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Articles 1021 - 1050 of 2912
Full-Text Articles in Medical Jurisprudence
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, Gregory Dolin
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, Gregory Dolin
All Faculty Scholarship
As the recent case of United States v. Lundbeck illustrates, the Federal Trade Commission’s lack of knowledge in medical and pharmacological sciences affects its evaluation of transactions between medical and pharmaceutical companies that involve transfers of rights to manufacture or sell drugs, causing the agency to object to such transactions without solid basis for doing so. This article argues that in order to properly define a pharmaceutical market, one must not just consider the condition that competing drugs are meant to treat, but also take into account whether there are “off-label” drugs that are used to treat a relevant condition, …
Summary Of Zohar V. Zbiegien, 130 Nev. Adv. Op. 74, Scott Lundy
Summary Of Zohar V. Zbiegien, 130 Nev. Adv. Op. 74, Scott Lundy
Nevada Supreme Court Summaries
The Court determined that an expert affidavit attached to a medical malpractice complaint, which otherwise properly supports the allegations of medical malpractice contained in the complaint but does not identify all the defendants by name and refers to them only as staff of the medical facility, may still comply with the requirements of NRS 41A.071 ]“if it is clear that the defendants and the court received sufficient notice of the nature and basis of the medical malpractice claims.” In order to make this determination, courts should read a medical malpractice complaint and the plaintiff’s expert affidavit together.
High Time For Medical Marijuana Or Buzz-Kill?: The Controlled Substances Act And The Sherman Antitrust Act May Cause Florida's Compassionate Medical Cannabis Act To Go Up In Smoke, Thu Pham
Florida A & M University Law Review
Florida is the latest state to jump into the arena of medical marijuana with the passage of SBI030 on June 16, 2014. The law, named The Compassionate Medical Cannabis Act of 2014,' allows low-THC cannabis to be prescribed to patients suffering from cancer or physical medical conditions that chronically produce symptoms of seizures or severe and persistent muscle spasms.
Doctor, Doctor, Mr. M.D.: Dr./Patient Privilege In Mt, Cynthia Ford
Doctor, Doctor, Mr. M.D.: Dr./Patient Privilege In Mt, Cynthia Ford
Faculty Journal Articles & Other Writings
No abstract provided.
Summary Of Leavitt V. Siems, 130 Adv. Nev. Op. 54, Michael Paretti
Summary Of Leavitt V. Siems, 130 Adv. Nev. Op. 54, Michael Paretti
Nevada Supreme Court Summaries
The Court concluded that: (1) expert alternative causation testimony is permissible; (2) ex parte communication, even when improper, only warrants a new trial when prejudice is established; and, (3) an employee’s default may not be used against an employer codefendant contesting liability.
Impaired Physicians And The Scope Of Informed Consent: Balancing Patient Safety With Physician Privacy, Sarah Haston
Impaired Physicians And The Scope Of Informed Consent: Balancing Patient Safety With Physician Privacy, Sarah Haston
Florida State University Law Review
No abstract provided.
Generic Entry Jujitsu: Innovation And Quality In Drug Manufacturing, W. Nicholson Price Ii
Generic Entry Jujitsu: Innovation And Quality In Drug Manufacturing, W. Nicholson Price Ii
IP Theory
The manufacturing side of the pharmaceutical industry has been neglected in innovation theory and policy, with the unfortunate result of stagnant manufacturing techniques driving major problems for the healthcare system. This innovation failure has roots in ineffective intellectual property incentives and high regulatory hurdles to innovative change. Changes in pure regulation or intellectual property incentives have significant potential to help the innovation deficit, but are not the only possibility for change. A relatively minor regulatory change could harness the powerful dynamics of pioneer/generic competition surrounding generic drug market entry. If pioneer firms were permitted to make label claims committing to …
Public Health Regulation: Convergence, Divergence, And Regulatory Tension: An Asian Perspective, Locknie Hsu
Public Health Regulation: Convergence, Divergence, And Regulatory Tension: An Asian Perspective, Locknie Hsu
Research Collection Yong Pung How School Of Law
Regulatory issues relating to public health, including regulation of access to medicines and tobacco control have increasingly been the source of tension in recent trade and investment negotiations, treaties and disputes. The ongoing Trans-Pacific Partnership negotiations, which include a number of developing Asian states, are an example that brings some of these issues to the fore and show a divergence of negotiating views.
The intersection between public health regulation and trade and investment treaties has given some Asian states significant pause for thought; it has further led the international system to a critical need to confront the overlap of legal …
None Of The Laws But One, Neil S. Siegel
None Of The Laws But One, Neil S. Siegel
Faculty Scholarship
This Symposium contribution explores differences in how congressional Republicans responded to Medicare and how they responded to the Patient Protection and Affordable Care Act (ACA). Given the narrowness of the constitutional challenges to the ACA that congressional Republicans promoted and the many federal taxes, expenditures, and regulations that they support, this Article rejects the suggestion that today's Republicans in Congress generally possess a narrow view of the constitutional scope of federal power. The Article instead argues that congressional Republicans then and now-and the two parties in Congress today-fracture less over the constitutional expanse of congressional authority and more over the …
Surrogate's Court, Broome County, In Re Guardian Of Derek, Barry M. Frankenstein
Surrogate's Court, Broome County, In Re Guardian Of Derek, Barry M. Frankenstein
Touro Law Review
No abstract provided.
Building A Better Laboratory: The Federal Role In Promoting Health System Experimentation, Kristin Madison
Building A Better Laboratory: The Federal Role In Promoting Health System Experimentation, Kristin Madison
Pepperdine Law Review
While expanding federal involvement in the health care system, the Patient Protection and Affordable Care Act (ACA) preserves states' roles as policy laboratories and private providers' roles as health care delivery laboratories. State-based and provider-based laboratories suffer from many shortcomings, however, as mechanisms to develop, evaluate, and facilitate diffusion of reforms within the health system. This Article argues that the federal government can take steps to address these shortcomings. It first briefly reviews ACA provisions that promote policy and delivery experimentation. It then suggests that by tying funding to policy outcomes, making use of regulatory variation and regulatory menus, and …
Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino
Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino
University of Richmond Law Review
No abstract provided.
Head Injuries, Student Welfare, And Saving College Football: A Game Plan For The Ncaa, Rodney K. Smith
Head Injuries, Student Welfare, And Saving College Football: A Game Plan For The Ncaa, Rodney K. Smith
Pepperdine Law Review
This article sets forth a challenging but viable game plan for protecting the health and well-being of intercollegiate football players. Acting proactively will help revitalize the NCAA's brand of competitive, student-centered athletics. This article consists of three parts: The Problem of Head Injuries in College Football; Solving the Problem of Head Injuries in College Football; and Conclusion.
Creating A Cultural Analysis Tool For The Implementation Of Ontario's Civil Mental Health Laws, Roby Dhand
Creating A Cultural Analysis Tool For The Implementation Of Ontario's Civil Mental Health Laws, Roby Dhand
PhD Dissertations
The purpose of the study was to develop a Cultural Analysis Tool (CAT). The CAT consists of specific thematic questions that can serve as a cultural and equity analysis instrument for practitioners to use in the implementation of Ontario’s civil mental health laws. The rationale behind creating the CAT is based on research suggesting that ethno-racial people with mental health disabilities experience inequities and differential outcomes while interacting with Ontario’s civil mental health laws. Given the increasing multi-racial population in Ontario, there is a need to develop mechanisms to address these intersecting issues. Other countries that have created evaluative tools …
Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski
Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski
Journal Articles
All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research and …
Failing To Warn In The Context Of Rare Side Effects, Morris Dweck
Failing To Warn In The Context Of Rare Side Effects, Morris Dweck
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Testing The Boundaries Of Family Privacy: The Special Case Of Pediatric Sibling Transplants, Doriane Lambelet Coleman
Testing The Boundaries Of Family Privacy: The Special Case Of Pediatric Sibling Transplants, Doriane Lambelet Coleman
Cardozo Law Review
A six-year-old girl suffers third-degree burns over eighty percent of her body. Her chance of survival with minimal scarring is said to depend on her identical twin sister's availability as an organ source. There are other transplant options - including the parents - but because the twins' skin is "equivalent," a "sibling transplant" is likely to result in a better medical and aesthetic outcome for the burned twin. Her doctor thus proposes to harvest her healthy sister's skin on "her backside from her bra line down to the bottom of her buttocks or possibly her thighs." This procedure would be …
Positive Prognosis For Judges: A Look Into Judge-Directed Negotiations In Medical Malpractice Cases, Kristine Gamboa
Positive Prognosis For Judges: A Look Into Judge-Directed Negotiations In Medical Malpractice Cases, Kristine Gamboa
Pepperdine Dispute Resolution Law Journal
The article examines the effectiveness of the judge-directed negotiation program in the Unified Court System of New York State under the analysis of various medical malpractice lawsuits, which plays a vital role in the legislational reform in the field of medical malpractice. It informs that Douglas McKeon, Judge of the Bronx County Supreme Court had developed the concept of judge-directed negotiations. It overviews the praises and criticisms behind the success of the program.
Ex-Post Right, Ex-Ante Wrong, Ariel Porat
Ex-Post Right, Ex-Ante Wrong, Ariel Porat
Notre Dame Law Review
Should a doctor be held liable under negligence law for harmful treatment she administered to a patient, if the treatment should have been considered negligent at the time it was administered, but is now considered reasonable at the time of trial? Should a manufacturer be held liable for harm caused to a consumer from a product that is considered reasonable, and therefore nondefective, at the time of trial, but that should have been considered unreasonable, and therefore defective, at the time of its distribution? More generally put: Should the law impose liability for ex-post right but ex-ante wrong behaviors? The …
Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton
Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Medical Staff Boot Camp, Rick D. Barton
Medical Staff Boot Camp, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
The Dilemma Of The Aging Physician: Legal And Practical Challenges, Rick D. Barton
The Dilemma Of The Aging Physician: Legal And Practical Challenges, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton, Alma L. Saravia, Scott C. Gardner
Medical Staff Bylaws: Meeting New Medicare Conditions Of Participation And Joint Commission Requirements, Rick D. Barton, Alma L. Saravia, Scott C. Gardner
Center for Health Law Policy and Bioethics
No abstract provided.
Uncle Sam Knows What’S In Your Medicine Cabinet: The Security And Privacy Protection Of Health Records Under The Hitech Act, 30 J. Marshall J. Info. Tech. & Privacy L. 667 (2014), Ranjit Janardhanan
Uncle Sam Knows What’S In Your Medicine Cabinet: The Security And Privacy Protection Of Health Records Under The Hitech Act, 30 J. Marshall J. Info. Tech. & Privacy L. 667 (2014), Ranjit Janardhanan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Uncovering The Silent Victims Of The American Medical Liability System, Joanna Shepherd
Uncovering The Silent Victims Of The American Medical Liability System, Joanna Shepherd
Vanderbilt Law Review
A frequently overlooked problem with the current medical liability system is the vast number of medical errors that go uncompensated. Although studies indicate that 1% of hospital patients are victims of medical negligence, fewer than 2% of these injured patients file claims. In this Article, I explain that many victims of medical malpractice do not file claims because they are unable to find attorneys willing to take their cases. I conducted the first national survey of attorneys to explore medical malpractice victims' access to the civil justice system. The results from the survey indicate that the economic reality of litigation …
Unfinished Business: The Affordable Care Act And The Problem Of Delayed And Denied Erisa Health Care Claim, 47 J. Marshall L. Rev. 887 (2014), Katherine Vukadin
Unfinished Business: The Affordable Care Act And The Problem Of Delayed And Denied Erisa Health Care Claim, 47 J. Marshall L. Rev. 887 (2014), Katherine Vukadin
UIC Law Review
No abstract provided.
Taking Hipaa To School: Why The Privacy Rule Has Eviscerated Ferpa's Privacy Protections, 47 J. Marshall L. Rev. 1047 (2014), Gregory Riggs
Taking Hipaa To School: Why The Privacy Rule Has Eviscerated Ferpa's Privacy Protections, 47 J. Marshall L. Rev. 1047 (2014), Gregory Riggs
UIC Law Review
No abstract provided.
Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce
Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce
UIC Law Review
This Comment advocates the necessity for a statutory nurse practitioner-patient privilege throughout the states.
Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart
Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart
UIC Law Review
No abstract provided.
Missing The Forest For The Trees: Why Supplemental Needs Trusts Should Be Exempt From Medicaid Determinations, Jeffrey R. Grimyser
Missing The Forest For The Trees: Why Supplemental Needs Trusts Should Be Exempt From Medicaid Determinations, Jeffrey R. Grimyser
Chicago-Kent Law Review
Supplemental needs trusts are trusts designed to assist individuals with disabilities by paying for services and items that Medicaid will not pay for. Federal law, however, is unclear as to whether using one of these trusts automatically disqualifies someone from receiving Medicaid, thereby causing the circuit courts to split on their interpretation. Some circuits have held that the Medicaid statute allows states to enact laws prohibiting the use of these trusts while receiving Medicaid benefits based on the federal law’s statutory language. While other circuits have ruled that individuals can simultaneously receive Medicaid benefits and use supplemental needs trusts given …