Health Care Law & Ethics 6th Edition / Edition 6

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Overview

HEALTH CARE LAW AND ETHICS, was one of the first casebooks to face the formidable task of providing adequate coverage of the multiple areas where law and medicine intersect.

The Sixth Edition continues that tradition by being well-suited for use in a survey course in health care law or a more focused study of malpractice or bioethics:

  • material is logically organized into three main parts:The Patient and the Provider, The Patient, the Provider, and the State, Institutions, Providers, and the State
  • the crucial issues of quality, ethics, access, and cost are considered throughout the book
  • strong coverage of bioethics provides important contextual background for discussions of the right to die, reproductive rights, organ transplantion
  • the authors address cutting-edge issues, such as genetics and managed care along with such standard topics as confidentiality, medical malpractice, public health law, and health care financing and regulation
  • clear author notes provide context and background information, and smooth the transitions between cases
  • helpful introduction supplies an overview of the health care system to help students navigate this complicated area

Changes for the Sixth Edition heighten classroom effectiveness while keeping pace with rapid developments in the law:

  • new coverage of todays' most urgent issues: oversight of medical research, including genetic research and cloning, HMO liability, Patient Bill of Rights, and new privacy rules and bioterrorism
  • improved and expanded treatment of ERISA preemption
  • reorganized Part Three for greater clarity, in response to user feedback
  • major new cases, including Rush Prudential v. Moran and Pegram v. Herdich (regulation of managed care), Ferguson v. City of Charleston (reporting drug test results to law enforcement) J.B. v. M.B. (disposition of frozen embryos)
  • an authors' website, where a detailed Table of Contents is hyperlinked to the latest updates
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Product Details

  • ISBN-13: 9780735526402
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 3/1/2003
  • Edition description: Sixth Edition
  • Edition number: 6
  • Pages: 1274

Table of Contents

Preface
1 Introduction 1
A Overview Cases 1
B The Nature of Medical Practice 7
C The Health Care Financing and Delivery System 42
D Moral, Economic, and Political Themes 66
2 The Treatment Relationship: Formation and Termination 103
A The Duty to Treat 104
B The Structure of the Treatment Relationship 142
3 The Treatment Relationship: Confidentiality, Consent, and Conflicts of Interest 163
A The Fiduciary Nature of the Treatment Relationship 163
B Confidentiality of Medical Information 165
C Informed Consent 185
4 Medical Malpractice 255
A Medical Mistakes and Quality 257
B Physician Liability 280
C Alternative Theories of Liability 328
D Causation and Affirmative Defenses 372
E Damages and Settlement 401
F Institutional Liability 418
G Medical Malpractice Reform 467
5 The Right and "Duty" to Die 491
A Refusal of Life-Sustaining Treatment 491
B Physician-Assisted Suicide 565
C Futility 591
6 Organ Transplantation: The Control, Use, and Allocation of Body Parts 607
A Organ Donation 609
B Ownership and Control of the Body 625
C Allocation of Organs 646
7 Reproductive Rights and Genetic Technologies 663
A A Right to Procreate? 665
B A Right to Avoid Procreation? 675
C State or Federal Recognition of Fetal Interests 709
D Using Reproductive Technologies to Create New Families 738
8 Public Health Law 783
A Public Health Strategies 784
B The Source and Limit of Authority to Protect Public Health 798
C Regulating the Treatment Relationship 809
D Conclusion 883
9 Health Care Financing and Reform 887
A Sources of Health Insurance 887
B Insurance and HMO Regulation 924
C ERISA Preemption 944
D Health Insurance Coverage 955
E Provider Reimbursement 997
F Health Insurance Reform 1036
10 Regulation of Health Care Facilities and Transactions 1065
A Facility Regulation 1071
B Corporate Form 1087
C Medical Staff Structure 1135
D Antitrust Law 1169
E Referral Fee Laws 1230
Glossary of Organizational Terms and Acronyms 1251
Table of Cases 1255
Index 1265
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