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Biomedical subjects

M J Zaremski

Publications and source records attributed to M J Zaremski.

17 recordsLinked to original sources

Recent developments in medicine and law.

This article addresses important developments in the field of medicine and the law during the last year and highlights some of the significant areas of law affecting health care providers that should be considered. Actions against health care providers may include challenges to peer review immunity, allegations concerning the practice of medicine across state lines without a license, and even accusations of wrongfully assisting a patient to commit suicide. These areas are addressed in turn by this article. Finally, antitrust developments over the last year are briefly addressed as an emerging area of concern for providers forming complex practice networks in today's health care arena.

Antitrust Laws↗

Computerization: reengineering the lawyering process for the 21st century.

Alvin and Heidi Toffler, describe the benefits of "informationware" and how one of the most tradition-bound organizations, the armed forces, has substantially changed its operations. According to the authors, mere knowledge is not sufficient to prevail; how one manages or uses knowledge separates winners from losers. Further, the authors say "...basically add new elements or create new combinations of old elements within an existing 'game.' A true revolution goes beyond that to change the game itself, including its rules, its equipment, the size and organization of the 'teams,' their training, doctrine, tactics, and just about everything else. Even more important, it changes the relationship of the game to society itself." Application of this theory to today's litigation is obvious and compelling. The ways in which clients and defense counsel obtain, analyze, and strategically apply evidence and legal principles must change to incorporate the informationware this society uses in other lines of business. This means more extensive and appropriate usage of computer hardware in a software environment that fully supports emerging client and defense counsel needs. The computer system must provide case direction, helpful suggestions, and direct, rapid access to data bases containing information presently available only through person-to-person networking.

Computer Systems↗

Surfing Stark II: prohibition against self-referrals.

In 1989, the Chairman of the House Ways and Means Subcommittee on Health, Fortney (Pete) Stark (D.-Calif.), turned the health care industry on its ear by introducing the "Ethics in Patient Referrals Act" to Congress. The bill, commonly known as "Stark I," prohibited physician referrals to entities in which they held a financial interest. As Stark's bill made its way through Congress, its substance was dramatically reduced by the legislative process. Ultimately, the law was incorporated as part of the Omnibus Budget Reconciliation Act of 1990. Stark I's main thrust is that it bars physicians from referring Medicare patients to clinical laboratories with which they have a financial relationship. Furthermore, laboratories providing those services must report information concerning any ownership arrangements between the referring physician and the laboratory. Now, to complicate the picture, providers must contend with amendments to the original law that extend the reach of its prohibitions. Called "Stark II," these amendments took effect on January 1, 1995. In this article, guidelines for dealing successfully with the requirements of the law are outlined.

Centers for Medicare and Medicaid Services, U.S.↗

The business plan to manage high-damage liability lawsuits.

The material in this article is based on the concept of a business plan. Commonly used by business organizations, a business plan is a written document that provides the blueprint for development of a business concept, such as a product or a service. It includes a description of the business idea itself and an explanation of how the originators of the idea will develop the idea into a money-making venture. The development aspect of the business plan is known as a strategy. As applied to managing lawsuits, a business plan may also be defined as a blueprint. What is described here demonstrates how the elements or components of a business plan may be adapted to gain advantages in active litigation, particularly in high-damage cases. In order for their working relationship to be most effective, both defense counsel and client should follow the methodology outlined in this article.

Costs and Cost Analysis↗

Judging science.

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Expert Testimony↗