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Books > Law > Laws of other jurisdictions & general law > Social law > Public health & safety law
A behind-the-scenes examination of the special court dedicated to
claims that vaccines have caused harm The so-called vaccine court
is a small special court in the United States Court of Federal
Claims that handles controversial claims that a vaccine has harmed
someone. While vaccines in general are extremely safe and
effective, some people still suffer severe vaccine reactions and
bring their claims to vaccine court. In this court, lawyers,
activists, judges, doctors, and scientists come together, sometimes
arguing bitterly, trying to figure out whether a vaccine really
caused a person's medical problem. In Vaccine Court, Anna Kirkland
draws on the trials of the vaccine court to explore how legal
institutions resolve complex scientific questions. What are vaccine
injuries, and how do we come to recognize them? What does it mean
to transform these questions into a legal problem and funnel them
through a special national vaccine court, as we do in the US? What
does justice require for vaccine injury claims, and how can we
deliver it? These are highly contested questions, and the terms in
which they have been debated over the last forty years are highly
revealing of deeper fissures in our society over motherhood,
community, health, harm, and trust in authority. While many
scholars argue that it's foolish to let judges and lawyers decide
medical claims about vaccines, Kirkland argues that our political
and legal response to vaccine injury claims shows how well legal
institutions can handle specialized scientific matters. Vaccine
Court is an accessible and thorough account of what the vaccine
court is, why we have it, and what it does.
Die Arbeitsgemeinschaft Rechtsanwalte im Medizinrecht e. V. wurde
1986 von Rechtsanwalten gegrundet mit dem Ziel, Mitglieder auf
medizinischem und medizinrechtlichem Gebiet weiterzubilden, an der
Weiterentwicklung des Rechtsgebiets mitzuwirken und oeffentlich u.
a. fur eine Verbesserung des Arzt-Patienten-Verhaltnisses
einzutreten. Die Festschrift, die zum 25-jahrigen Jubilaum der
Arbeitsgemeinschaft herausgegeben wird, enthalt Beitrage namhafter
Autoren zum Thema Arzthaftungsrecht.
The volume presents the reports and discussions held at the
conference of the a oeAssociation of German Constitutional Law
Teachersa in Freiburg from October 3rd to October 6th, 2007.
The recent pandemic has clarified the overwhelming connection
between the workplace and technology. With thousands of employees
suddenly forced to work at home, a large segment of the workforce
quickly received crash courses in videoconferencing and other
technologies, and society as a whole took a step back to redefine
what employment actually means. The virtual workplace is the
blending of brick-and-mortar physical places of business with the
advanced technologies that now make it possible for workers to
perform their duties outside of the office. Trying to regulate in
this area requires the application of decades old employment laws
to a context never even contemplated by the legislatures that wrote
those rules. This book explores the emerging issues of virtual
work-defining employment, litigating claims, aggregating cases,
unionizing workers, and preventing harassment-and provides clarity
to these areas, synthesizing the current case law, statutory rules,
and academic literature to provide guidance to workers and
companies operating in the technology sector.
Why medicine adopts ineffective or harmful medical practices only
to abandon them-sometimes too late. Medications such as Vioxx and
procedures such as vertebroplasty for back pain are among the
medical "advances" that turned out to be dangerous or useless. What
Dr. Vinayak K. Prasad and Dr. Adam S. Cifu call medical reversal
happens when doctors start using a medication, procedure, or
diagnostic tool without a robust evidence base-and then stop using
it when it is found not to help, or even to harm, patients. In
Ending Medical Reversal, Drs. Prasad and Cifu narrate fascinating
stories from every corner of medicine to explore why medical
reversals occur, how they are harmful, and what can be done to
avoid them. They explore the difference between medical innovations
that improve care and those that only appear to be promising. They
also outline a comprehensive plan to reform medical education,
research funding and protocols, and the process for approving new
drugs that will ensure that more of what gets done in doctors'
offices and hospitals is truly effective.
A timely examination of how restrictive policies force women to
travel both within and across national borders to access abortion
services. Safe, legal, and affordable abortion is widely recognized
as an essential medical service for women across the world. When
access to that service is denied or restricted, women are compelled
to carry unwanted pregnancies to term, seek backstreet
abortionists, attempt self-induced abortions, or even travel to
less restrictive states, provinces, and countries to receive care.
Abortion across Borders focuses on travel across domestic and
international boundaries to terminate a pregnancy. Christabelle
Sethna and Gayle Davis have gathered a cadre of authors to examine
how restrictive policies force women to move both within and across
national borders in order to reach abortion providers, often at
great expense, over long distances and with significant safety
risks. Taking historical and contemporary perspectives,
contributors examine the situation in regions that include Texas,
Prince Edward Island, Ireland, Australia, the United Kingdom, and
Eastern Europe. Throughout, they take a feminist intersectional
approach to transnational travel and access to abortion services
that is sensitive to inequalities of gender, race, and class in
reproductive health care. This multidisciplinary volume raises
challenging logistical, legal, and ethical questions while
exploring the gendered aspects of medical tourism. A noticeable
rollback of reproductive rights and renewed attention to border
security in many parts of the world will make Abortion across
Borders of timely interest to scholars of gender and women's
studies, health, medicine, law, mobility studies, and reproductive
justice. Contributors: Barbara Baird, Niklas Barke, Anna Bogic,
Hayley Brown, Lori A. Brown, Cathrine Chambers, Ewelina Ciaputa,
Gayle Davis, Mary Gilmartin, Agata Ignaciuk, Sinead Kennedy, Lena
Lennerhed, Jo-Ann MacDonald, Colleen MacQuarrie, Jane O'Neill,
Clare Parker, Christabelle Sethna, Sally Sheldon
Drawing from experience internationally, on recent and important
developments in regulatory theory, and upon models and approaches
constructed during the author's empirical research, this book
addresses the question: how can law influence the internal
self-regulation of organisations in order to make them more
responsive to occupational health and safety concerns? In this
context, it is argued that Occupational Health and Safety
management systems have the potential to stimulate models of
self-organisation within firms in such a way as to make them
self-reflective and to encourage informal self-critical reflection
about their occupational health and safety performance. This book
argues for a two track system of regulation under which enterprises
are offered a choice between a continuation of traditional forms of
regulation and the adoption of a safety management system-based
approach on the other. The book concludes with a discussion of the
use of criminal and administrative sanctions to provide
organisations with incentives to adopt effective Occupational
Health and Safety management systems. The book proposes a wider
range of criminal sanctions and sentencing guidelines to ensure
employers receive sentencing discounts where they have introduced
effective management systems.
Why does US health care have such high costs and poor outcomes? Dr.
David S. Guzick offers this critique of the American health care
industry and argues that it could work more effectively by
rebalancing care, cost, and access. For decades, the United States
has been faced with a puzzling problem: Despite spending much more
money per capita on health care than any other developed nation,
its population suffers from notoriously poorer health. In
comparison with 10 other high-income nations, in fact, the US has
the lowest life expectancy at birth, the highest rates of infant
and neonatal mortality, and the most inequitable access to
physicians when adjusted for need. In An Introduction to the US
Health Care Industry, Dr. David S. Guzick takes an in-depth look at
this troubling issue. Bringing to bear his unique background as a
physician, economist, former University of Rochester medical school
dean, and former president of the University of Florida Health
System, Dr. Guzick shows that what we commonly refer to as the US
health care "system" is actually an industry forged by a unique
collection of self-interested and disjointed stakeholders. He
argues that the assumptions underlying well-functioning markets do
not align with health care. The resulting market imperfections,
combined with entrenched industry stakeholders, have led to a
significant imbalance of care, cost, and access. Using a
nontechnical framework, Dr. Guzick introduces readers to the
economic principles behind the function-and dysfunction-of our
health care industry. He shows how the market-based approach could
be expected to remedy these problems while detailing the realities
of imperfections, regulations, and wealth inequality on those
functions. He also analyzes how this industry developed, presenting
the conceptual underpinnings of the health care industry while
detailing its history and tracing the creation and entrenchment of
the current federation of key stakeholders-government, insurance
companies, hospitals, doctors, employers, and drug and device
manufacturers. In the final section of the book, Dr. Guzick looks
to the future, describing the prevention, innovation, and
alternative financing models that could help to rebalance the
priorities of care, cost, and access that Americans need. An online
supplement on COVID-19 is available, as is a discussion guide for
instructors. To access this supplemental material, please visit
www.jhupbooks.press.jhu.edu.
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