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Articles 151 - 180 of 183
Full-Text Articles in Medical Jurisprudence
Regulating Risk In A Managed Care Environment: Theory Vs. Practice, The Minnesota Experience, Barbara Colombo, Robert P. Webber
Regulating Risk In A Managed Care Environment: Theory Vs. Practice, The Minnesota Experience, Barbara Colombo, Robert P. Webber
Faculty Scholarship
The purpose of this Article is to illustrate the challenges state regulators face when attempting to translate theory into practice in the context of health care risk regulation. Section I reviews the evolution of the risk-bearing market in health care, recognizing that while risk is an inherent part of everyday life, it takes on a delicate meaning when used in the context of health care. Cost and demographic data will be discussed to provide a compelling rationale for the ongoing forceful movement toward cost containment strategies embodied in managed care strategies, as well as the need to develop the next …
Reconceiving Privacy: Relationships And Reproductive Technology, Radhika Rao
Reconceiving Privacy: Relationships And Reproductive Technology, Radhika Rao
Faculty Scholarship
No abstract provided.
Human Cloning: A Choice Or An Echo, George J. Annas
Human Cloning: A Choice Or An Echo, George J. Annas
Faculty Scholarship
The chant is "cloning, cloning, cloning"; but the echo is "choice, choice, choice." From all the hoopla about human cloning as a human choice it would seem that cloning must be the most important scientific issue of our age. My intent in this Commentary is not to join this chorus, but to take advantage of cloning's high visibility to explore the nature of the choice it offers. What is it that makes human cloning at once so appealing to a few and so repulsive to most? The answer, I think, can be found in Roman mythology: Cloning recalls Ovid's myth …
Judicial Opinions Involving Health Insurance Coverage: Trompe L'Oeil Or Window On The World?, William M. Sage
Judicial Opinions Involving Health Insurance Coverage: Trompe L'Oeil Or Window On The World?, William M. Sage
Faculty Scholarship
This essay offers a few thoughts about using judicial decisions as the dataset for research into health insurance coverage. Part I offers a general overview of insurance coverage law. Part II considers why students of health insurance coverage gravitate toward studying published opinions. Part III then discusses what is wrong with the approach, and suggests alternatives. Finally, Part IV turns to what may be right with the approach, concluding that judicial opinions in coverage litigation may reveal the functionality (or dysfunctionality) of the coverage process in managed care. Although the basic critique which the essay presents applies to areas other …
Physician Assisted Suicide And The Supreme Court: Putting The Constitutional Claim To Rest, Wendy K. Mariner
Physician Assisted Suicide And The Supreme Court: Putting The Constitutional Claim To Rest, Wendy K. Mariner
Faculty Scholarship
Like the debate about many controversial questions of ethics and medical care in America, public debate about physician assisted suicide became focused on questions of constitutional law. On June 26, 1997, the United States Supreme Court unanimously rejected any constitutional right of terminally ill patients to physician assisted suicide. An analysis of the Court's reasoning reveals that its decisions resolved only a narrow constitutional question that affects relatively few people--mentally competent, terminally ill patients who wish to hasten their imminent deaths by having a physician prescribe medication that they intend to use to commit suicide. Although suicide is not a …
Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen
Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen
Faculty Scholarship
This Article addresses physician-assisted suicide and the medical treatment of pain and suffering. Part II discusses various medical misconceptions about the treatment of pain and how modern medicine fails to fulfill this aspect of its palliative care role. Part III reviews how the law currently circumscribes the patient and doctor's ability to make medical decisions when the patient is terminally ill. As will be shown, the law is clearer and more respectful of good medical practice than most medical practitioners currently believe. Moreover, this section will also establish that, while several competing philosophical positions surrounding physician-assisted suicide exist, these same …
Constitutional Aspects Of Physician-Assisted Suicide After Lee V. Oregon, Simon Canick
Constitutional Aspects Of Physician-Assisted Suicide After Lee V. Oregon, Simon Canick
Faculty Scholarship
On November 8, 1994, Oregon voters narrowly passed the highly controversial Death with Dignity Act (Measure 16), which marked the first time that physician-assisted suicide was explicitly legalized anywhere in the world. In Lee v. Oregon, a group of physicians, several terminally ill persons, a residential care facility, and individual operators of residential care facilities sought to enjoin enforcement of the new law, claiming various constitutional infirmities. The U.S. District Court for the District of Oregon enjoined enforcement of the law, acknowledging that it raised important constitutional issues including possible violations of the Equal Protection and Due Process Clauses of …
Terminal Decisions: Landmark Cases In The Path Toward Ethical End-Of-Life Care, Phebe Saunders Haugen
Terminal Decisions: Landmark Cases In The Path Toward Ethical End-Of-Life Care, Phebe Saunders Haugen
Faculty Scholarship
This brief article discusses the history of end-of-life care from a legal perspective. The article highlights important cases in Minnesota.
Assisted Reproductive Technology And The Threat To The Traditional Family, Radhika Rao
Assisted Reproductive Technology And The Threat To The Traditional Family, Radhika Rao
Faculty Scholarship
No abstract provided.
The Right To Die In America: Sloganeering From Quinlan And Cruzan To Quill And Kevorkian, George J. Annas
The Right To Die In America: Sloganeering From Quinlan And Cruzan To Quill And Kevorkian, George J. Annas
Faculty Scholarship
The topic of my talk is different from those you have been dealing with in this conference in one critical aspect-it's one that all of us are going to confront-we're all going to die. And death is not a subject anyone can escape because it has both professional implications-what the law should be, how we should decide disputes when they arise, and practical ones-how we should order our own lives, and what we should do to try to make our death easier if not on ourselves, at least on our loved ones.
Facilitating Choice: Judging The Physician's Role In Abortion And Suicide, George J. Annas
Facilitating Choice: Judging The Physician's Role In Abortion And Suicide, George J. Annas
Faculty Scholarship
When I was invited to give this talk I thought, "I'll just give my standard slide show on death in America." I thought I would just talk about the right to die, something I can do in my sleep, and everybody would be happy. And you probably would, since it's a pretty good speech. I am going to give it at a Pennsylvania Judges Conference in a couple of weeks, and they will like it. But it is not very challenging, either for me or for you. So, what I want to explore with you today is how judges have …
Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas, Michael A. Grodin
Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas, Michael A. Grodin
Faculty Scholarship
1996 marks the fiftieth anniversary of the commencement of the trial of Nazi physicians at Nuremberg, a trial that has been variously designated as the "Doctors' Trial" and the "Medical Case." In addition to documenting atrocities committed by physicians and scientists during WWII, the most significant contribution of the trial has come to be known as the "Nuremberg Code," a judicial codification of 10 prerequisites for the moral and legal use of human beings in experiments. Anniversaries provide us with an opportunity to reflect upon the past, but they also ena ble us to renew our efforts to plan for …
Aids Phobia, Public Health Warnings, And Lawsuits: Deterring Harm Or Rewarding Ignorance?, Wendy K. Mariner
Aids Phobia, Public Health Warnings, And Lawsuits: Deterring Harm Or Rewarding Ignorance?, Wendy K. Mariner
Faculty Scholarship
Courts in more than a dozen states have decided cases in which a person has claimed money damages for his or her fear of getting acquired immunodeficiency syndrome (AIDS). Although most courts have rejected such claims in the absence of actual exposure to the human immunodeficiency virus (HIV), their reasoning has varied slightly from state to state. This article argues that negligence law should not permit people who are HIV negative to recover damages for an unfounded fear of AIDS. Public health statements intended to educate the public about preventing HIV transmission may have encouraged some fear-of-AIDS lawsuits against health …
Patients' Rights After Health Care Reform: Who Decides What Is Medically Necessary?, Wendy K. Mariner
Patients' Rights After Health Care Reform: Who Decides What Is Medically Necessary?, Wendy K. Mariner
Faculty Scholarship
President Clinton's Health Security Act entitles individuals not to unlimited health care, but to a package of defined insurance benefits with specific exclusions and limitations. Like virtually all reform proposals, it would limit covered benefits to services that are medically necessary. If health reform is to control costs, not all medically necessary care can be covered. In the absence of a generally accepted definition of medical necessity, many services will not be guaranteed to all patients unless they are explicitly covered in the federal legislation or regulations. Without a federal definition of medical necessity or regulations listing covered services, health …
An Antidote To Anecdotes, Neil Vidmar
An Antidote To Anecdotes, Neil Vidmar
Faculty Scholarship
Reviewing, Frank A. Sloan, et al., Suing for Medical Malpractice (1993)
"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski
"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen
Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Risky Business: Setting Public Health Policy For Hiv-Infected Health Care Professionals, Leonard H. Glantz, Wendy K. Mariner, George J. Annas
Risky Business: Setting Public Health Policy For Hiv-Infected Health Care Professionals, Leonard H. Glantz, Wendy K. Mariner, George J. Annas
Faculty Scholarship
An analysis of the restrictive proposals provoked by the case of Kimberly Bergalis and four other patients apparently infected with HIV during the course of dental treatment reveals that they resulted from an inability to evaluate appropriately the infinitesimal risk of HIV transmission from practitioner to patient. The proposals also resulted from an effort to create risk prevention policy without appreciating the distinction between regulating things or procedures, which have no human rights, and regulating people, who have rights that should not be infringed without serious justification. This analysis demonstrates that the proposed restrictive policies are not justified because they …
Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas
Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas
Faculty Scholarship
In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.2 …
Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen
Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen
Faculty Scholarship
A surrogate decision maker may conclude that efforts to mechanically provide liquid nourishment would cause considerable suffering in return for little gain. But such a decision is unquestionably one that can produce great conflict for families and for medical caregivers. Assessment must be made of each patient's situation and of the benefits and burdens that will result if tube feeding is withheld or withdrawn. It may well be, however, that in some cases, the most humane and compassionate treatment for a patient is the withdrawal of all technological interventions, including those that supply nourishment.
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Faculty Scholarship
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
Informed Decision-Making And The Law Of Torts: The Myth Of Justiciable Causation, Neil B. Cohen, Aaron D. Twerski
Informed Decision-Making And The Law Of Torts: The Myth Of Justiciable Causation, Neil B. Cohen, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus
Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus
Faculty Scholarship
This article examines in detail an example of legislation that redefines the scope of permissible public health intervention and provides procedural protections compatible with modern precedent—the Minnesota Health Threat Procedures Act. This Act is an appropriate subject for close study because it is intended to be responsive to the general concerns raised by the commentators: the narrowing redefinition of the scope of coercive public health intervention and the addition of suitable procedural protections. Coercive public health legislation merits close attention because it inevitably invokes a clash of three important values. The purpose of the legislation is the protection of the …
Death And The Magic Machine: Informed Consent To The Artificial Heart, George J. Annas
Death And The Magic Machine: Informed Consent To The Artificial Heart, George J. Annas
Faculty Scholarship
Jay Katz introduces his remarkable and insightful book, The Silent World of Doctor and Patient, by recounting a portion of Solzhenitsyn's Cancer Ward. He describes an encounter between a patient, Oleg Kostoglotov, and his doctor, Dr. Ludmilla Afanasyevna. The doctor wanted to use experimental hormone treatment, but the patient refused. Katz argues that what made conversation impossible between them was the patient's undisclosed intention of leaving the hospital to treat himself with "a secret medicine, a mandrake root from Issyk Kul." He could not trust the doctor with this information because the doctor would make the decision for the patient …
An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain
An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain
Faculty Scholarship
No abstract provided.
Baby Doe Cases: Compromise And Moral Dilemma, Phoebe A. Haddon
Baby Doe Cases: Compromise And Moral Dilemma, Phoebe A. Haddon
Faculty Scholarship
No abstract provided.
Doctors On Trial: Steve Biko, Medical Ethics, And The Courts, Lawrence G. Baxter
Doctors On Trial: Steve Biko, Medical Ethics, And The Courts, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Law And Medicine: Myths And Realities In The Medical School Classroom, George J. Annas
Law And Medicine: Myths And Realities In The Medical School Classroom, George J. Annas
Faculty Scholarship
The goal of legal education in a nutshell is to get the student to "think like a lawyer." The goal of medicolegal courses in medical schools, on the other hand, has often seemed to be to get the medical student to think bad things about lawyers. While the total solution to the legendary distrust between these two professions may not be an understanding of methodology, this article will suggest that one way to increase cooperation between the professions is to teach law in medical schools in a way that emphasizes methods of approaching problems and which seeks to dispel the …
Psychosurgery: The Law's Response, George J. Annas, Leonard H. Glantz
Psychosurgery: The Law's Response, George J. Annas, Leonard H. Glantz
Faculty Scholarship
Participants in the psychosurgery controversy generally espouse one of three competing points of view. First, there are the surgeons who argue that psychosurgical procedures have developed beyond the experimental stage to the point where they may be considered therapeutic for certain types of patients. Second, there are those who support further research in the area in the hope of developing genuinely therapeutic procedures, but who recognize the importance of safeguarding against potential abuses in the course of this development. Finally, there are the anti-psychosurgeons, who argue for the total prohibition of psychosurgery on ethical, spiritual, or political grounds independent of …
Contractual Aspects Of Malpractice, Kevin H. Tierney
Contractual Aspects Of Malpractice, Kevin H. Tierney
Faculty Scholarship
No abstract provided.