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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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