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Articles 691 - 720 of 1315
Full-Text Articles in Medical Jurisprudence
Forgive And Forget: Recognition Of Error And Use Of Apology As Preemptive Steps To Adr Or Litigation In Medical Malpractice Cases , Ashley A. Davenport
Forgive And Forget: Recognition Of Error And Use Of Apology As Preemptive Steps To Adr Or Litigation In Medical Malpractice Cases , Ashley A. Davenport
Pepperdine Dispute Resolution Law Journal
Medical malpractice cases are a special breed within the field of tort jurisprudence as mistakes in the medical field are regrettably inevitable. Medical universities use some of the greatest hospitals in this country as interactive classrooms to teach future physicians. A vast number of people are treated in hospitals throughout the United States every day, and of those treated, a number are neglected under the confines of the law. The American public expects infallible care from our health care system and any deviation from perfection may result in legal action. Those wronged seek litigation primarily as a means to punish …
In The Aftermath Of The Terri Schiavo Case: Resolving End-Of-Life Disputes Through Alternative Dispute Resolution, Alisa L. Geller
In The Aftermath Of The Terri Schiavo Case: Resolving End-Of-Life Disputes Through Alternative Dispute Resolution, Alisa L. Geller
Pepperdine Dispute Resolution Law Journal
Imagine yourself the proud parent of an adult daughter. You have spent many years nurturing your precious child so that she may excel in the world. Just as all of your dreams for her are coming true, the news no parent wants to hear was delivered. Your daughter lost control of her car, the vehicle overturned and she was found lying face down in a ditch. You gasped. You expected the worst. A tragic end to a life yet lived. Then, the good news was delivered. You breathed a sigh of relief. You learned she survived. She was in a …
Mediation In The Health Care System: Creative Problem Solving , Sheea Sybblis
Mediation In The Health Care System: Creative Problem Solving , Sheea Sybblis
Pepperdine Dispute Resolution Law Journal
Part I of this paper provides a comparison of the use of litigation and mediation in the health care context. Part II explores how mediation can be used to improve many of the often criticized aspects of adjudication systems and alleviate tension between parties in health care disputes. Part III provides an evaluation of current mediation programs and studies in health care, as well as the expanding role of mediators. Part IV incorporates assessments of the potential success of mediation to resolve health care disputes in the future and provides suggestions to strengthen the process.
It’S My Body: The Biomedical Ethics Of Cell And Organ Harvest, Christina Perri
It’S My Body: The Biomedical Ethics Of Cell And Organ Harvest, Christina Perri
Common Reading Essay Contest Winners
First Place
Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker
Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker
Michigan Journal of Gender & Law
If we slightly change the facts of the story about the discouraging doctor, it becomes a story that happens every day. Abortion patients face attempts to discourage them from terminating their pregnancies like those the imaginary doctor used, as well as others-and state laws mandate these attempts. While the law of every state requires health care professionals to secure the informed consent of the patient before any medical intervention, over half of the states place additional requirements on legally effective informed consent for abortion. These laws sometimes include features that have ethical problems, such as giving patients deceptive information. Unique …
The Neurophysiology Of Adr And Process Design: A New Approach To Conflict Prevention And Resolution?, Jeremy Lack, François Bogacz
The Neurophysiology Of Adr And Process Design: A New Approach To Conflict Prevention And Resolution?, Jeremy Lack, François Bogacz
Cardozo Journal of Conflict Resolution
Neurobiology seems to be popping up everywhere. It is being taught in leadership conferences, sales and marketing seminars, management meetings, business schools, and increasingly in law schools and bar associations. The cover of the American Bar Association's Summer 2011 Dispute Resolution Magazine was dedicated to the topic of "Neuroscience and Negotiation." In it, Professor Richard Birke observes that "Neuroscience is everywhere." Is it a new fad or a fundamental awakening, providing new insights for the legal profession?
Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins
Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins
UIC Law Review
No abstract provided.
Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012), Kristen Zaharski
Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012), Kristen Zaharski
UIC Law Review
No abstract provided.
Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer
UIC Law Review
No abstract provided.
Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012), Laura Hoffman
UIC Law Review
No abstract provided.
Defensive Medicine And Obstetric Practices, Michael D. Frakes
Defensive Medicine And Obstetric Practices, Michael D. Frakes
Faculty Scholarship
Using data on physician behavior from the 1979–2005 National Hospital Discharge Surveys (NHDS), I estimate the relationship between malpractice pressure, as identified by the adoption of non-economic damage caps and related tort reforms, and certain decisions faced by obstetricians during the delivery of a child. The NHDS data, supplemented with restricted geographic identifiers, provides inpatient discharge records from a broad enough span of states and covering a long enough period of time to allow for a defensive medicine analysis that draws on an extensive set of variations in relevant tort laws. Contrary to the conventional wisdom, I find no evidence …
The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou
The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou
UIC Law Review
No abstract provided.
Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya
Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya
Utah OnLaw: The Utah Law Review Online Supplement
While boasting a culture that is rich in family and community values, Utah ought to be leading the way in developing and implementing a comprehensive and efficient system of care that protects children and families by placing tools within the home and the community to strengthen these core units of Utah society. Further, with the Utah State Hospital at the end of its physical lifespan, and a crippled economy requiring more budget pinching than ever, the timing is particularly conducive to taking these crucial steps forward. With these litigation tools, an advocacy group or family might be able to successfully …
Access To Medicaid: Recognizing Rights To Ensure Access To Care And Services, Colleen Nicholson
Access To Medicaid: Recognizing Rights To Ensure Access To Care And Services, Colleen Nicholson
University of Michigan Journal of Law Reform Caveat
The Supreme Court has defined Medicaid as “a cooperative federal-state program through which the Federal Government provides financial assistance to States so that they may furnish medical care to needy individuals.” In June 2012, the Court found the Patient Protection and Affordable Care Act’s (PPACA) Medicaid expansion unconstitutional. The Court took issue with the threat to withhold all of a state’s Medicaid funding if they did not comply with the expansion, finding it coercive and a fundamental shift in the Medicaid paradigm. However, Medicaid in its current form may not always be effective at providing beneficiaries with timely access to …
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
Faculty Articles
This article is the second, and most important, installment in a three-part series that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness. The basic impetus for this historical, medical, and legal project is a belief that there exists no rational or consistent method of distinguishing physical and mental illness in the context of health insurance law. The first installment in this series narrowly inquired as to whether a particular set of disorders, the postpartum mood disorders, are or should be classified as physical or mental illnesses in a range of health law contexts. This second …
Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Faculty Articles
In this Article, I provide additional support for my recent proposal (All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Harvard Journal on Legislation, Vol. 49, forthcoming 2012.) to extend federal mental health parity law and mandatory mental health and substance use disorder benefits to all public healthcare program beneficiaries and private health plan members. I begin by examining health-related doctrine outside the context of mental health insurance law, including disability discrimination law, civil rights and human rights law, health information confidentiality law, healthcare reform law, and child and adult health and welfare law, and …
Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton
Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton
Faculty Scholarship
This Article explores the guardian’s role in making, or assisting the ward to make, health care decisions, and provides an overview of existing standards and tools that offer guidance in this area. Part II outlines briefly the legal decisions and statutory developments assuring patient autonomy in medical treatment, and shows how these legal texts apply to and structure the guardian’s role as health care decision-maker. Part III examines the range of legal and practical approaches to such matters as decision-making standards, determining the ward’s likely treatment preferences, and resolving conflicts between guardians and health care agents appointed by the ward. …
A Graceful Exit: Redefining Terminal To Expand The Availability Of Physician-Facilitated Suicide, Browne C. Lewis
A Graceful Exit: Redefining Terminal To Expand The Availability Of Physician-Facilitated Suicide, Browne C. Lewis
Law Faculty Articles and Essays
For almost ten years, Oregon stood alone as the state that permits terminally ill persons to choose the time and manner of their deaths. Finally, in 2009, Oregon received company when the state of Washington’s physician facilitated suicide statute officially went into effect in March of that year. Supporters of the statutes hailed the enactments as a victory for persons seeking to die with dignity. Persons from groups like Compassion & Choices vowed to seek similar legislation in the remaining states. Representatives from the Washington State Medical Association, hospice groups and hospitals argued that the mandates of the statutes place …
Bridging The Great Divide—A Response To Linda Greenhouse And Reva B. Siegel's "Before (And After) Roe V. Wade: New Questions About Backlash", Lolita Buckner Inniss
Bridging The Great Divide—A Response To Linda Greenhouse And Reva B. Siegel's "Before (And After) Roe V. Wade: New Questions About Backlash", Lolita Buckner Inniss
Law Faculty Articles and Essays
This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I suggest that an additional, more encompassing inquiry focuses on what factors are implicated in the politics of abortion and how these factors relate to larger social, political, and cultural conflicts both before and after Roe. By naming party politics and the Catholic Church, Greenhouse and Siegel posit two crucial elements that shaped the abortion debate. I assert, however, that what is not discussed in their Article is the way numerous other factors have figured into the …
Rights To Health Care In The United States: Inherently Unstable, David Orentlicher
Rights To Health Care In The United States: Inherently Unstable, David Orentlicher
Scholarly Works
No abstract provided.
Toward Acceptance Of Uterus Transplants, David Orentlicher
Toward Acceptance Of Uterus Transplants, David Orentlicher
Scholarly Works
No abstract provided.
Insights From A National Conference: "Conflicts Of Interest In The Practice Of Medicine", David Orentlicher
Insights From A National Conference: "Conflicts Of Interest In The Practice Of Medicine", David Orentlicher
Scholarly Works
No abstract provided.
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
Scholarly Works
This Article is the second, and most important, installment in a three-part series that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness. The basic impetus for this historical, medical, and legal project is a belief that there exists no rational or consistent method of distinguishing physical and mental illness in the context of health insurance law. The first installment in this series narrowly inquired as to whether a particular set of disorders, the postpartum mood disorders, are or should be classified as physical or mental illnesses in a range of health law contexts.* This second …
Reforming State Mental Health Parity Law, Stacey A. Tovino
Reforming State Mental Health Parity Law, Stacey A. Tovino
Faculty Articles
This Article is the final installment in a three-part project that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness in the context of health insurance. The first installment in this series narrowly inquired as to whether the postpartum mood disorders should be classified as physical or mental illnesses in a range of health law contexts, including the context of health insurance. The second installment was broader in scope and challenged a number of federal provisions that allow publicly- and privately-funded health care programs and plans to provide mental health insurance benefits that are less comprehensive …
Barefoot And Pregnant: How The Patient Protection Affordable Care Act Will Leave Young Mothers To Fend For Themselves, Tyler Hanson
Barefoot And Pregnant: How The Patient Protection Affordable Care Act Will Leave Young Mothers To Fend For Themselves, Tyler Hanson
Public Interest Law Reporter
No abstract provided.
Madness In The Hole: Solitary Confinement And Mental Health Of Prison Inmates, Emily Coffey
Madness In The Hole: Solitary Confinement And Mental Health Of Prison Inmates, Emily Coffey
Public Interest Law Reporter
No abstract provided.
A Proposal For Comprehensive And Specific Essential Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
A Proposal For Comprehensive And Specific Essential Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Faculty Articles
This Article analyzes the initial efforts of the Federal Department of Health and Human Services to implement the essential mental health and substance use disorder services benefit required by section 1302(b)(1)(E) of the Affordable Care Act and proposes the adoption of a comprehensive and specific essential mental health and substance use disorder benefit set. At a minimum, the benefit set should cover medically necessary and evidence-based inpatient and outpatient mental healthcare services, inpatient substance abuse detoxification services, inpatient and outpatient substance abuse rehabilitation services, emergency mental healthcare services, prescription drugs for mental health conditions, participation in psychiatric disease management programs, …
A Case Of Conflict Of Cultures: End-Of-Life Decision Making Among Asian Americans, Pat K. Chew
A Case Of Conflict Of Cultures: End-Of-Life Decision Making Among Asian Americans, Pat K. Chew
Cardozo Journal of Conflict Resolution
This essay presents a case example of a conflict between two cultures. One culture is the U.S. mainstream culture, as illustrated in a federal statute, the Patient Self-Determination Act. This statute provides legal guidelines for health care providers dealing with individuals' end-of-life decision making. Lawyers and health care providers refer to these guidelines in their counseling and treatments, apparently assuming that these guidelines are in the best interest of those they serve. The other culture is Asian American culture and its approach to end-of-life decision making. As this essay will discuss, Asian Americans have strong and long-established beliefs, values, and …
"The Life Of The Flesh Is In The Blood": State Storage And Usage Of Baby's Blood Sample, Jaclyn S. D'Arminio
"The Life Of The Flesh Is In The Blood": State Storage And Usage Of Baby's Blood Sample, Jaclyn S. D'Arminio
Cardozo Journal of Equal Rights & Social Justice
The note highlights the ethical, legal, and policy challenges surrounding Newborn Screening (NBS) programs, particularly the storage and use of newborn bloodspots. It argues that while these programs provide crucial health benefits, the lack of informed consent regarding the retention and use of bloodspots raises significant privacy concerns. The central argument is that balancing public health benefits with individual privacy rights requires robust informed consent frameworks to maintain trust and ensure scientific progress.
Breaking The Cycle Of “Unequal Treatment” With Health Care Reform: Acknowledging And Addressing The Continuation Of Racial Bias, Ruqaiijah A. Yearby
Breaking The Cycle Of “Unequal Treatment” With Health Care Reform: Acknowledging And Addressing The Continuation Of Racial Bias, Ruqaiijah A. Yearby
All Faculty Scholarship
Since the Civil War access to health care in the United States has been racially unequal. This racially unequal access to health care remains even after the passage of Title VI of the Civil Rights Act of 1964 (“Title VI”) and the election of an African-American President. Both of these events held the promise of equality, yet the promise has never been fulfilled. Now, many hail the passage of the Patient Protection and Affordable Health Care Act (“ACA”) as the biggest governmental step in equalizing access to health care because it has the potential to increase minority access to health …