The Globalization of Health Care Legal and Ethical Issues

by Cohen, I. Glenn

• ISBN13: 9780199917907
• ISBN10: 0199917906
• Edition: 1st
• Format: Hardcover
• Copyright: 2013-03-28
• Publisher: Oxford University Press

Summary

The Globalization of Health Care is the first book to offer a comprehensive legal and ethical analysis of the most interesting and broadest reaching development in health care of the last twenty years: its globalization. It ties together the manifestation of this globalization in four related subject areas - medical tourism, medical migration (the physician "brain drain"), telemedicine, and pharmaceutical research and development, and integrates them in a philosophical discussion of issues of justice and equity relating to the globalization of health care. The time for such an examination is right. Medical tourism and telemedicine are growing multi-billion-dollar industries affecting large numbers of patients. The U.S. heavily depends on foreign-trained doctors to staff its health care system, and nearly forty percent of clinical trials are now run in the developing world, with indications of as much of a 10-fold increase in the past 20 years. NGOs across the world are agitating for increased access to necessary pharmaceuticals in the developing world, claiming that better access to medicine would save millions from early death at a relatively low cost. Coming on the heels of the most expansive reform to U.S. health care in fifty years, this book plots the ways in which this globalization will develop as the reform is implemented.

Author Biography

I. Glenn Cohen is an Assistant Professor at Harvard Law School and Co-Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. Professor Cohen is one of the world's leading experts on the intersection of bioethics (sometimes also called "medical ethics") and the law, as well as health law. Professor Cohen has spoken at legal, medical, and industry conferences around the world and his work has been covered on PBS, NPR, ABC, Mother Jones, the New York Times, the Boston Globe, and several other media venues. He frequently contributes Op-Eds in the New York Times and the Washington Post.

Table of Contents

Introduction
Glenn Cohen Patient Mortality In Medical Tourism: Examining News Media Reports Of Deaths Following Travel For Cosmetic Surgery And Bariatric Surgery

Part I: Medical Tourism

For Services Legal in the Patient's Home Country

Chapter One
Leigh Turner Patient Mortality In Medical Tourism: Examining News Media Reports Of Deaths Following Travel For Cosmetic Surgery And Bariatric Surgery

Chapter Two
Thomas R. McLean Jurisdiction 101 For Medical Tourism Purchases Made In Europe

Chapter Three
Valorie A. Crooks Canadian Print News Media Coverage Of Medical Tourism: Examining
Jeremy Snyder Key Themes And Ethical Gaps
Leigh Turner
Krystyna Adams
Rory Johnston
Victoria Casey

Chapter Four
Nathan Cortez Cross-Border Health Care And The Hydraulics Of Health Reform

Chapter Five
Hilko J. Meyer Current Legislation On Cross-Border Healthcare In The European Union

Chapter Six
I. Glenn Cohen Medical Tourism And Global Justice

For Services Illegal or Unapproved in the Patient's Home Country

Chapter Seven
Richard F. Storrow The Proportionality Problem In Cross-Border Reproductive Care

Chapter Eight
Kimberly M. Mutcherson Open Fertility Borders: Defending Access To Cross Border Fertility Care In The United States

Chapter Nine
Hazel Biggs Tourism: A Matter Of Life And Death In The United Kingdom
Caroline Jones

Chapter Ten
Aaron D. Levine The Roles And Responsibilities Of Physicians In Patients' Decisions About
Leslie E. Wolf Unproven Stem Cell Therapies

Chapter Eleven
Vivien Runnels Global Policies And Local Practice In The Ethical Recruitment Of
Corinne Packer Internationally Trained Health Human Resources
Ronald Labonté

Part II: Medical Worker Migration

Chapter Twelve
Nir Eyal Conditioning Medical Scholarships On Long, Future Service: A Defense
Till Bärnighausen

Chapter Thirteen
Allyn L. Taylor A Global Legal Architecture To Address The Challenges Of International
Ibadat S. Dhillon Health Worker Migration: A Case Study Of The Role Of Non-Binding Instruments In
Global Health Governance

Part III: The Globalization of Research and Development

Chapter Fourteen
Trudo Lemmons Clinical Trials Registration And Results Reporting And The Right To Health
Candice Telfer

Chapter Fifteen
Robert Gatter The New Global Framework for Pandemic Influenza Virus and Vaccine Sharing

Chapter Sixteen
Bethany Spielman Offshoring Experiments, Outsourcing Public Health: Corporate Accountability And
State Responsibility For Violating The International Prohibition On Nonconsensual
Human Experimentation

Chapter Seventeen
Cynthia M. Ho Beyond Patents: Global Challenges to Affordable Medicine


Chapter Eighteen
Kevin Outterson Combating Antibiotic Resistance Through The Health Impact Fund
Thomas Pogge
Aidan Hollis

Part IV: Telemedicine

Chapter Nineteen
Gil Siegal Electronic Medical Tourism And The Medical World Wide Web

Chapter Twenty
Deth Sao Legal And Regulatory Barriers To Telemedicine In The United
Amar Gupta States: Public And Private Approaches Toward Health Care Reform
David A. Gantz

Part V: Health Care Globalization, Equity, and Justice

Chapter Twenty-One
Jennifer Prah Ruger Global Health Governance as Shared Health Governance

Chapter Twenty-Two
Daniel S. Goldberg Global Health Care Is Not Global Health: Populations, Inequities, And Law As A
Social Determinant Of Health

Chapter Twenty-Three
Pavlos Eleftheriadis Global Rights and the Sanctity of Life