American Journal of Law & Medicine

Articles from Vol. 27, No. 1, 2001

A Right to Personal Assistance Services: "Most Integrated Setting Appropriate" Requirements and the Independent Living Model of Long-Term Care
I. INTRODUCTION: SERVING THE LONG-TERM CARE POPULATION The United States is currently entering a period in which the demand for longterm care services is growing at a particularly rapid rate; it is projected that the inflation-adjusted expenditures for...
Consumer Choice and the Managed Care Backlash
I. INTRODUCTION The backlash against managed care, in general, and Health Maintenance Organizations ("HMOs"), in particular, is a major health policy issue.1 It has led to the formation of major commissions at the national and state levels, and to a...
Damages: No Cause of Action for Medical Monitoring Badillo V. American Brands, Inc
Damages: No Cause of Action for Medical Monitoring-Badillo v. American Brands, Inc.1 -The Nevada Supreme Court held that Nevada common law does not recognize a cause of action for medical monitoring.2 The United States District Court for the District...
Disciplinary Actions: Report to National Practitioner Data Bank Constitution Defamation-Wheeler V. Methodist Hosp
Disciplinary Actions: Report to National Practitioner Data Bank Constitutes Defamation-Wheeler v. Methodist Hosp.1-The Texas Court of Appeals for the First District held that each time the National Practitioner Data Bank republishes an adverse action...
ERISA: Insurer Not Entitled to Discounted Fees-HCA Health Serv. of Georgia Inc. V. Employers Health Insur. Co
ERISA: Insurer Not Entitled to Discounted Fees-HCA Health Serv. of Georgia, Inc. v. Employers Health Insur. Co. 1-The Eleventh Circuit held that an insurer was not entitled to a discounted fee based on a series of contracts allegedly extending such benefit...
FDA Regulation: An Answer to the Questions of Human Cloning and Germline Gene Therapy
I. INTRODUCTION The possibility of cloning human beings, although widely contemplated for several decades, became scientifically feasible in 1997 when the first mammal created through cloning procedures was born.1 Although the scientists who created...
Medical Malpractice: The Evidentiary Link between Medical Care and Managed Care Plans-Shea V. Esensten
Medical Malpractice: The Evidentiary Link Between Medical Care and Managed Care Plans-Shea v. Esensten. I-The Minnesota Court of Appeals held that the appellant failed to establish a sufficient link between the care her husband received and the managed...
Rights Discourse and Assisted Suicide
I. INTRODUCTION The debate surrounding the legalization of assisted suicide] has been galvanized in recent years by reports of specific cases of assisted suicide, primarily involving physicians such as Kevorkian2 and Quill,3 and by impassioned pleas...
Standard of Care: Physicians' Duty to Inform Patients-Reed V. Bojarski
Standard of Care: Physicians' Duty to Inform Patients-Reed v. Bojarski1-The New Jersey Supreme Court held that a physician who performs a pre-employment screening has a non-delegable duty to disclose to the examinee any life threatening abnormality uncovered...