American Journal of Law & Medicine

Articles from Vol. 26, No. 2/3, 2000

Alternative Medicine's Roadmap to Mainstream
I. INTRODUCTION Alternative medicine has been rapidly expanding as consumers drive the demand for more cost-effective, accessible and individualized healthcare.1 A commonly cited survey in the New England Journal of Medicine (NEJM) found that more Americans...
Applying Fiduciary Responsibilities in the Managed Care Context
I. INTRODUCTION The cost containment innovations offered by managed care have been needed corrections to the excesses of the fee-for-service health care system. Yet, implementing these innovations raises inevitable questions about conflicts of interest...
Consent: Tennessee to Follow an Objective Standard for Informed Consent-Ashe V. Radiation Oncology Assocs
Consent: Tennessee to Follow an Objective Standard of Informed Consent-Ashe v. Radiation Oncology Assoc.1--The Supreme Court of Tennessee held that the standard to determine informed consent is whether a reasonable person in the patient's position would...
ERISA: Fiduciary Decisions in ERISA Subject to Abuse of Discretion Review-Booth V. Wal-Mart Stores, Inc
ERISA: Fiduciary Decisions in ERISA Subject to Abuse of Discretion Review-- Booth v. Wal-Mart Stores, Inc.1-The United States Court of Appeals for the Fourth Circuit held that abuse of discretion, not arbitrary and capricious, was the appropriate standard...
ERISA: No Duty to Disclose Physician Compensation Arrangements-Ehlmann V. Kaiser Found. Health Plan of Texas
ERISA: No Duty to Disclose Physician Compensation Arrangements-Ehlmann v. Kaiser Found Health Plan of Texas1--The United States Court of Appeals for the Fifth Circuit held that Health Maintenance Organizations (HMOs) have no fiduciary obligation to disclose...
ERISA: Plan Reimbursement from Personal Injury Settlement Not Subject to Attorney Fees Off-Set or "Make Whole" Doctrine-Harris V. Harvard Pilgrim Health Care, Inc
ERISA: Plan Reimbursement from Personal Injury Settlement Not Subject to Attorney Fees Off-Set or "Make Whole" Doctrine-Harris v. Harvard Pilgrim Health Care, Inc.1--The United States Court of Appeals for the First Circuit held that Harvard Pilgrim Health...
Foreword
It is my distinct honor and privilege to provide this Foreword to the American Journal of Law & Medicine Symposium Issue 2000, The Changing Face of Law and Medicine in the New Millennium. Indeed, healthcare law at the dawn of the new millennium is...
Fraud and Abuse: Qui Tam Relators Need Attorney General Consent to Settle Lawsuits-Doyle V. Health Possibilities
Fraud and Abuse: Qui Tam Relators Need Attorney General Consent to Settle Lawsuits-Doyle v. Health Possibilities-The United States Court of Appeals for the Sixth Circuit vacated and remanded the decision of the district court in favor of the United States'...
Health Care in Hawai'i: An Agenda for Research and Reform
I. INTRODUCTION In 1999, the United States Census Bureau reported that 16.3% of Americans did not have health insurance in 1998, up from 16.1% in 1997 and 13% in 1990.1 The increased lack of health insurance is particularly troubling because the unemployment...
Health Care Reform in the Year 2000: The View from the Front of the Classroom
I. INTRODUCTION: WHERE HAVE WE BEEN? My thoughts about the status of American health care as it enters the twenty-first century have less to do with any theory or model-or even my own politics-and more to do with my efforts as a teacher. For the past...
Hospitals: Court Rejects Charitable Immunity Defense and Holds Hospital Liable-Keene V. Brigham & Women's Hosp., Inc
Hospitals: Court Rejects Charitable Immunity Defense and Holds Hospital Liable --Keene v. Brigham & Women's Hosp., Inc.1--The Superior Court of Massachusetts awarded an estimated $6.5 million to the family of a boy who suffered from brain damage...
Licensing Actions: Hospital's Reasons for Revoking a Doctor's Privileges Constituted Adequate Notice Entitling It to Immunity-Northeast Georgia Med. Ctr V. Davenport
Licensing Actions: Hospital's Reasons for Revoking a Doctor's Privileges Constituted Adequate Notice Entitling it to Immunity-Northeast Georgia Med. Ctr v. Davenport1-The Supreme Court of Georgia held that the Hospital Care Quality Improvement Act (HCQIA)2...
Malpractice: Protection of Hospital Peer Review Records-Fox V. Kramer
Malpractice: Protection of Hospital Peer Review Records-Fox v. Kramer1--The Supreme Court of California held that a medical malpractice plaintiff could not refer to a physician-investigator's draft preliminary report for the State Department of Health...
Medicare's Future: Fact, Fiction and Folly
I. THE RECURRING FLAP OVER MEDICARE Perhaps no single policy topic better illustrates the tensions within American politics at the beginning of a new millennium than does Medicare, the nation's thirtyfive year commitment to ensuring senior citizens'...
Medicine in the New Millennium: A Self-Help Guide for the Perplexed
I. INTRODUCTION When Austin Powers, ace British secret agent, is thawed out after thirty years of suspended animation, he is greeted by his old boss, accompanied by a Russian general. Powers is alarmed by the presence of the Russian general, and complains...
Regulating Medical Practice in the Cyber Age: Issues and Challenges for State Medical Boards
I. INTRODUCTION "On the Internet, nobody knows you're a dog," says one canine to another as they sit in front of a computer in the classic New Yorker cartoon.1 This can also apply to those who seek or provide medical care online. On the Internet, nobody...
Supreme Court: Challenges to the Validity of Medicare Regulations Are to Be Made through Special Review Channel Created by Medicare Statutes-Shalala V. Illnois Council on Long Term Care, Inc
Supreme Court: Challenges to the Validity of Medicare Regulations Are to be Made Through Special Review Channel Created By Medicare Statute--Shalala v. Illinois Council on Long Term Care, Inc.1--The Supreme Court of the United States, reversing the Seventh...
Supreme Court: Food and Drug Administration Has No Authority to Regulate Tobacco-Food & Drug Admin. V. Brown & Williamson Tobacco Corp
Supreme Court: Food and Drug Administration Has No Authority to Regulate Tobacco-Food & Drug Admin. v. Brown & Williamson Tobacco Corp. 1-The Supreme Court of the United States held that Congress has not granted the Food and Drug Administration...
The Globalization of Health Law: The Case of Permissibility of Placebo-Based Research
If any trend can be confidently predicted for the next millennium (or, more modestly, for our lifetimes) it is the globalization of health law. We live in an age of global markets and global communications. While care of the individual patient has remained...
Tobacco Litigation: Smoke, Mirrors and Public Policy
INTRODUCTION My experience and reflections concerning tobacco litigation stem from representing the American Cancer Society in November of 1998,1 when the State of Oregon asked Judge Anna Brown of the Circuit Court of Multnomah County in Portland to...