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Medical Liability and Treatment Relationships, Fifth Edition

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Authors
  • Mark A. Hall
  • Nadia N. Sawicki
  • Mary Anne Bobinski
  • David Orentlicher
  • I. Glenn Cohen
Series / Aspen Casebook Series
BOOKMARK
Book length
480 pages
Publication Date
2024-09-15
Edition
Fifth Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Medical Liability and Treatment Relationships, Fifth Edition is the only current casebook devoted to medical liability, including medical malpractice. This book is based on Part I, “The Provider and the Patient,” from Health Care Law and Ethics, Tenth Edition, and adds additional coverage of professional licensure and regulating access to drugs, and new cases and materials covering medical malpractice. Integrating public health and financial and ethical issues, this casebook uses compelling case law, clear notes, and comprehensive background information to illuminate the complex and dynamic field of health care law.

New to the Fifth Edition:
  • New author: Nadia N. Sawicki
  • Substantial updates to the medical malpractice chapter
  • Challenges posed by artificial intelligence in medicine
Benefits for instructors and students:
  • Comprehensive yet concise, this casebook covers all aspects of medical liability and the treatment relationships between patient and provider.
  • Includes cases and materials on Medical Malpractice not found in the parent book, including:
    • Financial considerations in treatment decisions
    • Constitutionality of damage caps
    • Cases and notes about special discovery rules, such as prohibiting ex parte contacts with treating physicians
    • ERISA preemption of managed care liability
    • Additional discussion problems
  • Integrates public policy and ethics issues from a relational perspective.
  • Clear notes provide smooth transitions between cases and background information.
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Table of Contents
Summary of Contents

Contents 
Preface 

CHAPTER 1
Introduction

CHAPTER 2
The Treatment Relationship: Formation and Termination  

CHAPTER 3
The Treatment Relationship: Confidentiality, Consent,
and Conflicts of Interest 

CHAPTER 4
Medical Malpractice and Tort Liability 

Glossary of Organizational Terms and Acronyms 
Table of Cases 
Index
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Preface
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About the authors
Mark A. Hall

Mark A. Hall is Professor of Law and Public Health at Wake Forest University School of Law and Bowman Gray School of Medicine. He is also an Associate in Management at the Babcock School of Management, all of which are located in Winston-Salem, NC. Prof. Hall received his law degree with highest honors at the University of Chicago and was on the faculty at Arizona State University before assuming his present position. He has also completed a Robert Wood Johnson Foundation Health Finance Fellowship at Johns Hopkins University.

Prof. Hall specializes in health care law and public policy, with a focus on economic, regulatory, and corporate issues. His present research interests include health care reform, health care rationing, managed competition, integrated delivery systems, and insurance market reform. He is the author or editor of ten books on health care law and policy, including the 4-volume series Health Care Corporate Law (Aspen Publishing) and Making Medical Spending Decisions (Oxford University Press).

Nadia Sawicki

Nadia Sawicki’s areas of expertise include torts, health law, and bioethics. Her scholarly work addresses subjects including the law's role in shaping the informed consent process; tort law's limitations in protecting the rights of patients in the end-of-life and reproductive health contexts; the challenges of protecting patients' rights to safe and accessible medical care while also accommodating health care providers' conscientious beliefs; and the state’s role in enforcing ethical norms in medicine.

In 2020, Professor Sawicki was elected as a member of the American Law Institute. She has previously served as a member of the American Bar Association’s Special Committee on Bioethics and the Law, and co-chair of the American Society for Bioethics and Humanities’ Law Affinity Group.

Prior to joining Loyola, Professor Sawicki held the inaugural George Sharswood Fellowship at the University of Pennsylvania Law School, where she taught bioethics and public health law. She has also served as a lecturer in History and Sociology of Science at the University of Pennsylvania's School of Arts and Sciences, practiced law with Wolf, Block, Schorr & Solis-Cohen, and clerked for the Honorable J. Curtis Joyner of the U.S. District Court for the Eastern District of Pennsylvania. Before attending law school, Professor Sawicki worked as an analyst in the Nursing Executive Center at the Advisory Board Company.

Mary Anne Bobinski

Mary Anne Bobinski is Dean and Professor of Law at the University of British Columbia Faculty of Law. Previously, she was John and Rebecca Moores Professor of Law and Director of the Health Law Policy Institute at the University of Houston Law Center. She received her B.A. and J.D. degrees, both summa cum laude, from the State University of New York at Buffalo and her LL.M. from Harvard Law School. She served as a judicial law clerk for Judge Max Rosenn of the United States Court of Appeals for the Third Circuit. Professor Bobinski teaches Torts, the basic health law courses, and various advanced courses in the health law field.

Her research interests include health care financing, legal aspects of HIV infection, and reproductive health issues. She is a co-author of another leading law school casebook, AIDS Policy and Law, and has authored a number of law review articles and book chapters on health law topics. Professor Bobinski is an active participant in national, state, and local service activities. She is a member of the ABA Section on Legal Education Curriculum Committee and the Association of American Law Schools Committee on Curriculum and Research.

Professor Bobinski also is the past-chair of the Association of American Law Schools Section on Law, Medicine, and Health Care and is a past-board member of the Texas Human Rights Foundation and the Bar Association for Human Rights of Houston. She has given over 100 talks to national, state, and local audiences on health care topics ranging from health care finance, to medical malpractice, to legal aspects of e-health.

David Orentlicher

David Orentlicher is Samuel R. Rosen Professor of Law and Co-Director of the Hall Center for Law and Health at the Indiana University Robert H. McKinney School of Law. He also is an Adjunct Professor of Medicine at Indiana University School of Medicine. Before coming to Indiana University, he served as the Director of the Division of Medical Ethics at the American Medical Association, where he drafted ethical guidelines for the medical profession on a wide range of issues. Dr. Orentlicher is a member of the American Law Institute and from 1992-1995, he served on the founding board of the American Association of Bioethics.

He received his M.D. and J.D. degrees from Harvard, was an editor of the Harvard Law Review, and clerked for the Hon. Alvin B. Rubin, U.S. Court of Appeals for Fifth Circuit. He practiced medicine and law each for approximately two years. He has authored or co-authored numerous articles in leading legal and medical journals, and has served on a variety of task forces on ethical and legal issues in medicine. He has most recently written about health care reform, cost containment, and assisted reproduction. During the 1997-98 academic year, he was the Visiting DeCamp Professor in Bioethics at Princeton University, and from November 2002 to November 2008, he served three terms as a state representative in the Indiana General Assembly.

Glenn Cohen

Glenn Cohen is one of the world's leading experts on the intersection of bioethics and the law, as well as health law. Prior to becoming a professor, he served as a law clerk to Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit and as a lawyer for the U.S. Department of Justice, Civil Division, Appellate Staff, where he handled litigation in the Courts of Appeals and (in conjunction with the Solicitor General’s Office) in the U.S. Supreme Court.

His current projects relate to big data, health information technologies, mobile health, reproductive technology, research ethics, organ transplantation, rationing in law and medicine, health policy, FDA law, translational medicine, and medical tourism. He is the author of more than 100 articles and chapters, and his award-winning work has appeared in leading legal (including the Stanford, Cornell, and Southern California Law Reviews), medical (including the New England Journal of Medicine, JAMA), bioethics (including the American Journal of Bioethics, the Hastings Center Report), scientific (Science, Cell, Nature Reviews Genetics), and public health (the American Journal of Public Health) journals, as well as Op-Eds in the New York Times and Washington Post. He is the author, co-author, editor, or co-editor of 12 books.

He was selected as a Radcliffe Institute Fellow for the 2012-2013 year and by the Greenwall Foundation to receive a Faculty Scholar Award in Bioethics. He is also a Fellow at the Hastings Center. He recently finished his role as one of the key co-investigators on the multi-million dollar Football Players Health Study at Harvard, which is committed to improving the health of NFL players. He co-leads the Regulatory Foundations, Ethics, and Law Program of Harvard Catalyst | The Harvard Clinical and Translational Science Center. He also leads the Project on Precision Medicine, Artificial Intelligence, and the Law (PMAIL). He is one of three editors-in-chief of the Journal of Law and the Biosciences (Oxford University Press) and serves on the editorial board for the American Journal of Bioethics and on the Ethics Committee for the American Congress of Obstetricians and Gynecologists (ACOG).

Product Information
Edition
Fifth Edition
Publication date
2024-09-15
Copyright Year
2024
Pages
480
Connected eBook + Paperback
9798889062844
Connected eBook (Digital Only)
9798889062868
Subject
Health Law
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