Chapter 4.D.3--Affirmative
Defenses
For a thorough analysis that applies Schneider v. Revici and
related doctrines to patients' cost-motivated refusals of optimal care, see
Mark Hall & Carl Schneider, When Patients Say No (To Save Money): An Essay
on the Tectonics of Health Law, 41 Conn. L. Rev. 743 (2009).
The Oklahoma supreme court ruled that a physician who
responded to a hospital patient's code blue emergency is immune from liability
under the Good Samaritan law. Gomes v. Hameed, 184
P.3d 479 (Okla. 2008).
Arguing for more
liability protection of physicians who respond to public health emergencies,
such as bioterrorism or a flu pandemic, see Sharona
Hoffman, Responders ' Responsibility: Liability and Immunity in Public Health
Emergencies, 96 Georgetown L. J. 1913 (2008).
Chapter 4.D.4 -- Arbitration
On
arbitration, see, Kenneth DeVille, The Jury is Out:
Pre-Dispute Binding Arbitrartion Agreements for
Medical Malpractice Claims, 28 J. Leg. Med. 333 (2007).