Chapter 1.D--Moral, Economic,
and Political Themes
Chapter 1.D.1--Competing Paradigms
Prof.
Bill Sage has written an important article that distinguishes between
"relational duties," which are owed to individual patients based on
fiduciary duties, and "regulatory duties," which are based on broader
public policy. He argues that health law has a "relational
bias," too often treating regulatory duties as if they were
relational. William M. Sage, Relational duties, regulatory duties, and
the widening gap between individual health law and collective health policy, 96
Geo. L.J. 497-522 (2008).
Chapter 1.D.2--Ethics, Empirics, and Narrative
On teaching bioethics generally, see Roger B. Dworkin,
Bioethics? The Law and Biomedical Advance, 14 Health Matrix 43 (2004).
The NIH maintains a website for Bioethics
Resources on the Web.
An excellent narrative account of what it is like to go through a medical residency in a large-city hospital ran in the New York Times, Nov. 14-17, 1999 (reporter N.R. Kleinfield). It contains discussions of EMTALA and pharmaceutical company sales tactics, among other topics.
An important article surveying the development and scope of empirical health
law scholarship is Michelle M. Mello and Kathryn Zeiler,
Empirical health law scholarship: the state of the field, 96 Geo. L.J.
649-702 (2008).
Chapter 1.D.3--Feminist and Critical Race Perspectives
For narrative accounts by doctors who reflect on the impact of racial discrimination, see Vanessa N. Gamble, Subcutaneous Scars, 19(1) Health Aff. 164 (Jan. 2000), and Neil S. Calman,Out of the Shadow, 19(1) Health Aff. 170 (Jan. 2000).
The following are useful government and university web sites relating to
civil rights in health care:
Office of Minority
Health and Health Disparities
Minority Health Project, University of
North Carolina
For
further information and debate regarding racial disparities in health care,
see Symposium, Disentangling Fact from Fiction: The Realities of Unequal
Health Care Treatment, 9 DePaul J. Health Care L. 667-884 (2005); Symposium,
27(2) Health Aff. 318 (April 2008); J. Escarce &
S. Goodell, Racial and Ethnic Disparities in Access
to and Quality of Health Care, RWJF Synthesis Report (Sept.
2007); Jonathan Klick & Sally Satel, The Health Disparities Myth (AIE Press, 2006).
Questioning whether informed consent law is well-suited to ethnic and regligious minorities, see Dayna
Bowen Matthew, Race, Religion, and Informed Consent: Lessons from Social
Science, 36 J. L. Med. Ethics 150 (Spring 2008).
Focusing on the case BiDil case of race-specific
heart medication, see Symposium, Facts and Fictions: BiDil
and the Resurgence of Racial Medicine, 36 J. L. Med. & Ethics 443 (2008).
Chapter 1.D.4--Economics
The Federal Trade Commission held an extensive set of hearings in 2003-2004
on Health Care
Competition Law and Policy, resulting in a comprehensive report,
Improving
Health Care: A Dose of Competition (July 2004).
See
also D.A. Wells, et al., What is Different about the market for Health Care?
298 JAMA 2785 (2007); Peter J. Hammer, The architecture of health care
markets: economic sociology and antitrust law, 7 Hous.
J. Health L. & Pol'y 227-264 (2007); Joseph White, Markets and
Medical Care: The United States, 1993-2005, 85 Milbank Q. 395 (2007); and
materials relating to the health
care reform debate.
Chapter 1.D.5--Rationing and Distributive Justice
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