9780314251923

Health Law : Cases, Materials and Problems

by
  • ISBN13:

    9780314251923

  • ISBN10:

    0314251928

  • Edition: 4th
  • Format: Hardcover
  • Copyright: 2001-06-01
  • Publisher: West Group

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Table of Contents

Preface v
Acknowledgments ix
Table of Cases
xxxv
Defining, Evaluating and Distributing Health Care: An Introduction
1(91)
Defining Sickness
1(16)
Quality in Health Care
17(12)
The Problem of Medical Error
29(36)
Distributive Justice and the Allocation of Health Care Resources---The Example of Human Organ Transplantation
65(27)
PART I. PROMOTING QUALITY
Quality Control Regulation: Licensing of Health Care Professionals
92(34)
Discipline
93(10)
Alternative And Complementary Medicine
103(5)
Unlicensed Providers
108(9)
Scope Of Practice Regulation
117(9)
Quality Control Regulation of Health Care Institutions
126(34)
Introduction
126(2)
Regulatory Systems
128(27)
Private Accreditation Of Health Care Facilities
155(5)
Liability of Health Care Professionals
160(111)
The Standard of Care
160(36)
Judicial Risk---Benefit Balancing
196(6)
Other Theories
202(20)
Defenses to a Malpractice Suit
222(27)
Causation Problems: Delayed, Uncertain, Or Shared Responsibility
249(5)
Damage Innovations
254(17)
The Professional-Patient Relationship
271(144)
The Contract Between Patient and Physician
272(22)
Confidentiality and Disclosure in the Physician-Patient Relationship
294(52)
Informed Consent: The Physician's Obligation
346(66)
Informed Consent: The Institution's Obligation
412(3)
Liability of Health Care Institutions
415(57)
From Immunity to Vicarious Liability
416(18)
Hospital Direct Liability
434(38)
PART II. ACCESS AND COST CONTROL
Health Care Cost and Access: The Policy Context
472(33)
The Problems
472(13)
Approaches to Health Care Reform
485(20)
Private Health Insurance and Managed Care: State Regulation and Liability
505(96)
Insurance and Managed Care: Some Basic Concepts
505(10)
Contract Liability of Private Insurers and Managed Care Organizations
515(5)
Tort Liability of Managed Care
520(50)
Regulation of Private Health Insurance Under State Law
570(27)
Perspectives on Managed Care Regulation
597(4)
Regulation of Insurance and Managed Care: The Federal Role
601(79)
Introduction
601(1)
The Employee Retirement Income Security Act of 1974 (ERISA)
601(58)
Federal Initiatives to Expand Private Insurance Coverage: The Health Insurance Portability and Accountability Act of 1996, the Consolidated Omnibus Reconciliation Act of 1995 and the Americans With Disabilities Act
659(21)
Public Health Care Programs: Medicare and Medicaid
680(71)
Introduction
680(3)
Medicare
683(44)
Medicaid
727(21)
The State Children's Health Insurance Program (Schip)
748(3)
Access to Health Care: The Obligation to Provide Care
751(43)
Physicians' Duty to Treat
752(18)
Hospitals' Duty to Provide Treatment
770(24)
PART III. ORGANIZING THE HEALTH CARE ENTERPRIZE
Professional Relationships in Health Care Enterprises
794(47)
Staff Privileges and Hospital-Physician Contracts
795(14)
Managed Care Contracts For Professional Services
809(6)
Labor and Employment
815(18)
Discrimination Law
833(8)
The Structure of the Health Care Enterprise
841(102)
Introduction: Where's Waldo?---Part I
841(1)
Forms of Business Enterprises and Their Legal Consequences
842(31)
Integration And New Organizational Structures: Where's Waldo---Part II
873(13)
Tax-Exempt Health Care Organizations
886(57)
Fraud and Abuse
943(64)
False Claims
943(23)
Medicare and Medicaid Fraud and Abuse
966(27)
Stark I & II: A Transactional Approach To Self-Referrals
993(9)
State Statutes and Alternative Approaches to Referrals and Fee Splitting
1002(5)
Antitrust
1007(108)
Cartels and Professionalism
1012(41)
Health Care Enterprises, Integration and Financing
1053(62)
PART IV. BIOETHICS
Human Reproduction and Birth
1115(137)
When Does Human Life Become a ``person''?
1116(14)
Medical Intervention In Reproduction
1130(106)
Fetal Maternal Decisionmaking
1236(16)
Legal, Social and Ethical Issues in Human Genetics
1252(28)
Introduction
1252(3)
Legal Responses to Privacy, Confidentiality, Consent and Discrimination
1255(20)
Genetic Screening
1275(5)
Defining Death
1280(24)
Introduction
1281(1)
The Development of the ``Brain Death'' Definition
1282(9)
The ``Dead Donor'' Rule and Expanding Classes of Organ Donors---Anencephalic Infants and ``non-Heart Beating'' Donors
1291(11)
Religious and Other Objections to Definitions of Death: Letting the Patient Decide Which Definition to Use
1302(2)
Life and Death Decisions
1304(156)
Principles of Autonomy and Beneficence
1304(5)
The United States Constitution and the ``Right To Die''
1309(13)
The ``Right to Die''---Patients With Decisional Capacity
1322(18)
The ``Right to Die''---Patients Without Decisional Capacity
1340(68)
The ``Right to Die''---Children and Newborns
1408(14)
Criminal & Civil Liability in ``Right to Die'' Cases
1422(2)
Physician Assisted Death
1424(36)
Interdisciplinary Decisionmaking in Health Care: Regulation of Research Involving Human Subjects, Ethics Committees, And Advisory Committees
1460(41)
Regulation of Research Upon Human Subjects
1462(28)
Institutional Ethics Committees
1490(7)
National and State Commissions
1497(4)
Index 1501

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