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Comments on privacy and medicine. 关于隐私和医学的评论。
IF 1
The Journal of Legal Studies Pub Date : 2001-06-01 DOI: 10.1086/342029
M Koetting
{"title":"Comments on privacy and medicine.","authors":"M Koetting","doi":"10.1086/342029","DOIUrl":"https://doi.org/10.1086/342029","url":null,"abstract":"<p><p>The ease of access to medical data on the one hand and the privacy rights of the individual on the other coexist in a delicate balance. Therefore, it is necessary to carefully consider the trade-offs between the two. One approach might be to consider the nature of possible violations of privacy and determine the costs and benefits of avoiding those violations. Not all violations are equally dangerous. Moreover, some violations of privacy are sanctioned by policy (for example, preexisting medical conditions). Society needs to be careful to distinguish between these kinds of privacy issues and those that require technical solutions. Technical solutions tend to be expensive and can create other dangers by impeding access to important medical information.</p>","PeriodicalId":515223,"journal":{"name":"The Journal of Legal Studies","volume":"30 2","pages":"703-7"},"PeriodicalIF":1.0,"publicationDate":"2001-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/342029","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22307125","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Privacy and medicine: a comment. 隐私和医学:评论。
IF 1
The Journal of Legal Studies Pub Date : 2001-06-01 DOI: 10.1086/342030
C R Sunstein
{"title":"Privacy and medicine: a comment.","authors":"C R Sunstein","doi":"10.1086/342030","DOIUrl":"https://doi.org/10.1086/342030","url":null,"abstract":"<p><p>One of the characteristics of a free society should be a strong presumption in favor of full patient control over personal information. The presumption is rebutted when disclosure to others is necessary (1) for good patient care, as in the case of consultations and medical teams; (2) to compile information that will produce scientific or medical progress; (3) to protect third parties from serious risks of harm; and (4) to prevent harm to patients themselves. In all of these cases, identifying information should be removed unless it is necessary. Principles of this sort should be implemented via physician norms, in fact publicly acknowledged physician norms, and (only) if necessary, by more formal regulations, private and public.</p>","PeriodicalId":515223,"journal":{"name":"The Journal of Legal Studies","volume":"30 2","pages":"709-14"},"PeriodicalIF":1.0,"publicationDate":"2001-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/342030","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22307124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Hospitalists and the doctor-patient relationship. 医院医生和医患关系。
IF 1
The Journal of Legal Studies Pub Date : 2001-06-01 DOI: 10.1086/339294
D Meltzer
{"title":"Hospitalists and the doctor-patient relationship.","authors":"D Meltzer","doi":"10.1086/339294","DOIUrl":"https://doi.org/10.1086/339294","url":null,"abstract":"<p><p>Hospitalists--physicians whose practice focuses on the care of hospitalized general medicine patients--are increasingly common in the United States, often displacing primary care physicians from this role. While advocates of hospitalists point to evidence of cost reduction and perhaps improved short-run outcomes, critics question whether costs or long-run outcomes are improved and whether there may be insidious effects on the doctor-patient relationship. I define a framework for addressing these questions, assess the available evidence, and identify a research agenda to better understand the implications of the hospitalist movement for the doctor-patient relationship. Using a framework that emphasizes general and patient-specific knowledge as crucial to a successful doctor-patient relationship, I argue that the success of the hospitalist model will depend on its ability to continue to develop its areas of technical expertise while ensuring care that is both continuous and appropriate to the needs and values of individual patients.</p>","PeriodicalId":515223,"journal":{"name":"The Journal of Legal Studies","volume":"30 2","pages":"589-606"},"PeriodicalIF":1.0,"publicationDate":"2001-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/339294","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22298001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 46
Medical privacy and research. 医疗隐私和研究。
IF 1
The Journal of Legal Studies Pub Date : 2001-06-01 DOI: 10.1086/342031
N M Bradburn
{"title":"Medical privacy and research.","authors":"N M Bradburn","doi":"10.1086/342031","DOIUrl":"https://doi.org/10.1086/342031","url":null,"abstract":"<p><p>Medical records are increasingly kept in electronic form. The existence of large medical databases raises new questions about privacy and control over that information. When records exist in a form that can easily be shared with others, there are legitimate privacy concerns. This paper argues that this fear is not properly a privacy issue, but rather concerns the viability of social norms that govern the doctor-patient relationship and the use of medical information that is obtained within that relationship. When medical information is used for research purposes, the information is transformed into data elements and is no longer about the individuals. Information obtained either in the ordinary course of providing medical care or in the course of conducting research studies for which individuals have given their informed consent does not require further consent to be used as data in research files as long as it is not individually identifiable.</p>","PeriodicalId":515223,"journal":{"name":"The Journal of Legal Studies","volume":"30 2","pages":"687-701"},"PeriodicalIF":1.0,"publicationDate":"2001-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/342031","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22307126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Health care fraud and abuse: market change, social norms, and the trust "reposed on the workmen". 医疗保健欺诈和滥用:市场变化、社会规范和对“工人”的信任。
IF 1
The Journal of Legal Studies Pub Date : 2001-06-01 DOI: 10.1086/324674
D A Hyman
{"title":"Health care fraud and abuse: market change, social norms, and the trust \"reposed on the workmen\".","authors":"D A Hyman","doi":"10.1086/324674","DOIUrl":"https://doi.org/10.1086/324674","url":null,"abstract":"<p><p>Health care fraud and abuse reportedly account for 10 percent of total spending on health care, or about $120 billion per year. Not surprisingly, Congress has granted fraud control personnel sweeping powers with which to attack the problem. Unfortunately, effectively addressing health care fraud is exceedingly complicated, particularly in light of recent major changes in the medical marketplace and the social context of such conduct. Broadly speaking, physicians view such conduct as essential to ensure high-quality care; program administrators view it as the price of the program; fraud control personnel view it as criminal misconduct; and the public's view depends greatly on who is benefitting. Social norms regarding health care fraud vary among these groups as well. The article examines the practical and theoretical challenges associated with attacking health care fraud and the merits of the current fraud control regime in light of these considerations.</p>","PeriodicalId":515223,"journal":{"name":"The Journal of Legal Studies","volume":"30 2","pages":"531-67"},"PeriodicalIF":1.0,"publicationDate":"2001-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/324674","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22298000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 23
Abortion in America: is compromise possible? 美国的堕胎:妥协是可能的吗?
IF 1
The Journal of Legal Studies Pub Date : 1999-01-01
S A Hodges
{"title":"Abortion in America: is compromise possible?","authors":"S A Hodges","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":515223,"journal":{"name":"The Journal of Legal Studies","volume":"10 ","pages":"175-89"},"PeriodicalIF":1.0,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25167135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Childhood competence and autonomy. 童年的能力和自主性。
IF 1
The Journal of Legal Studies Pub Date : 1983-06-01 DOI: 10.1086/467724
F Schoeman
{"title":"Childhood competence and autonomy.","authors":"F Schoeman","doi":"10.1086/467724","DOIUrl":"https://doi.org/10.1086/467724","url":null,"abstract":"FAMILY autonomy and children's rights issues involve subtle empirical and moral problems. The empirical issues relate to childhood judgmental capacities both in general and in specific contexts. The moral issues are wide-ranging and relate to some of the most fundamental issues in moral philosophy and social policy. While the impetus for much of the social interest in children's rights issues is the depressing statistic of child abuse and neglect, the continuous rethinking of social relationships in general and a concern for social justice have also contributed to the intensity of the debate and the range of the alternatives proposed. Legal and social institutions are increasingly integrating children's expressions of their preferences into the catalog of interests that institutions take as carrying weight.' This reflects a reevaluation of the child's social status as something more than an extension of parental interests. While this reevaluation is commendable, it calls into question the place of the child in the family-the child's primary environment. In what follows I want to focus on the relationship between parents and children, especially pre-adolescent and early adolescent children. The particular points I wish to develop can be summarized as follows: There is apparently good evidence that the judgmental capacities of children through age fourteen suffer biases that are significant and germane to autonomy issues; however, such biases have no immediate public policy implications because we lack a precise theory supporting any baseline","PeriodicalId":515223,"journal":{"name":"The Journal of Legal Studies","volume":"12 2","pages":"267-87"},"PeriodicalIF":1.0,"publicationDate":"1983-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/467724","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24945484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
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