{"title":"Legal liability for medical innovation.","authors":"R A Epstein","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79729,"journal":{"name":"Specialty law digest. Health care (Monthly)","volume":" 123","pages":"7-27"},"PeriodicalIF":0.0,"publicationDate":"1989-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21163426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Lack of informed consent in medical malpractice and product liability cases: the burden of presenting evidence.","authors":"D E Seidelson","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79729,"journal":{"name":"Specialty law digest. Health care (Monthly)","volume":" 122","pages":"7-37"},"PeriodicalIF":0.0,"publicationDate":"1989-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21163425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Healing angry wounds: the roles of apology and mediation in disputes between physicians and patients.","authors":"A J Kellett","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79729,"journal":{"name":"Specialty law digest. Health care (Monthly)","volume":"10 7","pages":"7-27"},"PeriodicalIF":0.0,"publicationDate":"1989-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21163312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Treating patients with communicable diseases: limiting liability for physicians and safeguarding the public health.","authors":"H A Rosencranz, W G Lavey","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79729,"journal":{"name":"Specialty law digest. Health care (Monthly)","volume":"10 6","pages":"7-33"},"PeriodicalIF":0.0,"publicationDate":"1989-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21161640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Facilitating euthanatic, rational suicide: help me go gentle into that good night.","authors":"S O'Brien","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79729,"journal":{"name":"Specialty law digest. Health care (Monthly)","volume":"10 5","pages":"7-23"},"PeriodicalIF":0.0,"publicationDate":"1989-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21160635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Physicians' liability for injuries to nonpatients.","authors":"W O Morris","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79729,"journal":{"name":"Specialty law digest. Health care (Monthly)","volume":"10 3","pages":"7-19"},"PeriodicalIF":0.0,"publicationDate":"1988-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21160422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The author present a discussion of the expansion of liability for medical malpractice through the erosion of traditional fault concepts. Tensions are noted between this expansion of liability and the increasing emphasis on cost containment in both the public and private sectors. Various approaches to tort reform are surveyed and analyzed with particular attention directed to comprehensive reforms recently adopted in Florida. Increased emphasis on risk management is suggested as a plausible alternative to tort reform. Finally, the employment of contractual solutions is suggested as appropriate in light of the increasingly competitive health care environment.
{"title":"Medical malpractice and the transformation in health care delivery.","authors":"L J Nelson","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The author present a discussion of the expansion of liability for medical malpractice through the erosion of traditional fault concepts. Tensions are noted between this expansion of liability and the increasing emphasis on cost containment in both the public and private sectors. Various approaches to tort reform are surveyed and analyzed with particular attention directed to comprehensive reforms recently adopted in Florida. Increased emphasis on risk management is suggested as a plausible alternative to tort reform. Finally, the employment of contractual solutions is suggested as appropriate in light of the increasingly competitive health care environment.</p>","PeriodicalId":79729,"journal":{"name":"Specialty law digest. Health care (Monthly)","volume":"10 2","pages":"7-50"},"PeriodicalIF":0.0,"publicationDate":"1988-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21160874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mercy Hospital, Inc. v. Jackson: a recurring dilemma for health care providers in the treatment of Jehovah's Witnesses.","authors":"D H Bamberger","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79729,"journal":{"name":"Specialty law digest. Health care (Monthly)","volume":"10 1","pages":"5-23"},"PeriodicalIF":0.0,"publicationDate":"1988-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21156000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Recent changes in the American medical care system, such as new forms of practice used by physicians and hospitals, have presented new and uncertain legal issues. This Article discusses these changes and how older legal doctrines, such as the corporate practice of medicine, have become outdated and are in need of change. Furthermore, efforts to remedy these outmoded legal policies are explored as well as ways for the practicing attorney to avoid the problems they cause.
{"title":"The business of medicine: problems with the corporate practice doctrine.","authors":"A J Rosoff","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Recent changes in the American medical care system, such as new forms of practice used by physicians and hospitals, have presented new and uncertain legal issues. This Article discusses these changes and how older legal doctrines, such as the corporate practice of medicine, have become outdated and are in need of change. Furthermore, efforts to remedy these outmoded legal policies are explored as well as ways for the practicing attorney to avoid the problems they cause.</p>","PeriodicalId":79729,"journal":{"name":"Specialty law digest. Health care (Monthly)","volume":"9 14","pages":"7-25"},"PeriodicalIF":0.0,"publicationDate":"1988-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21155880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The author examines the revolutionary changes currently altering the delivery of health care in America: competition, corporatization, reprivatization, and cost containment. The changes portend a bleak future for elderly citizens, inevitably leading to inequities in access to high quality health care for this uniquely vulnerable group. Focusing on health care financing driven by a DRG system, the author raises ethical, economic nd legal issues which must be addressed by a responsible society. Finally, the author contrasts the traditional legal response to the elderly for protection of their right to equitable access to high quality health care and recommends changes to ensure fuller protection for elderly citizens.
{"title":"Health care delivery and the elderly: teaching old patients new tricks.","authors":"M B Kapp","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The author examines the revolutionary changes currently altering the delivery of health care in America: competition, corporatization, reprivatization, and cost containment. The changes portend a bleak future for elderly citizens, inevitably leading to inequities in access to high quality health care for this uniquely vulnerable group. Focusing on health care financing driven by a DRG system, the author raises ethical, economic nd legal issues which must be addressed by a responsible society. Finally, the author contrasts the traditional legal response to the elderly for protection of their right to equitable access to high quality health care and recommends changes to ensure fuller protection for elderly citizens.</p>","PeriodicalId":79729,"journal":{"name":"Specialty law digest. Health care (Monthly)","volume":"9 13","pages":"7-37"},"PeriodicalIF":0.0,"publicationDate":"1988-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21161718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}