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Contents - JLME - 2005 Volume 33: 4
Table of Contents
  1. Table of Contents
Letter From The Editor
  1. Letter From The Editor
Letter To The Editor
  1. To The Editor
Symposium Articles
  1. Introduction Legislating and Litigating Health Care Rights Around the World
  2. Rights to Specialized HealthCare in Norway: A Normative Perspective
  3. Joe Public v. The General Public: The Role of the Courts in Israeli Health Care Policy
  4. Accountability for Rationing : Theory into Practice
  5. Just Medicare: The Role of Canadian Courts in Determining Health Care Rights and Access
  6. "Prioritization": Rationing Health Care in New Zealand
  7. Access to Health Care in the Netherlands: The Influence of(European) Treaty Law
  8. Ensuring Reasonable Health: Health Rights, the Judiciary, and South African HIV/AIDS Policy
  9. Health Law 2005: An Agenda
  10. Introduction Pain Management in the Emergency Department: Current Landscape and Agenda for Research
  11. The Social,Professional, and Legal Framework for the Problem of Pain Management in Emergency Medicine
  12. Chronic Pain and Aberrant Drug-Related Behavior in the Emergency Department
  13. Prescription Opioid Abuse in the Emergency Department
  14. Clinical Guidelines and Policies: Can they Improve Emergency Department Pain Management?
Independent Articles
  1. Phantom Tumors and Hysterical Women: Revising our View of the Schloendorff Case
  2. Discourse on Embryo Science and Human Cloning in the United States and Great Britain:1984-2002
  3. Clinical Trials Registries: A Reform thatis Past Due
  4. Motion(less) in Limine
  5. Dangerous Times for Medicaid
Columns
  1. Currents in Contemporary Ethics
  2. The Ethical Health Lawyer
  3. Reviews in Medical Ethics Dietary Supplements: Reports Reviewed by Tia Powell and Barbara A. Noah
  4. Recent Developments in Health Law
Table of Contents
Table of Contents
ASLME - [PDF] (Free Download)
Table of Contents
Letter From the Editor
Letter From The Editor
ASLME - [PDF]

Letter From The Editor
Letters To The Editor
To The Editor
ASLME - [PDF]

To The Editor
Symposium Articles
Introduction Legislating and Litigating Health Care Rights Around the World
Colleen M. Flood, Lance Gable, Lawrence O. Gostin - [PDF]

Introduction Legislating and Litigating Health Care Rights Around the World
Rights to Specialized HealthCare in Norway: A Normative Perspective
Ole Frithjof Norheim - [PDF]

This article examines one procedural attempt to usethe rights instruments to advance fair access tohealth care within the context of a Scandinaviantype of welfare system. The Norwegian PatientsRights Act and the political processes leading up tothe Act are described and evaluated.
Joe Public v. The General Public: The Role of the Courts in Israeli Health Care Policy
Carmel Shalev, David Chinitz - [PDF]

Israel's NationalHealth Insurance Law (1994)hasproduced asetup in which the courts play a rela-tively limited role regarding access to health care.However, the emergence of regulatory challengesregarding access may invite a greater future role forthe courts.
Accountability for Rationing : Theory into Practice
Christopher Newdick - [PDF]

Much has been written on health care resource allo-cation in theory, but how does theory influence practice? Chris Newdick examines the impact of legaland ethical standards on resource allocation in theUK and comments on their achievements and thechallenges that remain.
Just Medicare: The Role of Canadian Courts in Determining Health Care Rights and Access
Colleen M. Flood - [PDF]

In the recent case of Chaoulli,the Supreme Courtfound a constitutional right to purchase private health insurance in the face of long wait times inpublic Medicare. This paper argues for a greaterfocus on administrative law to improve governanceand the operation of publicly-funded Medicare forall Canadians and not just those able to buy privateinsurance.
"Prioritization": Rationing Health Care in New Zealand
Joanna Manningand Ron Paterson - [PDF]

We describe recent innovations in New Zealand inthe move from implicit to explicit rationing, andassess two significant legal challenges to rationingdecisions. The issue whether rationing decisions arediscriminatory is considered, our conclusion beingthat they are legally defensible, provided certainconditions are met.
Access to Health Care in the Netherlands: The Influence of(European) Treaty Law
Andru den Exter - [PDF]

In the Netherlands, the accessibility of health careservices has been guaranteed by both national andinternational social insurance law. In particular theleverage of Community law in strengthening thepatient's right to healthcare is remarkable. Healthcare has become inextricably linked with the freemovement principles.
Ensuring Reasonable Health: Health Rights, the Judiciary, and South African HIV/AIDS Policy
Lisa Forman - [PDF]

The South African Constitutional Court's enforcement of the Constitutional right to access healthcare services illustrates both the transformativepotential of enforcing health claims, and the institu-tional limits placed on enforcement by the Courtitself. This article explores the South African experience, focusing on the impact of the Constitutionalright on health policy-making and on legal adjudication itself. Thus relevant jurisprudence is examinedin light of national health needs and national healthpolicy, focusing in particular on government policieson HIV/AIDS.
Health Law 2005: An Agenda
Peter D. Jacobson - [PDF]

This article takes a pragmatic look at health law in2005. Health law doctrine in competition policy andpatient safety will influence the primacy of marketsor medical professionals. Two intangible health lawissues are relations between attorneys and physicians, and understanding how the culture of technology affects legal doctrine.
Introduction Pain Management in the Emergency Department: Current Landscape and Agenda for Research
Sandra H. Johnson - [PDF]

Introduction Pain Management in the Emergency Department: Current Landscape and Agenda for Research
The Social,Professional, and Legal Framework for the Problem of Pain Management in Emergency Medicine
Sandra H. Johnson - [PDF]

The ED bears the primary responsibility for treatingtrauma patients, and untreated acute pain has beenassociated with negative medical outcomes. In addi-tion, our system also relies on the ED for treatmentof chronic pain and pain at the end of life. Whileemergency medicine faces common challenges inpain management, there are also distinctive condi-tions in the ED that impair pain treatment, includ-ing the prioritization of diagnosis; inadequacies inpain assessment; and a culture that supportsdetachment. Areas of liability risk also reveal sys-temic issues impairing effective pain management inthe ED.
Chronic Pain and Aberrant Drug-Related Behavior in the Emergency Department
Knox H. Todd - [PDF]

Emergency physicians commonly evaluate thosewith chronic pain and substance abuse disorders;they are more common among emergency department patients that in the general population.Concern regarding coexisting substance use disorders among patients with pain influences treatment;however, the relationship between these two condi-tions is often murky and limited research is availableto guide clinical decision making. At both individualand population levels, a balanced perspective inapproaching this difficult issue will best servepatients.
Prescription Opioid Abuse in the Emergency Department
Barth L. Wilsey, Scott M. Fishman, Christine Ogden - [PDF]

Patients in pain who seek opioids in the EmergencyDepartment (ED) may appear to be doctor shop-ping. But such presentations must never exclusivelybe taken as evidence of aberrant behavior in apatient seeking to obtain opioids in an ED.Emergency physicians are challenged to reservejudgment even when presented with a patient whoseems to have drug-seeking behavior, as this impres-sion may be false. Sometimes, there are no otherproviders available and patients must attempt to find care in the ED as a "last resort." Since there israrely a single behavior or event that confirms thediagnosis of addiction in a chronic pain patient, thediagnosis usually remains elusive in the ED setting.In order to help ED physicians find a more tangiblemethod for assessing the potential for opioid misusein the ED, new screening tools are currently beingdeveloped. In addition, legislative initiatives andtechnological advances in the form of prescriptionmonitoring databases may someday make it feasiblefor an ED physician to screen patients for evidenceof multiple providers.
Clinical Guidelines and Policies: Can they Improve Emergency Department Pain Management?
James Ducharme - [PDF]

This article reviews published guidelines and recom-mendations related to emergency pain management,identifying barriers to their implementation. Legalconcerns toward guideline utilization are presented.Improving the (poor) dissemination of new medicalinformation is also discussed. Methods successfullyused in improving pain management in other areasof health care will be reviewed in an effort toimprove pain management in emergency medicine.
Independent Articles
Phantom Tumors and Hysterical Women: Revising our View of the Schloendorff Case
Paul A. Lombardo - [PDF]

Benjamin Cardozo's opinion in Schloendorff v.Society of the New York Hospitalis often seen toforeshadow the modern doctrine of informed consent. But the 1914 decision may actually have under-cut existing understandings of a patient's right torefuse treatment.
Discourse on Embryo Science and Human Cloning in the United States and Great Britain:1984-2002
Matthew Weed - [PDF]

The United States and Great Britain have radicallydifferent policy on embryo experiments of all kindsand only the UK has developed legislation banningattempts at human reproductive cloning. This inspite of the fact that American and British pro-research and pro-life forces have developed cases in support of their views on embryo research andhuman cloning that are based on the same princi-ples. The close similarity of the ethical cases madefor and against embryo science and nuclear transferexperiments in these countries is described. The factthat similar ethical cases did not lead to similar poli-cy demonstrates that ethical discourse alone is insufficient to account for the form that policy takes. Newmodes for considering ethically complex bioethicalissues are offered that account for real world factorssuch as patients' growing ability to access curesbased on treatments rising from controversial bio-medical research.
Clinical Trials Registries: A Reform thatis Past Due
Jennifer L. Gold, David M. Studdert - [PDF]

In this paper, we support the establishment of aprospective registry for clinical trials as a means ofpromoting drug safety and scientific integrity. First,we outline why clinical trial registration is importanttoday. Second, we describe registry initiatives bygovernment and private organizations. Third, weoutline several important limitations to existing registries. Finally, we propose a set of elements that webelieve are integral to a successful clinical trials registry.
Motion(less) in Limine
Giles Scofield - [PDF]

Suggesting that it is difficult to determine bothwhether and how a medical ethicist may offer expertopinion testimony in a manner that can be recon-ciled with the bioethics literature, the author con-cedes that there is at least one instance in whichsuch testimony may and should be admitted.
Dangerous Times for Medicaid
John V. Jacobi - [PDF]

Short-term Medicaid reform proposals, whilepainful, are relatively minor. Longer-term proposalsare more extensive and dangerous, particularly thosethat would replace Medicaid's defined benefits witha defined contribution structure, and would devolveeligibility and benefits design power to states.
Columns
Currents in Contemporary Ethics
Stacey A. Tovino - [PDF]

Currents in Contemporary Ethics
The Ethical Health Lawyer
Lance Lightfoot - [PDF]

The Ethical Health Lawyer
Reviews in Medical Ethics Dietary Supplements: Reports Reviewed by Tia Powell and Barbara A. Noah
Tia Powell - [PDF]

Reviews in Medical Ethics Dietary Supplements: Reports Reviewed by Tia Powell and Barbara A. Noah
Recent Developments in Health Law
Jacqueline G. Cohen - [PDF]

Recent Developments in Health Law