Health Care Law and Ethics
Health Care Law and Ethics

Author: Mark a Hall

Publisher: Aspen Publishing

Published: 2024-02-28

Total Pages: 1068

ISBN-13: 1543838863

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Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Health Care Law and Ethics, Tenth Edition offers a relationship-oriented approach to health law--covering the essentials, as well as cutting-edge and controversial subjects. The book provides thoughtful and teachable coverage of all major aspects of health care law, including medical liability. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field. New to the Tenth Edition: Length: Trimmed by 20% to enhance teachability New author: Nadia N. Sawicki Thoroughly revised coverage of: Medical liability Reproductive rights and justice Public health law Extensive coverage of issues relating to COVID-19 Supreme Court decisions on abortion and the Affordable Care Act Discussion of emerging topics, such as: Gender reassignment Artificial intelligence Revising "brain death" and the "dead donor" rule for organ transplants Work requirements under Medicaid Medical price transparency Vertical integration and cross-market mergers Benefits for instructors and students: The organization vividly presents the entwined roles of patient, provider, and state in understanding and resolving private and public health care dilemmas Scope includes all major areas of health care law and policy Coverage of classic medical liability topics remains substantial Coverage of all major emerging and conventional issues in bioethics, public health, health care finance and reform, and corporate and regulatory law More streamlined editing facilitates coverage of multiple areas or use in survey courses "The strength of the editors and the evolution of the book over a substantial period has allowed the book to become the best from which I have ever taught." Roy Spece, University of Arizona

The Privatization of Health Care Reform
The Privatization of Health Care Reform

Author: M. Gregg Bloche

Publisher: Oxford University Press

Published: 2002-10-17

Total Pages: 245

ISBN-13: 0199770026

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Markets, not politics, are driving health care reform in America today. Inventive entrepreneurs have transformed medicine over the past ten years, and no end to this period of rapid change is in sight. Consumer anxieties over managed care are mounting, and medical costs are again soaring. Meanwhile, the federal government remains mostly on the health policy sidelines, as it has since the collapse of the Clinton administration's campaign for health care reform. This book addresses the changes that the market has wrought- and the challenges this transformation poses for courts and regulators. The law that governs the medical marketplace is an incomplete, overlapping patchwork, conceived mainly without medical care specifically in mind. The ensuing confusion and incoherence are a central theme of this book. Fragmentation of health care lawmaking has foreclosed coordinated, system-wide policy responses, and lack of national consensus on many of the central questions in health care policy has translated into legal contradiction and bitter controversy. Written by leading commentators on American health law and policy, this book examines the widely-perceived failings of managed care and the law's relationship to them. Some of the contributors treat law as a cause of trouble; others emphasize the law's potential and limits as a corrective tool when the market disappoints. The first two chapters present contrasting overviews of how the doctrines and decision-makers that constitute health law work together, for better or worse, to constrain the medical marketplace. The next six chapters address particular market developments and regulatory dilemmas. These include the power of state versus federal government in the health sphere, conflict between insureres and patients and providers over medical need, financial rewards to physicians for frugal practice, the role of antitrust law in the organization of health care provision and financing, the future of public hospitals, and the place of investor-owned versus non-profit institutions. Acknowledging the health sphere's complexities, the authors seek remedies that fit this country's legal, political, and cultural constraints and can contribute to reasoned regulatory goverance. Within limits they believe a measure of rationality is possible.

The Law of Health Care Finance and Regulation
The Law of Health Care Finance and Regulation

Author: Mark A. Hall

Publisher: Aspen Publishing

Published: 2018-05-11

Total Pages: 907

ISBN-13: 154380473X

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The Law of Health Care Finance and Regulation is based on Part III, “Institutions, Providers, and the State,” of parent book Health Care Law and Ethics and adds additional coverage of a variety of issues that have shaped health care finance law. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Key Features: Based on material in Part III of the popular parent book, “Institutions, Providers, and the State,” along with coverage of duty to treat, hospital liability, managed care liability, and regulating access to drugs. Includes cases and material not found in the parent book on: • Judicial and administrative review of Medicare decisions. Certificate of need laws. Review immunity. Integrates public health and ethics issues and features clear notes that provide context, smooth transitions between cases, and background information. Website provides background materials, updates of important events, additional relevant topics and links to other resources on the Internet.

False Hope
False Hope

Author: Richard A. Rettig

Publisher: Oxford University Press

Published: 2007-01-25

Total Pages: 368

ISBN-13: 0190293217

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In the late 1980s, a promising new treatment for breast cancer emerged: high-dose chemotherapy with autologous bone marrow transplantation or HDC/ABMT. By the 1990s, it had burst upon the oncology scene and disseminated rapidly before having been carefully evaluated. By the time published studies showed that the procedure was ineffective, more than 30,000 women had received the treatment, shortening their lives and adding to their suffering. This book tells of the rise and demise of HDC/ABMT for metastatic and early stage breast cancer, and fully explores the story's implications, which go well beyond the immediate procedure, and beyond breast cancer, to how we in the United States evaluate other medical procedures, especially life-saving ones. It details how the factors that drove clinical use--patient demand, physician enthusiasm, media reporting, litigation, economic exploitation, and legislative and administrative mandates--converged to propel the procedure forward despite a lack of proven clinical effectiveness. It also analyzes the limited effect of technology assessments before randomized clinical trials evaluated decisively the procedure and the ramifications of this system on healthcare today. Sections of the book consider the initial conditions surrounding the emergence of the new breast cancer treatment, the drivers of clinical use, and the struggle for evidence-based medicine. A concluding section considers the significance of the story for our healthcare system.

Normalizing an American Right to Health
Normalizing an American Right to Health

Author: Christina S. (Professor of Law Ho, Professor of Law Rutgers Law School)

Publisher: Oxford University Press

Published: 2023

Total Pages: 297

ISBN-13: 0197650597

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This book argues against the conventional wisdom that a U.S. right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealed through the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing how we could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains, including impact assessments and state-sponsored reinsurance. By normalizing American health rights discourse and bringing a right to health, including a right to health care, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests over health that we face today. Amid the prevailing neoliberal, neo-Lochnerian ideologies that have led us to a dead-end, this book proposes a rival ethic that has been developing right under our noses, one focused on embodied justice, where the priority is squarely on the human and our capacity for suffering and flourishing.