Journal of health law最新文献_第3页

A Study of Patient Decision Aids (PtDAs) for Shared Decision Making in Medical Decisions 用于医疗决策共享决策的患者决策辅助系统研究

Journal of health law Pub Date : 2014-01-01 DOI: 10.38046/APJHLE.2014.8.1.006

Eunyoung Lee

引用次数: 2

A Study on Regulation (EC) No 1394/2007 on Advanced Therapy Medicinal Products in European Union 关于欧盟先进治疗药品法规(EC) No 1394/2007的研究

Journal of health law Pub Date : 2014-01-01 DOI: 10.38046/APJHLE.2014.8.2.009

Soohun Park

引用次数: 0

A Daubert Analysis of Abusive Head Trauma/Shaken Baby Syndrome — Part II: An Examination of the Differential Diagnosis 虐待性头部创伤/摇晃婴儿综合征的Daubert分析-第二部分:鉴别诊断的检查

Journal of health law Pub Date : 2013-07-01 DOI: 10.2139/SSRN.2288126

S. Narang, John D. Melville, C. Greeley, J. Anderst, S. Carpenter, B. Spivack

{"title":"A Daubert Analysis of Abusive Head Trauma/Shaken Baby Syndrome — Part II: An Examination of the Differential Diagnosis","authors":"S. Narang, John D. Melville, C. Greeley, J. Anderst, S. Carpenter, B. Spivack","doi":"10.2139/SSRN.2288126","DOIUrl":"https://doi.org/10.2139/SSRN.2288126","url":null,"abstract":"For reasons inexplicable to many physicians, and unbeknownst to many others, the diagnosis of Abusive Head Trauma/Shaken Baby Syndrome (AHT/SBS) remains a lightning rod for controversy. Recent legal commentary has suggested that there is insufficient science girding this diagnosis. In Part I of the analysis on this topic, Dr. Narang presented a relatively comprehensive analysis of the current science surrounding AHT/SBS, and more specifically, surrounding two of the most common injuries found in AHT/SBS — subdural hemorrhages (SDHs) and retinal hemorrhages (RHs). Dr. Narang asserted that the diagnosis of AHT is supported by \"at least 700 peer-reviewed, clinical medical articles comprising thousands of pages of medical literature, published by over one thousand different medical authors, from at least twenty-eight different countries.\" In response to this article, Findley et al reiterated an insufficient scientific basis for the diagnosis, citing, amongst other things, logical fallacies (such as \"circularity\" and \"the prosecutor's fallacy\") as premises for the fallacious literature. In Part II of this analysis, Narang et al swing the microscope in the opposite direction. Narang et al scrutinize the \"differential diagnosis\" of AHT, and the differential diagnosis methodology itself, to ascertain whether the scientific process of coming to the AHT diagnosis meets reliability and relevancy criteria under Daubert.","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2013-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2288126","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68065726","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: 10

A Daubert Analysis of Abusive Head Trauma/Shaken Baby Syndrome 虐待性头部创伤/摇晃婴儿综合征的Daubert分析

Journal of health law Pub Date : 2011-08-29 DOI: 10.2139/SSRN.1919054

S. Narang

引用次数: 29

“Bioethics” as a New Challenge to Philosophy “生命伦理学”对哲学的新挑战

Journal of health law Pub Date : 2009-03-01 DOI: 10.5840/WCP22200810971

Kyungsuk Choi

{"title":"“Bioethics” as a New Challenge to Philosophy","authors":"Kyungsuk Choi","doi":"10.5840/WCP22200810971","DOIUrl":"https://doi.org/10.5840/WCP22200810971","url":null,"abstract":"The advance of medical and biological science and technology has presented us with new ethical and legal issues. Is embryonic stem cell research morally justified and legally allowed? What moral status do embryos have? Who can be a morally appropriate user of In Vitro fertilization? Who can use donated sperm and/or egg? What is the scope of reproductive liberty? What is the meaning of a family and that of reproduction? How far does our genetic intervention go? Scientists, lawyers, and laymen are waiting for clear answers from philosophers. Unfortunately, philosophers have not seemed to give satisfactory answers to them. We may have various reasons. One of main reasons, however, seems to me that the above philosophical questions have not been the main research topics for philosophers since philosophy gave up metaphysical and/or religious questions. Thus, I argue that biomedical ethical issues urge philosophers to change the philosopher’s attitude of doing philosophy. Those issues make them consider and rethink our fundamental concepts of life, death, family, and values pursued by human beings. In addition, it is easy to find conflicting ethical and philoso-phical answers to the above questions. Thus, it is very hard to reach consensus on the above ethical issues. This makes philosophers consider how we make a group decision over ethical issues showing conflicting but reasonable ethical answers in a plural society. This requires philosophers, especially scholars of ethics, develop a new ethics and its relevant concepts. This ethics must be able to work in a plural society where reasonable comprehensive belief systems coexist. In these respects, I argue that bioethics has to struggle with a new challenge to philosophy.","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2009-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70971388","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

Women, Egg Donation & Ethics : Women’s Rights in Somatic Cell Nuclear Transfer (SCNT) Research 妇女、卵子捐赠与伦理:妇女在体细胞核移植(SCNT)研究中的权利

Journal of health law Pub Date : 2007-09-30 DOI: 10.38046/APJHLE.2007.1.1.006

Kyongjin Ahn

引用次数: 0

Notes and comments "High and dry?" The Public Readiness and Emergency Preparedness Act and liability protection for pharmaceutical manufacturers. “又高又干?”《公众准备和应急准备法》和药品制造商的责任保护。

Journal of health law Pub Date : 2007-01-01

B Kurt Copper

{"title":"Notes and comments \"High and dry?\" The Public Readiness and Emergency Preparedness Act and liability protection for pharmaceutical manufacturers.","authors":"B Kurt Copper","doi":"","DOIUrl":"","url":null,"abstract":"In an era filled with fears of bioterrorism, Congress approved the Public Readiness and Emergency Preparedness Act (PREPA) to encourage development of vaccines and other countermeasures. By providing pharmaceutical manufacturers with protection from liability for potential side effects, Congress has attempted to motivate manufacturers to produce a national stockpile of countermeasures. As part of PREPA, the government established a compensatory system intended to provide compensation to persons injured by countermeasures used during a public health emergency. Although the Act provides for a compensation fund, it fails to allocate monies for that fund. Thus, in the absence of further congressional action, PREPA will not provide compensation to those injured by countermeasures. Failing to assure the American public of a compensation program constitutes bad public policy and risks inspiring potential vaccinees to refuse necessary drugs. Additionally, arguments as to the constitutionality of the Act exist should Congress fail to adequately fund the program, and the existence of those arguments undermines the purpose of the Act--namely to assure pharmaceutical manufacturers that they will not be sued into oblivion should they attempt to aid national pandemic protection. In addition to detailing both the Act and the statutory precedent for congressional attempts to spur biodefense, this Article addresses important issues of healthcare, tort, and constitutional law that will continue to manifest themselves in this new era of bioterrorism.","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26761260","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

Prescription or proscription? The general failure of attempts to litigate and legislate against PBMS as "fiduciaries," and the role of market forces allowing PBMS to contain private-sector prescription drug prices. 处方还是禁药?对作为“受托人”的药品福利管理公司提起诉讼和立法的努力普遍失败，以及市场力量允许药品福利管理公司控制私营部门处方药价格的作用。

Journal of health law Pub Date : 2007-01-01

Thomas P O'Donnell, Mark K Fendler

{"title":"Prescription or proscription? The general failure of attempts to litigate and legislate against PBMS as \"fiduciaries,\" and the role of market forces allowing PBMS to contain private-sector prescription drug prices.","authors":"Thomas P O'Donnell, Mark K Fendler","doi":"","DOIUrl":"","url":null,"abstract":"Pharmacy benefit managers (PBMs), which generally administer prescription drug benefits as one component of an employer's or other sponsor's health insurance plan, have come under fire in recent years for turning profits at a time when consumer advocates and employers are struggling to contain the costs of health insurance and prescription drugs. Lawsuits alleging that PBMs are breaching certain fiduciary duties to the health plans they serve, however, have failed for the most part on grounds that PBMs are not \"fiduciaries\" under the Employee Retirement Income Security Act (ERISA). Moreover, states' attempts to regulate PBMs through legislation imposing fiduciary obligations and other related requirements have also generally failed for many different reasons. This Article examines the PBM industry, recent legal developments concerning PBMs' status as ERISA \"fiduciaries\", the arguments being made for and against stricter regulation of PBMs' business practices, and why litigation and legislation attempting to impose fiduciary obligations upon PBMs have generally failed. The authors conclude that it is market forces and competition, rather than litigation or legislation, that will effectively motivate PBMs to play a role in the cost containment of prescription drugs in the years ahead.","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40958214","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

"No compensation" or "pro compensation": Moore v. Regents and default rules for human tissue donations. “无补偿”或“支持补偿”:摩尔诉董事和人体组织捐赠的默认规则。

Journal of health law Pub Date : 2007-01-01

Russell Korobkin

引用次数: 0

Doctors, apologies, and the law: an analysis and critique of apology laws. 医生、道歉与法律:对道歉法的分析与批判。

Journal of health law Pub Date : 2007-01-01

Marlynn Wei

引用次数: 0