American Journal of Law & Medicine

Articles from Vol. 25, No. 2/3, 1999

Broadcasting Clinical Guidelines on the Internet: Will Physicians Tune In?
INTRODUCTION Modern American medicine is far from ideal. Physicians practice by rules learned in medical school, rules often based on anecdotes or untested hypotheses. Medical opinion leaders shape practice by their own experience even though anecdotes...
Cyber-Malpractice: Legal Exposure for Cybermedicine
INTRODUCTION This Article examines the content-related liability exposure of health care providers operating in cyberspace (cybermedicine).^^The Article maps real space theories1 of liability such as professional negligence, misrepresentation and products...
Direct Contracts, Data Sharing and Employee Risk Selection: New Stakes for Patient Privacy in Tomorrow's Health Insurance Markets
I. INTRODUCTION In the decades since the United States Supreme Court's consideration of informational privacy in Whalen v. Roe, a couple of worthy candidates to fulfill Justice Brennan's premonition of "future developments" have emerged. One is the nature...
Health and the Right to Privacy
Health and the Right to Privacy^ INTRODUCTION When Louis Brandeis and Samuel Warren introduced the phrase "the right to privacy" as the title of an article in the Harvard Law Review in December 1890, they were primarily concerned about a right of privacy...
If I Am Only for Myself, What Am I? A Communitarian Look at the Privacy Stalemate
INTRODUCTION There is little quarrel that access by medical and health policy researchers to medical records and claims data has spurred advances in quality and access to medical treatment. Nevertheless, dissatisfaction lingers with the regime used to...
Informed Consent in the Electronic Age
INTRODUCTION A. INFORMING THE PATIENT. . . MILLENNIUM STYLE Dr. X, a urologist, has just told his patient, Mr. Y, a fifty-eight-year-old businessman, that he has prostate cancer. The revelation was difficult for both parties, but it did not come as a...
Online without a Net: Physician-Patient Communication by Electronic Mail
INTRODUCTION Patients continue to find new ways of reaching their physicians. In the past, patients and their health care providers developed relationships through the course of everyday affairs and across a wide variety of social exchanges. Although...
Preface: Electronic Medical Information: Privacy, Liability and Quality Issues
This symposium issue explores the timely topic of health care information and information technology, and their impact on health care delivery. The potential for mischief in this area has been the subject of many a dire prediction, but documented instances...
Reflective Choice in Health Care: Using Information Technology to Present Allocation Options
INTRODUCTION Over the last few decades, the U.S. health care system has been the beneficiary of tremendous growth in the power and sheer quantity of useful medical technology. As a consequence, our society has, for some time, had to make costbenefit...
Telemedicine and Integrated Health Care Delivery: Compounding Malpractice Liability
INTRODUCTION Telemedicine became a significant part of the health care equation long before we realized what it was or how important it will be in the future. Telephone discussions and consultations between health care providers have been a part of medical...
The Siren Song of the Elderly: Florida's Nursing Homes and the Dark Side of Chapter 400
I. INTRODUCTION Nursing homes perform a vital function in the long-term care continuum by providing nursing care around the clock to the elderly and disabled.1 By entrusting these institutions with society's frailest members, the general population relies...