This Article  • Full text  • PDF  • Send to a friend  • Save in My Folder  • Save to citation manager  • Permissions  Citing Articles  • Citation map  • Citing articles on HighWire  • Citing articles on Web of Science (13)  • Contact me when this article is cited  Related Content  • Similar articles in JAMA  Topic Collections  • Medical Practice  • Law and Medicine  • Alert me on articles by topic  Social Bookmarking   What's this?

Sara Rosenbaum, JD

JAMA. 2003;289:1546-1556.

The evolution of US law has had an enormous influence on medicine as a profession, and much of this legal evolution can be attributed to changes in the science and practice of medicine. This changing legal framework and its intersection with medicine has many facets. Three of the most important facets concern the evolution of the no duty-to-treat principle and the role of modern health care financing and civil rights law in altering this rule, the manner in which advances in medicine led courts and legislatures to change the standards against which professional medical liability is measured, and the basic loss of highly preferential treatment under US laws aimed at preventing anticompetitive conduct by businesses. However, despite the impact on the profession of an evolving legal system, concern over the integrity of medical professionalism continues to significantly influence both laws and lawmakers, including legislatures, regulatory agencies, and the courts.

Author Affiliation: Department of Health Policy, Health Law and Policy, The George Washington University Medical Center, School of Public Health and Health Services, Washington, DC.

CiteULike    Connotea    Del.icio.us    Digg    Reddit    Technorati    Twitter     What's this?

THIS ARTICLE HAS BEEN CITED BY OTHER ARTICLES

Invited Article: Professionalism in neurology: The role of law
Larriviere and Beresford
Neurology 2008;71:1283-1288.
ABSTRACT | FULL TEXT  

African American Physicians and Organized Medicine, 1846-1968: Origins of a Racial Divide
Baker et al.
JAMA 2008;300:306-313.
ABSTRACT | FULL TEXT  

Orthopaedics and the Law
Suk et al.
J Am Acad Orthop Surg 2005;13:397-406.
ABSTRACT | FULL TEXT  

Over-the-Counter Availability of Plan B Emergency Contraception: Further Discussion and Commentary
Fincham et al.
The Annals of Pharmacotherapy 2005;39:346-351.
ABSTRACT | FULL TEXT  

The Uses of The Social Transformation of American Medicine: The Case of Law
Jost
Journal of Health Politics, Policy and Law 2004;29:799-814.
 

Performance Improvement and Peer-Review Activities: Are They Immune from Legal Discovery?
Berlin
Am. J. Roentgenol. 2003;181:649-653.
FULL TEXT