Health Care Law and Ethics


Book Description

Health Care Law and Ethics, Ninth Edition offers a relationship-oriented approach to health law—covering the essentials, as well as topical and controversial subjects. The book provides thoughtful and teachable coverage of every aspect of health care law. 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. Key Features: New authors Nick Bagley and Glenn Cohen Incorporated anticipated changes to the Affordable Care Act More current cases and more streamlined notes, including ones on medical malpractice, bioethics, and on finance and regulation More coverage of “conscientious objection” and “big data” - Discussion of new “value based” methods of physician payment - Expanded coverage of “fraud and abuse” Current issues in public health (e.g., Ebola, Zika) and controversies in reproductive choice (e.g., Hobby Lobby) Coverage of cutting-edge genetic technologies (e.g., gene editing and mitochondrial replacement)




Disability, Health, Law, and Bioethics


Book Description

Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability.




Poverty, Health and Law


Book Description

Not every illness has a biological remedy. Poverty, Health and Law presents health in the broader social context of people''s lives, providing insights into the advancement of health through legal advocacy and interdisciplinary solutions to complex social problems. Focusing on basic legal rights and their relation to health--income and employment, housing, education, legal status, and personal safety--the authors provide information and insight into how the law may be used as a tool to improve health and how health care providers and lawyers can work together to invoke more effective and preventive remedies for patients and clients. As America prepares for major reform of its health care system, Poverty, Health and Law brings to the forefront the need to address the root causes of illness and poor health, particularly among vulnerable populations, by exploring remedies and innovations both within and outside of the health care system. "[T]his book is a helpful resource for existing and emerging MLPs that is sure to inspire improved care for the poor." -- World Medical & Health Policy "This book is intended to be used in at least three ways: (1) as a teaching tool primarily for legal and medical educators; (2) as a guidebook for newer or contemplated MLP programs; and (3) as a resource and reference work for MLP practitioners. It succeeds in each of these categories. ...The chief pedagogical goal, whose attainment is likely to be aided immeasurably by this volume, is not to get physicians and attorneys to think alike, but rather to teach members of each profession how and why the other professional thinks as he or she does. ...Taking on an ambitious and provocative agenda, they have done an excellent job of preparing future and current medical and legal practitioners to work collaboratively on behalf of patients/clients who need their joint advocacy. Any reader interested in the ways in which law and medicine might intersect on behalf of consumers'' well-being will benefit from attention to ''the'' book on the current achievements and future promise of MLPs." -- Journal of Law, Medicine & Ethics, Marshall B. Kapp, J.D., M.P.H., Director of the Florida State University Center for Innovative Collaboration in Medicine & Law "[This book] is an invaluable compendium of collective wisdom concerning the theory and practice of MLP--a gift. Those new to the field, whether practitioners, students, academics or bureaucrats, will scarcely believe their luck that such an impressive resource now exists; an exhaustive treatment of MLP from the foundations up. But Poverty, Health and Law isn''t just an edited collection of pieces from legal and medical practitioners from around the States--it is a thoughtful and strategic treatment of the subject with a unified structure and consistent educative approach. Intended as both a teaching tool and a resource for those engaged or interested in MLP, the book boasts numerous valuable features...[w]hether you are beginning to explore MLP or wanting to supercharge an existing partnership or alliance, Poverty, Health and Law will prove to be an indispensible reference." -- Peter Noble, Advocacy Health Alliances blog "Poverty, Health and Law is a valuable resource to enhance understanding of the non-medical factors that affect health. Garnering the expertise of authors from healthcare and law, Poverty, Health and Law is intentionally written to be accessible to students across disciplines of medicine, law, social work and public health. It is a crucial step in advancing the medical-legal partnership model and will also serve as a catalyst to stimulate further research about addressing the social determinants of health." -- David R. Williams, Ph.D., M.P.H., Florence Sprague Norman and Laura Smart Norman Professor of Public Health, Professor of African and African American Studies and of Sociology, Harvard University "This ground-breaking work shows how doctors and lawyers across the country can work together to protect the health of our most vulnerable populations. A comprehensive collection of compelling essays written by national experts, this volume is an invaluable teaching tool for the next generation of legal and health professionals to help guide and inspire such innovative interdisciplinary collaborations in the future. It is also a must-read for practitioners and policy-makers alike who want to understand how real health reform can happen at the grass-roots level." -- Charity Scott, J.D., Professor of Law and Director of the Center for Law, Health & Society, Georgia State University College of Law "Medical-legal partnerships unite the medical and legal professions in a common goal and create the ideal team to serve the healthcare and legal needs of vulnerable populations including children, cancer patients, senior citizens, and HIV/AIDS patients. Not only do they provide critical direct services to patients, they also promote systemic advocacy efforts that have an enormously positive impact on healthcare policies and practices. Poverty, Health and Law is an important guide that could not have been published at a more vital time." -- Steven B. Scudder, J.D., Committee Counsel, ABA Standing Committee on Pro Bono and Public Service




Global Health Law


Book Description

The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.




Medical Law in New Zealand


Book Description

Medical Law in New Zealand is an authoritative account of the law relating to health care in New Zealand. Litigation involving doctors established many of the relevant principles, but these principles apply equally to other health practitioners in their relations with patients. The book deals with matters that extend across this wide range of health practice.







Healthcare as a Human Rights Issue


Book Description

This book deals with various facets of the human right to health: its normative profile as a universal right, current political and legal conflicts and contextualized implementation in different healthcare systems. The authors come from different countries and disciplines - law, political science, ethics, medicine etc. - and bring together a broad variety of academic and practical perspectives. The volume contains selected contributions of the international conference "The Right to Health - an Empty Promise?" held in September 2015 in Berlin and organized by the Emerging Field Initiative Project "Human Rights in Healthcare" (University of Erlangen-Nürnberg).




Public Health Law, Ethics, and Policy


Book Description

This pioneering book offers the most comprehensive and teachable compilation of materials on public health law now available. The updated 2nd edition provides significant new materials on the unprecedented challenges for courts and government policymakers presented by the COVID-19 pandemic. Its unique perspective highlights the evolving legal, political and social responses to the current infectious disease outbreak--in the context of earlier court cases and policies dating back to cholera in the 1900s through SARS and Ebola in this century. The 2nd edition also features the emergence of health equity as a key public health perspective, as increasingly detailed data document the differential impact of upstream social and environmental determinants on the health of the public and on the health of particular populations. Other updates focus on "system-approaches" to complex health problems, such as opioid misuse and obesity, that require data, engagement and coordination across numerous government entities. One of the challenges of teaching public health law is that it touches many other government sectors and bodies of law. This book solves that problem by organizing and integrating the material to address (1) cross-cutting themes in public health policy, such as government authority and justification to restrict individual liberties or use emergency powers and (2) the primary policy tools used by public health policymakers and practitioners, from behavioral interventions such as immunization and quarantine to environmental regulations. The book aims to explore topics from different points of view, weaving together public health sciences, ethics, law, and public policy. In perhaps their most exciting innovation, Bonnie, Bernheim and Matthews have constructed an intriguing and diverse menu of teachable units focused on specific policy problems or case studies in public health action. The book weaves together pertinent medical information and public health statistics, court decisions and other legal materials, and ethics commentaries. It uses both judicial opinions and concrete problems in public health policy and practice as the main vehicles for classroom discussion. Examples include leading a community response to COVID-19 that addresses health disparities, differential social and economic need, vaccine allocation and resistance; and preparing public health testimony for a state legislature on immunization requirements or exemptions. Other case studies include substandard housing as a determinant of health, and the upstream effects of climate change on the health of children. Students are also exposed to a variety of cross-cutting regulatory frameworks, including product safety, environmental protection, and data privacy. This book is richly interdisciplinary. Although designed for students of law, the book can easily be adapted to courses designed for students in public health, public policy and interprofessional settings examining the role of law and public policy in advancing population health and health equity.







Law and Health Care Quality, Patient Safety, and Liability


Book Description

This book offers a framework for studying modern quality approaches, including more expansive definitions of quality in health care, patient safety, and the use of data-driven methods for monitoring quality performance. The text begins with a student-friendly introduction to the way that the central concerns in health law and policy -- cost, quality, access, and choice -- interact. The next chapters cover state and federal quality-control regulation, including professional licensure and discipline and Medicare and Medicaid provider certification for health care organizations. The book provides extensive material on liability, including both medical malpractice and the liability of health care organizations, and explores the impact of ERISA preemption on liability for quality failures. These chapters also address the duties of informed consent and confidentiality, including HIPAA, and the impact of nondiscrimination obligations as a matter of quality in health care. The book includes material on quality efforts within health care organizations, including their relationship with health care professionals through staff privileges, contracting, and employment.