Climate Change, Public Health, and the Law provides the first comprehensive explication of the dynamic interactions between climate change, public health law, and environmental law, both in the United States and internationally. Responding to climate change and achieving public health protections each require the coordination of the decisions and behavior of large numbers of people. However, they also involve interventions that risk compromising individual rights. The challenges involved in coordinating large-scale responses to public health threats and protecting against the invasion of rights, makes the law indispensable to both of these agendas. Written for the benefit of public health and environmental law professionals and policymakers in the United States and in the international public health sector, this volume focuses on the legal components of pursuing public health goals in the midst of a changing climate. It will help facilitate efforts to develop, improve, and carry out policy responses at the international, federal, state, and local levels.
Historically and across societies people with disabilities have been stigmatized and excluded from social opportunities on a variety of culturally specific grounds. In this collection, the authors explore the impact that the philosophical framing of disability can have on public policy questions, in the clinic, in the courtroom, and elsewhere. They examine the implications of this understanding for legal and policy approaches to disability, strategies for allocating and accessing health care, the implementation of the Americans with Disabilities Act, health care rights, and other legal tools designed to address discrimination. This volume should be read by anyone seeking a balanced view of disability and an understanding of the connection between the framing of disability and policies that have a real-world impact on individuals.
Essentials of Health Justice examines the social and structural determinants of health, systems of care for underserved populations, health equity, social justice and health policy. Unlike other texts of its kind, Essentials of Health Justice uniquely focuses on the legal, structural, and justice issues underlying health disparities; the adequacy of current safety net programs and legal protections affecting the health of vulnerable populations; health policy, law and system design focused on achieving health equity; and concrete strategies for bringing about change to promote health justice. Essentials of Health Justice can serve as a stand-alone text or supplement for a range of undergraduate, graduate, law, public health, medical, nursing and other health professions courses.
The individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In Healthcare and Human Dignity, individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient's need for dignity has received scant attention. Thus, in Healthcare, law professor Frank McClellan's collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.
Maintaining cybersecurity in today's technologically driven world is vital to the health of any business. Media outlets continue to report on large-scale data breaches affecting millions of consumers' information and costing companies millions, and sometimes even billions, of dollars to rectify. Organizations, particularly those within or touching the healthcare industry, remain the most attractive of targets for cyber attackers given the higher and lasting value of personal health information.The goal of this book is to help bolster stakeholders' knowledge of cybersecurity in the healthcare industry, with the aim of pinpointing current and impending threats to the industry's data security. The topics to be addressed include types of cybersecurity threats; ransomware in healthcare; how to prepare for and respond to cybersecurity attacks; the cost of inadequate security measures; and managing privacy and cybersecurity risks.
Public policy responses to escalating medical costs and constrained access pose fundamental challenges to health care law. Profound medical advances also generate many ethical dilemmas. This authoritative discussion considers how law and ethics respond to these driving social, economic, and political forces of innovation, crisis and reform. Topics include health insurance reform, health care finance and delivery structures, treatment relationships, facility and insurance regulation, corporate and tax law, refusal of life support, organ donation, and reproductive technologies.
This book gathers scientific contributions on comprehensive approaches to personalized medicine. In a systematic and clear manner, it provides extensive information on the methodological, technological, and clinical aspects of high-throughput analytics, nanotechnology approaches, microbiota/human interactions, in-vitro fertilization and preimplantation, and various diseases like cancer. Moreover, the book analyzes the social and legal aspects of social security systems, healthcare systems and EU law - e.g. the role of solidarity, regulatory possibilities and obstacles, justice and equality, privacy/disclosure of data, and the right to know - from an interdisciplinary perspective. Lastly, it explores the economical and ethical context in the fields of business models, intellectual property issues, the patient/physician relationship, and price discrimination.
Public Health Law in a Nutshell, 3rd Edition (2018) provides a fascinating and informative assessment of the critical role of law in American society to protect the community's health. Understanding the field of public health law encompasses its constitutional sources and limits as well as historic and modern attempts to regulate in the interests of public health and safety. This Nutshell explains and addresses these issues within a modern framework supporting the role of law toward improved health outcomes. Updated to reflect key developments through mid-2017, the Nutshell's 11 chapters and 130+ graphics, illustrations, and figures lay out definitive legal issues underlying core public health powers to prevent and control communicable and chronic conditions, as well as injuries and related deaths. It also explores legal routes to counter other public health threats, including tobacco and alcohol use, guns, vehicles, and defective products. Additional chapters center on difficult trade-offs related to public health information surveillance and privacy, commercial speech regulation, zoning and the built environment, and emergency legal preparedness. This Nutshell is a "must have" text for legal or public health practitioners in the field, law- and policy-makers seeking to protect the public's health, and graduate students in schools of law, public health, or medicine, as well as undergraduates, assessing these issues as part of their coursework or research interests.
In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA). This was done to combat the perceived problem of "patient dumping," where hospital emergency rooms were refusing to treat patients that did not have health insurance. This book covers everything you need to know about EMTALA, from its history and regulatory framework to the requirements it places on hospitals to this day. This includes larger considerations like what constitutes a legitimate emergency medical condition, but also smaller (but still important) ones like signage and proper record keeping. The book also looks at other considerations, like dealing with psychiatric patients, malpractice, and disaster response. What Is...EMTALA? is a must for any attorney working in the field of patient's rights.