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UPC: 9780314831330
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Health Law - Cases, Materials and Problems American Casebook Series Hardcover
In the four years since the first edition of this book was published health law has certainly not stood still. Indeed, it has moved on at a flat-out sprint. Access to health care has become increasingly prominent on the agenda of the state and federal governments as the specter of over thirty million without health insurance, most of them working women and men, becomes an increasing embarrassment. Health care cost control has become ever more urgent as the cost of health care continues to consume an ever greater share of our national productivity. Strategies to contain costs have, however, become ever more complex and diffuse, as the search for an overall regulatory solution has, for the time, been abandoned and private industry and government struggle separately to control the costs of their own health care programs. Major Supreme Court pronouncements in Webster and Cruzan, as well as further developments in the state courts and legislatures, have raised new issues and challenged the established law in the area of bioethics. Though the malpractice crisis of the early 1980s seems to have abated somewhat at the end of the decade, new ideas for malpractice reform continue to emerge, as do new data illuminating malpractice reforms of the mid-1970s and early 1980s. A whole new sector of law governing the business relationships among health care institutions and professionals has clearly emerged and warrants academic study. It is time for a second edition.
This second edition maintains and enhances the features that made the first edition of this book so popular among health law teachers and students. Our goal continues to be to produce a teachable book. We retain, often in updated form, many of the problems from the first edition and have added new problems, allowing students to struggle with applying the law in situations similar to those they might encounter in practice. We continue to supply an ample store of legal material�cases, statutes, and regulations�supplemented, but not supplanted, by readings in health policy. We have attempted to retain as many materials as possible from the first edition to ease preparation for teaching the second edition, replacing or supplementing only where new developments necessitate updating. We also continue to present all sides of policy issues, not to evangelize for any political, economic, or social agenda of our own.
SUMMARY OF CONTENTS
Chapter 1. Regulating the Quality of Health Care
I. Quality and Error
II. Licensing of Health Care Professionals
III. Government Quality-Control Regulation of Health Care Institutions
IV. Quality Control in the Institutional Setting
Chapter 2. Professional Liability
I. The Health Care Professional as Malpractice Defendant
II. The Institution as Defendant: From Charity to Target
Chapter 3. The Relationship of Provider and Patient
I. The Contract Between Patient and Physician
II. Confidentiality and Disclosure in the Physician-Patient Relationship
III. Informed Consent: The Physician's Obligation
IV. Promoting Conversation
Chapter 4. Reforming the Tort System for Medical Injuries
I. The Sources of the Malpractice Crisis
II. Responses to the Crisis
III. The Effects of Reform: A Preliminary Assessment
IV. Alternative Approaches to Compensation of Patient Injury
Chapter 5. Organizing Health Care Delivery
I. Health Care Facilities as Charities
II. Professional Relationships in Health Care Enterprises
Chapter 6. Access to Health Care
I. Access Through the Market: Private Health Insurance
II. Government Health Care Programs: Medicare and Medicaid
III. The Uninsured and Uncompensated Care
IV. Access to Advanced, Expensive Technology
Chapter 7. Health Care Cost Control Introduction
I. Competitive and Regulatory Approaches to Cost Control
II. Comprehensive Regulatory Approaches
and much, much More
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