Journal of Law and Health

Professional journal covering law and health.

Articles from Vol. 14, No. 2, Summer

"Calling Dr. Love": The Physician-Patient Sexual Relationship as Grounds for Medical Malpractice - Society Pays While the Doctor and Patient Play
I. INTRODUCTION Sex. A simple word encapsulating a plethora of emotions. By now everyone is familiar with the President Clinton-Monica Lewinsky scandal, or ZipperGate as it is more affectionately labeled by the press. The President was caught literally...
Consent to Sperm Retrieval and Insemination after Death or Persistent Vegetative State
I. INTRODUCTION Removal of sperm from a man's body after death was first reported in 1980, in a case involving a 30-year-old man who died following a motor vehicle accident and whose family requested that his sperm be extracted and frozen. (2) Since...
Defining "Willful" Remuneration: How Bryan V. United States Affects the Scienter Requirement of the Medicare/medicaid Anti-Kickback Statute
I. INTRODUCTION The General Accounting Office and the Department of Health and Human Services (the "DHHS") recently estimated that Medicare pays $23 billion a year in fraudulent medical claims. (1) Not surprisingly, many health care professionals...
Exclusive or Concurrent Competence to Make Medical Decisions for Adolescents in the United States and United Kingdom
I. COMPETENCY TO MAKE MEDICAL DECISIONS Making decisions about receiving or refusing medical diagnosis and treatment continues to challenge health care providers, legislators, lawyers and judges, ethicists, patients, and families. For the past half...
Is HIV a Disability under the Americans with Disabilities Act: Unanswered Questions after Bragdon V. Abbott
I. INTRODUCTION The condition known as acquired immunodeficiency syndrome ("AIDS") was first reported to the Centers for Disease Control (CDC) in 1981. (2) By 1983, scientists had identified a new human retrovirus called HIV or Human Immunodeficiency...
The Tobacco Industry and the First Amendment (1): An Analysis of the 1998 Master Settlement Agreement
I. INTRODUCTION Prior to 1995, the tobacco industry was an impenetrable fortress. The industry admitted nothing, denied everything, and successfully defended nearly every lawsuit filed against it. (2) Then, in 1995, a war was waged against the tobacco...