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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
Chapter 5: The Right and "Duty" to Die
Chapter 6: Organ Transplantation: The Control, Use and Allocation of Body Parts
Chapter 7: Reproductive Rights and Genetic Technologies
Chapter 8: Public Health Law
Chapter 9: Health Care Financing and Reform
Chapter 10: Regulation of Health Care Facilities and Transactions

Preface

Chapter 1: Introduction

1. Overview Cases
2. The Nature of Medical Practice
1. Doctors and Hospitals
2. The Culture of Medicine
3. The Phenomenology of Sickness and Healing
4. The Nature of Medical Judgment
5. Evidence-Based Medicine
3. The Health Care Financing and Delivery System
1. Insurance and Regulation
2. The Crisis in Coverage and Spending
3. Changes in Financing and Delivery Systems
4. Moral, Economic, and Political Themes
1. Competing Paradigms
2. Ethics and Empiricism
3. Postmodern Critical Theory
4. Economics
5. Distributive Justice

1. The Duty to Treat
1. The Duty to Accept Patients
2. Wrongful Reasons to Reject Patients
2. The Structure of the Treatment Relationship
1. Forming a Patient-Physician Relationship
2. Limiting the Scope of the Treatment Relationship
3. Terminating the Treatment Relationship

1. The Fiduciary Nature of the Treatment Relationship
2. Confidentiality of Medical Information
1. The Duty to Maintain Confidentiality
2. The Duty to Breach Confidentiality
3. Informed Consent
1. Goals, Aspirations, Policies
2. The Competing Disclosure Standard
s
3. Limiting Liability for Failure to Disclose
4. Fiduciary Obligations, Conflicts of Interest, and Novel Disclosure Obligations
5. Human Experimentation and Research

1. Medical Mistakes and Quality
1. The Nature and Extent of Medical Error
2. Measuring the Malpractice System
3. Approaches to Improving Quality of Care
2. Physician Liability
1. The Custom-Based Standard of Care
2. Variations in the Standard of Care
3. Qualification and Examination of Medical Experts
3. Alternative Theories of Liability
1. Res Ipsa and Negligence Per Se
2. Ordinary Negligence
3. Breach of Contract
4. Vicarious Liability
5. Strict Liability
6. Products Liability
4. Causation and Affirmative Defenses
1. Causation
2. Statutes of Limitations
3. Affirmative Defenses
4. Arbitration and Waiver of Liability
5. Informed Consent Law
5. Damages and Settlement
6. Institutional Liability
1. Hospital Liability
2. Managed Care Liability
7. Medical Malpractice Reform

1. Refusal of Life-Sustaining Treatment
1. The Competent Patient
2. The Patient Whose Competence Is Uncertain
3. The Incompetent Patient
2. Physician Aid in Dying
3. Futility

1. Organ Donation
1. Competent Organ Donors
2. Incompetent Organ "Donors"
3. Redefining Death
2. Ownership and Control of the Body
1. Mandates or Incentives for Organ Donation
2. Ownership of Human Tissue
3. Allocation of Organs

1. A Right to Procreate?
2. A Right to Avoid Procreation?
1. Contraception
2. Abortion
3. State or Federal Recognition of Fetal Interests
1. Introduction
2. Pregnant Women and Forced Medical Treatment
3. Pregnant Women and Drug Use
4. Using Reproductive Technologies to Create New Families
1. Parenting Possibilities
2. Gamete Donation
3. In Vitro Fertilization and Frozen Embryos
4. Womb and Ovum Donors
5. Ethical and Legal Implications of Advances in Genetics
   1. Introduction
   2. Stem Cell Research
   3. Human Cloning
   4. Intellectual Property and the Ownership of Genetic Discoveries

1. Public Health Strategies
1. Medical and Legal Views of Public Health
2. Risk Assessment and Regulatory Competence
2. The Source and Limit of Authority to Protect Public Health
1. Constitutional Principles
2. Disability Discrimination
3. Regulating Medical Treatment to Protect Public Health
1. Restricting Consumer Choice to Protect Public Health
2. Testing and Public Health
3. Confidentiality, Reporting, and Contact Tracing
4. Isolation and Quarantine
5. Civil Commitment and Mandatory Treatment
4. Conclusion

1. Sources of Health Insurance
1. The Right to Health Care
2. Private Health Insurance
3. Public Insurance Programs
2. Insurance and HMO Regulation
3. ERISA Preemption
4. Health Insurance Coverage
1. Rationing and Discrimination
2. Determining What is Medically Appropriate
5. Provider Reimbursement
1. Open-Ended Reimbursement
2. Prospective Payment
3. Capitation Payment
6. Health Insurance Reform
   1. Foreign Models
   2. Reform Proposals
   3. Economic and Regulatory Theory

1. Professional and Facility Regulation
1. Professional Licensure
2. Facility Licensure and Accreditation
3. Certificate of Need Regulation
2. Corporate Form
   1. Nonprofit and Public Entities
   2. Charitable Tax Exemption
   3. The Corporate Practice of Medicine
3. Medical Staff Structure
1. Medical Staff Bylaws
2. Medical Staff Disputes
3. Membership in Managed Care Networks
4. Antitrust Law
1. Medical Staff Boycotts
2. Price-Fixing Law
3. Antitrust Merger Law
5. Referral Fee Laws

For questions or comments, please contact: healthlw@iupui.edu