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- 1From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedTo the woman, God said, "I will greatly multiply your pain in child bearing; in pain you shall bring forth children, yet your desire shall be for your husband, and he shall rule over you." Genesis 3:16 There is...
- 2From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedIn County of Tuolumne v. Sonora Community Hospital, the Ninth Circuit held that a hospital's denial of Cesarean section privileges to general family practitioners was neither a federal or state antitrust conspiracy nor...
- 3From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedFederal and state laws create a tightly controlled system for distribution of those drugs that have recognized value in therapy, but also have the potential for abuse. The challenges pharmacists face in keeping...
- 4From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedOn September 1, 2000, the Alabama Supreme Court held that two state-employed medical residents were not entitled to state-agent immunity from malpractice lawsuits after they delivered a baby now affected by a seizure...
- 5From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedThe modern day pharmacist's role is expanding beyond the image of sentry of the pharmaceutical supply, filling prescriptions with accuracy and appropriateness, to the duty of caring for patients through their course of...
- 6From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedPain[1] is undertreated in the American health-care system at all levels: physician offices, hospitals, long-term care facilities.[2] The result is needless suffering for patients, complications that cause further...
- 7From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedIn Harry v. Marchant, the U.S. Court of Appeals for the Eleventh Circuit held that the Emergency Medical Treatment and Active Labor Act (EMTALA) requires screening patients for medical emergencies and providing...
- 8From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedOn December 14, 2000, the U.S. Equal Employment Opportunity Commission (EEOC)[1] found[2] that the exclusion of prescription contraceptives from a health insurance plan is a violation of Title VII of the Civil Rights...
- 9From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedPain strikes women more frequently and at more intense levels than it does men. Yet health-care providers seem less inclined to take women's complaints of pain seriously: Even though women are more likely to seek...
- 10From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedOn December 29, 2000, the Ninth Circuit affirmed the Arizona District Court's decision in Forbes v. Napolitano to strike down Arizona's ban on fetal tissue research.[1] Arizona's law banning fetal tissue experimentation...
- 11From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedRace and ethnicity cast a large shadow over pain treatment. Research demonstrates that blacks and Hispanics are less likely than whites to receive effective pain treatment -- a finding that holds true across healthcare...
- 12From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedThe Pennsylvania Supreme Court in Moorehead v. Crozer Chester Medical Center held that compensatory damages for medical malpractice are limited to the actual amount paid out by Medicare and private insurance for medical...
- 13From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedSince 1995, the American Society of Law, Medicine & Ethics, with the generous and steadfast support of the Mayday Fund, has generated the research that is essential for changing public policy regarding effective pain...
- 14From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedIn Olszewski v. Bloomberg LP,[1] the U.S. District Court for the Southern District of New York vacated an order compelling an attorney to produce his confidential health-care records in his defense against a former...
- 15From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedIn what is clearly an important development related to research integrity and the protection of human research subjects, the U.S. government has instituted two new training requirements as a condition of receiving...
- 16From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedThe threat of medical malpractice potentially provides a strong incentive for health-care practitioners to improve their treatment of pain. Yet, thus far, few malpractice suits have been filed for the mismanagement of...
- 17From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedThe "Stark" provisions were first introduced by U.S. Representative Fortney Stark (D-CA) as part of the Omnibus Budget Reconciliation Act of 1989 (hereinafter OBRA 1989). They are referred to as the Stark I...
- 18From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedOn May 1, 2000, three Texas parents filed a national class action suit against the American Psychiatric Association (APA) and the drug manufacturer, Novartis Pharmaceuticals Corp., which is the primary American supplier...
- 19From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedOn December 19, 2000, the National Bioethics Advisory Commission issued a draft report calling for a drastic overhaul of the federal protection granted to human research subjects. In the document, Ethical and Policy...
- 20From: Journal of Law, Medicine & Ethics. (Vol. 29, Issue 1) Peer-ReviewedI would like for them to know that I am in pain or this part of my body hurts or the other part hurts -- that I am not lying about it. To examine me and to cut down on the pain.... And help me out.[1] Patient with...