Loyola University Chicago

Beazley Institute for Health Law and Policy

School of Law

Volume 14 (2004-2005)

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

Volume 14 (2004-05)

Editor-in-Chief: Sarah Guyton

Publications Editor: Gretchen M. Harris 

Technical Production Editor: Valerie L. Witmer 

Correspondence Editor: Robert A. Nanney 

Colloquium Editor: Alexis Wood 

Senior Editors:
Jennifer L. Arnold
Kerri-Ann Calderwood Baker
Katherine Geraghty
Lisa Meinhardt
Danielle Rickard 

Emily Alb
Mark Calaguas
Nina C. De Los Santos
Lily Donn
Douglass Farnsworth
Richard Frye
T. Nicholas Goan
Kristi Hinner
Laura Kenneally
James W. Kim
Colleen T. Keough
Ryan Mahoney
Scott Mascianica
Ann Meckstroth
Jack Murphy
Rebecca Novia
Rebecca Nunemaker
Rachel Osterbur
Melissa Pittman
Fatema Singaporewala
Jennifer Stuart
Donna Toohey
Tobin M. Wardell
Leah Wilke-Poniatowski

Issue 1, Winter 2005 


A Primer on the Law and Ethics of Treatment, Research, and Public Policy In the Context of Severe Traumatic Brain Injury
Authors:  Stacey A. Tovino, J.D. & William J. Winslade, Ph.D., J.D.   

This article addresses the legal and ethical implications of treatment, research, and public policy decisions in the context of severe traumatic brain injury.  Examining the tragic circumstances of a fifteen year-old boy from Connecticut who remained in a near vegetative state for almost three years, the authors provide a thorough discussion of the diverse legal and ethical issues encountered by those close to traumatic brain injury victims as they consider treatment options, research activities, and public policy decisions.  
Apology and Medical Mistake:  Opportunity or Foil?
Lee Taft, J.D., M.Div. 

An innovative examination of the true nature of apology and its ameliorative properties, this article discusses the difficult situations arising in the wake of medical error.  An interesting blend of psychology, sociology, and jurisprudence, the author responds to one physician's account of his tragic error, and offers evidence suggesting that the incidence of medical malpractice litigation may be diminished by physicians and hospitals taking responsibility and apologizing for their mistakes. 
Reconsidering the Model State Emergency Health Powers Act:  Toward State Regionalization in Bioterrorism Response
Author:  Matthew E. Brown, J.D. 

This article takes a critical look at the Model State Emergency Health Powers Act, legislation developed quickly as part of the country's "War on Terror."  The author examines the potential bioterrorist threat, criticizes protocols currently in place under the Act, and offers his suggestions for a more effective, more efficient response to bioterrorism in light of technological advances affecting warfare tactics and pathology. 
The MedSouth Joint-(Ad)venture The Antitrust Implications of Virtual Health Care Networks
Author:  Andrew S. Oldham, M.Phil. 

Winner of Epstein Becker & Green's 6th Annual Health Law Writing Competition, this article is a detailed examination of physician joint ventures and their impact on managed care.  The author analyzes the Federal Trade Commission's surprising endorsement of a Denver individual practice association, comments on the FTC's apparent lack of consideration of antitrust regulation, and eagerly anticipates the competition inevitably entering the managed care industry as a result. 

An Rx for the Modification of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003: Toward a Reform with Results
Authors:  Daniel Katz & Monica Deshpande 

This article provides a thorough analysis of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 and examines its impact on the efficiency of prescription drug coverage.  The authors explain the plan slated to take effect in January of 2006, highlight its inefficiencies, and offer their suggestions regarding potential improvements to eliminate problems in advance of the Act's implementation. 

Issue 2, Summer 2005

Articles from the Fourth Annual Health Law Colloquium: Oh, Darling!  40 Years Later:  The Legacy of Darling v. Charleston Community Memorial Hospital 
and the Evolution of Hospital Liability

Darling v. Charleston Community Memorial Hospital and Its Legacy
Author:  Mitchell J. Wiet, J.D.

An in-depth discussion of the historic decision in a landmark case regarding the evolution of hospital liability.

A New Quality Challenge:  Coordinating Credentialing and Corporate Compliance
Author:  Mark A. Kadzielski, J.D.

An examination of the post-Darling process of centralized credentialing.

New Governance Norms and Quality of Care in Nonprofit Hospitals
Author:  Thomas L. Greaney, J.D.

A critical look at the "three-legged stool" of hospital governance and the impact it has upon quality of care.

Looking at Accountability 40 Years after Darling
Authors:  Nathan Hershey, J.D. & Christine M. Jarzab, J.D.

An examination of the ramifications of the Darling decision. 

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