| Research
Projects
The
ABHLM conducts its research activities on various aspects
of healthcare law, public policy, and the pertinent issues
of business and international law which intersect them. In
that regard, examples of recent publications which have served
as the culmination of some of the research activities of the
ABHLM include the following:
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#(1). Gionis, T.A., Paradox on the High Seas: Evasive Standards
of Medical Care – Duty Without Standards of Care;
A Call for the International Regulation of Maritime Healthcare
Aboard Ships, 34 John Marshall Law Review 751 (2001). In
this article Dr. Gionis discusses the epidemiology of emergency
medical conditions which occur aboard ships worldwide, demonstrats
the lack of internationally accepted standard of care or
healthcare regulatory compliance guidelines for either on-board
emergency medical care or on-board health facilities, and
proposes the creation of an international accrediting agency
for all ships carrying passengers or crew.
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#(2). Gionis, T.A., and Zito, A.S., A Call for the Adoption
of Federal Rule of Evidence 702 for the Admissibility of
Mental-Health Professional Expert Testimony in Illinois
Child-Custody Cases, 27 Southern Illinois University Law
Journal 1 (2002). In this article Dr. Gionis discusses the
four diverse legal standards which are utilized by Illinois
state courts, in civil and criminal cases, to admit expert
evidence and testimony, and proposes the adoption of Federal
Rule of Evidence 702 in Illinois for the admissibility of
mental-health professional expert testimony in Illinois
child-custody cases.
- #(3).
Gionis, T.A., Zito, A.S., and Camargo, C.A., The Intentional
Tort of Patient Dumping: A New State Cause of Action to
Address the Shortcomings of the Federal Emergency Medical
Treatment and Active Labor Act (EMTALA), 52 American University
Law Review 173 (2002). In this article Dr. Gionis analyzes
nationwide data available from the Department of Health
and Human Services (DHHS), Office of Inspector General (OIG),
and the Public Citizens Health Research Group, whereupon
he created a computerized database of confirmed EMTALA violations
from 1986-1999. Dr. Gionis’ analysis revealed that
from 1986 to 1999 there was approximately a 100-fold increase
in the number of hospitals which had confirmed EMTALA violations,
a 139-fold increase in violations concerning a “medical
screening examination” [42 USC § 1395dd(a)];
and a 37-fold increase in violations concerning “necessary
stabilizing treatment” [42 USC § 1395dd(b)].
Dr. Gionis proposed the recognition of a new state cause
of action known as the intentional tort of patient dumping
and outlined its proposed elements.
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