bluuebunny/crossref_metadata_2025_split huggingface dataset:
Jumping from the Frye Plan into the State Farm Fire: An Analysis of Spinal Thermography as Scientific Test Evidence
Authors: Finnegan Walter J. , Koson Dennis F. 
Published: June 2007

“Pictures of Pain Pay Off,” proclaimed the title of a recent article in the legal literature. The thermographic picture, or thermogram, is raising the stakes in plaintiff back cases and gaining national attention in both the medical and legal communities. Doctors see it as a diagnostic tool; lawyers, as an objective means of documenting injuries.Yet the diagnostic and demonstrative potentials of this modality are also arousing considerable controversy—of the kind that has attended the use in court of blood tests to determine paternity, intoxication tests, polygraphs tests, hypnosis, spectrographs, and neutron activation analysis. This article will examine the use and value of thermographic pictures as evidence of spinal conditions and nerve root compression.
1. Medical Technology and New Frontiers of Family Law
Authors: Kirby M.D. 
Published: June 2007

In Mount Isa Mines Limited v. Pusey, Windeyer, justice of the High Court of Australia, wrote of “[l]aw, marching with medicine but in the rear and limping a little.“ This remark, characterizing the stumbling approach of the law in providing damages for nervous shock occasioned by negligence, may be too kind when applied to the response of family law to the remarkable advances of knowledge and technology affecting human sexuality and conception.Nowadays, there is a growing sense of urgency and impatience about the response of the law to medical developments. One writer trained both in law and medicine observed from his informed standpoint:
Those doctors who have studied law have always been uneasy at the extent to which Anglo-Saxon law departs from reality in dealing with biological issues. The nervous shock cases which continue to be based on medical principles discarded during the 19th century provide a notorious example.
4. The Legal Status of the Embryo in Vivo and in Vitro: Research on and the Medical Treatment of Embryos
Authors: Leenen H.J.J. 
Published: June 2007

Modern developments in biomedical science and technology have raised legal problems regarding the initial phase of human life. The possibility of genetic manipulation and of influencing the human genome is in sight, embryos are already being treated in utero, and in vitro fertilization and embryo transfer have been successfully performed. Embryos have been fertilized in vivo, flushed from the womb. and implanted in surrogate mothers.These developments have raised questions not only for family law but also for health law. These questions include the permissibility and regulation of genetic manipulation, the equitable distribution of the new techniques, the consequences for future generations of present-day decisions, the right to procreation, the role of the state, and the freedom of parents, especially the pregnant woman, in relation to the embryo. Other problems involve confidentiality and privacy, the relationships among the several people who are producing the child, and the status of the embryo in vivo and in vitro.
3. Bentham in a Box: Technology Assessment and Health Care Allocation
Authors: Jonsen Albert R. 
Published: June 2007

Jeremy Bentham, the founding father of utilitarianism, would have been delighted by technology assessment. Contemporary health policy planners are, unwittingly, aping the great man's felicific calculus, as they attempt to discern the efficacy and safety of magnetic resonance imaging or cardiac bypass surgery or extracorporeal shockwave lithotripsy. They try to design methods to calculate the effects of these technologies on mortality and morbidity and to compare the costs of one to the costs of alternatives. In recent years, the methods of technology assessment have been refined, but they remain, in essence, a copy of Bentham's proposal to plan and effect a rational course of action and to create a rational world.The great philosopher and social reformer is, of course, still with us in a dessicated form. He bequeathed his body to the fellows of University College, London, and to this day his mummified figure is encased in a glass box, sitting in his favorite chair, dressed in his own clothes, his waxen face peering out with a bemused smile.
Riff v. Morgan Pharmacy
Authors: Brushwood David B. 
Published: June 2007

A pharmacist may be liable to a patient for negligence in filling a prescription, even if the pharmacist correctly fills the prescription as written by the prescribing physicion. The holding in Riff v. Morgan Pharmacy is that each member of the health care team “has a duty to be, to a limited extent, his brother's keeper.“ The court in Riff boldly and eloquently justifies this position by noting:Fallibility is a condition of the human existence. Doctors, like other mortals, will from time to time err through ignorance or inadvertence. An error in the practice of medicine can be fatal; and so it is reasonable that the medical community including physicians, pharmacists, anesthesiologists, nurses and support staff have established professional standards which require vigilance not only with respect to primary functions, but also regarding the acts and omissions of the other professionals and sup port personnel in the health care team.
The Nucleus of a Public Health Strategy to Combat AIDS
Authors: Gostin Larry 
Published: June 2007

Since AIDS was first identified in 1981, its rate of spread among a primarily young and vibrant population has chilled the medical and lay communities. Today, the public response is sober and oriented toward the examination of specific policies that could lessen the impact of the disease. After six years' experience it is now feasible to propose a strategy for combatting AIDS. Consensus around the following policies should form the nucleus of the public health strategy to combat AIDS before the intervention of an effective vaccine or treatment.Unprotected sexual intercourse and use of contaminated needles are intentional activities. Voluntary changes in behavior to avoid a high risk of transmission is currently the overriding public policy objective. The first line of defense in controlling AIDS, therefore, is to inform and educate individuals about high-risk behavior and about methods of altering behavior to protect against transmission of the infection.
AIDS: From Social History to Social Policy
Authors: Brandt Allan M. 
Published: June 2007

Despite philosopher George Santayana's famous injunction that those who do not remember the past are condemned to repeat it, history holds no simple truths. Nevertheless, there are a number of significant historical questions relating to the AIDS epidemic. What does the history of medicine and public health have to tell us about contemporary approaches to the very difficult dilemmas raised by AIDS? Is AIDS something totally new, or are there instances in the past that are usefully comparable? Are there some lessons in the way science and society has responded to epidemic disease in the past that could inform our understanding of and response to the current health crisis?There are obviously no simple answers to such questions. History is not a fable with the moral spelled out at the end. Even if we could agree on a particular construction of past events, it would not necessarily lead to consensus on what is to be done. And yet, history provides us with one means of approaching the present. In this regard, the history of responses to particular diseases can inform and deepen our understanding of the AIDS crisis and the medical, social, and public health interventions available.
Worldwide Strategies for HIV Control: WHO's Special Programme on AIDS
Authors: Mann Jonathan 
Published: June 2007

The acquired immunodeficiency syndrome (AIDS) and the entire spectrum of disease associated with infection by the human immunodeficiency virus (HIV) are the subject of intense international interest and concern. From the viewpoint of the World Health Organization (WHO), HIV is not simply one of a series of newly recognized diseases emerging during the past decade but is a problem with several biological and epidemiological features that justify a unique sense of urgency among public health officials, political leaders, and the general public.This article describes the evolution of a global perspective and response to HIV, reviews the current international epidemiological situation, explores the principal elements, both conceptual and operational, of WHO's global strategy for HIV control, and discusses the major approaches to HIV prevention in the current global context.
Corporate Restructuring of Tax-Exempt Hospitals: The Bastardization of the Tax-Exempt Concept
Authors: Squiers Mary P. 
Published: June 2007

The largest single group of hospitals in the country is composed of private nonprofit hospitals, which are exempt from taxation under the Internal Revenue Code. The second largest group of hospitals consists of for-profit hospital corporations. The third and fourth largest groups are, respectively, municipal hospitals and state and federal specialty hospitals, such as mental health facilities and public health hospitals.Although the idea of hospitals engaging in business activities used to arouse scorn, the concept has now gained acceptance. This change began in the late 196Os, when the enactment of the Medicare and Medicaid programs forced hospitals to become more so phisticated in handling reimbursement issues, certification-of-need, unrelated business income, and productivity.By 1981, the percentage of hospital charges reimbursed by the Medicare system had declined to 68.7 percent, from its 1974 level of 75.4 percent. In 1982, with the signing of the Tax Equity and Fiscal Responsibility Art (TEFRA), hospitals were essentially told that they must find their own solution to the problem of inadequate funding.
In Search of the “Lawsuit Crisis”
Authors: Saks Michael J. 
Published: June 2007

By now nearly everyone knows about the liability crisis. Municipalities, doctors, businesses, and others are paying soaring premiums for their liability insurance. The unlucky ones cannot find coverage at any price. The result is that services are becoming increasingly scarce and expensive. Curiously, the causes sound even more familiar. A new booklet being circulated by the Insurance Information Institute puts them succintly: “While our judicial system is basically a good one, it has been handicapped by unnecessary lawsuits, … exorbitant awards, and unpredictable results.”Thus, the liability crisis is seen as a lawsuit crisis. The press and industry lobbyists overflow with stories of frivolous lawsuits, out-of-control damage awards, and a nation turned litigious. Accordingly, state legislatures around the country are preparing to solve the problem by modifying the laws that permit injured plaintiffs to seek compensation for their injuries through the courts.If the lawsuit crisis exists, serious evidence of it should not be too difficult to find. in fact, the more awful the problem, the more plentiful and glaring should be the evidence. I have begun such an inquiry, but so far the hard evidence has been, to put it mildly, elusive.
AIDS: Legal and Policy Implications of the Application of Traditional Disease Control Measures
Authors: Curran William J. , Clark Mary E. , Gostin Larry 
Published: June 2007

Public health is fundamentally about the values of community, the shared interests in life, health, and security. How the community perceives disease is not solely an issue of medical knowledge, but a function of the interrelated economic, social, and moral beliefs of the society. Our response to particular diseases will be colored to some extent by our image of the individuals or groups most directly affected by that disease.Acquired immunodeficiency syndrome (AIDS) clearly poses a considerable threat to public health. The disease is thus far medically uncontrollable, and always fatal. The grim prognosis for persons with AIDS has intensified the urgency of developing a program to control and prevent the spread of the syndrome.
Patients' Interests and Clients' Wishes: Physicians and Lawyers in Discord
Authors: Dickens Bernard M. 
Published: June 2007

It is intended that this exploration of different interfaces of law and medicine will present a general overview. These reflections on some comparisons of and, particularly, contrasts between the health professions and the legal profession do not aspire to the profundity, moderation, or elegance of, for instance, Prof. William Curran's recent learned discourse. They are self-consciously more polemical than a truly scholarly study should be, and include some crude or simplistic characterizations. Their purpose is to provoke reaction, however, and thereby to contribute to health professionals' and lawyers' consideration of their experience of each other.It is trite to observe that the two inevitabilities of modern existence are death and taxes. It is more interesting to observe the consequence, however: that the professional mediators of death and taxes—namely, health professionals and lawyers—are equally inescapable. Members of these professions are not necessarily propelled into each other's arms, but in their professional and personal lives they cannot extricate themselves from each other's disciplines.
Insurers, Consumers, and Testing: The AIDS Experience
Authors: Hiam Peter 
Published: June 2007

At the end of 1987, the insurance industry could breathe a sigh of relief. By a combination of good luck, astute planning, and nerve, life and health insurers had managed to impose HIV-testing requirements on insurance applicants while making few concessions to the gay community or insurance regulators. To a greater degree than almost anyone had thought possible, the insurers had deflected most of the expected health costs from the AIDS epidemic onto the nation’s taxpayers, and had taken steps to deny life or health insurance to anyone they considered to be at risk of AIDS.The use of blood tests to determine if an individual is infected with the human immunodeficiency virus (HIV) that causes AIDS has been a matter of considerable controversy. Yet to date only a handful of states have restricted the use of HIV testing by companies offering life or health insurance.
Trying Not to Talk Forever: A Tool for Change
Authors: Wolf Susan M. 
Published: June 2007

George Annas’ review finds most of what is in the Hastings Center’sGuidelines on the Termination of Life-Sustaining Treatment and the Care of the Dying“solid.” He takes no issue with the major substantive points. The fundamental premise of the book—that patients’ interests must be protected and their decision-making authority defended—is a view Professor Annas has long championed as well.Despite this basic agreement, Annas’ criticisms would be significant ones if theGuidelineswere what he presents them to be. But they clearly are not. As theGuidelinesthemselves state: These are ethics guidelines; they are not legal guidelines. They are an attempt to offer practical and reasonably concise suggestions for how to make decisions; they are no substitute for the literature on the pros and cons of different approaches to the termination of treatment. They are meant to provoke a necessary process of debate within a health care institution; they are not the final moral truth.
The Case of Baby M: Love's Labor Lost
Authors: Smith George P. 
Published: June 2007

It has been estimated that in the United States some twenty thousand babies are born through artificial insemination by donor (AID) each year. With the startling new advances in reproductive technology, or what has been termed collaborative conception, it is now possible for a child to have up to five parents: an egg donor, a sperm donor, a surrogate mother who gestates the fetus, and the couple who actually raises the child. What we now face, then—not only in considering the New Jersey Supreme Court's decision In re Baby M but in the whole area of the new reproductive biology—is, in the words of a popular columnist, a mess.Interestingly, the enormity of this complex, multiparent scenario—which Kerns to be on its way to becoming a reality with Baby M and its anticipated progeny—was totally lost on Mary Beth Whitchead. I just can't see how four peeple loving [Baby M], five people loving her, can hurt her, she said recently.
Intentional Injury: Are There No Solutions?
Authors: Hawkins Darnell F. 
Published: June 2007

Injury control has gained gradual acceptance as both a public policy concern and the focus of scholarly research during the last decade. Observers have noted the costs to American society of both intentional and unintentional injuries and have sought to identify preventive intervention strategies that can reduce their incidence and impact. Although many of these intervention efforts have just begun, researchers have been far more successful at identifying potential strategies for the prevention of unintentional than for intentional injury. Indeed, many observers have asked whether the majority of intentional injuries can be prevented at all. In this paper I examine the various problems associated with the prevention of intentional injuries such as homicide, assaultive violence, and suicide. Homicide among blacks is used to illustrate the variety of theoretical, ideological and practical concerns that must be confronted in efforts to successfully prevent intentionally induced injury.Proponents of efforts to designate injury, both intentional and unintentional, as a health concern have suggested that one result of such a designation will be the development of more effective strategies for the prevention of injuries.
Motor Vehicle Injuries: The Law and the Profits
Authors: Robertson Leon S. 
Published: June 2007

Motor vehicle injury in the United States constitutes the leading cause of death during more than half of the normal lifespan: from a few months after birth until 40 years of age. The number of deaths from motor vehicles in the U.S. annually during the 1980s has ranged from 5 1,000 to 43,000, approximately equal to the total deaths of U.S. combatants in the entire Vietnam War. In addition, millions of people each year are the victims of nonfatal motor vehicle injury and thousands become permanently disabled and dependent for the remainder of their lives as a result of brain, spinal cord and other damage incurred in motor vehicle crashes.During the first half of this century, the manufacturers of motor vehicles successfully evaded responsibility for the damage done by their products. Although the increased risk of motor vehicle travel compared to horse-drawn vehicle and train travel was recognized by 1905, vehicle manufacturers and “safety experts” (often allied in symbiotic associations) managed to define the problem as mainly one of errant drivers.
Refusing Treatment, Refusing to Talk, and Refusing to Let Go: On Whose Terms Will Death Occur?
Authors: Meisel Alan 
Published: June 2007

The wish of many to die with dignity in the face of medical technology, which holds out the hope of continued life but can dehumanize those whom it sustains, is played out countless times in hospitals and nursing homes every day. Each day, hundreds, if not thousands, of decisions must be made about administering or withholding life-sustaining treatment for critically ill patients. Occasionally it spills over into the courtroom and the press, creating the impression that there is a large volume of such litigation. In fact, the number of litigated cases is relatively small–approximately 50 reported cases since the Quinlan case in 1975, and possibly a few times that number in unreported cases.Betty's case did not wind up in the courts, though it is the kind that could have, given the combination of her physicians not talking to Betty and her family, not listening to them, and not hearing them, and their apparent unwillingness to let Betty die peacefully without aggressive treatment.
International Dimensions of the Department of Justice Arguments in theWebsterCase
Authors: Cook Rebecca J. 
Published: June 2007

In the Brief for the United States asAmicus Curiaesupporting the Attorney General of Missouri in theWebstercase, the Department of Justice invoked a favorable image of European legislative responses to the practice of abortion in order to argue the appropriateness of locating legislative control at the state level, as opposed to the level of federal law. It was further claimed that it was necessary for the Court to set aside its 1973 decision inRoe v. Wadein order for legislation in the U.S. to be consistent with the laws of other countries with which the U.S. “shares a common cultural tradition.”The foundation on which these arguments were based is fundamentally flawed. The Department's brief omitted reference to the setting of Western European national legislation within the framework of international law , and in particular of the European Convention on Human Rights and Fundamental Freedoms.
Abortion and Distortion of Justice in the Law
Authors: Dickens Bernard M. 
Published: June 2007

Opinions differ about whether the legality of induced abortion isthemost divisive social issue of the present time, but all agree that it is a strong contender for that status. The argument about which form of legislation would lower or raise the incidence of abortion has an empirical dimension, but many of the opposing arguments concern values and ideologies. The value of human life and the respect to which it is entitled, represented in the sympathetic form of the human fetus, are pitted against the value of women's self-determination and well-being, and the respect and status that women enjoy as decision-makers over their bodies and destinies.The very language in which different persuasions are expressed often resonates with values. The pro-life/pro-abortion distinction incorrectly suggests that those who favor women's choice prefer that it be made in favor of abortion, whereas the pro-choice/anti-choice distinction incorrectly suggests that opposition to abortion rests on hostility to self-determination rather than on the assertion of more positive values, notably the sanctity of human life at all stages of development. The practice adopted below will be to give protagonists of different views the descriptions they give themselves, namely pro-choice and pro-life, although the author will not attempt to conceal a personal pro-choice preference.
HIV Screening: Nosocomial Epidemiologic Risks and Decision Analysis
Authors: Pauker Stephen G. 
Published: June 2007

Acquired immunodeficiency syndrome continues to expand exponentially, although the rate of growth in some sectors of the population has been slowing. Unfortunately, these clinically manifest cases constitute only a tiny fraction of the population infected with the human immunodeficiency virus. Epidemiologic data provide only crude estimates of the prevalence of asymptomatic viral infection, although more specific information is available for certain groups, most often defined by demographic, behavioral and medical information. Those data suggest that the prevalence of virus varies some 5000-fold from as low as 0.01 percent up to 50 percent.The extraordinary and relatively unmodifiable consequences of HIV infection provoke increasing concern among health care workers about the possibility of nosocomial infection. For nosocomial transmission to occur: 1) the patient must be infected; 2) parenteral exposure to blood or certain other body fluids must occur; and 3) the virus must be transferred (with the latter likelihood being proportional to the quantity of exposure).