Journal of Law Medicine & Ethics最新文献_第7页

Bioethics in the Courtroom: Sketching Medicine with Integrity. 法庭上的生命伦理学：用诚信勾勒医学。

IF 1.3 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2026-01-01 DOI: 10.1017/jme.2025.10216

Katrina A Bramstedt

引用次数: 0

Restricted Supply, Rising Demand: Reimagining Prescription Stimulant Regulation Amid A National Shortage. 供应受限，需求上升：在全国兴奋剂短缺的情况下重新构想处方兴奋剂监管。

IF 1.3 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2026-01-01 DOI: 10.1017/jme.2025.10204

Neha V Dantuluri

{"title":"Restricted Supply, Rising Demand: Reimagining Prescription Stimulant Regulation Amid A National Shortage.","authors":"Neha V Dantuluri","doi":"10.1017/jme.2025.10204","DOIUrl":"10.1017/jme.2025.10204","url":null,"abstract":"This paper examines the prescription stimulant shortage in the United States, a crisis that has intensified since the FDA's 2022 announcement of an Adderall shortage. The regulatory, systemic, and societal factors driving the shortage are analyzed - including the surge in attention-deficit/hyperactivity disorder (ADHD) diagnoses, expanded use of telehealth services, and disproportionate impact of the shortage on marginalized communities. It's argued that existing health inequities are exacerbated by barriers to medication access as current regulatory frameworks are ill-equipped to address the growing demand for prescription stimulants, causing substantial harm to patients. A series of reforms are proposed - including modernizing the DEA's quota system, strengthening interagency collaboration between the DEA, FDA, and HHS, and diversifying pharmaceutical supply chains to enhance resilience. These reforms aim to balance the dual imperatives of preventing misuse and ensuring equitable access to medications for patients with legitimate medical needs. By offering a comprehensive analysis of the prescription stimulant shortage and actionable policy recommendations, this paper seeks to inform regulatory reform, foster a more adaptive, patient-centered approach to ADHD care, and provide a roadmap for addressing one of the most pressing healthcare challenges of our time.","PeriodicalId":50165,"journal":{"name":"Journal of Law Medicine & Ethics","volume":" ","pages":"88-94"},"PeriodicalIF":1.3,"publicationDate":"2026-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145745498","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Challenges to Improving Health Care Delivery Through ERISA Fiduciary Litigation. 通过ERISA信托诉讼改善医疗保健服务的挑战。

IF 1.3 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2026-01-01 Epub Date: 2026-03-25 DOI: 10.1017/jme.2026.10231

Norman Stein, Elizabeth Hopkins

引用次数: 0

So You Think You Know Who's the "Legally Authorized Representative": Clinical Research Hits a Snag. 所以你认为你知道谁是“合法授权代表”：临床研究遇到了障碍。

IF 1.3 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2026-01-01 Epub Date: 2026-03-25 DOI: 10.1017/jme.2026.10228

Haavi Morreim

引用次数: 0

The Limits of Litigation: An Interview-Based Analysis of the Limits of Case Law in Developing Patients' Autonomy-Based Rights in Medical Practice. 诉讼的限制：基于访谈的判例法在医疗实践中发展患者自主权利的限制分析。

IF 1.3 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2026-01-01 DOI: 10.1017/jme.2026.10242

Annie Mackley, Caitriona L Cox, Zoe Fritz

{"title":"The Limits of Litigation: An Interview-Based Analysis of the Limits of Case Law in Developing Patients' Autonomy-Based Rights in Medical Practice.","authors":"Annie Mackley, Caitriona L Cox, Zoe Fritz","doi":"10.1017/jme.2026.10242","DOIUrl":"10.1017/jme.2026.10242","url":null,"abstract":"There is a widespread perception among academics, doctors and patients that the common law can effectively drive the development and incorporation of patients' autonomy-based rights into medical practice. However, there is reason to doubt that this is correct.We present a critical analysis of this view, prompted by themes that emerged from interviews with n=31 lawyers and n=24 doctors as part of a larger interdisciplinary study. We focus on the limitations of case law in driving autonomy-respecting clinical practice. Part I examines how the development and impact of decided cases is dominated by practical and economic considerations. It also considers the lack of understanding of case law among clinicians and the extent to which this limits its ability to drive change. Part II sets out our reasons for treating these limitations as a cause for concern. In Part III, we conclude by considering different levers for supporting case law in creating or confirming autonomy-respecting norms in medical practice, suggesting ways in which these might be developed further.We argue that clinical negligence litigation is important as a guide to clinical practice and a means of enforcing autonomy-based patient rights but that it cannot be relied upon to drive changes in practice. Both professional guidance and legislation can augment case law but, for them to be effective, proper communication between doctors and legislators, courts, lawyers and insurance organizations is essential.","PeriodicalId":50165,"journal":{"name":"Journal of Law Medicine & Ethics","volume":" ","pages":"162-168"},"PeriodicalIF":1.3,"publicationDate":"2026-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147534348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

All Restrained Patients Are Not the Same. 所有受约束的病人都不一样。

IF 1.3 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2026-01-01 Epub Date: 2026-10-15 DOI: 10.1017/jme.2026.10278

Jacob M Appel

引用次数: 0

Artificial Intelligence in Health Insurance: An Interagency Framework for Federal and State Oversight. 健康保险中的人工智能：联邦和州监督的机构间框架。

IF 1.3 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2026-01-01 Epub Date: 2026-10-15 DOI: 10.1017/jme.2026.10269

Renee Sirbu

{"title":"Artificial Intelligence in Health Insurance: An Interagency Framework for Federal and State Oversight.","authors":"Renee Sirbu","doi":"10.1017/jme.2026.10269","DOIUrl":"https://doi.org/10.1017/jme.2026.10269","url":null,"abstract":"Despite mounting enthusiasm regarding the introduction of artificial intelligence (AI) software as a medical device (SaMD) to clinical care and, consequently, the development of a new regulatory proposal for the federal oversight of AI/machine learning medical devices, little attention has been paid to the oversight of AI tools used by large insurers. The US Food and Drug Administration (FDA) has advanced an \"Action Plan\" for clinical AI governance. However, the unregulated application of insurance AI still threatens US healthcare delivery. I use insurance AI tools in the Medicare Advantage (MA) prior authorization pathway as an illustrative case to argue that these technologies require further regulatory attention through interagency collaboration. I identify three agencies at the federal level (i.e., Centers for Medicare & Medicaid Services, Office for Civil Rights, and Office of the National Coordinator for Health Information Technology) which, alongside state-level governance (i.e., through state insurance commissioners), are equipped to expand their regulatory jurisdiction to encompass insurance AI. I advance a framework that harmonizes existing authorities, assigns clear responsibilities, establishes accountability, and creates mechanisms for continuous improvement, respecting agency expertise while ensuring coordination. My aim is to ultimately shift the regulatory paradigm from reactive enforcement to proactive oversight that prevents the deployment of flawed tools in insurance pathways.","PeriodicalId":50165,"journal":{"name":"Journal of Law Medicine & Ethics","volume":"54 3","pages":"387-396"},"PeriodicalIF":1.3,"publicationDate":"2026-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149197413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

An Analysis of Legal Considerations for Sharing Data Through Community Information Exchanges (CIEs). 通过社区信息交换（CIEs）共享数据的法律考量分析

IF 1.3 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2026-01-01 Epub Date: 2026-04-16 DOI: 10.1017/jme.2026.10238

Stephen Murphy, Meghan Mead, Emma Kaeser

{"title":"An Analysis of Legal Considerations for Sharing Data Through Community Information Exchanges (CIEs).","authors":"Stephen Murphy, Meghan Mead, Emma Kaeser","doi":"10.1017/jme.2026.10238","DOIUrl":"10.1017/jme.2026.10238","url":null,"abstract":"Amid growing interest in the integration of health and social care to improve outcomes, communities across the United States have explored development of Community Information Exchanges (CIEs). A CIE is a community governed infrastructure that enables critical health and social information to be responsibly shared among partner organizations in support of holistic coordination of care. The development and use of a CIE give rise to a host of legal and policy challenges. Use and disclosure of data through a CIE are governed by a patchwork of different legal requirements, at times distinct and at times overlapping. Development of a legal framework for a CIE requires attention to clearly articulated data flows, detailed use cases, strong legal agreements and policy considerations. CIEs typically rely on an individual's express consent to share their information, requiring careful evaluation of applicable laws and regulations and promotion of community trust and equity. And because many participants in a CIE are HIPAA covered entities, functions of the CIE must fit within HIPAA's regulatory framework. This article examines in depth two components of a sound legal framework-consent models and HIPAA compliance-identifying considerations and lessons learned to support lawful and ethical information sharing through a CIE.","PeriodicalId":50165,"journal":{"name":"Journal of Law Medicine & Ethics","volume":"54 S1","pages":"54-61"},"PeriodicalIF":1.3,"publicationDate":"2026-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147693267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Legal Landscape for Supported Decision-Making in the United States and its Application to Clinical Research. 美国辅助决策的法律环境及其在临床研究中的应用。

IF 1.3 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2026-01-01 DOI: 10.1017/jme.2025.10202

Nina A Kohn, Megan S Wright, Robert D Dinerstein

引用次数: 0

"I Want to Be Interdependent": An Exploratory Study on the Use of Supported Decision-Making for People with Serious Mental Illness. “我要相互依赖”：重度精神疾病患者辅助决策应用的探索性研究

IF 1.3 4区哲学

Journal of Law Medicine & Ethics Pub Date : 2026-01-01 DOI: 10.1017/jme.2025.10189

Fitore Hyseni, Jonathan G Martinis, Fatma Altunkol Wise, Nanette J Goodman, Elyn R Saks, Peter Blanck

引用次数: 0