Orentlicher uses controversial life-and-death issues as case studies for evaluating three models for translating principle into practice. Physician-assisted suicide illustrates the application of "generally valid rules," a model that provides predictability and simplicity and, more importantly, avoids the personal biases that influence case-by-case judgments. The author then takes up the debate over forcing pregnant women to accept treatments to save their fetuses. He uses this issue to weigh the "avoidance of perverse incentives," an approach to translation that follows principles hesitantly for fear of generating unintended results. And third, Orentlicher considers the denial of life-sustaining treatment on grounds of medical futility in his evaluation of the "tragic choices" model, which hides difficult life-and-death choices in order to prevent paralyzing social conflict.
Health Care Law and Ethics, Ninth Edition offers a relationship-oriented approach to health law—covering the essentials, as well as topical and controversial subjects. The book provides thoughtful and teachable coverage of every aspect of health care law. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field. Key Features: New authors Nick Bagley and Glenn Cohen Incorporated anticipated changes to the Affordable Care Act More current cases and more streamlined notes, including ones on medical malpractice, bioethics, and on finance and regulation More coverage of “conscientious objection” and “big data” - Discussion of new “value based” methods of physician payment - Expanded coverage of “fraud and abuse” Current issues in public health (e.g., Ebola, Zika) and controversies in reproductive choice (e.g., Hobby Lobby) Coverage of cutting-edge genetic technologies (e.g., gene editing and mitochondrial replacement)
The Law of Health Care Finance and Regulation is based on Part III, “Institutions, Providers, and the State,” of parent book Health Care Law and Ethics and adds additional coverage of a variety of issues that have shaped health care finance law. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Key Features: Based on material in Part III of the popular parent book, “Institutions, Providers, and the State,” along with coverage of duty to treat, hospital liability, managed care liability, and regulating access to drugs. Includes cases and material not found in the parent book on: • Judicial and administrative review of Medicare decisions. Certificate of need laws. Review immunity. Integrates public health and ethics issues and features clear notes that provide context, smooth transitions between cases, and background information. Website provides background materials, updates of important events, additional relevant topics and links to other resources on the Internet.
In the Fifth Edition of Bioethics and Public Health Law, financial and ethical issues are integrated into a concise and engaging treatment. This book is based on Part I “The Provider and the Patient” and Part II “The Patient, Provider, and the State,” from Health Care Law and Ethics, Tenth Edition, and adds material on organ transplantation, research ethics, and other topics. The complex relationship between patients, providers, the state, and public health institutions are explored through high-interest cases, informative notes, and compelling problems. New to the Fifth Edition: Thoroughly revised coverage of: Reproductive rights and justice Public health law Extensive coverage of issues relating to COVID-19 Supreme Court decisions on abortion Discussion of emerging topics, such as: Restrictions on medical abortion, interstate travel for abortion, and conflicts with EMTALA Artificial Intelligence Cutting-edge reproductive technologies (such as mitochondrial replacement techniques, uterus transplants, and In Vitro Gametogenesis) Changes to organ allocation rules and attempts to revise “brain death” and the “dead donor rule” in organ transplantation Religious liberty questions that emerged in public health cases during the COVID-19 pandemic Benefits for instructors and students: Comprehensive yet concise, this casebook covers all aspects of bioethics and public health law. Integrates public policy and ethics issues from a relational perspective. Clear notes provide smooth transitions between cases and background information. Companion website, www.health-law.org, provides background materials, updates of important events, additional relevant topics, and links to other resources on the Internet. The book includes cases and materials on bioethics not found in the parent book, such as: Organ transplantation and allocation Research ethics Gene patents
Research on real-world problems--like restoration of wetlands, the needs of the elderly, effective disaster response and the future of the airline industry--requires expert knowledge from a range of disciplines, as well as from stakeholders affected by the problem and those in a position to do something about it. This book charts new territory in taking a systematic approach to research integration using dialogue methods to bring together multiple perspectives. It links specific dialogue methods to particular research integration tasks. Fourteen dialogue methods for research integration are classified into two groups: 1. Dialogue methods for understanding a problem broadly: integrating judgements 2. Dialogue methods for understanding particular aspects of a problem: integrating visions, world views, interests and values. The methods are illustrated by case studies from four research areas: the environment, public health, security and technological innovation.
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