Risk Disclosure and the Recruitment of Oocyte Donors: Are Advertisers Telling the Full Story?
This study analyzes 435 oocyte donor recruitment advertisements to assess whether entities recruiting donors of oocytes to be used for in vitro fertilization (IVF) procedures include a disclosure of risks associated with the donation process in their advertisements. Such disclosure is required by the self‐regulatory guidelines of the American Society for Reproductive Medicine (ASRM) and by law in California for advertisements placed in the state. We find very low rates of risk disclosure across entity types and regulatory regimes, although risk disclosure is more common in advertisements placed by entities subject to ASR...
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Hillary B. Alberta, Roberta M. Berry, Aaron D. Levine Tags: Independents Source Type: research

Genomic Research with the Newly Dead: A Crossroads for Ethics and Policy
Recent advances in next generation sequencing along with high hopes for genomic medicine have inspired interest in genomic research with the newly dead. However, applicable law does not adequately determine ethical or policy responses to such research. In this paper we propose that such research stands at a crossroads between other more established biomedical clinical and research practices. In addressing the ethical and policy issues raised by a particular research project within our institution comparatively with these other practices, we illustrate the moral significance of paying careful heed to where one looks for gui...
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Rebecca L. Walker, Eric T. Juengst, Warren Whipple, Arlene M. Davis Tags: Independents Source Type: research

A Systematic Review of State and Manufacturer Physician Payment Disclosure Websites: Implications for Implementation of the Sunshine Act
Under the Physician Payment Sunshine Act (PPSA), payments to physicians from pharmaceutical, biologics, and medical device manufacturers will be disclosed on a national, publicly available website. To inform the development of the federal website, we evaluated 21 existing state and industry disclosure websites. The presentation formats and language used suggest that industry websites are aimed at patient audiences whereas state websites are structured to transmit data to researchers and guide compliance officers. These findings raise questions about the intended audience and aims of the PPSA disclosure database and expecte...
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Alison R. Hwong, Noor Qaragholi, Daniel Carpenter, Steven Joffe, Eric G. Campbell, Lisa Soleymani Lehmann Tags: Independents Source Type: research

A Framework for Analyzing the Ethics of Disclosing Genetic Research Findings
Whether researchers have an obligation to disclose secondary genetic research findings, and, if so, in what circumstances, remains a matter of heated debate. This paper suggests that much of this confusion is definitional or conceptual in nature. That is, there is significant variability in the way that threshold terms and concepts such as “incidental,” “analytic validity,” “clinical validity,” “clinical relevance,” “clinical utility,” “clinical significance,” and “actionability,” are used in the literature, which is impeding efforts to clarify the scope of an obligation to return findings. This...
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Lisa Eckstein, Jeremy R. Garrett, Benjamin E. Berkman Tags: Independents Source Type: research

Is It Reasonable to Deny Older Patients Treatment for Glioblastoma?
Is it ever fair to limit treatment for diseases like glioblastoma for which prognosis is poor? Because resources are finite and health care spending limits the other possible uses for those resources, limiting access to an intervention that does not generate benefits is ethically sound. Ignoring the balance of benefits and burdens associated with treatment ignores opportunity costs and leads us to treat some lives as more valuable than others. Although it is ethically sound to set limits on medical care, I argue that biological age is a poor criterion for allocating resources. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Michael K. Gusmano Tags: Symposium Articles Source Type: research

Glioblastoma: Background, Standard Treatment Paradigms, and Supportive Care Considerations
Glioblastoma is a brain tumor condition marked by rapid neurological and clinical demise, resulting in disproportionate disability for those affected. Caring for this group of patients is complex, intense, multidisciplinary in nature, and fraught with the need for expensive treatments, surveillance imaging, physician follow‐up, and rehabilitative, psychological, and social support interventions. Few of these patients return to the workforce for any meaningful time frame, and because of the enormity of the financial burden that patients, their caregivers, and society face, utilization reviews become the focus of ethical s...
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Susan V. Ellor, Teri Ann Pagano‐Young, Nicholas G. Avgeropoulos Tags: Symposium Articles Source Type: research

PTSD in Active Combat Soldiers: To Treat or Not to Treat
In this paper, we consider ethical issues related to the treatment of posttraumatic stress disorder (PTSD) in combat zones, via exposure therapy. Exposure‐oriented interventions are the most well‐researched behavioral treatments for PTSD, and rigorous studies across contexts, populations, and research groups provide robust evidence that exposure therapy for PTSD is effective and can be widely disseminated. Clinical procedures for Prolonged Exposure therapy, a manualized exposure‐oriented protocol for PTSD, are reviewed, and we illustrate the potential benefits, as well as the potential difficulties, associated with p...
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Bethany C. Wangelin, Peter W. Tuerk Tags: Symposium Articles Source Type: research

The Role of PTSD in Adjudicating Violent Crimes
PTSD was formalized as a diagnosis by the American Psychiatric Association in 1980 with the publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM), 3rd edition. Since that time, the diagnosis has been widely utilized in the courts including the use in criminal proceedings. PTSD may play a role in the assessment of violent crimes both as a possible contributing factor in the perpetrators as well as a consequence in the victims. There are a number of ethical and clinical considerations in the use of this diagnosis. Importantly, the diagnostic criteria have changed to a degree with subsequent editions ...
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Mark B. Hamner Tags: Symposium Articles Source Type: research

Post‐Traumatic Stress Disorder: Ethical and Legal Relevance to the Criminal Justice System
Post‐Traumatic Stress Disorder is a major public health concern in both civilian and military populations, across race, age, gender, and socio‐economic status. While PTSD has been around for centuries by some name or another, its definition and description also continue to evolve. Within the last few years, the American Psychological Association has published the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders, which includes some major changes in the diagnostic criteria for PTSD. Recent data on epidemiology, etiological theories, and empirically supported methods of treatment, as well as impli...
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Kathryn Soltis, Ron Acierno, Daniel F. Gros, Matthew Yoder, Peter W. Tuerk Tags: Symposium Articles Source Type: research

Treating Pain in Sickle Cell Disease with Opioids: Clinical Advances, Ethical Pitfalls
This article explores the ethical principles of prescribing in Sickle Cell Disease. The first two sections of the article provide detailed scientific justification for the last section of the manuscript, which explores and discusses the ethical principles. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Wally R. Smith Tags: Symposium Articles Source Type: research

Prevention of Stroke in Sickle Cell Anemia
The risk of stroke for a child with SCD is many times greater than that of a healthy child without SCD or heart disease. There is a technique that allows the identification of the children with SCD who have high risk even within this relatively high‐risk group. And there is a highly effective preventive treatment. While this would on the surface appear to be a straightforward medical decision, it is not. One must weigh the benefits of preventing permanent brain damage against the risks of infection from transfused blood, iron overload, which is the result of the frequent transfusions, and rare transfusion reactions. (Sou...
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Robert J. Adams Tags: Symposium Articles Source Type: research

Concussion in the National Football League: Viewpoint of an Elite Player
Chronic traumatic encephalopathy resulting from head hits and concussions is an unfortunate illness that has affected numerous football players, especially in the National Football League. Many of my fellow players suffer from this problem, and many have died prematurely because of it. I make some suggestions for improving the situation for retired and current players. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Joe DeLamielleure Tags: Symposium Articles Source Type: research

Causes and Consequences of Sports Concussion
Concussion in sports is a topic that is receiving increasing amounts of publicity and attention. Increasing recognition of concussion as well as improving understanding of the short‐ and long‐term physiologic effects of concussion have resulted in widespread legislation governing the recognition and treatment of sports concussion. The increasing amount of medical research in the field and oftentimes subjective symptoms of concussion leave many ethical questions to be answered. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - July 16, 2014 Category: Medical Law Authors: Jonathan C. Edwards, Jeffrey D. Bodle Tags: Symposium Articles Source Type: research

INTRODUCTION: Brain Science in the 21st Century: Clinical Controversies and Ethical and Legal Implications
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - June 1, 2014 Category: Medical Law Authors: Robert M. Sade Tags: Symposium Articles Source Type: research

A Proposed Ban on the Sale to and Possession of Caloric Sweetened Beverages by Minors in Public
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 28, 2014 Category: Medical Law Authors: James G. Hodge, Leila Barraza, Susan Russo, Kellie Nelson, Greg Measer Tags: Columns Source Type: research