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Mark A. Hall
Fred D. and Elizabeth L. Turnage
Professor of Law and Public Health

Wake Forest University

Mary Anne Bobinski
Dean and Professor of Law
University of British Columbia Faculty of Law

David Orentlicher
Samuel R. Rosen Professor of Law
Indiana University Robert H. McKinney School of Law


This is the website for the complete 8th edition.

For the softbound volumes, see The Law of Health Care Finance and Regulation (3d ed.),
Bioethics and Public Health Law (3d ed.), and Medical Liability and Treatment Relationships (3d ed.)

For the previous edition, see 7th edition website.

* Significant New Developments *

Affordable Care Act. In July 2013, the Obama administration delayed enforcement of the employer mandate to offer health care coverage from 2014 to 2015.

End-of-Life Decisions. In May 2013, Vermont became the third state to enact an aid in dying statute and the first state to do so by legislative action. In January 2014, a state trial court judge in New Mexico concluded that the state constitution recognizes a right to aid in dying for terminally ill patients. The full decision is here.

Organ Transplantation. In June 2013, UNOS authorized case-by-case exceptions to its policy excluding transplants of adult lungs into children younger than age 12.

Patenting Genes. In June 2013, the U.S. Supreme Court rejected patents on human genes but did permit patents on composite DNA (cDNA).


Table of Contents

You will find updates and other supplemental information for each chapter by clicking on the chapter title below or scrolling down on this page to the list of subsections for each chapter. At the list of chapter subsections, you will find that there is additional material for the sections of the chapter that have links.

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


Chapter 1: Introduction

  1. The Nature of Medical Practice
    1. Patients, Doctors, and Hospitals
    2. Medicine, Illness, and Healing
    3. The Nature of Medical Judgment
  2. The Health Care Financing and Delivery System
    1. The Crisis in Access, Cost, and Quality
    2. History and Structure of Financing and Delivery Systems
    3. Health Care Reform
  3. Moral, Economic, and Political Themes
    1. Competing Paradigms
    2. Ethics and Empiricism
    3. Postmodern Critical Theory
    4. Economics
    5. Distributive Justice
Chapter 2: The Treatment Relationship: Formation and Termination
  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
Chapter 3: The Treatment Relationship: Confidentiality, Consent, and Conflicts of Interest
  1. The Fiduciary Nature of the Treatment Relationship
  2. Confidentiality of Medical Information
    1. The Federal Duty to Maintain Medical Privacy: Federal Privacy Regulations (HIPAA)
    2. The Duty to Breach Confidentiality
  3. Informed Consent
    1. Goals, Aspirations, Policies
    2. The Competing Disclosure Standards
    3. Limiting Liability for Failure to Disclose
    4. Fiduciary Obligations, Conflicts of Interest, and Novel Disclosure Obligations
  4. Human Experimentation and Research
Chapter 4: Medical Malpractice
  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. Res Ipsa and Negligence Per Se
    4. Ordinary Negligence
  3. Qualification and Examination of Medical Experts
  4. Alternative Theories of Liability
    1. Breach of Contract
    2. Vicarious Liability
    3. Strict Liability, Products Liability, and Preemption
  5. Causation and Affirmative Defenses
    1. Causation
    2. Statutes of Limitations
    3. Affirmative Defenses
    4. Arbitration and Waiver of Liability
    5. Informed Consent Law
  6. Damages and Settlement
  7. Institutional Liability
    1. Hospital Liability
    2. Managed Care Liability
  8. Medical Malpractice Reform
Chapter 5: The Right and "Duty" to Die
  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
Chapter 6: Organ Transplantation: The Control, Use, and Allocation of Body Parts
  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
Chapter 7: Reproductive Rights and Genetic Technologies
  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. Traditional and Gestational Surrogacy
  5. Ethical and Legal Implications of Advances in Genetics
    1. Introduction
    2. Human Stem Cell Research
    3. Human Reproductive Cloning
    4. Intellectual Property and the Ownership of Genetic Discoveries
    5. Intellectual Property, Human Genes, and Human Stem Cells
Chapter 8: Public Health Law
  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. Testing and Public Health
    2. Confidentiality, Reporting, and Contact Tracing
    3. Isolation and Quarantine
    4. Civil Commitment and Mandatory Treatment
  4. Restricting Consumer Choice to Protect Public Health
        1.    The FDA, Pharmaceutical Regulation, and the Constitution
        2.    Federal-State Conflicts: State Regulation and Medicinal Marijuana
        3.    Clashes in Values and Jurisdictional Boundaries: Public Health Regulation and the Crushing Obesity Epidemic
  5. Conclusion
Chapter 9: Health Care Financing and Reform
  1. Sources of Health Insurance
    1. The Right to Health Care
    2. Private Health Insurance
    3. Public Insurance Programs
  2. Insurance and Managed Care 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. National Health Insurance
    1. Universal Coverage Models
    2. Economic and Regulatory Theory
Chapter 10: Regulation of Health Care Facilities and Transactions
  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

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