Law and Contemporary Problems

A quarterly law journal publishing issues devoted to papers on a particular topic of contemporary interest. Topics usually reflect an interdisciplinary perspective with contributions by lawyers, economists, social scientists, scholars in other disciplines

Articles from Vol. 74, No. 3, Summer

Apologies in the Healthcare System: From Clinical Medicine to Public Health
I INTRODUCTION In recent years, both formal and informal initiatives have promoted the inclusion of apologies in medical education and clinical practices. Many countries have even regulated medical apologies through law. Although there has been...
A "Principled Resolution": The Fulcrum for Bioethics Mediation
The concept of a "principled resolution" is the foundation for bioethics mediation. (1) This article presents the core bioethical principles that support the creation of principled resolutions as fulcrums for resolving disagreements in the healthcare...
Escaping the Shadow of Malpractice Law
I INTRODUCTION Medical malpractice doctrine is one of the core issues in the current debate over healthcare reform in the United States. For decades now, it has been universally accepted that the threat or reality of formal litigation stemming...
Experimenting with Alternative Dispute Resolution as a Means for Peaceful Resolution of Interest Labor Disputes in Public Healthcare - a Case Study
I INTRODUCTION On the morning of May 27, 2000, as Israel's nationwide doctors' strike was entering its eleventh week, the Prime Minister convinced the doctors' union to try mediation in order to reach an agreement. This marked the beginning of...
Foreword: See You out of Court? the Role of ADR in Healthcare
The U.S. healthcare system has undergone dramatic changes in the past year, which will have a profound impact on American society. While the "Patient Protection and Affordable Care Act of 2010" seeks to ensure healthcare coverage for the vast majority...
Is There an App for That? Electronic Health Records (EHRS) and a New Environment of Conflict Prevention and Resolution
Information is the lifeblood of modern medicine. Health information technology (HIT) is destined to be its circulatory system. (1) I INTRODUCTION In January 2007, Dave deBronkart was diagnosed with stage IV kidney cancer, a condition which...
Medical Malpractice Mediation: Benefits Gained, Opportunities Lost
I INTRODUCTION In the past decade, the United States healthcare system has begun to use mediation to facilitate communication between patients and physicians after an adverse medical event, to ease tensions among members of care-giving teams,...
Most Claims Settle: Implications for Alternative Dispute Resolution from a Profile of Medical-Malpractice Claims in Florida
I INTRODUCTION Past research on the nature and scope of medical-malpractice claims in Florida has found that a very high number of cases are resolved before trial, and, conversely, a very low number of cases are resolved through jury trials....
Rationalizing Noneconomic Damages: A Health-Utilities Approach
I INTRODUCTIONS Quantifying noneconomic loss is a profound, longstanding, and seemingly intractable problem in the civil justice system. (1) For the most part, courts and legal scholars have thrown their hands up and surrendered to the view that...
Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: A Work in Progress
I INTRODUCTION When healthcare reform was being debated in the United States last year, many groups--including members of Congress, White House representatives, and other public and private policy groups--attempted to hold and facilitate "town...