Strangers in the Night

Strangers in the Night : Law and Medicine in the Managed Care Era

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Description

More than ever before, the legal system plays a vital role in virtually every aspect of the current health care system. From the congressional debate over patients' rights legislation to judicial rulings on the denial of health care services, the legal system is integrally involved in the organization, financing and delivery of health care. Patients thus have a large stake in how the law influences medical care. This book explains how the legal system helps shape health care delivery and policy, explores new ways of looking at the relationship between law and medicine, and reflects on why it all matters. The story focuses on the judicial response to the advent of managed care, especially challenges to cost containment initiatives, and shows how the legal system has facilitated managed care's dominance over the health care system. An equally important part of the story is the evolution of the relationship between physicians and attorneys and how their mutual antagonism affects patient care. In the end, the stories come together around a strategy for reconciling the difficult health policy choices the country faces and for restoring the physician-patient relationship to the centre of health care delivery.show more

Product details

  • Hardback | 296 pages
  • 162.6 x 236.2 x 30.5mm | 589.68g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 0195152719
  • 9780195152715

Review quote

"For everyone seeking to understand how we got ourselves into our present --and seemingly endless-- difficulties with managed care, and for anyone interested in seeking a way for us to get out of them short of restructuring the whole health sector, this book can serve as a useful and important roadmap." --Michigan Law Review"In Strangers in the Night, Peter Jacobson provides a thorough, comprehensive, and thoughtful analysis of the effect of attorneys and the legal system on physicians and health care from historical, legal, and policy perspectives. This book should interest physicians, health care administrators, attorneys, health policy makers, and all who have an interest in identifying ways to make affordable, cost-effective health care available to all. Professor Jacobson has done a superb job in explicating a very complex subject in a highly readable manner." --The Journal of Legal Medicine"The virtue of Jacobson's book is that it reflects on a hidden dimension of everyone's right to health care. This makes it highly recommendable to all those who seek to understand more about the role the legal system plays in how health care is organized, financed and delivered." --Nursing Ethics"[This book] provides a thorough, comprehensive, and thoughtful analysis of the effect of attorneys and the legal system on physicians and health care from historical, legal, and policy perspectives. Professor Jacobson has done a superb job in explicating a very complex subject in a highly readable manner." -Journal of Legal Medicineshow more

Table of contents

Part I Historical Perspectives on Law and Medicine: Law and Medicine: An Overview; From Co-operation to Contenion; From Liability to Business. Part II The Judicial Response to Managed Care: Historical Precursors; The Courts and Managed Care - Establishing the Rules; Immunity; The Backlash; Managed Care Litigation - Shaping Policy and Health Care Delivery. Part III Restoring the Primacy of the Physician-Patient Relationship: Mutual Distrust Between Physicians and Attorneys; Fiduciary Duty; Strangers in the Night or Conciliation and Co-operation?show more