HEALTH CARE LAW AND ETHICS 8TH EDITION
CHANGES FROM 7th EDITION
This edition has updates throughout and some minor reorganization in Chapters 4, 7, and
8. Also, some problems and notes have been pruned or substantially rewritten. The most
significant changes, however, are:
 Chapter 1: updated statistics; new readings on The Nature of Medical Practice, and The
Health Care Financing and Delivery System; and a new section on Health Care Reform
 Chapter 2: A new case on what constitutes a doctor-patient relationship
 Chapter 3: A new case and expanded notes on HIPAA
 Chapter 4: New readings on Medical Error and Malpractice Reform; new cases on
economic influences on the standard of care, on medical experts, on products liability, on
statutes of limitations, on hospital vicarious liability, and on constitutionality of
malpractice reform.
 Chapter 7: A new case on patenting biotechnology; and several new problems relating to
genetics.
 Chapter 8: New cases on mandatory testing and on restricting access to experimental
drugs; a new section on the obesity epidemic; and several new problems
 Chapter 9: Substantial new materials on the Affordable Care Act, including the Supreme
Court’s decision; new readings on accountable care organizations, foreign health systems,
and single-payer reform; and a new case on hospital over-billing.
 Chapter 10: New readings on accountable care organizations, professional licensure, and
referral fee laws; and new cases on certificate of need regulation, hospital tax exemption,
and referral fee laws.
The following is a detailed listing of all changes that affect the table of contents.
1
7th ed 8th ed
1 Introduction
Overview Cases
In re Baby K
In re A.C.
FTC v. Tenet Health Care
A. The Nature of Medical Practice
End-of-Life Warning at $616,616 Makes Me Wonder
Complications: A Surgeon’s Notes on an Imperfect Science
5. Evidence-Based Medicine
Oversight of the Quality of Medical Care: Regulation,
Management, or the Market?
Note: Outcomes and Effectiveness Assessment
B. The Health Care Financing and Delivery System
U.S. Health Care Coverage and Costs: Historical
Development and Choices for the [Future]
The Sad History of Health Care Cost Containment as Told
in One Chart
The Future of the American Health Care System
Why Conservatives Don’t Talk About America’s Health
System
Dangerous Medicine: A Critical Analysis of Clinton’s
Health Plan
Medicare and the American Health Care System: 1996
Report to Congress
The Health Care Revolution: Remaking Medicine in
California
Health and Medical Care Reform in the United States
The Market Structure of the Health Insurance Industry
Medicare and the American Health Care System
3. Health Care Reform
Bad Medicine: A Guide to the … New Health Care Law
The Health Bill Explained at Last
Notes: Health Care Reform—A Work in Progress
2 The Treatment Relationship: Formation and Termination
A. The Duty to Treat
1. The Duty to Accept Patients
Sophie’s Choices: Medical and Legal Responses to
Suffering
B. The Structure of the Treatment Relationship
1. Forming a Patient-Physician Relationship
Estate of Kundert v. Illinois Valley Community Hospital
2
1
4
5
x
x
x
x
x
4
30
39
43
x
x
44
x
52
53
x
x
55
x
56
x
61
x
63
x
x
x
x
38
46
52
x
x
x
57
61
64
109
x
x
144
3 The Treatment Relationship: Confidentiality, Consent, and Conflicts of
Interest
B. Confidentiality of Medical Information
1. The Federal Duty to Maintain Medical Privacy: Federal Privacy Regulations (HIPAA)
Doe v. Marselle
175
x
In the Matter of Miguel M. v. Barron
x
173
Notes: HIPPA Privacy Protections
x
176
D. Human Experimentation and Research
Postscript: Proposed Revisions to the “Common Rule”
x
273
Problem: Medical Research, Biobanks, and the Privacy
Rule
x
276
Problem: DNA Research and Indigenous Communities
x
277
4 Medical Malpractice
A. Medical Mistakes and Quality
1. The Nature and Extent of Medical Error
Health and Medical Care Reform in the United States:
Ethical Questions and Concerns
x
280
Error in Medicine
275
x
A Complex Sorrow: Reflections on Cancer and an
Abbreviated Life
278
x
Complications: A Surgeon's Notes on an Imperfect Science
x
281
3. Approaches to Improving Quality of Care
Fostering Rational Regulation of Patient Safety
x
296
B. Physician Liability
2. Variations in Standard of Care
Murray v. UNMC Physicians
x
334
3. Res Ipsa and Negligence Per Se
350
341
4. Ordinary Negligence
353
345
C. Qualifications and Examination of Medical Experts
Trower v. Jones
334
x
Cruz-Vazquez v. Mennonite General Hospital
x
359
D. Alternative Theories of Liability
3. Strict Liability, Products Liability, and Preemption
337
384
Helling v. Carey
377
x
Bruesewitz v. Wyeth
x
385
Brown v. Superior Court
382
x
E. Causation and Affirmative Defenses
2. Statutes of Limitations
Cunningham v. Huffman
405
x
Rathje v. Mercy Hospital
x
409
G. Institutional Liability
1. Hospital Liability
3
Adamski v. Tacoma General Hospital
Diggs v. Novant Health, Inc.
H. Medical Malpractice Reform
Fein v. Permanente Medical Group
Lebron v. Gottlieb Memorial Hospital
Crushed by My Own Reform
Legislation on Medical Malpractice: Further Developments
and a Preliminary Report Card
Evaluation of Options for Medical Malpractice System
Reform
7 Reproductive Rights and Genetic Technologies
A. A Right to Procreate?
Problem: The Ashley Treatment
D. Using Reproductive Technologies to Create New Families
1. Parenting Possibilities
What Does It Mean to Be a "Parent"? The Claims of
Biology as the Basis for Parental Rights
Assisted Reproductive Technology Surveillance--United
States, 2009
2. Gamete Donation
Problem: Ovary Transplantation
4. Intellectual Property and the Ownership of Genetic Discoveries
Mayo Collaborative Services v. Prometheus Laboratories,
Inc.
5. Intellectual Property, Human Genes, and Human Stem Cells
Problem: Patenting Human Genes
Problem: Patenting Chimeras
Problem: Synthetic Biology
8 Public Health Law
C. Regulating Medical Treatment to Protect Public Health
1. Testing and Public Health
People v. Adams
State v. Handy
Problem: HIV Screening for Pregnant Women and
Newborns
2. Confidentiality, Reporting, and Contact Tracing
Problem: Reporting and Treatment for HIV Infection
4. Civil Commitment and Mandatory Treatment
Problem: Civil Commitment and Drug Abuse
Problem: Antiretorviral Therapy and the Risk of HIV
Infection
D. Restricting Consumer Choice to Protect Public Health
United States v. Rutherford
4
448
x
x
445
494
x
498
x
497
x
498
x
x
501
x
723
799
x
x
800
x
816
x
x
867
x
x
864
878
882
882
883
918
x
x
919
923
x
x
940
x
956
x
902
902
961
965
x
Abigail Alliance for Better Access to Developmental Drugs
v. von Eschenbach
The Regulation of Alcohol and Tobacco to Promote Public
Health
3. Clashes in Values and Jurisdictional Boundaries: Public Health
Regulation and the Crushing Obesity Epidemic
Pelman v. McDonald's Corporation
Nutritional Labeling in Restaurants
Notes: Public Health Law and Obesity
Problem: Public Health and the Crushing Problem of
Obesity?
9 Health Care Financing and Reform
A. Sources of Health Insurance
1. The Right to Health Care
The United States: Breakthroughs and Waste
United States v. Milligan
2. Private Health Insurance
U.S. Health Care Coverage and Costs: Historic
Development and Choices for the [Future]
Paying for Health Care
The Health Care Crisis and What To Do About It
Notes: Uninsured Patients; Insurance Fraud; Patient CostSharing
The Market Structure of the Health Insurance Industry
47 Million and Counting: Why the Health Care
Marketplace Is Broken
National Federation of Independent Business v. Sebelius
Bad Medicine: A Guide to Real Costs and Consequences of
the New Health Care Law
The Health Bill Explained at Last
Notes: Access to Private Health Insurance
Notes: Patient Cost-Sharing
3. Public Insurance Programs
National Federation of Independent Business v. Sebelius
B. Insurance and Managed Care Regulation
The Health Care Revolution: Remaking Medicine in
California
Notes: Patient Cost-Sharing
C. ERISA
Retail Industry Leaders Association v. Fielder
Preemption
McGann v. H&M Music Co.
D. Health Insurance Coverage
1. Rationing and Discrimination
Rationing Health Care in Britain and the United States
5
x
965
913
x
x
x
x
x
981
981
982
983
916
x
970
970
x
x
972
972
978
x
x
x
981
x
x
998
x
x
999
1000
x
x
984
991
1008
1009
1009
x
x
1014
1018
x
x
1053
1032
1039
x
x
x
1076
E. Provider Reimbursement
1. Open-Ended Reimbursement
Allen v. Clarian Health Partners, Inc.
Valley Hosp. v. Kroll
3. Capitation Payment
Reimbursing Physicians and Hospitals
Payments to Induce Reduction or Limitation of Medicare
and Medicaid Services
Direct Financial Incentives in Managed Care: Unanswered
Questions
Accountable Care Organizations in Medicare and the
Private Sector: A Status Update
F. National Health Insurance
1. Foreign Models
Health Care Financing in Selected Industrialized Nations:
Comparative Analysis and Comment
1. Universal Coverage Models
The Healing of America
Statement Introducing the U.S. National Health Insurance
Act
The Grass Is Not Always Greener: A Look at National
Health Care Systems Around the World
2. Reform Proposals
The Health Care Crisis and What To Do About It
Health Care Reform: Why? What? When?
Notes: Comprehensive Health Care Reform
The Inevitable Failure of Current Cost-Containment
Strategies: Why They Can Provide Only Temporary Relief
10 Regulation of Health Care Facilities and Transactions
Corporate Structure and Integration
Partners in Health: How Physicians and Hospitals Can Be
Accountable Together
Notes: Innovation Without End
A. Professional and Facility Regulation
1. Professional and Facility Licensure
The Abuse of Occupational Licensing
Character, Competence, and the Principles of Medical
Discipline
Notes: Unlicensed Practice of Medicine
Modi v. West Virginia Board of Medicine
Notes: Professional Disciplinary Actions
Problem: Professional Licensure
3. Certificate of Need Regulation
6
x
1096
1114
x
1120
x
1129
x
x
1146
x
1150
1136
x
1136
x
x
x
1158
1158
x
1165
x
1146
1146
1147
1151
1167
x
x
x
x
1165
x
x
x
1192
1194
1177
x
x
1183
1188
1191
1193
1201
x
x
x
1211
Statewide Health Coordinating Council v. General
Hospitals of Humana, Inc.
Overlake Hospital Association v. Department of Health
B. Corporate Form
2. Charitable Tax Exemption
Utah County v. Intermountain Health Care, Inc.
Provena Covenant Medical Center v. Department of
Revenue
E. Referral Fee Laws
The Hanlester Network v. Shalala
United States v. Tuomey Healthcare System
Making Sense of Referral Fee Statutes
A Public Policy Discussion: Taking the Measure of the
Stark Law
7
1206
x
x
1223
1224
x
x
1240
1362
x
1367
x
1377
x
x
1380