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On August 5, 2010, a cave-in left thirty-three Chilean miners
trapped underground. The Chilean government embarked on a massive
rescue effort that is estimated to have cost between ten and twenty
million dollars. There is a puzzle here. Many mine safety measures
that would have been more cost effective had not been taken in
Chile earlier, either by the mining companies, the Chilean
government or by international donors. The Chilean story
illustrates a persistent puzzle: the identified lives effect. Human
beings show a greater inclination to assist persons and groups
identified as those at high risk of great harm than to assist
persons and groups who will suffer - or already suffer - similar
harm but are not identified as yet. The problem touches almost
every aspect of human life and politics: health, the environment,
the law. What can social and cognitive sciences teach us about the
origin and triggers of the effect? Philosophically and ethically,
is the effect a "bias" to be eliminated or is it morally justified?
What implications does the effect have for health care, law, the
environment and other practice domains? This volume is the first
book to tackle the effect from all necessary perspectives:
psychology, public health, law, ethics, and public policy.
The COVID-19 pandemic has had an enduring effect across the entire
spectrum of law and policy, in areas ranging from health equity and
racial justice, to constitutional law, the law of prisons, federal
benefit programs, election law and much more. This collection
provides a critical reflection on what changes the pandemic has
already introduced, and what its legacy may be. Chapters evaluate
how healthcare and government institutions have succeeded and
failed during this global 'stress test,' and explore how the US and
the world will move forward to ensure we are better prepared for
future pandemics. This timely volume identifies the right questions
to ask as we take stock of pandemic realities and provides guidance
for the many stakeholders of COVID-19's legal legacy. This book is
also available as Open Access on Cambridge Core.
For the average person, genetic testing has two very different
faces. The rise of genetic testing is often promoted as the
democratization of genetics by enabling individuals to gain
insights into their unique makeup. At the same time, many have
raised concerns that genetic testing and sequencing reveal
intensely personal and private information. As these technologies
become increasingly available as consumer products, the ethical,
legal, and regulatory challenges presented by genomics are ever
looming. Assembling multidisciplinary experts, this volume
evaluates the different models used to deliver consumer genetics
and considers a number of key questions: How should we mediate
privacy and other ethical concerns around genetic databases? Does
aggregating data from genetic testing turn people into products by
commercializing their data? How might this data reduce or
exacerbate existing healthcare disparities? Contributing authors
also provide guidance on protecting consumer privacy and safety
while promoting innovation.
Can your employer require you to travel to India for a hip
replacement as a condition of insurance coverage? If injury
results, can you sue the doctor, hospital or insurer for medical
malpractice in the country where you live? Can a country prohibit
its citizens from helping a relative travel to Switzerland for
assisted suicide? What about travel for abortion? In Patients with
Passports, I. Glenn Cohen tackles these important questions, and
provides the first comprehensive legal and ethical analysis of
medical tourism. Medical tourism is a growing multi-billion dollar
industry involving millions of patients who travel abroad each year
to get health care. Some seek legitimate services like hip
replacements and travel to avoid queues, save money, or because
their insurer has given them an incentive to do so. Others seek to
circumvent prohibitions on accessing services at home and go abroad
to receive abortions, assisted suicide, commercial surrogacy, or
experimental stem cell treatments. In this book, author I. Glenn
Cohen focuses on patients traveling for cardiac bypass and other
legal services to places like India, Thailand, and Mexico, and
analyzes issues of quality of care, disease transmission,
liability, private and public health insurance, and the effects of
this trade on foreign health care systems. He goes on to examine
medical tourism for services illegal in the patient's home country,
such as organ purchase, abortion, assisted suicide, fertility
services, and experimental stem cell treatments. Here, Cohen
examines issues such as extraterritorial criminalization,
exploitation, immigration, and the protection of children. Through
compelling narratives, expert data, and industry explanations
Patients with Passports enables the reader to connect with the most
prevalent legal and ethical issues facing medical tourism today.
The COVID-19 pandemic has had an enduring effect across the entire
spectrum of law and policy, in areas ranging from health equity and
racial justice, to constitutional law, the law of prisons, federal
benefit programs, election law and much more. This collection
provides a critical reflection on what changes the pandemic has
already introduced, and what its legacy may be. Chapters evaluate
how healthcare and government institutions have succeeded and
failed during this global 'stress test,' and explore how the US and
the world will move forward to ensure we are better prepared for
future pandemics. This timely volume identifies the right questions
to ask as we take stock of pandemic realities and provides guidance
for the many stakeholders of COVID-19's legal legacy. This book is
also available as Open Access on Cambridge Core.
Regulators have been more permissive for medical devices compared
to their drug and biologic counterparts. While innovative products
can thereby reach consumers more quickly, this approach raises
serious public health and safety concerns. Additionally, the nature
of medical devices is rapidly changing, as software has become as
important as hardware. Regulation must keep pace with the current
developments and controversies of this technology. This volume
provides a multidisciplinary evaluation of the ethical, legal, and
regulatory concerns surrounding medical devices in the US and EU.
For medical providers, policymakers, and other stakeholders, the
book offers a framework for the opportunities and challenges on the
horizon for medical device regulation. Readers will gain a nuanced
overview of the latest developments in patient privacy and safety,
innovation, and new regulatory laws. This book is also available as
Open Access on Cambridge Core.
Regulators have been more permissive for medical devices compared
to their drug and biologic counterparts. While innovative products
can thereby reach consumers more quickly, this approach raises
serious public health and safety concerns. Additionally, the nature
of medical devices is rapidly changing, as software has become as
important as hardware. Regulation must keep pace with the current
developments and controversies of this technology. This volume
provides a multidisciplinary evaluation of the ethical, legal, and
regulatory concerns surrounding medical devices in the US and EU.
For medical providers, policymakers, and other stakeholders, the
book offers a framework for the opportunities and challenges on the
horizon for medical device regulation. Readers will gain a nuanced
overview of the latest developments in patient privacy and safety,
innovation, and new regulatory laws. This book is also available as
Open Access on Cambridge Core.
For the average person, genetic testing has two very different
faces. The rise of genetic testing is often promoted as the
democratization of genetics by enabling individuals to gain
insights into their unique makeup. At the same time, many have
raised concerns that genetic testing and sequencing reveal
intensely personal and private information. As these technologies
become increasingly available as consumer products, the ethical,
legal, and regulatory challenges presented by genomics are ever
looming. Assembling multidisciplinary experts, this volume
evaluates the different models used to deliver consumer genetics
and considers a number of key questions: How should we mediate
privacy and other ethical concerns around genetic databases? Does
aggregating data from genetic testing turn people into products by
commercializing their data? How might this data reduce or
exacerbate existing healthcare disparities? Contributing authors
also provide guidance on protecting consumer privacy and safety
while promoting innovation.
When data from all aspects of our lives can be relevant to our
health - from our habits at the grocery store and our Google
searches to our FitBit data and our medical records - can we really
differentiate between big data and health big data? Will health big
data be used for good, such as to improve drug safety, or ill, as
in insurance discrimination? Will it disrupt health care (and the
health care system) as we know it? Will it be possible to protect
our health privacy? What barriers will there be to collecting and
utilizing health big data? What role should law play, and what
ethical concerns may arise? This timely, groundbreaking volume
explores these questions and more from a variety of perspectives,
examining how law promotes or discourages the use of big data in
the health care sphere, and also what we can learn from other
sectors.
While the law can create conflict between religion and health, it
can also facilitate religious accommodation and protection of
conscience. Finding this balance is critical to addressing the most
pressing questions at the intersection of law, religion, and health
in the United States: should physicians be required to disclose
their religious beliefs to patients? How should we think about
institutional conscience in the health care setting? How should
health care providers deal with families with religious objections
to withdrawing treatment? In this timely book, experts from a
variety of perspectives and disciplines offer insight on these and
other pressing questions, describing what the public discourse gets
right and wrong, how policymakers might respond, and what potential
conflicts may arise in the future. It should be read by academics,
policymakers, and anyone else - patient or physician, secular or
devout - interested in how US law interacts with health care and
religion.
The Globalization of Health Care is the first book to offer a
comprehensive legal and ethical analysis of the most interesting
and broadest reaching development in health care of the last twenty
years: its globalization. It ties together the manifestation of
this globalization in four related subject areas - medical tourism,
medical migration (the physician "brain drain"), telemedicine, and
pharmaceutical research and development, and integrates them in a
philosophical discussion of issues of justice and equity relating
to the globalization of health care.
The time for such an examination is right. Medical tourism and
telemedicine are growing multi-billion-dollar industries affecting
large numbers of patients. The U.S. heavily depends on
foreign-trained doctors to staff its health care system, and nearly
forty percent of clinical trials are now run in the developing
world, with indications of as much of a 10-fold increase in the
past 20 years. NGOs across the world are agitating for increased
access to necessary pharmaceuticals in the developing world,
claiming that better access to medicine would save millions from
early death at a relatively low cost. Coming on the heels of the
most expansive reform to U.S. health care in fifty years, this book
plots the ways in which this globalization will develop as the
reform is implemented.
Historically and across societies people with disabilities have
been stigmatized and excluded from social opportunities on a
variety of culturally specific grounds. In this collection, the
authors explore the impact that the philosophical framing of
disability can have on public policy questions, in the clinic, in
the courtroom, and elsewhere. They examine the implications of this
understanding for legal and policy approaches to disability,
strategies for allocating and accessing health care, the
implementation of the Americans with Disabilities Act, health care
rights, and other legal tools designed to address discrimination.
This volume should be read by anyone seeking a balanced view of
disability and an understanding of the connection between the
framing of disability and policies that have a real-world impact on
individuals.
Historically and across societies people with disabilities have
been stigmatized and excluded from social opportunities on a
variety of culturally specific grounds. In this collection, the
authors explore the impact that the philosophical framing of
disability can have on public policy questions, in the clinic, in
the courtroom, and elsewhere. They examine the implications of this
understanding for legal and policy approaches to disability,
strategies for allocating and accessing health care, the
implementation of the Americans with Disabilities Act, health care
rights, and other legal tools designed to address discrimination.
This volume should be read by anyone seeking a balanced view of
disability and an understanding of the connection between the
framing of disability and policies that have a real-world impact on
individuals.
Can your employer require you to travel to India for a hip
replacement as a condition of insurance coverage? If injury
results, can you sue the doctor, hospital or insurer for medical
malpractice in the country where you live? Can a country prohibit
its citizens from helping a relative travel to Switzerland for
assisted suicide? What about travel for abortion? In Patients with
Passports, I. Glenn Cohen tackles these important questions, and
provides the first comprehensive legal and ethical analysis of
medical tourism. Medical tourism is a growing multi-billion dollar
industry involving millions of patients who travel abroad each year
to get health care. Some seek legitimate services like hip
replacements and travel to avoid queues, save money, or because
their insurer has given them an incentive to do so. Others seek to
circumvent prohibitions on accessing services at home and go abroad
to receive abortions, assisted suicide, commercial surrogacy, or
experimental stem cell treatments. In this book, author I. Glenn
Cohen focuses on patients traveling for cardiac bypass and other
legal services to places like India, Thailand, and Mexico, and
analyzes issues of quality of care, disease transmission,
liability, private and public health insurance, and the effects of
this trade on foreign health care systems. He goes on to examine
medical tourism for services illegal in the patient's home country,
such as organ purchase, abortion, assisted suicide, fertility
services, and experimental stem cell treatments. Here, Cohen
examines issues such as extraterritorial criminalization,
exploitation, immigration, and the protection of children. Through
compelling narratives, expert data, and industry explanations
Patients with Passports enables the reader to connect with the most
prevalent legal and ethical issues facing medical tourism today.
Transparency is a concept that is becoming increasingly lauded as a
solution to a host of problems in the American health care system.
Transparency initiatives show great promise, including empowering
patients and other stakeholders to make more efficient decisions,
improve resource allocation, and better regulate the health care
industry. Nevertheless, transparency is not a cure-all for the
problems facing the modern health care system. The authors of this
volume present a nuanced view of transparency, exploring ways in
which transparency has succeeded and ways in which transparency
initiatives have room for improvement. Working at the intersection
of law, medicine, ethics, and business, the book goes beyond the
buzzwords to the heart of transparency's transformative potential,
while interrogating its obstacles and downsides. It should be read
by anyone looking for a better understanding of transparency in the
health care context.
Behavioral nudges are everywhere: calorie counts on menus,
automated text reminders to encourage medication adherence, a
reminder bell when a driver's seatbelt isn't fastened. Designed to
help people make better health choices, these reminders have become
so commonplace that they often go unnoticed. In Nudging Health,
forty-five experts in behavioral science and health policy from
across academia, government, and private industry come together to
explore whether and how these tools are effective in improving
health outcomes. Behavioral science has swept the fields of
economics and law through the study of nudges, cognitive biases,
and decisional heuristics-but it has only recently begun to impact
the conversation on health care. Nudging Health wrestles with some
of the thorny philosophical issues, legal limits, and conceptual
questions raised by behavioral science as applied to health law and
policy. The volume frames the fundamental issues surrounding health
nudges by addressing ethical questions. Does cost-sharing for
health expenditures cause patients to make poor decisions? Is it
right to make it difficult for people to opt out of having their
organs harvested for donation when they die? Are behavioral nudges
paternalistic? The contributors examine specific applications of
behavioral science, including efforts to address health care costs,
improve vaccination rates, and encourage better decision-making by
physicians. They wrestle with questions regarding the
doctor-patient relationship and defaults in healthcare while
engaging with larger, timely questions of healthcare reform.
Nudging Health is the first multi-voiced assessment of behavioral
economics and health law to span such a wide array of issues-from
the Affordable Care Act to prescription drugs. Contributors: David
A. Asch, Jerry Avorn, Jennifer Blumenthal-Barby, Alexander M.
Capron, Niteesh K. Choudhry, I. Glenn Cohen, Sarah Conly, Gregory
Curfman, Khaled El Emam, Barbara J. Evans, Nir Eyal, Andrea
Freeman, Alan M. Garber, Jonathan Gingerich, Michael Hallsworth,
Jim Hawkins, David Huffman, David A. Hyman, Julika Kaplan, Aaron S.
Kesselheim, Nina A. Kohn, Russell Korobkin, Jeffrey T. Kullgren,
Matthew J.B. Lawrence, George Loewenstein, Holly Fernandez Lynch,
Ester Moher, Abigail R. Moncrieff, David Orentlicher, Manisha Padi,
Christopher T. Robertson, Ameet Sarpatwari, Aditi P. Sen, Neel
Shah, Zainab Shipchandler, Anna D. Sinaiko, Donna Spruijt-Metz,
Cass R. Sunstein, Thomas S. Ulen, Kristen Underhill, Kevin G.
Volpp, Mark D. White, David V. Yokum, Jennifer L. Zamzow, Richard
J. Zeckhauser
The Oxford Handbook of U.S. Health Law covers the breadth and depth
of health law, with contributions from the most eminent scholars in
the field. The Handbook paints with broad thematic strokes the
major features of American healthcare law and policy, its recent
reforms including the Affordable Care Act, its relationship to
medical ethics and constitutional principles, and how it compares
to the experience of other countries. It explores the legal
framework for the patient experience, from access through
treatment, to recourse (if treatment fails), and examines emerging
issues involving healthcare information, the changing nature of
healthcare regulation, immigration, globalization, aging, and the
social determinants of health. This Handbook provides valuable
content, accessible to readers new to the subject, as well as to
those who write, teach, practice, or make policy in health law.
In its decades-long effort to assure the safety, efficacy, and
security of medicines and other products, the Food and Drug
Administration has struggled with issues of funding, proper
associations with industry, and the balance between consumer choice
and consumer protection. Today, these challenges are compounded by
the pressures of globalization, the introduction of novel
technologies, and fast-evolving threats to public health. With
essays by leading scholars and government and private-industry
experts, FDA in the Twenty-First Century addresses perennial and
new problems and the improvements the agency can make to better
serve the public good. The collection features essays on effective
regulation in an era of globalization, consumer empowerment, and
comparative effectiveness, as well as questions of data
transparency, conflicts of interest, industry responsibility, and
innovation policy, all with an emphasis on pharmaceuticals. The
book also intervenes in the debate over off-label drug marketing
and the proper role of the FDA before and after a drug goes on the
market. Dealing honestly and thoroughly with the FDA's successes
and failures, these essays rethink the structure, function, and
future of the agency and the effect policy innovations may have on
regulatory institutions abroad.
While the law can create conflict between religion and health, it
can also facilitate religious accommodation and protection of
conscience. Finding this balance is critical to addressing the most
pressing questions at the intersection of law, religion, and health
in the United States: should physicians be required to disclose
their religious beliefs to patients? How should we think about
institutional conscience in the health care setting? How should
health care providers deal with families with religious objections
to withdrawing treatment? In this timely book, experts from a
variety of perspectives and disciplines offer insight on these and
other pressing questions, describing what the public discourse gets
right and wrong, how policymakers might respond, and what potential
conflicts may arise in the future. It should be read by academics,
policymakers, and anyone else - patient or physician, secular or
devout - interested in how US law interacts with health care and
religion.
Transparency is a concept that is becoming increasingly lauded as a
solution to a host of problems in the American health care system.
Transparency initiatives show great promise, including empowering
patients and other stakeholders to make more efficient decisions,
improve resource allocation, and better regulate the health care
industry. Nevertheless, transparency is not a cure-all for the
problems facing the modern health care system. The authors of this
volume present a nuanced view of transparency, exploring ways in
which transparency has succeeded and ways in which transparency
initiatives have room for improvement. Working at the intersection
of law, medicine, ethics, and business, the book goes beyond the
buzzwords to the heart of transparency's transformative potential,
while interrogating its obstacles and downsides. It should be read
by anyone looking for a better understanding of transparency in the
health care context.
When data from all aspects of our lives can be relevant to our
health - from our habits at the grocery store and our Google
searches to our FitBit data and our medical records - can we really
differentiate between big data and health big data? Will health big
data be used for good, such as to improve drug safety, or ill, as
in insurance discrimination? Will it disrupt health care (and the
health care system) as we know it? Will it be possible to protect
our health privacy? What barriers will there be to collecting and
utilizing health big data? What role should law play, and what
ethical concerns may arise? This timely, groundbreaking volume
explores these questions and more from a variety of perspectives,
examining how law promotes or discourages the use of big data in
the health care sphere, and also what we can learn from other
sectors.
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