Alan Meisel | University of Pittsburgh (original) (raw)

Papers by Alan Meisel

Research paper thumbnail of Data monitoring committees: Promoting best practices to address emerging challenges

Clinical trials (London, England), 2017

Data monitoring committees are responsible for safeguarding the interests of study participants a... more Data monitoring committees are responsible for safeguarding the interests of study participants and assuring the integrity and credibility of clinical trials. The independence of data monitoring committees from sponsors and investigators is essential in achieving this mission. Creative approaches are needed to address ongoing and emerging challenges that potentially threaten data monitoring committees' independence and effectiveness. An expert panel of representatives from academia, industry and government sponsors, and regulatory agencies discussed these challenges and proposed best practices and operating principles for effective functioning of contemporary data monitoring committees. Prospective data monitoring committee members need better training. Options could include didactic instruction as well as apprenticeships to provide real-world experience. Data monitoring committee members should be protected against legal liability arising from their service. While avoiding brea...

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Research paper thumbnail of Ethical and Legal Problems in Resuscitation Research

Prehospital and Disaster Medicine, 1985

Medicine has made great advances in the past decade, and is now opening the frontiers of brain re... more Medicine has made great advances in the past decade, and is now opening the frontiers of brain resuscitation. Coinciding with the advances in medicine, society has witnessed great changes. There is an increasing awareness of patients' rights, an increasing desire for self determination, a rejection of the once-accepted paternal role of the physician, and an increasing willingness to challenge physicians in the courts. At the same time, government regulation of biomedical research has been expanding rapidly. The origin of this regulation dates back to the post-World War II Nuremburg trials. In 1974, the National Research Act established the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The evolving concern about human experimentation has led to the current Department of Health and Human Services (DHHS) and the Federal Drug Administration (FDA) regulations which became effective July 27,1981. All biomedical research supported by fe...

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Research paper thumbnail of Dos modelos para la aplicación del consentimiento informado

Bioetica Para Clinicos 1999 Isbn 84 921418 9 1 Pags 151 162, 1999

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Research paper thumbnail of Therapists' obligations to report their patients' criminal acts

Journal of the American Academy of Psychiatry and the Law Online, Feb 1, 1986

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Research paper thumbnail of The Expansion of Liability for Medical Accidents: From Negligence to Strict Liability by Way of Informed Consent

Nebraska Law Review, Feb 1, 1977

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Research paper thumbnail of Pharmacists, Physician-Assisted Suicide, and Pain Control

Journal of Health Care Law and Policy, 1999

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Research paper thumbnail of The rights of juveniles in "voluntary" psychiatric commitments: some empirical observations

Journal of the American Academy of Psychiatry and the Law Online, Feb 1, 1980

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Research paper thumbnail of Lessons from Cruzan

The Journal of Clinical Ethics, Feb 1, 1990

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Research paper thumbnail of Research on Syphilis in Guatemala in the 1940s: History, Context, and Contemporary Concerns

... Welcome: Dr. Donald S. Burke Panelists: Susan M. Reverby, PhD, Wellesley College, and Sue E. ... more ... Welcome: Dr. Donald S. Burke Panelists: Susan M. Reverby, PhD, Wellesley College, and Sue E. Lederer, PhD, University of Wisconsin Moderator: Alan Meisel, JD, University of Pittsburgh School of Law, Professor of Law and Psychiatry, and Dickie, McCamey & Chilcote ...

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Research paper thumbnail of インフォームド・コンセント : 臨床の現場での法律と倫理

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Research paper thumbnail of Legal myths about terminating life support

Archives of Internal Medicine, Aug 1, 1991

There are a number of myths about what the law permits concerning the termination of life support... more There are a number of myths about what the law permits concerning the termination of life support, some of which spring from a fundamental misconception of what law is. A serious misunderstanding of the law can lead to tragic results for physicians, health care institutions, patients, and families. These misunderstandings are (1) anything that is not specifically permitted by law is prohibited; (2) termination of life support is murder or suicide; (3) a patient must be terminally ill for life support to be stopped; (4) it is permissible to terminate extraordinary treatments, but not ordinary ones; (5) it is permissible to withhold treatment, but once started, it must be continued; (6) stopping tube feeding is legally different from stopping other treatments; (7) termination of life support requires going to court; and (8) living wills are not legal.

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Research paper thumbnail of A Question of Zeal

American Journal of Psychiatry, Oct 7, 2014

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Research paper thumbnail of Informed consent to medical treatment

Biomedecine Pharmacotherapy, Feb 1, 1983

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Research paper thumbnail of Informed consent and patient decisionmaking: The reasoning of law and psychiatry

International Journal of Law and Psychiatry, 1981

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Research paper thumbnail of Managed care, autonomy, and decisionmaking at the end of life

Houston Law Review University of Houston, Feb 1, 1999

ARTICLE MANAGED CARE, AUTONOMY, AND DECISIONMAKING AT THE END OF LIFE Alan MeiseC Table of Conten... more ARTICLE MANAGED CARE, AUTONOMY, AND DECISIONMAKING AT THE END OF LIFE Alan MeiseC Table of Contents I. Introduction 1394 II. Autonomy and End-of-Life Decisionmaking 1397 A. The Development of the Law of Informed Consent 1399 B. The Right to Refuse ...

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Research paper thumbnail of Informed consent and incompetent medical patients

The Journal of Family Practice, Mar 1, 1985

The mentally incapacitated patient is frequently encountered in the general medical hospital. Inc... more The mentally incapacitated patient is frequently encountered in the general medical hospital. Incapacity is the clinical state in which a patient is unable to participate in a meaningful way in medical decisions. Mentally incapacitated patients relinquish the authority, that is the competent patient's right, to choose among professionally acceptable alternative treatments. Such patients, therefore, require a surrogate decision-maker. There are certain clinical situations in which questions of incapacity are especially important to consider. In a study for the President's Commission for the Study of Ethical Problems in Medical Biomedical and Behavioral Research, the most common problem in recognizing incapacity was found with previously capable patients who became transiently incapacitated during the course of hospitalization. Questions of incapacity or the authority of surrogate decision-makers also arose with comatose, mentally retarded, mentally ill, and physically handicapped patients. While standards to determine capacity remain unclear, a practical approach is to demonstrate that a patient is able to describe the physician's view of the situation and to understand the physician's opinion as to the best intervention. When a patient is deemed to be incapacitated, the physician should turn to family members, whenever possible, to make decisions.

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Research paper thumbnail of From Tragedy to Catastrophe: Lawyers and the Bureaucratization of Informed Consent

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Research paper thumbnail of Informed consent to medical treatment: an analysis of recent legislation

University of Pittsburgh Law Review University of Pittsburgh School of Law, Feb 1, 1980

1. Univ Pittsbg Law Rev. 1980 Spring;41(3):407-564. Informed consent to medical treatment: an ana... more 1. Univ Pittsbg Law Rev. 1980 Spring;41(3):407-564. Informed consent to medical treatment: an analysis of recent legislation. Meisel A, Kabnick LD. PMID: 11665252 [PubMed - indexed for MEDLINE]. MeSH Terms: Consent ...

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Research paper thumbnail of Suppose the Schindlers Had Won the Schiavo Case

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Research paper thumbnail of Ethical and legal issues related to the use of computer programs in clinical medicine

Annals of Internal Medicine, Apr 1, 1985

As computer programs are used with increasing frequency in the clinical setting, ethicists, lawye... more As computer programs are used with increasing frequency in the clinical setting, ethicists, lawyers, computer scientists, clinicians, and patients must confront a group of problems: In what situations is it appropriate to use a medical computer program? Who should use these programs and how should they be used? What is the legal status of a computer program that provides medical advice? Can a proper balance be achieved between confidentiality of patient information and shared access to records by health care personnel? How can regulatory agencies, physicians, and patients determine if a program is safe for human use? Will programs be able to communicate with users well enough to prevent clinically harmful misunderstandings? Because few if any definitive answers are yet available, these questions remain the subject of much discussion.

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Research paper thumbnail of Data monitoring committees: Promoting best practices to address emerging challenges

Clinical trials (London, England), 2017

Data monitoring committees are responsible for safeguarding the interests of study participants a... more Data monitoring committees are responsible for safeguarding the interests of study participants and assuring the integrity and credibility of clinical trials. The independence of data monitoring committees from sponsors and investigators is essential in achieving this mission. Creative approaches are needed to address ongoing and emerging challenges that potentially threaten data monitoring committees' independence and effectiveness. An expert panel of representatives from academia, industry and government sponsors, and regulatory agencies discussed these challenges and proposed best practices and operating principles for effective functioning of contemporary data monitoring committees. Prospective data monitoring committee members need better training. Options could include didactic instruction as well as apprenticeships to provide real-world experience. Data monitoring committee members should be protected against legal liability arising from their service. While avoiding brea...

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Research paper thumbnail of Ethical and Legal Problems in Resuscitation Research

Prehospital and Disaster Medicine, 1985

Medicine has made great advances in the past decade, and is now opening the frontiers of brain re... more Medicine has made great advances in the past decade, and is now opening the frontiers of brain resuscitation. Coinciding with the advances in medicine, society has witnessed great changes. There is an increasing awareness of patients' rights, an increasing desire for self determination, a rejection of the once-accepted paternal role of the physician, and an increasing willingness to challenge physicians in the courts. At the same time, government regulation of biomedical research has been expanding rapidly. The origin of this regulation dates back to the post-World War II Nuremburg trials. In 1974, the National Research Act established the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The evolving concern about human experimentation has led to the current Department of Health and Human Services (DHHS) and the Federal Drug Administration (FDA) regulations which became effective July 27,1981. All biomedical research supported by fe...

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Research paper thumbnail of Dos modelos para la aplicación del consentimiento informado

Bioetica Para Clinicos 1999 Isbn 84 921418 9 1 Pags 151 162, 1999

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Research paper thumbnail of Therapists' obligations to report their patients' criminal acts

Journal of the American Academy of Psychiatry and the Law Online, Feb 1, 1986

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Research paper thumbnail of The Expansion of Liability for Medical Accidents: From Negligence to Strict Liability by Way of Informed Consent

Nebraska Law Review, Feb 1, 1977

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Research paper thumbnail of Pharmacists, Physician-Assisted Suicide, and Pain Control

Journal of Health Care Law and Policy, 1999

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Research paper thumbnail of The rights of juveniles in "voluntary" psychiatric commitments: some empirical observations

Journal of the American Academy of Psychiatry and the Law Online, Feb 1, 1980

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Research paper thumbnail of Lessons from Cruzan

The Journal of Clinical Ethics, Feb 1, 1990

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Research paper thumbnail of Research on Syphilis in Guatemala in the 1940s: History, Context, and Contemporary Concerns

... Welcome: Dr. Donald S. Burke Panelists: Susan M. Reverby, PhD, Wellesley College, and Sue E. ... more ... Welcome: Dr. Donald S. Burke Panelists: Susan M. Reverby, PhD, Wellesley College, and Sue E. Lederer, PhD, University of Wisconsin Moderator: Alan Meisel, JD, University of Pittsburgh School of Law, Professor of Law and Psychiatry, and Dickie, McCamey & Chilcote ...

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Research paper thumbnail of インフォームド・コンセント : 臨床の現場での法律と倫理

Bookmarks Related papers MentionsView impact

Research paper thumbnail of Legal myths about terminating life support

Archives of Internal Medicine, Aug 1, 1991

There are a number of myths about what the law permits concerning the termination of life support... more There are a number of myths about what the law permits concerning the termination of life support, some of which spring from a fundamental misconception of what law is. A serious misunderstanding of the law can lead to tragic results for physicians, health care institutions, patients, and families. These misunderstandings are (1) anything that is not specifically permitted by law is prohibited; (2) termination of life support is murder or suicide; (3) a patient must be terminally ill for life support to be stopped; (4) it is permissible to terminate extraordinary treatments, but not ordinary ones; (5) it is permissible to withhold treatment, but once started, it must be continued; (6) stopping tube feeding is legally different from stopping other treatments; (7) termination of life support requires going to court; and (8) living wills are not legal.

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Research paper thumbnail of A Question of Zeal

American Journal of Psychiatry, Oct 7, 2014

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Research paper thumbnail of Informed consent to medical treatment

Biomedecine Pharmacotherapy, Feb 1, 1983

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Research paper thumbnail of Informed consent and patient decisionmaking: The reasoning of law and psychiatry

International Journal of Law and Psychiatry, 1981

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Research paper thumbnail of Managed care, autonomy, and decisionmaking at the end of life

Houston Law Review University of Houston, Feb 1, 1999

ARTICLE MANAGED CARE, AUTONOMY, AND DECISIONMAKING AT THE END OF LIFE Alan MeiseC Table of Conten... more ARTICLE MANAGED CARE, AUTONOMY, AND DECISIONMAKING AT THE END OF LIFE Alan MeiseC Table of Contents I. Introduction 1394 II. Autonomy and End-of-Life Decisionmaking 1397 A. The Development of the Law of Informed Consent 1399 B. The Right to Refuse ...

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Research paper thumbnail of Informed consent and incompetent medical patients

The Journal of Family Practice, Mar 1, 1985

The mentally incapacitated patient is frequently encountered in the general medical hospital. Inc... more The mentally incapacitated patient is frequently encountered in the general medical hospital. Incapacity is the clinical state in which a patient is unable to participate in a meaningful way in medical decisions. Mentally incapacitated patients relinquish the authority, that is the competent patient's right, to choose among professionally acceptable alternative treatments. Such patients, therefore, require a surrogate decision-maker. There are certain clinical situations in which questions of incapacity are especially important to consider. In a study for the President's Commission for the Study of Ethical Problems in Medical Biomedical and Behavioral Research, the most common problem in recognizing incapacity was found with previously capable patients who became transiently incapacitated during the course of hospitalization. Questions of incapacity or the authority of surrogate decision-makers also arose with comatose, mentally retarded, mentally ill, and physically handicapped patients. While standards to determine capacity remain unclear, a practical approach is to demonstrate that a patient is able to describe the physician's view of the situation and to understand the physician's opinion as to the best intervention. When a patient is deemed to be incapacitated, the physician should turn to family members, whenever possible, to make decisions.

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Research paper thumbnail of From Tragedy to Catastrophe: Lawyers and the Bureaucratization of Informed Consent

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Research paper thumbnail of Informed consent to medical treatment: an analysis of recent legislation

University of Pittsburgh Law Review University of Pittsburgh School of Law, Feb 1, 1980

1. Univ Pittsbg Law Rev. 1980 Spring;41(3):407-564. Informed consent to medical treatment: an ana... more 1. Univ Pittsbg Law Rev. 1980 Spring;41(3):407-564. Informed consent to medical treatment: an analysis of recent legislation. Meisel A, Kabnick LD. PMID: 11665252 [PubMed - indexed for MEDLINE]. MeSH Terms: Consent ...

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Research paper thumbnail of Suppose the Schindlers Had Won the Schiavo Case

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Research paper thumbnail of Ethical and legal issues related to the use of computer programs in clinical medicine

Annals of Internal Medicine, Apr 1, 1985

As computer programs are used with increasing frequency in the clinical setting, ethicists, lawye... more As computer programs are used with increasing frequency in the clinical setting, ethicists, lawyers, computer scientists, clinicians, and patients must confront a group of problems: In what situations is it appropriate to use a medical computer program? Who should use these programs and how should they be used? What is the legal status of a computer program that provides medical advice? Can a proper balance be achieved between confidentiality of patient information and shared access to records by health care personnel? How can regulatory agencies, physicians, and patients determine if a program is safe for human use? Will programs be able to communicate with users well enough to prevent clinically harmful misunderstandings? Because few if any definitive answers are yet available, these questions remain the subject of much discussion.

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