Labels, Lawyers, & Logic

2015 ◽  
Vol 21 (2) ◽  
Author(s):  
Peter J. Pitts

America deserves access to high-quality health care without avoidable medical errors and complications. This achievable goal begins with harnessing and using the power of information. And that begins with clear, accurate, and usable labeling.The American health care system is undermined, underserved, and undervalued when labeling is written more for corporate liability protection than as a valuable tool for health care providers.Today, labeling includes excessive risk information and exaggerated warnings. And this has set into motion a dangerous dynamic: labeling that does not accurately communicate to either the health care professional or the patient the conditions in which any given product can be used safely and effectively. This is nothing less than a grave menace to the public health. America is suffering from a legal system that is dangerous to its health. Why has this happened? There is, unfortunately, a simple answer - fear of liability. Manufacturers have significant monetary incentives to add dense and confusing legalese because, under current law in most states, they can be found liable for failing to provide "adequate" warnings about therapeutic products. Money, not medicine, is driving this dangerous practice. When it comes to labeling written for lawyers rather than doctors, more is less.

1993 ◽  
Vol 31 (2) ◽  
pp. 349 ◽  
Author(s):  
Elizabeth Massey

Midwifery is recognized as an autonomous, self-governing profession under Ontario's Midwifery Act, 1991 and Regulated Health Professions Act, 1991. The author discusses the implications of this new legislation and addresses how the Acts define the nature and scope of midwifery practice. Although the new regulatory model grants midwives legal and professional status, their statutory scope of practice is limited to "normal" pregnancy, labour and delivery. Within the new regulatory framework, the authority to define the meaning of "normal" remains with physicians. Therefore, the capacity to control the scope and availability of midwifery services lies in the hands of the medical profession, which has historically been opposed lo the autonomous practice of midwifery. The author explores the other elements of the Midwifery Act, 1991, such as matters of assessment and diagnosis, and issues of potential liability, and whether or not these could hind midwifery practice by established medicine within the Ontario health care system. In implementing the Acts, much consultation remains to be done among members of the relevant professional bodies and the public to balance competing interests and views, while ensuring quality health care and consumer choice.


PEDIATRICS ◽  
1969 ◽  
Vol 44 (3) ◽  
pp. 312-314
Author(s):  
Alfred Yankauer

In contrast to the prevailing tenor of less than a decade ago, few voices can be heard today reassuring the public or the professional that the American "health care system" is itself in good health. Having dealt with the aged through Medicare, the national spotlight now focuses on children who form the other major segment of our "poverty population." Analyses and complaints, proposals and programs flow forth at an accelerating pace. Two types of programs are discussed in the current issues of Pediatrics-one as a proposal presented to the American Academy of Pediatrics last fall, and the other as a report of work in progress.


1990 ◽  
Vol 36 (8) ◽  
pp. 1612-1616 ◽  
Author(s):  
T A Massaro

Abstract By virtually all criteria, the American health-care system has the largest and most widely distributed technology base of any in the world. The impact of this emphasis on technology on the cost of care, the rate of health-care inflation, and the well-being of the population is reviewed from the perspective of the patient, the provider, and the public health analyst.


2008 ◽  
Vol 5 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Mohamed Salem Abou El Farag

AbstractThe article critically examines how Egyptian legislators made use of the degree of freedom left in the TRIPs Agreement for WTO Members to incorporate appropriate measures in their national laws aiming at meeting the public health needs and concerns, particularly access to quality health care and affordable pharmaceutical drugs. The article also explores and warns against the recent attempts made by a number of developed countries to impose TRIPs-plus obligations on several developing countries, including Egypt, for their detrimental effects on public health.


2010 ◽  
Vol 96 (2) ◽  
pp. 13-20 ◽  
Author(s):  
Humayun J. Chaudhry ◽  
Janelle Rhyne ◽  
Frances E. Cain ◽  
Aaron Young ◽  
Martin Crane ◽  
...  

IN BRIEF The authors describe a system in which physicians periodically demonstrate ongoing clinical competence as a condition of license renewal.


Author(s):  
Shirley A. Hill

Substantial data suggests that African Americans, even those who are insured, simply do not get the same quality of medical care as do White Americans. They not only bring to the medical encounter a legacy of medical mistrust, but are often treated disrespectfully by physicians who are less likely to aggressively pursue diagnoses and treatments for their black patients. Unequal access to quality health care is also a product of the dual health care system, with Blacks more likely to experience inferior and impersonal care in the public sector of that system.


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