Showing papers in "Albany law review in 1994"

The influence of a professional organization on physician behavior.

Abstract: As many commentators have observed, our society often operates on the basis of the technological imperative: advances in medicine and in other fields are used because they are available, for their own sake, rather than for the overall good of the public.1 For example, cardiopulmonary resuscitation (\"CPR\") is sometimes administered to patients for whom there is virtually no possibility of restoring cardiac function, simply on the presumption that CPR should be applied to any patient whose heart has ceased beating.2 Medical innovations may also be misused on account of invidious biases. Tests for genetic abnormalities have been used in the past as a basis to unfairly discriminate against individuals who carry the abnormalities.3 Other inappropriate biases may also drive the use of innovations. For example, excessive resources have been devoted to certain technologies because of a societal bias in favor of treatment rather than prevention.4 To ensure that medical innovations are used in an ethically responsible fashion, a variety of approaches have been used. Professional societies establish guidelines,5 insurers employ utilization

Ghost mothers: human egg donation and the legacy of the past.

Abstract: Human egg donation is a fast growing segment of the infertility industry, and represents new challenges to the law. However, the legacy of the past prompts the discussion in this article. Legacy of the past refers to the legal and social precedents that inform the current debate over the direction of the law in recognizing the parent-child relationship that are formed when gametes are donated by individuals who do not intend to rear the resulting child. It also refers to our relationship with ancestors and descendents.This paper argues that America makes certain that genetic information is not only available for every child so conceived, but also identifying information is provided. This is in order to keep those ties to the past.

An IRB member's perspective on access to innovative therapy.

Abstract: Institutional Review Boards (IRBs) significantly influence patients’ access to innovative therapy. In hospitals, particularly academic medical centers, IRBs’ decisions may well control the extent to which certain types of innovative therapy are available. This article discusses the IRBs’ members individual responsibilities to facilitate research without sacrificing the interests of research subjects, whose protection is the primary responsibility of the IRB.

States as Innovators: It's Time for a New Look To Our "Laboratories of Democracy" in the Effort to Improve Our Approach to Environmental Regulation

Abstract: This article reviews the state of cooperative federalism in the United States. It does so both conceptually and at a very practical level. The article discusses and analyzes several ways in which states have served as innovative laboratories of democracy in the environmental arena.

New medical technology: a chance to reexamine court-ordered medical procedures during pregnancy.

Abstract: New medical technologies have the ability to treat fetuses in utero, but these technologies and treatments come with consequences for the women carrying the child, particularly in cases of fetal surgery. This comment discusses the emerging technology of fetal surgery and explores the legal consequences for women if physicians and courts force women to submit to such procedures in the future. The article proposes that neither courts nor physicians should override a pregnant woman’s choice to forgo fetal surgery. It further concludes that after courts have been given the opportunity to explore the issues, forced cesarean sections will no longer be permitted under the flawed logic used to justify their imposition in prior cases.