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Medical Malpractice And Compensation In Poland, Kinga Bączyk-Rozwadowska 2011 Chicago-Kent College of Law

Medical Malpractice And Compensation In Poland, Kinga Bączyk-Rozwadowska

Chicago-Kent Law Review

Civil liability for medical malpractice in Poland can be either contractual or tortious. In practice, provisions of ex delicto liability are applied. Since June 2010, liability insurance is obligatory for all health care providers that render medical services in Poland. Tortious liability may be attributed to a doctor or a hospital when either's faulty acts or omissions result in the damage. A hospital may also have vicarious liability for injuries caused by its doctors and other medical staff. Fault usually consists of negligence, which is defined as failure to work with due care and diligence while treating a patient. Burden …


Treatment Injury In New Zealand, Stephen Todd 2011 Chicago-Kent College of Law

Treatment Injury In New Zealand, Stephen Todd

Chicago-Kent Law Review

The New Zealand accident compensation scheme makes provision for the payment of compensation to the victims of personal injury that is caused by medical treatment, but at the same time it bars actions for damages based upon such injury. This article gives a brief overview of the scheme as a whole and its relation- ship with the common law, and then focuses on the particular provisions governing medical injury. It includes discussion of the extent of the statutory cover, problems of causation, the operation of the medical scheme in practice, costs and funding, and issues of accountability. It ends with …


The Freedom Of Health, Abigail R. Moncrieff 2011 Cleveland State University College of Law

The Freedom Of Health, Abigail R. Moncrieff

Law Faculty Articles and Essays

This Article first draws out the freedom of health from Supreme Court precedent and demonstrates that, like other substantive constitutional rights, the freedom of health is a negative liberty that must be balanced against legitimate and compelling regulatory projects. The Article then applies that understanding of the freedom to evaluate some proposed and actual health care regulations that have made headline news in the last decade. I consider the constitutionality of the phantom death panels, the HlNl vaccine distribution program, the FDA's restrictions on access to experimental drugs, PPACA's obesity and smoking regulations, and, of course, PPACA's individual mandate. Should …


Brand New Law! The Need To Market Health Care Reform, William M. Sage 2011 Texas A&M University School of Law

Brand New Law! The Need To Market Health Care Reform, William M. Sage

Faculty Scholarship

The most serious problem with the Patient Protection and Affordable Care Act (ACA) is not its contents but its packaging. Because it requires significant departures from business as usual in health insurance, health care delivery, and health behavior, the ACA is unlikely to succeed unless Americans feel a shared stake in its success. Unfortunately, the new law has been branded only by its opponents. Neither the Obama administration nor its congressional allies have effectively communicated the law’s key elements to the public. Most surprisingly, the groundbreaking program of near-universal health coverage the ACA creates does not even have a name. …


Rocky Mountain Highs And Lows: Efforts To Improve Health And Reduce Costs In Denver, Michele J. Orza, Jessamyn Taylor 2011 George Washington University

Rocky Mountain Highs And Lows: Efforts To Improve Health And Reduce Costs In Denver, Michele J. Orza, Jessamyn Taylor

National Health Policy Forum

In late May–early June 2011, the Forum sponsored a site visit to Denver, Colorado, to observe innovative efforts to improve the health of Coloradans and reduce the cost of health care. The three-day agenda was designed to convey the breadth and interconnectedness of the efforts underway in Denver and to highlight both successes and challenges. The exploration concentrated on how three themes of national interest are unfolding in Denver: building and sustaining a robust and effective safety net in an evolving health care market; improving the health of people and their communities to prevent and reduce the need for health …


Virginia V. Sebelius - Virginia Supplemental Brief, Commonwealth of Virginia 2011 Santa Clara Law

Virginia V. Sebelius - Virginia Supplemental Brief, Commonwealth Of Virginia

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Virginia V. Sebelius - Supplemental Brief, United States Court of Appeals for the Fourth Circuit 2011 Santa Clara Law

Virginia V. Sebelius - Supplemental Brief, United States Court Of Appeals For The Fourth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Liberty University V. Geithner - Appelants' Supplemental Brief, Liberty University 2011 Santa Clara Law

Liberty University V. Geithner - Appelants' Supplemental Brief, Liberty University

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Thomas More Law Center V. Obama - U.S. Motion To Dismiss Appeal As Moot, Barack Obama 2011 President of the United States

Thomas More Law Center V. Obama - U.S. Motion To Dismiss Appeal As Moot, Barack Obama

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Home, But Not Alone: Evidence-Based Maternal, Infant, And Early Childhood Home Visitation, Eileen Salinsky 2011 George Washington University

Home, But Not Alone: Evidence-Based Maternal, Infant, And Early Childhood Home Visitation, Eileen Salinsky

National Health Policy Forum

Home visitation services for young and expectant families have the potential to improve child and parent outcomes in a broad variety of ways, but the effectiveness of home visits may depend on the nature, frequency, and duration of these services. The Patient Protection and Affordable Care Act of 2010 (PPACA) created a new federal funding stream to promote the development and implementation of evidence-based home visiting programs. This issue brief provides an overview of the newly established Maternal, Infant, and Early Childhood Home Visiting program, describes existing approaches to home visitation, and discusses the implications of federal funding for state …


Florida V. Hhs - States' Reply Brief, State of Florida 2011 Santa Clara Law

Florida V. Hhs - States' Reply Brief, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Florida V. Hhs - States' Reply Brief, State of Florida 2011 Santa Clara Law

Florida V. Hhs - States' Reply Brief, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Virginia V. Sebelius - Order For Supplemental Briefing, United States Court of Appeals for the Fourth Circuit 2011 Santa Clara Law

Virginia V. Sebelius - Order For Supplemental Briefing, United States Court Of Appeals For The Fourth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Liberty University V. Geithner - Order For Supplemental Briefing, United States Court of Appeals for the Fourth Circuit 2011 Santa Clara Law

Liberty University V. Geithner - Order For Supplemental Briefing, United States Court Of Appeals For The Fourth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Florida V. Hhs - Response/Reply Brief For Appellants, United States Department of Health and Human Services 2011 Santa Clara Law

Florida V. Hhs - Response/Reply Brief For Appellants, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Florida V. Hhs - U.S. Reply-Response Brief, United States Department of Health and Human Services 2011 Santa Clara Law

Florida V. Hhs - U.S. Reply-Response Brief, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Seven-Sky V. Holder - Brief Of Appellants, Susan Seven-Sky 2011 Santa Clara Law

Seven-Sky V. Holder - Brief Of Appellants, Susan Seven-Sky

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Conflict Management Education In Medicine: Considerations For Curriculum Designers, Jeffery Kaufman 2011 Southern Illinois University Carbondale

Conflict Management Education In Medicine: Considerations For Curriculum Designers, Jeffery Kaufman

Online Journal for Workforce Education and Development

It is important to address conflict in the medical field for a variety of reasons ranging from reducing turnover to increasing the quality of care received by patients. One way to assist with the management of medical conflict is by teaching resolution techniques to medical personnel. There is an opportunity for conflict management curriculum to address many of the issues facing physicians, administrators, staff and patients, however, it is also necessary for those developing that curriculum to understand the nature of the environment and appropriate conflict management tools to be used in that environment as part of the design process. …


Redefining Child Under The State Children's Health Insurance Program: Capable Of Repetition, Yet Evading Results, Elisabeth H. Sperow 2011 American University Washington College of Law

Redefining Child Under The State Children's Health Insurance Program: Capable Of Repetition, Yet Evading Results, Elisabeth H. Sperow

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Florida V. Hhs - Response Brief For The States, State of Florida 2011 Santa Clara Law

Florida V. Hhs - Response Brief For The States, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.


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