16 Annals Health L. [i] (2007)

handle is hein.journals/anohl16 and id is 1 raw text is: ANNALS OF HEALTH LAW
THE HEALTH POLICY AND LAW REVIEW OF
LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW
VOLUME 16, ISSUE 1                                           WINTER 2007
CONTENTS
Forew ord  .........................................................       i
ARTICLES
Just Scanning Around with Diagnostic
Medical Ultrasound: Should States
Regulate the Non-Diagnostic Uses
of This Technology? .......... A. ALEXANDER. M.D., J.D., LL.M.            1
This article examines how the non-diagnostic uses of medical ultrasound may violate
the prudent use of this technology and supports the proposal of state-based legislative
efforts to protect consumers from abuse. The author identifies the potential health risks
to consumers and reviews the existing federal and state regulations, ultimately
recommending increased legislation and mandated control of this technology.
Excusable Neglect in Malpractice Suits
Against Radiologists: A Proposed Jury
Instruction to Recognize the
Human Condition ............. CHARLES CALDWELL, M.D., M.A.               43
& EVAN R. SEAMONE, J.D., M.P.P.
This article unwraps the nature and source of human errors involved in Radiology,
revealing unique elements of the specialty that warrant special consideration in medical
malpractice cases. The authors compare these errors to negligent practices in other
professions and conclude that a general concept of negligence cannot adequately
address the complexities of decision-making in Radiology. After analyzing legal
precedent, they develop an innovative jury instruction that recognizes particular
situations of error in Radiology that occur in the absence of negligence.
Give Them What They Want? The Permissibility
of Pediatric Placebo-Controlled Trials Under
the Best Pharmaceuticals for Children
Act .............. HOLLY FERNANDEZ LYNCH J.D., M. BIOETHICS              79
This article discusses the Best Pharmaceuticals for Children Act and the FDA's request
for placebo-controlled studies of drugs to treat OCD and depression in children. First,
the article explains the need to test drugs in children and examines the reasons this
testing has not occurred. Next, the article describes the legislative and administrative
responses to remedy this lack of research and assesses the ethics and legality of their
implementation. The article concludes that these initiatives are legally and ethically
acceptable until a safe and effective treatment is determined--at which point the use of
placebos in pediatric testing must be replaced with active controls.

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