Health Law and Policy Commons^™

Release Of Medical Records By Hospitals In North Carolina, Robert A. Brady

North Carolina Central Law Review

No abstract provided.

A Quick And Current Look At The Kepone Tragedy

William & Mary Environmental Law and Policy Review

No abstract provided.

Virginia's New Medical Malpractice Review Panel And Some Questions It Raises, Thomas J. Harlan Jr.

University of Richmond Law Review

Historically, attorneys would claim that in potential medical malpractice cases, it was difficult, if not impossible, to proceed against a defendant doctor. The so-called "conspiracy of silence" existed, causing the refusal of other doctors to serve as expert medical witnesses to prove that the defendant fell below the standard of reasonable care. This has not been true in Virginia for some time. In 1962, by a joint effort of the Virginia State Bar and the Medical Society of Virginia, a "Joint Screening Panel" was established. Its two-fold purpose was (1) to prevent frivolous claims from being filed against physicians and …

West German Abortion Decision: A Contrast To Roe V. Wade: Preface, 9 J. Marshall J. Prac. & Proc. 551 (1976), John D. Gorby, Robert E. Jonas

UIC Law Review

No abstract provided.

Dissenting Remarks West German Abortion Decision: A Contrast To Roe V. Wade, 9 J. Marshall J. Prac. & Proc. 595 (1976), Robert E. Jonas

UIC Law Review

No abstract provided.

West German Abortion Decision: A Contrast To Roe V. Wade West German Abortion Decision: A Contrast To Roe V. Wade, 9 J. Marshall J. Prac. & Proc. 605 (1976), Robert E. Jonas, John D. Gorby

UIC Law Review

No abstract provided.

Professional Power And Judicial Review: The Health Professions, William A. Kaplin

Scholarly Articles

The recent wave of public concern about health care has precipitated a trend toward public scrutiny of professional standards. This trend has created a tension in the system which is prompting a redefinition of the role of professionalism within the health care system, as well as a rethinking of governmental and public roles in the system's operation. Courts and legislatures, the ultimate propounders of public policy, can play a crucial role in this redefinition and rethinking. As policy makers and interest groups have sought firmer handholds on the professionally dominated standard-setting processes, the demands on courts and legislatures to scrutinize …

Manipulating The Genetic Code: Jurisprudential Conundrums, George P. Smith Ii

Scholarly Articles

This article considers the scientific, legal, ethical, and social issues of the Brave New World of Biotechnology as they existed in 1976 and as they exist — interestingly — today. Central to these issues (e.g., in vitro fertilization, genetic planning) presented in historical context, is consideration of the extent to which freedom of scientific investigation should be allowed and even encouraged by the government. In order to shape normative standards of conduct from which ethical constructs can be developed and policy developed, scientific experimentation must be promoted and designed to safeguard the common good — this, by enhancing opportunities for …

Mass Immunization Cases: Drug Manufacturers'liability For Failure To Warn, Mary E. Mann

Vanderbilt Law Review

In recent years, the manufacturers of polio' vaccines, administered in mass immunization programs at public health clinics, have been beseiged with a flurry of cases in which they have been held liable for failing adequately to warn of the dangers inherent in the use of an otherwise pure, unadulterated drug. As a result of the relatively large judgments awarded in these cases and the almost insurmountable practical problems of preventing further liability, drug manufacturers have ceased, or are threatening to cease, production of these essential, life-saving vaccines. Consequently, these recoveries threaten the effectiveness of the nation's preventative health care programs …

Introduction To The Translation Of The Abortion Decision Of The Federal Constitution Court Of The Federal Republic Of Germany West German Abortion Decision: A Contrast To Roe V. Wade: Introduction, 9 J. Marshall J. Prac. & Proc. 557 (1976), John D. Gorby

UIC Law Review

No abstract provided.

The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers

Book Chapters

Mentally retarded people are people. When strong reasons exist to treat them differently from other people, they should be provided the necessary services, restraint, or protection through means that intrude as little as possible on their freedom to live the life that others are permitted to live. "Normalization" is the term professionals use to define the goal and the process of helping mentally retarded citizens lead a "normal" life. The attainment of this goal involves undoing the multitude of formal constrictions governments have typically placed on the retarded citizen's freedom: his place of residence, his schooling, his control over his …

National Health Planning And Resources Development Act Of 1974: Implications For The Poor, Ken Wing, A. G. Schneider

Faculty Articles

The National Health Planning and Resources Development Act of 1974, was signed into law on January 4, 1975, following a lengthy legislative struggle. During the past 11 months, the fighting among private and public health interests has continued, although the principal arena has shifted from the Congress to the Department of Health, Education and Welfare, which is charged with primary responsibility for implementing the law. While the final outcome of this political conflict is still difficult to foresee, some informed estimates can already be made concerning the implications of this legislation for the poor. This article will not summarize the …

Michigan's Revised Mental Health Code, William David Serwer

University of Michigan Journal of Law Reform

This note will evaluate the three chapters of the Michigan Code which present the most significant legislative attempts to safeguard the rights of the mentally ill. Chapter Four of the Code extends several traditional due process guarantees to the civil commitment process. By guaranteeing the right to adequate notice, the right to be present at the hearing, the right to be represented by counsel, and the right to notice of trial by jury, the Code offers better protection from unwarranted commitment. However, due to the difficulty of defining mental illness and accurately identifying those in need of treatment, the possibility …

New York's Revised Nursing Home Legislation, Michael G. Mcgee

University of Michigan Journal of Law Reform

This note undertakes an analysis of the extensive package of nursing home legislation recently enacted in New York. First, specific regulations will be examined in relation to problems they are designed to remedy. Next, the note critically appraises three key, innovative provisions, making recommendations for implementation or revision of each. Finally, the broad changes needed to bring about lasting improvement of nursing care are discussed and a summary of pending legislation is provided.

A Mental Patient's Right To Vote: An Analysis Of The Wild Case, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article is an analysis of the Wild case that was heard on 15 June 1976 by Judge Lloyd Jones of the County Court, Warrington.

In order to vote, the person's name must appear on the register of electors as a resident of a particular locality. Any place where the elector legitimately resides (even a hostel, a general hospital or a university) may be used as an address which qualifies a person for entry onto the register. The one exception is found in section 4(3) of the Representation of the People Act 1949, as amended by the Mental Health Act, …

Regulation Of Electroconvulsive Therapy, Carol Sanger

Faculty Scholarship

Electroconvulsive therapy (ECT) is a psychiatric procedure that induces a convulsive seizure in the patient in order to treat severe depression. Recently, courts, legislatures, and the medical profession have paid increasing attention to the regulation of ECT. Their interest has been stimulated by the growing recognition of the rights of mental patients, the developing role of consent in medical transactions, and the results of recent scientific research on the efficacy and consequences of ECT.

Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the …

Changing Attitudes Toward Euthanasia, Alice V. Mehling

IUSTITIA

Death is a very individual matter which does not readily lend itself to collective decision. Medical ethicists frequently conclude that to allow a person to die from malice is more reprehensible than to help a person to die from mercy. The most striking change which is taking place in consideration of the problem is recognition of the need to reinforce the patient's right to decide on the course of medical treatment.

A New York Times editorial of February 3, 1903 condemned the practice of active euthanasia by comparing it to "practices of savages in all parts of the world". Seventy …

When You Enter The Hospital Check Your Rights At The Door, George J. Annas

Faculty Scholarship

Civil libertarians have little difficulty appreciating the plight of prisoners or mental patients. But tell the average civil libertarian that there are significant and unnecessary restrictions on the individual rights and liberties of patients in general hospitals, and you are likely to encounter a blank stare. There are a number of reasons for this lack of attention to hospitals. One is the general misconception that the problems are minor, or that certain temporary restrictions on individuals are essential if hospitals are to treat sick people properly. An unconscious desire not to perceive ourselves as being at risk may be another …

A Right To Reasons When Denied Parole, Dorothy C. Bernholz

North Carolina Central Law Review

No abstract provided.

Informed Consent And Medical Experimentation, George H. Martin Jr.

IUSTITIA

Certain biomedical technologies already or almost already with us "threaten to reduce the meaning of man and to degrade the human spirit in the very process of becoming technologically feasible, long before the final stage of deployment and widespread use has been reached." It is this threat that has prompted me to consider certain medical and legal problems associated broadly with the human experimentation process. I shall be examining the concept of "informed consent" to both experimental medical therapy and nontherapeutic scientific experimentation as a means of protecting man from the potential ravages of a zealous application of scientific advances …

In The Matter Of: Certificate Of Need For Aston Park Hospital, Inc.: Impasse For Regulation Of Hospital Construction In North Carolina, Robert A. Brady

North Carolina Central Law Review

No abstract provided.

Mental Health - Clarifying Statutory And Constitutional Guidelines For Involuntary Civil Commitment Procedure Under The Illinois Mental Health Code - People V. Sansone, Richard J. Cremieux

Loyola University Chicago Law Journal

No abstract provided.

Psro: A Status Report On Medical Peer Review Under The 1972 Social Security Act Amendments, Marilyn Kuhr

Loyola University Chicago Law Journal

No abstract provided.

Abortion Law - Friendship Medical Center, Ltd. V. Chicago Board Of Health, Invalidating City Health Regulations Applicable To First Trimester Abortion Procedures, James W. Ford

Loyola University Chicago Law Journal

No abstract provided.

Lead-Based Paint Poisoning: Remedies For The Hud Low-Income Homeowner When Neglect Is No Longer Benign, Thomas P. Sarb

University of Michigan Journal of Law Reform

Lead-based paint poisoning is a completely preventable disease which particularly afflicts young children living in deteriorating areas of the cities. It is caused by the ingestion of paint chips containing significant amounts of lead that have fallen or been picked off ceilings, floors, and woodwork of older houses. Repeated ingestion of such paint chips can lead to mental retardation, permanent impairment of intellectual ability, cerebral palsy, and blindness. Every year at least 400,000 children show some effect of lead poisoning; 50,000 of them need treatment; and 200 children die of the disease. The early symptoms of lead poisoning are changes …

The Wyatt Case: Implementation Of A Judicial Decree Ordering Institutional Change, 84 Yale L.J. 1338 (1975), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Impact Of Michigan's Health Maintenance Organization Act, Roger Alan Petzke

University of Michigan Journal of Law Reform

Growing dissatisfaction with the shortcomings of the traditional system of health care has led to renewed interest in the Health Maintenance Organization (HMO) concept in recent years. Although some HMO's have been operating in the United States for over forty years, conditions have been less than favorable to their growth and development. Major obstacles have been opposition from the medical profession, lack of public understanding about the nature and function of HMO's, and state laws restricting or prohibiting the establishment of HMO's. In order to create a more favorable legal climate and encourage HMO development, a number of states, including …

Freedom Of Expression And The Mentally Disordered: Philosophical And Constitutional Perspectives, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Mental illness is usually described as an impaired ability to communicate effectively. Yet the societal response--both historically and under modem psychiatric practice--has been to retard, rather than encourage, the acquisition of linguistic skills. This impediment to normal social intercourse leaves individual interests in free expression ineffectuated; it concerns the legal profession because the government condones and enforces the restriction of first amendment rights in a potentially large segment of the population. This article examines the philosophical justification for free communication for the mentally handicapped. It further suggests a systematic application of the first amendment to the particular problems of the …

O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss

Cleveland State Law Review

On June 26, 1975, the Supreme Court was confronted with the controversial issue of whether there is a constitutionally guaranteed right to treatment for nondangerous persons who have been involuntarily and civilly committed to mental institutions. The Court avoided this long advocated issue and created the potential for future litigation by holding that a state cannot constitutionally confine a nondangerous individual solely for custodial care if such person can live safely in the outside world, without a finding of more than mere mental illness. This comment will discuss the decision in terms of the most volatile and frequently urged constitutional …

Viability And Abortion, Chris Macaluso

Kentucky Law Journal

No abstract provided.