Health Law: Cases,Materials and Problems, Fourth Edition

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This book aims at complete coverage of the new issues in health law as well as the more traditional topics of law and medicine courses. The book covers emerging issues such as cost control, prospective payment, health care antitrust, and federal and state regulation of health care delivery; the difficult legal and ethical issues created by new reproductive possibilities and by the dilemmas of death and dying, and the core topics of professional liability and the ...
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Overview

This book aims at complete coverage of the new issues in health law as well as the more traditional topics of law and medicine courses. The book covers emerging issues such as cost control, prospective payment, health care antitrust, and federal and state regulation of health care delivery; the difficult legal and ethical issues created by new reproductive possibilities and by the dilemmas of death and dying, and the core topics of professional liability and the physician-patient relationship.
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Product Details

  • ISBN-13: 9780314251923
  • Publisher: West Group
  • Publication date: 6/28/2001
  • Series: American Casebook Series
  • Edition description: Older Edition
  • Edition number: 4
  • Pages: 1511
  • Product dimensions: 8.08 (w) x 10.37 (h) x 2.24 (d)

Table of Contents

Preface
Acknowledgments
Table of Cases
Chapter 1 Defining, Evaluating and Distributing Health Care: An Introduction
I. Defining Sickness
II. Quality in Health Care
III. The Problem of Medical Error
IV. Distributive Justice and the Allocation of Health Care Resources - The Example of Human Organ Transplantation
PART I PROMOTING QUALITY
Chapter 2 Quality Control Regulation
I. Licensing of Health Care Professionals
II. Quality Control Regulation of Health Care Institutions
Chapter 3 Liability of Health Care Professionals
I. The Standard of Care
II. Judicial Risk - Benefit Balancing
III. Other Theories
IV. Defenses to a Malpractice Suit
V. Causation Problems: Delayed, Uncertain, or Shared Responsibility
VI. Damage Innovations
Chapter 4 Liability of Health Care Institutions
I. From Immunity to Vicarious Liability
II. Hospital Direct Liability
III. Managed Care Organizations
Chapter 5 Reforming the Tort System for Medical Injuries
I. The Sources of the Malpractice Crisis
II. Responses to the Crisis
III. The Effects of Reform: A Preliminary Assignment
IV. Alternative Approaches to Compensation of Patient Injury
Chapter 6 The Professional-Patient Relationship
I. The Contract Between Patient and Physician
II. Confidentiality and Disclosure in the Physician-Patient Relationship
III. Informed Consent: The Physician's Obligation
PART II ORGANIZING THE HEALTH CARE ENTERPRISE
Chapter 7 Professional Relationships in Health Care Enterprises
I. Staff Privileges and Hospital-Physician Contracts
II. Managed Care Contracts for Professional Services
III. Labor and Employment
IV. Discrimination Law
V. Practice Agreements
Chapter 8 The Structure of the Health Care Enterprise
I. Introduction - Where's Waldo? -- Part I
II. Forms of Business Enterprises and Their Legal Consequences
III. Integration and New Organizational Structures
IV. Tax-Exempt Health Care Organizations
Chapter 9 Regulatory Control of Providers' Financial Relationships
I. False Claims
II. Medicare and Medicaid Fraud and Abuse
III. Stark I & II: A Transactional Approach to Self-Referrals
IV. State Statutes and Alternative Approaches to Referrals and Fee Splitting
Chapter 10 Antitrust
I. Cartels and Professionalism
II. Health Care Enterprises, Integration and Financing
PART III ACCESS AND COST CONTROL
Chapter 11 Health Care Cost and Access: The Policy Context
I. The Problem
II. Approaches to Health Care Reform
Chapter 12 Access to Health Care: The Obligation to Provide Care
Chapter 13 Legal Oversight of Private Health Care Financing
I. Private Health Care Financing: An Overview
II. Regulation of Private Health Insurance Under State Law
III. ERISHA
IV. Federal Initiatives to Expand Private Insurance Coverage, the Health Insurance Portability and Accountability Act of 1996, Cobra, and the ADA
Chapter 14 Public Health Care Programs: Medicare and Medicaid
I. Introduction
II. Medicare
III. Medicaid
PART IV BIOETHICS
Chapter 15 Human Reproduction and Birth
I. When Does Human Life Become a "Person"?
II. Medical Intervention in Reproduction
III. Fetal Maternal Decision making
Chapter 16 Legal, Social and Ethical Issues in Human Genetics
I. Introduction
II. Legal Responses to Privacy, Confidentiality, Consent and Discrimination
Chapter 17 Defining Death
I. Introduction
II. The Development of the "Brain Death" Definition
III. Anencephalic Infants
IV. Religious and Other Objections to Definitions of Death: Letting the Patient Decide Which Definition to Use
Chapter 18 Life and Death Decisions
I. Principles of Autonomy and Beneficence
II. The United States Constitution and the "Right to Die"
III. The "Right to Die" - Patients With Decisional Capacity
IV. The "Right to Die" - Patients Without Decisional Capacity
V. The "Right to Die" - Children and Newborns
VI. Criminal & Civil Liability in "Right to Die" Cases
VII. Physician Assisted Death
Chapter 19 Interdisciplinary Decision making in Health Care; IRBs, Ethics Committees, and
Advisory Committees
I. Regulation of Research Upon Human Subjects - IRBs
II. Institutional Ethics Committees
III. National and State Commissions
INDEX
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