover, John D. Blum

Faculty Publications & Other Works

No abstract provided.

The Modern Age Of Informed Consent, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This essay explores the informed consent ramifications of the confluence of these two phenomena: developments in medical technology and emerging adulthood. In particular, it explores consent to medical treatments by emerging adults that are both elective and irreversible. In such cases, policy considerations dictate that additional safeguards be implemented to ensure that the consent given is truly informed. Part II of this essay provides an overview of the informed consent doctrine and outlines a variety of advancements in elective medical technology. Part III explores the concept of emerging adulthood. Part IV suggests that when emerging adults seek medical treatments that …

Book Review: "Hardwired Behavior: What Neuroscience Reveals About Morality", Stacey A. Tovino

Scholarly Works

The field of neuroethics has been described as an amalgamation of two branches of inquiry: the ethics of neuroscience and the neuroscience of ethics. The ethics of neuroscience, which has received considerable attention over the past three to four years, is concerned with the ethical principles that should guide brain research and the treatment of neurological disease, as well as the effects that advances in neuroscience have on our social, moral, and philosophical views. The neuroscience of ethics, which has received considerably less attention, may be described as a scientific approach to understanding ethical behavior. Psychiatrist and lawyer Laurence Tancredi …

The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino

Scholarly Works

Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade’s most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including severe brain injury, major depression, schizophrenia, dyslexia, cocaine addiction, compulsive gambling, pedophilia, racial evaluation, deception, cooperation, altruism, and even sexual preference. Poised to move outside the research context, fMRI and its ability to detect correlations between brain activations and sensitive and …

Volume 16 Issue 1 (2006), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Symposium: Science, Politics, And Reproductive Rights -- Introduction, Jessie Hill

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Politics And Science: Reproductive Health, Representative Henry A. Waxman U.S. Congress

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Surrounding Embryos: Biology, Ideology, And Politics, Janet L. Dolgin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Cultural Priorities Revealed: The Development And Regulation Of Assisted Reproduction In The United States And Israel, Ellen Waldman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

From Age Of Consent Laws To The "Silver Ring Thing": The Regulation Of Adolescent Female Sexuality, J. Shoshanna Ehrlich

Health Matrix: The Journal of Law-Medicine

No abstract provided.