Journal of Law and Health articles from March 2000

Journal of Law and Health archives from March 2000

Employer sponsored health benefit plans under ERISA after Pegram v. Herdrich: the fiduciary duty argument and mixed eligibility versus treatment decisions.(Employee Retirement Income Security Act of 1974)
March 22, 2000... I. INTRODUCTION AND BACKGROUND On June 12, 2000, a unanimous Supreme Court quietly rendered what will almost certainly become a landmark decision in healthcare law relative to the interpretation and application of fiduciary duties in an...

More hippocrates, less hypocrisy: "early offers" as a means of implementing the Institute of Medicine's recommendations on malpractice law.
March 22, 2000... I. INTRODUCTION According to disturbing, if admittedly controversial, estimates found in To Err is Human: Building a Safer Health System, a 1999 report published by the Institute of Medicine [hereinafter "IOM"], between 44,000 and 98,000...

The punishment of "health care fraud".
March 22, 2000... I. INTRODUCTION Skyrocketing health care costs have remained an issue of national concern for most of this decade. (2) Many Americans have come to believe that one of the primary causes for the substantial increase in the cost of health...

Biomedical and behavioral research on juvenile inmates: uninformed choices and coerced participation.
March 22, 2000... I. INTRODUCTION In 1997, Stanford University and the California Youth Authority [hereinafter "CYA"] conducted a biomedical research experiment on sixty-one male inmates from ages fourteen to eighteen. (1) All of the subjects were given a...

Wrongful birth and wrongful conception: a parent's need for a cause of action.
March 22, 2000... I. INTRODUCTION Thomasine McAllister and her husband Edward had their first child in May of 1991. (1) A month later, the McAllisters received a letter from the State Health Department advising them that they may be carriers of genetic...

Genetic research: Are more limitations needed in the field?
March 22, 2000... I. INTRODUCTION Each year scientists uncover new mysteries, make miraculous discoveries, and perfect processes that will aid them in curing thousands of debilitating and fatal diseases. In the past century, several of the most fascinating...