9780890899076

A Health Law Reader: An Interdisciplinary Approach

by
  • ISBN13:

    9780890899076

  • ISBN10:

    089089907X

  • Edition: 1st
  • Format: Paperback
  • Copyright: 1998-12-01
  • Publisher: CAROLINA ACADEMIC PRESS

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Table of Contents

Preface
Acknowledgments
Bioethics and the Law
Bioethicsp. 5
Ethical Theory and Medical Ethicsp. 6
Bioethics as a Plural Nounp. 14
Principles and other Emerging Paradigms in Bioethicsp. 22
A Critique of Principlismp. 27
The Revival of Casuistryp. 35
The Priesthood of Bioethics and the Return of Casuistryp. 40
Toward a Virtue-Based Normative Ethics for the Health Professionsp. 43
Facing Up to Moral Perils: The Virtue of Care in Bioethicsp. 51
Ethical Practicep. 60
Reproductionp. 73
The Presumptive Primacy of Procreative Libertyp. 74
Race and the New Reproductionp. 86
Assisted Reproductive Technology and the Threat to the Traditional Familyp. 91
The Argument for Unlimited Procreative Liberty: A Feminist Critiquep. 96
The Wisdom of Repugnancep. 105
Market-Inalienabilityp. 114
Medicine and the Liberal Revolutionp. 129
Biology, Culture, and Methodological Social Change: A Pragmatic Approach to Geneticsp. 135
Is Gene Therapy a Form of Eugenics?p. 140
Prenatal Testing and the Quest for the Perfect Childp. 144
Unenumerated Rights: Whether and How Roe Should Be Overruledp. 153
The Wages of Crying Wolf: A Comment on Roe v. Wadep. 162
Abortion and the Sexual Agendap. 169
Neonates and Childrenp. 181
Rights Discourse and Neonatal Euthanasiap. 182
All Babies Should Be Kept Alive As Far As Possiblep. 193
Futilitarianism, Exoticare, and Coerced Altruism: The ADA Meets Its Limitsp. 200
Medical Research and Dependent Peoplep. 215
Understanding Faith: When Religious Parents Decline Conventional Medical Treatment for Their Childrenp. 220
Life, Death, and the Law: Should the Anencephalic Newborn Be Considered a Source for Organ Donation?p. 228
Issues in Adult Health Carep. 239
Informed Consent - Must It Remain a Fairy Tale?p. 241
Informed Consent: The Whole Truth for Patientsp. 250
Rethinking Informed Consentp. 255
Privacy, A Moral Analysisp. 275
Personal Liability Implications of the Duty to Warn Are Hard Pills to Swallow: From Tarasoff to Hutchinson v. Patel and Beyondp. 278
Loss of Confidencep. 287
Health Information Privacyp. 292
The Genetic Revolution and the Physician's Duty of Confidentialityp. 304
The Economics and Ethics of Markets for Human Organsp. 316
The Issue of Fairness in the Allocation of Organsp. 328
Death and Dyingp. 339
Advance Directives for Health Care Matters: Unified Statutes Solve Many Problemsp. 341
The Limits of Advance Directives: A History and Assessment of the Patient Self-Determination Actp. 346
Discarding Substituted Judgment and Best Interests: Toward a Constructive Preference Standard for Dying, Previously Competent Patients without Advance Instructionsp. 350
On Killing Patients with Kindness: An Appeal for Cautionp. 357
Better Off Dead than Disabled? Should Courts Recognize a "Wrongful Living" Cause of Action when Doctors Fail to Honor Patients' Advance Directives?p. 364
Is It Time to Abandon Brain Death?p. 372
The History of Euthanasia Debates in the United States and Britainp. 381
The Legalization of Physician Assisted Suicide: A Very Modest Revolutionp. 388
Assisted Suicide: The Philosophers' Brief Amici Curiae in Support of Respondentsp. 395
Brief for Bioethics Professors Amicus Curiaep. 403
A Philosophical Case against Euthanasiap. 407
Physician Assisted Suicide: A Constitutional Crisis Resolvedp. 412
Health Care Delivery and the Law
The Condition of Health Care Delivery in America: Perspectivesp. 429
In Search of Value: An International Comparison of Cost, Access, and Outcomesp. 430
Heal Yourselves: The Economics of Health Carep. 436
Monitoring Motherhood: Sociocultural and Historical Aspects of Maternal and Child Health in Japanp. 438
Survival after the Age of 80 in the United States, Sweden, France, England, and Japanp. 443
Condition Criticalp. 449
Health Security: The President's Report to the American Peoplep. 453
A Republican Response to Health Carep. 461
The Myth of the Sexist Docp. 466
Homophobia and the Moral Authority of Medicinep. 472
Barriers to the Use of Preventive Health Care Services for Childrenp. 477
The History and Theory of Health Care in Americap. 485
The Social Transformation of American Medicinep. 486
A Brief History of Physician Reimbursement and Physician Participation in the Medicaid Programp. 492
Evolutionary Forces: Changes in For-Profit and Not-For-Profit Health Care Delivery Structures; A Regeneration of Tax Exemption Standardsp. 494
In Sickness and in Health: The Growth of Private Health Insurancep. 498
Elements of the Corporate Transformation of Medicinep. 504
The Idea of Welfare in Political Thoughtp. 507
The Mirage of Social Justice; The Case Against State Medicinep. 514
Utilitarianism as a Public Philosophyp. 519
Double Jeopardy and the Use of QALYs in Health Care Allocationp. 524
The Difference Principle and Fair Equality of Opportunityp. 533
Extending Rawls' Theory to Health Carep. 537
Equality and the Plurality of Goodsp. 541
Insurance Law and Public Policyp. 551
Organizing and Financing Health Carep. 565
Contract Failure in the Market for Health Servicesp. 566
Why the United States Should Adopt a Single-Payer System of Health Care Financep. 582
Health Care Reform: The Policy Contextp. 590
Reforming the Health Care System: The Universal Dilemmap. 597
Hospital Market Structure, Hospital Competition, and Consumer Welfare: What Can the Evidence Tell Us?p. 608
Regulating Efficiency in Health Care through the Antitrust Lawsp. 616
Insurance Regulation of Providers that Bear Riskp. 627
The HMO Backlash - Righteous or Reactionary?p. 639
Tax Policy and Health Care Reform: Rethinking the Tax Treatment of Employer-Sponsored Health Insurancep. 646
Genetic Discrimination and Health Insurance: An Urgent Need for Reformp. 655
The Legal Regulation of Genetic Discrimination: Old Responses to New Technologyp. 659
Medicare and Medicaid: Are they Just Health Care Systems?p. 666
The Paradox of Liberal Intervention: Health Policy and the American Welfare Statep. 673
Please Do No Harmp. 684
Medicaid Physician Participation: Patients, Poverty, and Physician Self-Interestp. 689
Saving Babies: The Efficacy and Cost of Recent Changes in the Medicaid Eligibility of Pregnant Womenp. 697
The Last Article about the Language of ERISA Preemption? A Case Study of the Failure of Textualismp. 704
Let's Admit We Ration Health Care - Then Set Prioritiesp. 713
Quality and Accountability in Health Carep. 717
Oversight of the Quality of Medical Care: Regulation, Management, or the Market?p. 719
Should We Reconsider Licensing Physicians?p. 728
Managed Care and the Morality of the Marketplacep. 732
The Evolution of Physician Credentialing into Managed Care Selective Contractingp. 738
Antitrust Conspiracy Doctrine and the Hospital Enterprisep. 745
Health Care Dollars and Regulatory Sense: The Role of Advanced Practice Nursingp. 752
A Fixed Star in Health Care Reform: The Emerging Paradigm of Holistic Healingp. 756
Surrogate Decisions for Nursing Home Residentsp. 763
Relation Between Negligent Adverse Events and the Outcomes of Medical-Malpractice Litigationp. 767
The Influence of Standard of Care and Severity of Injury on the Resolution of Medical Malpractice Claimsp. 777
Do Doctors Practice Defensive Medicine?p. 780
Enterprise Medical Liability and the Evolution of the American Health Care Systemp. 785
Enterprise Liability and Health Care Reform: Managing Care and Managing Riskp. 796
The Health Care Quadrilemma: An Essay on Technological Change, Insurance, Quality of Care, and Cost Containmentp. 804
The Special Problem of Technologyp. 812
Table of Cross References to Health Law Textbooksp. 821
Table of Contents provided by Blackwell. All Rights Reserved.

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