{"title":"Informed consent and the scope of a physician's duty of disclosure.","authors":"Laurel R Hanson","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79730,"journal":{"name":"Specialty law digest. Health care law","volume":" 285","pages":"9-34"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22291211","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":"Religious identity and the health care market: mergers and acquisitions involving religiously affiliated providers.","authors":"Donald H J Hermann","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79730,"journal":{"name":"Specialty law digest. Health care law","volume":" 284","pages":"9-46"},"PeriodicalIF":0.0,"publicationDate":"2002-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22203954","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":"Grandfathering can seriously damage your wealth: due diligence in mergers and acquisitions of medical device companies.","authors":"William M Brown","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79730,"journal":{"name":"Specialty law digest. Health care law","volume":" 283","pages":"9-42"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22177332","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}
A child is seriously ill. She will not live much longer if steps are not promptly taken. However, her parents' HMO has denied approval for the treatment that she needs. According to her doctor, the treatment has a good chance of helping. It could extend her life by months or even years. The treatment is, however, expensive, more than her parents can pay. Also, the initial cost is just the beginning. As long as the child lives she will need expensive care. It is a burden that the HMO does not want to take. So, a few days from now--maybe less--she will lapse into unconsciousness and, soon after, she will pass away. Her parents ponder this and think: "We've paid premiums to that HMO for years. If she dies now, because of this denial, somebody ought to pay; the law should make somebody pay for letting our daughter die."
{"title":"Criminal prosecution for HMO treatment denial.","authors":"John A Humbach","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>A child is seriously ill. She will not live much longer if steps are not promptly taken. However, her parents' HMO has denied approval for the treatment that she needs. According to her doctor, the treatment has a good chance of helping. It could extend her life by months or even years. The treatment is, however, expensive, more than her parents can pay. Also, the initial cost is just the beginning. As long as the child lives she will need expensive care. It is a burden that the HMO does not want to take. So, a few days from now--maybe less--she will lapse into unconsciousness and, soon after, she will pass away. Her parents ponder this and think: \"We've paid premiums to that HMO for years. If she dies now, because of this denial, somebody ought to pay; the law should make somebody pay for letting our daughter die.\"</p>","PeriodicalId":79730,"journal":{"name":"Specialty law digest. Health care law","volume":" 282","pages":"9-49"},"PeriodicalIF":0.0,"publicationDate":"2002-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22115723","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":"Responsive regulation of Internet pharmacy practice.","authors":"David B Brushwood","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79730,"journal":{"name":"Specialty law digest. Health care law","volume":" 281","pages":"9-37"},"PeriodicalIF":0.0,"publicationDate":"2002-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22061576","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":"The changing role of pharmacy practice--a clinical perspective.","authors":"Jannet M Carmichael, Janice A Cichowlas","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79730,"journal":{"name":"Specialty law digest. Health care law","volume":" 280","pages":"9-20"},"PeriodicalIF":0.0,"publicationDate":"2002-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21995358","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":"Regulation of online pharmacies: a case for cooperative federalism.","authors":"Sara E Zeman","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79730,"journal":{"name":"Specialty law digest. Health care law","volume":" 279","pages":"9-41"},"PeriodicalIF":0.0,"publicationDate":"2002-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21982160","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}
A child is seriously ill. She will not live much longer if steps are not promptly taken. However, her parents' HMO has denied approval for the treatment that she needs. According to her doctor, the treatment has a good chance of helping. It could extend her life by months or even years. The treatment is, however, expensive, more than her parents can pay. Also, the initial cost is just the beginning. As long as the child lives she will need expensive care. It is a burden that the HMO does not want to take. So, a few days from now--maybe less--she will lapse into unconsciousness and, soon after, she will pass away. Her parents ponder this and think: "We've paid premiums to that HMO for years. If she dies now, because of this denial, somebody ought to pay; the law should make somebody pay for letting our daughter die."
{"title":"Criminal prosecution for HMO treatment denial.","authors":"J. A. Humbach","doi":"10.2139/SSRN.273434","DOIUrl":"https://doi.org/10.2139/SSRN.273434","url":null,"abstract":"A child is seriously ill. She will not live much longer if steps are not promptly taken. However, her parents' HMO has denied approval for the treatment that she needs. According to her doctor, the treatment has a good chance of helping. It could extend her life by months or even years. The treatment is, however, expensive, more than her parents can pay. Also, the initial cost is just the beginning. As long as the child lives she will need expensive care. It is a burden that the HMO does not want to take. So, a few days from now--maybe less--she will lapse into unconsciousness and, soon after, she will pass away. Her parents ponder this and think: \"We've paid premiums to that HMO for years. If she dies now, because of this denial, somebody ought to pay; the law should make somebody pay for letting our daughter die.\"","PeriodicalId":79730,"journal":{"name":"Specialty law digest. Health care law","volume":"282 1","pages":"9-49"},"PeriodicalIF":0.0,"publicationDate":"2001-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68279384","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}
Imagine that you are a parent who has just filed a negligence suit on behalf ofyour child. Although not a party to the suit, the defense seeks the release of your personal medical, psychiatric, and school records to challenge your child's claims of causation. It is not unreasonable that your initial reaction would be surprise or even shock given that such practices threaten to invade your most intimate and personal information. Yet, these types ofpractices by civil defense teams are becoming widespread as a means to support alternative theories of causation. 1 For example, in Bogues v. 354 E. 21st Street Realty Corp.? Ms. Thomasina Jones, mother of six-year-old Randy Bogues, Jr., found her own health to be the subject of inquiry after she filed suit on behalf of her son for injuries he allegedly suffered from lead poisoning. Privacy considerations strike a deep chord within citizens given that privacy is deemed one of the most sacred and fundamental rights.3 Although the word "privacy" cannot be found in the U.S. Constitution, most people firmly believe that they have an inherent, fundamental right to be left alone. 4 Yet, in areas ranging from abortion to the information highway, courts have defined the scope ofprivacy in non-absolute terms, especially when competing values are at stake. In the context of discovery of nonparty medical records, the preservation of confidentiality has surfaced as a source of national concern. Courts face an
想象一下，你是一位家长，刚刚代表你的孩子提起了一项过失诉讼。虽然不是诉讼当事人，但辩方要求公布你的个人医疗，精神病学和学校记录以挑战你孩子的因果关系主张。鉴于这种做法可能会侵犯你最私密的个人信息，你最初的反应会是惊讶甚至震惊，这并不是不合理的。然而，民防队的这类做法正成为支持其他因果关系理论的一种手段。例如，在Bogues诉354 E. 21st Street Realty Corp.?托马斯娜·琼斯是六岁儿子小兰迪·博格斯(Randy Bogues, Jr.)的母亲。在代表儿子就据称因铅中毒而受伤提起诉讼后，她发现自己的健康状况成了调查的对象。考虑到隐私被认为是最神圣和最基本的权利之一，对隐私的考虑在公民中引起了深刻的共鸣尽管在美国宪法中找不到“隐私”一词，但大多数人都坚信，他们有一项固有的、基本的不受打扰的权利。然而，在从堕胎到信息高速公路等领域，法院以非绝对的方式定义了隐私的范围，尤其是在竞争价值受到威胁的时候。在发现非党派医疗记录的背景下，保密问题已成为引起全国关注的一个问题。法院面临着
{"title":"Casting the discovery net too wide: defense attempts to disclose nonparty medical records in a civil action.","authors":"Danel Michelle Nickels","doi":"10.18060/3462","DOIUrl":"https://doi.org/10.18060/3462","url":null,"abstract":"Imagine that you are a parent who has just filed a negligence suit on behalf ofyour child. Although not a party to the suit, the defense seeks the release of your personal medical, psychiatric, and school records to challenge your child's claims of causation. It is not unreasonable that your initial reaction would be surprise or even shock given that such practices threaten to invade your most intimate and personal information. Yet, these types ofpractices by civil defense teams are becoming widespread as a means to support alternative theories of causation. 1 For example, in Bogues v. 354 E. 21st Street Realty Corp.? Ms. Thomasina Jones, mother of six-year-old Randy Bogues, Jr., found her own health to be the subject of inquiry after she filed suit on behalf of her son for injuries he allegedly suffered from lead poisoning. Privacy considerations strike a deep chord within citizens given that privacy is deemed one of the most sacred and fundamental rights.3 Although the word \"privacy\" cannot be found in the U.S. Constitution, most people firmly believe that they have an inherent, fundamental right to be left alone. 4 Yet, in areas ranging from abortion to the information highway, courts have defined the scope ofprivacy in non-absolute terms, especially when competing values are at stake. In the context of discovery of nonparty medical records, the preservation of confidentiality has surfaced as a source of national concern. Courts face an","PeriodicalId":79730,"journal":{"name":"Specialty law digest. Health care law","volume":"277 1","pages":"9-30"},"PeriodicalIF":0.0,"publicationDate":"2001-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67636220","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":"The continuing search for proper perspective: whose reasonableness should be at issue in a prescription product design defect analysis?","authors":"R L Cupp","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79730,"journal":{"name":"Specialty law digest. Health care law","volume":" 260","pages":"9-33"},"PeriodicalIF":0.0,"publicationDate":"2000-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21969685","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}
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