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Alternative Healthcare in a Mainstream Nation: Secondary Sources

An Informative Guide for Alternative Healthcare Professionals

Secondary sources provide valuable insight into the law.  Generally, secondary sources provide researchers with analysis, interpretation, critique, and other commentary on a given topic.  It is a useful place to start your research as it often leads to focused results on primary law. 

Finding and Evaluating Online Resources

The National Center for Complementary and Integrative Health offers information about checking out online sources of health information and evaluating the integrity of the source. 

Google Web Search

HIPAA COMPLIANCE

  • Robert Michael Ey, 24 Causes of Action 503 (1991).
    • Causes of Action Against Physician or Other Health Care Practitioner for Wrongful Disclosure of Confidential Patient Information
  • Deborah F. Buckman, 194 A.L.R. Fed. 133 (2004)
    • Validity, Construction, and Application of Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Regulations Promulgated Thereunder
  • Joan M. Flynn, Guide to Medical Privacy and HIPAA § 710 (2014)
    •  § 710 HIPAA -- A LONG-TERM ENTERPRISEWIDE PRIORITY
  • Karl A. Menninger, II, 87 Am. Jur. Proof of Facts 3d 259 (2006)
    • Confidentiality of Medical and Other Treatment Records

Michael Weir, et al Competition & Consumer Law Journal (2013)

Lori B. Andrews, 32 Hous. L. Rev. 1273 (1996)

Barbara L. Atwell, 72 UMKC Law Review 593 (2004)

 

Four volume treatise on a range of health care issues (LexisNexis)


By Gordon L. Ohlsson

§ 17D.03 Understanding Complementary Medicine

“As a general matter, an action for breach of contract against a traditional health care practitioner is often recast by the court as a claim for malpractice and is, accordingly, unavailable in this context to most patients.  However, the claim is likely available if a defendant’s promises regarding complementary therapies run rampant. Although the damages available in a contract action are usually more limited than in a tort case, breach of promise may be easier to prove than negligence. In particular, contract actions should be available in complementary medicine if the practitioner contracts with a patient to waive conventional standards of care and to provide specific results based on novel therapies.”  Gordon L. Ohlsson, 3 Medical Malpractice  17D.04 (2020) (emphasis added).   

Other Secondary Sources

ENCYCLOPEDIAS

 

BOOKS

Institute of Medicine (US) Committee on the Use of Complementary and Alternative Medicine by the American Public, Washington, D.C., National Academies Press (2005).  

Disclaimer

While this Libguide is designed to be legally informative, it was designed by a third-year law student.  You should always consult with a licensed attorney before relying on any of the enclosed information.

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