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Biomedical subjects

A J Rosoff

Publications and source records attributed to A J Rosoff.

16 recordsLinked to original sources
PubMed2001

Evidence-based medicine and the law: the courts confront clinical practice guidelines.

This article examines how courts are likely to apply evidence-based medicine, and particularly clinical practice guidelines (CPGs), in healthcare litigation involving quality-of-care and entitlement-to-benefits (coverage) claims. Exploring the "politics" of the current situation, it observes that, just as clinicians have been reluctant to use CPGs in practice, courts have been, and likely will continue to be, slow to apply them in deciding cases., The article analyzes extant and proposed statutory approaches to legitimizing and promoting courts' use of CPGs. It concludes by renewing the author's earlier and controversial proposal to establish a voluntary federal program for certifying guidelines and directing courts to give certified CPGs greater weight in healthcare litigation.

Certification↗
PubMed1989

Treatment undertaken without express consent.

The issue of patient consent has recently become the focus of much attention and litigation. Under the doctrine of informed consent, physicians must make adequate disclosures to patients before proceeding with treatment, unless the circumstances make obtaining the patient's express consent impracticable. This article explores the rules whereby physicians may render treatment under such circumstances.

Emergencies↗
PubMed1988

The business of medicine: problems with the corporate practice doctrine.

Recent changes in the American medical care system, such as new forms of practice used by physicians and hospitals, have presented new and uncertain legal issues. This Article discusses these changes and how older legal doctrines, such as the corporate practice of medicine, have become outdated and are in need of change. Furthermore, efforts to remedy these outmoded legal policies are explored as well as ways for the practicing attorney to avoid the problems they cause.

Commerce↗
PubMed1978

Physician responsibility for the cost of unnecessary medical services.

Most diagnostic and therapeutic services are ordered by physicians, but physicians practicing under fee-for-service conditions have few incentives to contain the costs of medical care. Without such incentives, effective cost control through mechanisms such as Professional Standards Review Organizations have been disappointing. Several legal approaches might be used to increase physicians' responsibility for the cost of unnecessary services--expansion of tort law, implied contact, redesign of insurance mechanisms, equitable estoppel and informed consent. However, increasing physician responsibility will require uniform but flexible definitions of medical necessity, reliable means for predeterming the need for services and effective penalties or incentives. We propose a peer-review system that would incorporate the sharing of financial risk among physician, hospital, insurer and patient in the fee-for-service sector.

Costs and Cost Analysis↗