Health Law and Policy Commons^™

Blue Cross: What Went Wrong?, Frances H. Miller

Faculty Scholarship

No abstract provided.

Medical Malpractice Litigation Under National Health Insurance: Essential Or Expendable, George J. Annas, Barbara F. Katz, Robert G. Trakimas

Faculty Scholarship

"Medical malpractice" denotes the basis for a civil action brought by a patient against a physician for injuries resulting from negligence. The current method for compensating victims of these occurrences is primarily a fault-and-liability insurance system. The first principle of tort liability is that the party at fault pays for the damage inflicted upon an innocent victim. Whether a doctor is at fault is determined in an adversary proceeding, with both the doctor and the patient represented by counsel. The triers of fact have the task of ascertaining whether the defendant was at fault, and if so, what compensation he …

Recent Developments, Mark J. Mathiesen

Vanderbilt Law Review

Under the existing statute Congress has attempted by legislation to encourage the development of HMOs as a viable alternative for the health-care consumer. As is often the casein the political world of Congress, the fanfare accompanying a legislative response has obscured the deficiencies of the answer. This act with its limited appropriations, restricted preemption language,and failure to support profit-making HMOs constitutes an experimental approach to the HMO concept, and therefore, only illusionary support for its development.

Euthanasia And The Right To Die—Moral, Ethical And Legal Perspectives, Bruce Vodiga

Chicago-Kent Law Review

No abstract provided.

The Sale Of Human Body Parts, Michigan Law Review

Michigan Law Review

Section I of this Note briefly surveys the state of the transplant art; section II outlines the inadequacy of the present human parts supply system; section III discusses some of the alternatives advanced as solutions to the shortage; section IV discusses the market system alternative; section V considers existing legal doctrines that may impede the establishment of such a system; and section VI reviews tort and tax law problems associated with the market concept.

The Abortion Cases: A Study In Law And Social Change, Eva Redfield Rubin

North Carolina Central Law Review

No abstract provided.

Informed Consent And Human Experimentation, Lawrence Emma

North Carolina Central Law Review

No abstract provided.

Two Proposals To Lower Prescription Drug Prices: Generic Name Prescribing & Repeal Of The Antisubstitution Laws, Michael Dana Mason

North Carolina Central Law Review

No abstract provided.

The Patient Rights Advocate: Redefining The Doctor-Patient Relationship In The Hospital Context, George J. Annas, Joseph M. Healey, Jr.

Vanderbilt Law Review

To change the traditional doctor-patient relationship in the health facility context, one must begin with a complete statement defining the rights, both those legally recognized and those granted as a matter of hospital policy, that should be afforded to all patients. This document should then be made available to all patients and hospital staff and to members of the community in general. Its first purpose is educational. To perform its second purpose-the assurance that rights are afforded--a patient rights advocate system should be adopted in the hospital. The advocate must have the power to exercise, on behalf and at the …

The Involuntarily Confined Mental Patient And Informed Consent To Psychiatric Treatment, Timothy M. Sullivan

Loyola University Chicago Law Journal

No abstract provided.

The Burgeoning Law Of Medical Experimentation Involving Human Subjects, 8 J. Marshall J. Prac. & Proc. 19 (1974), L. Edward Bryant Jr.

UIC Law Review

No abstract provided.

Fluoridation Facts: Answers To Questions About Fluoridation (1974), American Dental Association

Patient Dental Health Education Materials 1929-1981

No abstract provided.

On The Voluntary Admission Of Minors, Louis Lessem

University of Michigan Journal of Law Reform

The past several years have been witness to dramatic changes in both the theory and practice of civil commitment. In the law, this development has taken the form of increased concern for the protection of the personal liberties of the mentally ill while among members of the medical profession it has been experienced as a part of the process of opening up the back wards. Legislatures in many states have responded by revising their mental health statutes to establish more rigorous standards for commitment, periodic review of the status of committed patients, and better procedural safeguards throughout the commitment process. …

The Constitutional Right To Free Communication Of The Institutionalized Resident, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article comes from the notes and comments section of the North Carolina Central Law Journal from 1973.

Justified by the generic first amendment protection to unabridged expression and association, a United States citizen cannot be unreasonably denied the right to communicate by mail; by telephone; with legal counsel; with the opposite sex; with others. In most states where such a citizen becomes "mentally ill," the person may be involuntarily civilly committed. Although there is no justification for such a commitment beyond the fact that the individual is sick and is in need of care, often the individual's first amendment …

Representation Of Clients In Matters Relating To Hospital Bills, Ken Wing, S. Axelrad, P. A. Butler

Faculty Articles

This article is designed to acquaint Legal Services attorneys with a range of government health programs for which their clients may be eligible, and a number of legal theories that may impose a duty to provide care on public or private medical care institutions. The primary objective is to provide background material to assist the attorney in getting medical bills paid or defending a collection action. The article also includes a discussion of legal duties to provide care that will be useful in advising clients and consumer groups of their rights and of the programs and services that should be …

The Patient Rights Advocate: Redefinig The Doctor-Patient Relationship In The Hospital Context, George J. Annas, Joseph M. Healey Jr.

Faculty Scholarship

As Western man approaches the last quarter of the twentieth century, he is developing the power to control the forces of nature. Few areas of human behavior have not been affected by new technologies. In health care, progress has been dramatic in such areas as the determination of prenatal genetic defects through amniocentesis, asexual reproduction through artificial insemination, the use of an artificial placenta, cloning,artifical modification of man-especially through transplantation, ' modification of human behavior through psychosurgery and chemotherapy,' and the mechanical postponement of death. No aspect of health care has escaped the impact of technology.

Legal Problems In Organ Transplants, Jerome F. Leavell

Faculty Publications

No abstract provided.

Adverse Legal Implications Of Heroin Maintenance, Harold R. Washington

North Carolina Central Law Review

No abstract provided.

The Abortion Bias, Jennifer James

Washington Law Review

A book review essay considering Abortion: Law, Choice and Morality, by Daniel Callahan (1970).

Abroad In The Land: Legal Strategies To Effectuate The Rights Of The Physically Disabled, Ann Powers

Elisabeth Haub School of Law Faculty Publications

In view of limited legislative action, the handicapped may be forced to resort to the courts in order to vindicate their rights. To do so, they must develop new legal strategies by using existing theories in previously unexplored ways. This Note will consider the development of such strategies in the areas of education, physical access and employment.

Nysna Position; Series Ii; File 82, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Philosophical Statement; Series Ii; File 89, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

Process Design For Selection Of Hemodialysis And Organ Transplant Recipients, Al Katz

Buffalo Law Review

This paper was originally prepared as a consultant report to the project on "Social Factors Affecting the Modem Treatment for Catastrophic Disease," Professors Jay Katz and Alexander Capron, Directors (N.I.H. No. 9470-42-44609).

Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice

Journal Articles

It is not my purpose here to criticize the abortion decisions in detail. Professor Robert M. Byrn has exposed the many specific errors and evasions found in the majority opinions in those cases. As Professor Byrn demonstrates, the Supreme Court's opinions in Wade and Bolton are an intellectual shambles. I will not try to cover the same detailed ground that Professor Byrn did. Rather, after examining the medical evidence which establishes that the unborn child is a human being from the moment of conception, this article will evaluate the propriety of excluding this class of human beings from the protections …

The Dred Scott Case Of The Twentieth Century, Charles E. Rice

Journal Articles

In the 1973 abortion cases, the Supreme Court quoted this language from an 1871 report of the Committee on Criminal Abortion of the American Medical Association. The Court, however, did not follow the advice. Instead, the seven man majority held that the child in the womb is not a "person" within the meaning of the fourteenth amendment, which provides, "No State shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Court refused to call the child in …

Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman

Faculty Articles

Even in areas where legal representation has become available to the poor through the efforts of Legal Services programs, there is still one group that is almost universally denied representation: those confined under the various forms of civil commitment and patients in mental health institutions. Almost by definition in need of legal counsel and predictably indigent, they are faced with interpersonal and institutional barriers that further reduce their chances to obtain representation. It is the position of the National Health Law Program that Legal Services programs throughout the country should focus some of their attention towards this portion of their …

United States Department Of Agriculture V. Moreno, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States Department Of Agriculture V. Murry, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Woman's Right To Voluntary Sterilization, Susan L. Bloom

Buffalo Law Review

No abstract provided.

Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski

Faculty Scholarship

No abstract provided.