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Articles 2161 - 2190 of 2913
Full-Text Articles in Medical Jurisprudence
Wealth, Equity, And The Unitary Medical Malpractice Standard, John A. Siliciano
Wealth, Equity, And The Unitary Medical Malpractice Standard, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Are We Outlawing Motherhood For Hiv-Infected Women?, Scott H. Isaacman
Are We Outlawing Motherhood For Hiv-Infected Women?, Scott H. Isaacman
Loyola University Chicago Law Journal
No abstract provided.
Lost Chance Of Survival In Illinois: The Need For Guidance From The Illinois Supreme Court, Shelly E. Smith
Lost Chance Of Survival In Illinois: The Need For Guidance From The Illinois Supreme Court, Shelly E. Smith
Loyola University Chicago Law Journal
No abstract provided.
Washington V. Harper: The Supreme Court Defines Procedural Due Process In The Prison, Cathleen R. Martwick
Washington V. Harper: The Supreme Court Defines Procedural Due Process In The Prison, Cathleen R. Martwick
Loyola University Chicago Law Journal
No abstract provided.
Mandatory Disclosure Of Hiv Blood Test Results To The Individuals Tested: A Matter Of Personal Choice Neglected, Michael L. Closen
Mandatory Disclosure Of Hiv Blood Test Results To The Individuals Tested: A Matter Of Personal Choice Neglected, Michael L. Closen
Loyola University Chicago Law Journal
No abstract provided.
Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen
Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen
UIC Law Review
No abstract provided.
Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert
Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert
UIC Law Review
No abstract provided.
Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman
Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman
UIC Law Review
No abstract provided.
Presumed Innocent: Illinois' Rejection Of Market Share Liability In Smith V. Eli Lilly & (And) Company Is Cause In Fact To Celebrate, 24 J. Marshall L. Rev. 869 (1991), Steven Bonanno
UIC Law Review
No abstract provided.
A Legislative Initiative: The Ryan White Comprehensive Aids Resources Emergency Act Of 1990, Raymond C. O'Brien
A Legislative Initiative: The Ryan White Comprehensive Aids Resources Emergency Act Of 1990, Raymond C. O'Brien
Scholarly Articles
No abstract provided.
Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck
Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck
Seattle University Law Review
This Article is necessarily a rather selective (for reasons of brevity and reader tolerance) and even subjective attempt to summarize the experience under PPS to date and to suggest some lessons that might be drawn from that experience for the future reform of PPS itself and of payment systems generally. No attempt will be made here to be comprehensive, to explain all the technical details of an inherently and increasingly complex system, nor even to systematically survey the rapidly growing body of literature. But the few issues and themes that clearly stand out will be the focus of most of …
Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost
Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost
Seattle University Law Review
This Article will first examine the problem of health care cost inflation and the payment strategies the Medicare program has adopted to address that problem. It will then discuss the perverse incentives that these payment strategies create, and the role of the PRO program in addressing harmful provider behavior encouraged by those perverse incentives. The Article examines evidence on whether the PRO program is succeeding or failing in this mission, and suggests possible means of improving the effectiveness of the PRO program in policing cost containment. Specifically, it recommends clarifying and strengthening the deterrent role of the PROs, crafting PRO …
Setting New Jersey Hospital Rates: A Regulatory System Under Stress, Bruce Siegel, M.D., M.P.H., Anne Weiss, M.P.P., Diane Lynch, J.D., M.S.
Setting New Jersey Hospital Rates: A Regulatory System Under Stress, Bruce Siegel, M.D., M.P.H., Anne Weiss, M.P.P., Diane Lynch, J.D., M.S.
Seattle University Law Review
This Article reviews the history of hospital rate setting in New Jersey, emphasizing the system's evolution in response to newly perceived problems and changing political forces. The system experienced some early success in controlling cost growth and demonstrating new techniques of hospital rate setting. In later years, rate setting in New Jersey has been less successful at confronting a new federal role and the growing problem of health care access. The problems faced by New Jersey hold lessons for both the federal government as it pursues cost containment and the other states who either operate rate regulation systems or contemplate …
How Good A Samaritan? Federal Income Tax Exemption For Charitable Hospitals Reconsidered, James B. Simpson, Sarah D. Strum
How Good A Samaritan? Federal Income Tax Exemption For Charitable Hospitals Reconsidered, James B. Simpson, Sarah D. Strum
Seattle University Law Review
Do contemporary charitable hospitals provide a sufficient community benefit to justify the loss of government revenue caused by their tax exemption? Focusing particularly on federal income tax exemption and on the community benefit derived from the provision of services to persons unable to pay, this Article argues that not all hospitals do. Accordingly, the authors recommend that the Internal Revenue Service issue a Revenue Ruling revising the current standards for federal income tax exemption to encourage charitable hospitals to clearly and explicitly identify and respond to health care needs, including the needs of persons unable to pay, in their local …
American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell
American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell
UIC Law Review
No abstract provided.
"Honey, I Froze The Kids": Davis V. Davis And The Legal Status Of Early Embryos, Michael S. Simon
"Honey, I Froze The Kids": Davis V. Davis And The Legal Status Of Early Embryos, Michael S. Simon
Loyola University Chicago Law Journal
No abstract provided.
The Woman's Right To Know: A Model Approach To The Informed Consent Of Abortion, Susan Oliver Renfer, Randal Shaheen, Michael Hegarty
The Woman's Right To Know: A Model Approach To The Informed Consent Of Abortion, Susan Oliver Renfer, Randal Shaheen, Michael Hegarty
Loyola University Chicago Law Journal
No abstract provided.
Where Is The Quality In The Health Care Quality Improvement Act Of 1986?, Thaddeus J. Nodzenski
Where Is The Quality In The Health Care Quality Improvement Act Of 1986?, Thaddeus J. Nodzenski
Loyola University Chicago Law Journal
No abstract provided.
Combatting Aids's Acoustic Shadow: Illinois Addresses The Problems Of Criminal Transfer Of Hiv, Michael Irving Leonard
Combatting Aids's Acoustic Shadow: Illinois Addresses The Problems Of Criminal Transfer Of Hiv, Michael Irving Leonard
Loyola University Chicago Law Journal
No abstract provided.
Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer
Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer
Law Faculty Articles and Essays
When, if ever, may a pregnant woman be compelled to undergo a cesarean section to save the life of a viable, verge-of-birth fetus? Courts and scholars have increasingly addressed the constitutional and ethical problems presented when a woman about to give birth requires a cesarean section to prevent the death of or severe harm to her fetus, and the woman refuses to have the surgery. Nationally, over a five year period, courts have heard twenty-one cases in which a court-ordered cesarean was being sought. Under what circumstances, if any, is it legally and ethically appropriate to compel a woman to …
Private Utilization Review, Marvis J. Oehm
Private Utilization Review, Marvis J. Oehm
Seattle University Law Review
This Article describes the history of private UR and provides illustrations of successes, problems and controversies. The Article concludes with some suggestions and prescriptive advice for those who are likely to encounter UR, either through work with particular clients or directly as part of a private benefit plan.
Final Frontier: Life, Death And Law, Yale Kamisar
Final Frontier: Life, Death And Law, Yale Kamisar
Book Chapters
[T]o call Nancy Cruzan's case a matter of the right to die seems strained, if not contrived. The situation is a tragic one. Cruzan has been in a persistent vegetative state since 1983, when, at the age of 25, she was in a severe car accident. Although she is able to breathe on her own, she receives all her nutrition and fluids through a feeding tube inserted into her stomach. When her parents sought to halt this life support, they were rebuffed, first by officials of the Missouri state hospital where Cruzan is a patient and ultimately by the Missouri …
Suicide, Liberty And Our Imperfect Constitution: An Analysis Of The Legitimacy Of The Supreme Court's Entanglement In Decisions To Terminate Life-Sustaining Medical Treatment, Terrance A. Kline
Campbell Law Review
As the law developed in the states, the Supreme Court of the United States, in its 1990 opinion in Cruzan v. Director, Missouri Department of Health, determined that there exists a right to terminate life-sustaining medical treatment under the United States Constitution. As a result of the decision, new uncertainties have been infused into the state legislative and judicial responses to the issue. After examining the Cruzan decision below, I probe the constitutional legitimacy and the prudence of the Supreme Court's role in decisions relating to the termination of life-sustaining medical treatment. I conclude that the Court in Cruzan, though …
The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels
The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels
Journal of Law and Health
This article will review current law in Ohio regarding the protection of medical records maintained by Ohio health care facilities. The Ohio law of privileged communications between health care professionals and patients also will be traced to show how only communications between patients and their physicians, dentists, psychologists, and social workers are currently protected. Since similar public policy reasons may apply to the protection of communications between a wider range of health care professionals and their patients as those communications with physicians, dentists, psychologists, and social workers, this article will discuss why the public policy reasons supporting the initial adoption …
The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels
The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels
LLM Theses and Essays
Part I of this thesis will describe the regulation of medical devices in the EEC. Before coming to the actual medical device legislation, a description of the legislative system in Europe will be given, to the extent that it is relevant for the Directives on medical devices. After dealing with the history of Directives and their current contents, the status of the Directives and their future prospects will be discussed. Part II will deal with the regulation of medical devices in the United States under the Food Drug & Cosmetic Act as amended by Medical Device Amendments of 1976. First, …
Hospital-Medical Staff Relations In The Face Of Shifting Institutional Business Strategies: A Legal Analysis, John D. Blum
Hospital-Medical Staff Relations In The Face Of Shifting Institutional Business Strategies: A Legal Analysis, John D. Blum
Seattle University Law Review
This Article will explore, from a legal perspective, the dynamics of the changing relationships between hospitals and their medical staffs. Specifically, the Article will discuss hospital strategies for maximizing the efficiency of their medical staff operations. In this regard, the discussion will encompass two general areas: (1) the use of agreements and policies that restrict access to medical staff membership; and, (2) the development of economic criteria to assess physicians for appointment and reappointment to medical staffs. Both of these general areas of discussion entail significant legal issues that have never been extensively explored and hold the potential to reshape …
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
Articles
When I am invited to participate in conferences on the "right to die," I suspect that the organizers of such gatherings expect me to fill what might be called the " 'slippery slope' slot" on the program or, more generally, to articulate the "conservative" position on this controversial matter. These expectations are hardly surprising. The "right to die" is a euphemism for what almost everybody used to call a form of euthanasia-" passive" or "negative" or "indirect" euthanasia-and some thirty years ago, in the course of raising various objections to proposed euthanasia legislation, I advanced the "thin edge of the …
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Articles
TRIAL asked Professor Kamisar questions on legal and ethical issues surrounding the right to die, a subject attracting increasing interest across the country and around the world.
Are Pharmacists Responsible For Physicians' Prescription Errors? Mckee V. American Home Products, 113 Wash. 2d 701, 782 P.2d 1045 (1989), Elizabeth D. Smith
Are Pharmacists Responsible For Physicians' Prescription Errors? Mckee V. American Home Products, 113 Wash. 2d 701, 782 P.2d 1045 (1989), Elizabeth D. Smith
Washington Law Review
In McKee v. American Home Products, the Washington Supreme Court held that pharmacists' duties do not include contacting physicians who make judgment errors when prescribing medication. When physicians make obvious errors, however, juries decide whether pharmacists should contact physicians. This Note examines McKee and proposes that either juries should determine pharmacists' duties in all cases or, alternatively, the legislature should require pharmacists to contact physicians whenever prescriptions as issued could harm patients.