Volume 5 (1996)

Annals of Health Law
The Health Policy and Law Review of Loyola University Chicago School of Law

Volume 5 (1996)

Editor-in-Chief: John D. Blum, M.H.S., J.D.

Executive Editor: Marilyn Hanzal, J.D.

Senior Editor: Kimberly R. Hauser, J.D.

Editorial Board:
John D. Blum
Mary Cosentino
Frank Covey
Janet Dolgan
Mark A. Hall
Marilyn Hanzal
Thomas M. Jones
Karla L. Kinderman
Gaelynn McGavick
Frances Miller
Lawrence E. Singer

Senior Article Editors: Brian E. Fliflet & William L. Goldbeck

Article Editors:
Darrin S. Baim
Katrina J. Burnley
Andrew B. Cripe
Kathleen V. Crowe
Susan M. Easton, J.D.
Carolynn V. Fitzsimons
Jean Hellman, J.D., LL.M.
Joseph McQuade
Celia D. Patawaran
Elizabeth S. Rowe
Sanjay Sharma

Articles:

The Marshfield Clinic Case: The Sound of a Broken Record
Author: Kevin McDonald

Defense counsel for Marshfield Clinic explains why he believes the trial court record was inadequate to support the plaintiffs' claims and offers an insider's perspective on Judge Posner's opinion.

The Embryonic Self-Evaluative Privilege: A Primer for Health Care Lawyers 
Author: Thomas F. O'Neil III and Adam H. Charnes

In an era in which health care fraud is a top law enforcement priority, internal audits by health care entities are increasingly important.  While the self-evaluative privilege, intended to encourage voluntary, confidential self-analysis, offers some protections of such communications, its scope is restricted.

Investigational Treatments: Coverage, Controversy, and Consensus
Author: Mary Ader

Medical and legal controversies surrounding payment for investigative treatments abound.  The debate should be moved from the legal to the medical arena, and health plans should support the quest for scientific evidence by contributing to well-conceived clinical trials in appropriate circumstances.

Legal and Political Issues Facing Telemedicine
Author: Kathleen M. Vyborny

The emergence of telemedicine-medical diagnosis and treatment via telecommunications-offers the promise of reduced cost, improved patient outcomes, and greater access to quality medical care.  But a variety of legal barriers to telemedicine must be addressed to assure its effective use.

The Captive Medical Malpractice Insurance Company Alternative
Author: James A. Christopherson

Health care providers, driven by skyrocketing premiums, are seeking alternatives to conventional medical malpractice insurance.  Captive malpractice insurance companies are an increasingly popular choice, but providers should consider tax, regulatory, and other consequences before adopting this option.

Equicare: A Model for Quality Health Care and Consumer Choice in State Health System Reform 
Author: Lois Snyder

Equicare is a proposed market-based, proconsumer approach to state health care reform.  While it was developed for a gubernatorial primary race in Pennsylvania, it addresses problems that arise in every state, including incomplete access, inadequacies in public programs, and inefficiencies in care.

Comparative Health Law Articles

Rights of the Terminally Ill Patient
Author: John Hodgson

An examination of the rights in the United Kingdom of terminally ill patients, both competent and incompetent, shows the struggle courts face.

Beyond Baby M: International Perspectives on Gestational Surrogacy and the Demise of the Unitary Biological Mother
Author: Todd M. Krim

Gestational surrogacy raises a host of legal and ethical issues.  A review of state, federal, and international response, both legislative and judicial, to these issues reveals that the United States would benefit from comprehensive federal legislation regulating the reproductive technology field.

National Repositories of Information: A Comparison of the National Practitioner Data Bank in the United States and the National Confidential Enquiry into Perioperative Deaths in the United Kingdom 
Author: Gail Daubert

Both the United States and the United Kingdom have created national data banks intended to improve the quality of medical care by identifying and reducing medical errors.  A comparison of the United States' National Practitioner Data Bank to the United Kingdom's National Confidential Enquiry into Perioperative Deaths sheds insight on how well these goals are being met.

Causation Issues in Medical Malpractice: A United Kingdom Perspective 
Author: Marc S. StauchHeal

In the United Kingdom, the most difficult aspect of proving a medical malpractice claim may be establishing causation-the link between the medical professional's breach of duty and the patient's damages.  Because the traditional "but for" test unfairly burdens the plaintiff, a rule such as the "loss of chance" doctrine would be more equitable. 

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