Journal of Law and Health articles from June 1999

Journal of Law and Health archives from June 1999

Is HIV a disability under the Americans with Disabilities Act: unanswered questions after Bragdon v. Abbott.(Bragdon v. Abbott)
June 22, 1999... I. INTRODUCTION The condition known as acquired immunodeficiency syndrome ("AIDS") was first reported to the Centers for Disease Control (CDC) in 1981. (2) By 1983, scientists had identified a new human retrovirus called HIV or Human...

Exclusive or concurrent competence to make medical decisions for adolescents in the United States and United Kingdom.
June 22, 1999... I. COMPETENCY TO MAKE MEDICAL DECISIONS Making decisions about receiving or refusing medical diagnosis and treatment continues to challenge health care providers, legislators, lawyers and judges, ethicists, patients, and families. For the...

Consent to sperm retrieval and insemination after death or persistent vegetative state.
June 22, 1999... I. INTRODUCTION Removal of sperm from a man's body after death was first reported in 1980, in a case involving a 30-year-old man who died following a motor vehicle accident and whose family requested that his sperm be extracted and frozen....

Defining "willful" remuneration: how Bryan v. United States affects the scienter requirement of the medicare/medicaid anti-kickback statute.
June 22, 1999... I. INTRODUCTION The General Accounting Office and the Department of Health and Human Services (the "DHHS") recently estimated that Medicare pays $23 billion a year in fraudulent medical claims. (1) Not surprisingly, many health care...

The tobacco industry and the First Amendment (1): an analysis of the 1998 Master Settlement Agreement.
June 22, 1999... I. INTRODUCTION Prior to 1995, the tobacco industry was an impenetrable fortress. The industry admitted nothing, denied everything, and successfully defended nearly every lawsuit filed against it. (2) Then, in 1995, a war was waged against...

"Calling Dr. Love": the physician-patient sexual relationship as grounds for medical malpractice - society pays while the doctor and patient play.
June 22, 1999... I. INTRODUCTION Sex. A simple word encapsulating a plethora of emotions. By now everyone is familiar with the President Clinton-Monica Lewinsky scandal, or ZipperGate as it is more affectionately labeled by the press. The President was...