Scott J Schweikart
Biographic Data
| ID | 8305956 |
|---|---|
| NAME | Scott J Schweikart |
| GIVEN NAMES | Scott J |
| FAMILY NAME | Schweikart |
| SIGNATURE | SCHWEIKART S J |
| AFFILIATIONS | American Medical Association |
| VERIFIED | No |
| TOTAL WORKS | 23 |
| TOTAL CITATIONS | 0 |
| AUTHOR COUNT | 23 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2018 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 0 |
Using Policy and Law to Help Reduce Endometriosis Diagnostic Delay
Despite high incidence of endometriosis internationally and domestically, many patients wait a decade after symptom onset for an accurate diagnosis. This article suggests why diagnostic criteria should be clarified and why endometriosis screening should be incentivized among members of the public, clinicians, and health care organizations
Why Should Physicians Care About What Law Says About Turfing and Dumping Patients
When a physician refers a patient for a nonclinical reason, that patient has been "turfed." There are numerous reasons why turfing is clinically, legally, and ethically problematic; a main one is that the practice is physician centered and does not serve or center the best interests of patients. Legally, turfing patients is distinct from dumping patients: there are no civil or criminal laws regulating turfing, unlike dumping. Clinically and ethic…
What’s Wrong With Criminalizing Gender-Affirming Care of Transgender Adolescents
Gender-affirming care (GAC) includes hormonal and surgical interventions. In recent years, many states have criminalized GAC for adolescent patients. This article canvasses states' legal prohibitions and challenges to them and considers consequences for clinicians and patients
AMA Code of Medical Ethics ’ Opinions Related to Clinicians in Government
AMA Code of Medical Ethics ’ Opinions Related to Meat and Health
Meat consumption and production produce a wide range of health and social consequences. The AMA Code of Medical Ethics and Principles of Medical Ethics do not speak directly to the issue of meat consumption. However
How Should Regulations Help Health Care Organizations Manage Waste
Health care waste is a global problem. While most health care waste is harmless, some of it is hazardous. The volume of hazardous waste generated worldwide is enormous, and its disposal can be environmentally damaging. This article discusses how such waste disposal is regulated and the problems that currently exist with waste disposal regulation. The article also offers possible national and international regulatory solutions
Does Regulating Dietary Supplements as Food in a World of Social Media Influencers Promote Public Safety
Social media influencers promote a wide variety of products, including dietary supplements. Dietary supplements are regulated as foods, not drugs, by the US Food and Drug Administration and the Federal Trade Commission. This article details weaknesses in administrative and common law regulatory approaches to addressing some influencers' negligent misrepresentation claims about dietary supplements
AMA Code of Medical Ethics' Opinions Related to the Legacies of the Holocaust in Health Care
Two concerns about information from unethical experimentation are its legitimacy and trustworthiness. This article explores guidance about information use from the AMA Code of Medical Ethics
How Has American Constitutional Law Influenced Medical School Admissions and Thwarted Health Justice
Medical schools have sought to diversify their classes to motivate inclusion, to draw upon the educational benefits of diversification, to promote educational opportunity, to facilitate representation of persons with minoritized identities in the US physician workforce, and to advance racial and ethnic equity in health status and access to health services regionally and nationally in the United States. The US Supreme Court has allowed schools' ra…
How to Apply the Fourteenth Amendment to the Constitution and the Civil Rights Act to Promote Health Equity in the US
Health equity in the United States requires elimination of differentials in access to health services according to race, ethnicity, sex, gender identity, comorbidity, or ability. To achieve health equity, governments can use a variety of tools, including civil rights legislation and constitutional jurisprudence. In the United States, 2 such examples are the Fourteenth Amendment to the Constitution's Equal Protection clause and Title VI of the Civ…
Why Accountability Sharing in Health Care Organizational Cultures Means Patients Are Probably Safer
Because human errors should be regarded as expected events, health care organizations should routinize processes aimed at human error prevention, limit negative consequences when human errors do occur, and support and educate those who have erred. A just culture perspective suggests that responding punitively to those who err should be reserved for those who have willfully and irremediably caused harm, because punishment creates blame-based workp…
Reexamining the Flawed Legal Basis of the “Dead Donor Rule” as a Foundation for Organ Donation Policy
The legal basis of what's known as the "dead donor rule" (DDR), which requires that donors must be dead according to legal criteria, is rooted in physicians' fears of civil and criminal liability for participating in organ retrieval and donation. This article suggests that one reason to revisit the DDR is to help illuminate possible legal ways to retrieve and donate organs. Specifically, this article considers one of these: medically justifiable …
Could Humor in Health Care Become Malpractice
Humor in the practice of medicine carries with it both benefits and inherent risks. Included within the risks are legal risks. Traditional causes of action involving the use of humor are breach of contract, defamation, trademark infringement, harassment or hostile work environment, and intentional or negligent infliction of emotional distress. However, in the medical context, there is precedent for humor or jokes used during the patient-physician…
AMA Code of Medical Ethics' Opinions Related to Risk Management Ethics
The AMA Code of Medical Ethics offers guidance on ethical issues pertaining to risks involving patient discharge, which provides an example of how the Code might pertain to issues in risk management. This article presents one example case regarding patient discharge and how the Code might be applied in such a scenario to help guide physicians in ethically discharging a patient while also managing associated risks
What Is Prudent Governance of Human Genome Editing
CRISPR technology has made questions about how best to regulate human genome editing immediately relevant. A sound and ethical governance structure for human genome editing is necessary, as the consequences of this new technology are far-reaching and profound. Because there are currently many risks associated with genome editing technology, the extent of which are unknown, regulatory prudence is ideal. When considering how best to create a pruden…
Who Makes Decisions for Incapacitated Patients Who Have No Surrogate or Advance Directive
Unrepresented patients are those who have no surrogate or advance directive to guide medical decision making for them when they become incapacitated. While there is no perfect solution to the problem of making medical decisions for such vulnerable patients, 3 different approaches are noted in the literature: a physician approach, an ethics committee approach, and a guardianship approach. Recent policies and laws have required an approach that is …
April 2018 Flores Settlement Suit Challenges Unlawful Administration of Psychotropic Medication to Immigrant Children
A lawsuit filed in April 2018 alleges unlawful administration of psychotropic medications to detained immigrant children in US custody. The suit, under jurisdiction of the Flores Settlement Agreement of 1997, alleges misuse of psychotropic medication to chemically restrain and control immigrant children and prolong their detention. This article describes the legal scope of the suit and considers significant ethically and clinically relevant quest…
Should Immigration Status Information Be Considered Protected Health Information
In response to a case of an undocumented patient who was reported to immigration authorities, this commentary considers whether a patient's immigration status should be deemed protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. A legal argument, supported by clinical data, is offered that immigration status should be regarded as PHI not subject to valid exception for release witho…
Are Current Tort Liability Doctrines Adequate for Addressing Injury Caused by AI
As capabilities of predictive algorithms improve, machine learning will become an important element of physician practice and patient care. Implementation of artificial intelligence (AI) raises complex legal questions regarding health care professionals' and technology manufacturers' liability, particularly if they cannot explain recommendations generated by AI technology. The limited literature on liability for innovation provides opportunities …
The AMA Code of Medical Ethics ' Opinions Related to Global Reproductive Health
Introduction Global reproductive health is a broad issue that raises ethical concerns related to reproductive technology (all reproductive treatments or procedures that handle human oocytes or embryos), economic inequalities, health care access, and gender and racial disparities. The Code of Medical Ethics offers guidance on many of these issues
Constitutional Regulation of Speech (and False Beliefs) in Health Care
False beliefs in medicine can be regulated by constitutional doctrines of false speech and professional speech, whereby government can restrict professionals' false beliefs or impose its own false beliefs on professionals. In our allegedly "post truth" society, such regulations and their foundations can have an important influence on health care practice
Plastic Surgery Overseas
In this article I discuss medical tourism, whereby patients go overseas for plastic surgery treatment in order to save money. However, if malpractice occurs abroad, there are several barriers that make it difficult for patients to recover damages. I explain these legal barriers and then discuss the possible causes of action patients can have over their "domestic physician" (their personal physician who might have referred surgery abroad or who gi…
AMA Code of Medical Ethics' Opinions Related to a Physician's Power to Name
The AMA Code of Medical Ethics offers guidance on ethical issues related to naming a condition via diagnosis. This article discusses 3 case examples that consider how the AMA Code can be applied
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The AMA Code of Medical Ethics ' Opinions Related to Global Reproductive Health
Introduction Global reproductive health is a broad issue that raises ethical concerns related to reproductive technology (all reproductive treatments or procedures that handle human oocytes or embryos), economic inequalities, health care access, and gender and racial disparities. The Code of Medical Ethics offers guidance on many of these issues
Constitutional Regulation of Speech (and False Beliefs) in Health Care
False beliefs in medicine can be regulated by constitutional doctrines of false speech and professional speech, whereby government can restrict professionals' false beliefs or impose its own false beliefs on professionals. In our allegedly "post truth" society, such regulations and their foundations can have an important influence on health care practice
Plastic Surgery Overseas
In this article I discuss medical tourism, whereby patients go overseas for plastic surgery treatment in order to save money. However, if malpractice occurs abroad, there are several barriers that make it difficult for patients to recover damages. I explain these legal barriers and then discuss the possible causes of action patients can have over their "domestic physician" (their personal physician who might have referred surgery abroad or who gi…
AMA Code of Medical Ethics' Opinions Related to a Physician's Power to Name
The AMA Code of Medical Ethics offers guidance on ethical issues related to naming a condition via diagnosis. This article discusses 3 case examples that consider how the AMA Code can be applied
What Is Prudent Governance of Human Genome Editing
CRISPR technology has made questions about how best to regulate human genome editing immediately relevant. A sound and ethical governance structure for human genome editing is necessary, as the consequences of this new technology are far-reaching and profound. Because there are currently many risks associated with genome editing technology, the extent of which are unknown, regulatory prudence is ideal. When considering how best to create a pruden…
Who Makes Decisions for Incapacitated Patients Who Have No Surrogate or Advance Directive
Unrepresented patients are those who have no surrogate or advance directive to guide medical decision making for them when they become incapacitated. While there is no perfect solution to the problem of making medical decisions for such vulnerable patients, 3 different approaches are noted in the literature: a physician approach, an ethics committee approach, and a guardianship approach. Recent policies and laws have required an approach that is …
April 2018 Flores Settlement Suit Challenges Unlawful Administration of Psychotropic Medication to Immigrant Children
A lawsuit filed in April 2018 alleges unlawful administration of psychotropic medications to detained immigrant children in US custody. The suit, under jurisdiction of the Flores Settlement Agreement of 1997, alleges misuse of psychotropic medication to chemically restrain and control immigrant children and prolong their detention. This article describes the legal scope of the suit and considers significant ethically and clinically relevant quest…
Should Immigration Status Information Be Considered Protected Health Information
In response to a case of an undocumented patient who was reported to immigration authorities, this commentary considers whether a patient's immigration status should be deemed protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. A legal argument, supported by clinical data, is offered that immigration status should be regarded as PHI not subject to valid exception for release witho…
Are Current Tort Liability Doctrines Adequate for Addressing Injury Caused by AI
As capabilities of predictive algorithms improve, machine learning will become an important element of physician practice and patient care. Implementation of artificial intelligence (AI) raises complex legal questions regarding health care professionals' and technology manufacturers' liability, particularly if they cannot explain recommendations generated by AI technology. The limited literature on liability for innovation provides opportunities …
Why Accountability Sharing in Health Care Organizational Cultures Means Patients Are Probably Safer
Because human errors should be regarded as expected events, health care organizations should routinize processes aimed at human error prevention, limit negative consequences when human errors do occur, and support and educate those who have erred. A just culture perspective suggests that responding punitively to those who err should be reserved for those who have willfully and irremediably caused harm, because punishment creates blame-based workp…
Reexamining the Flawed Legal Basis of the “Dead Donor Rule” as a Foundation for Organ Donation Policy
The legal basis of what's known as the "dead donor rule" (DDR), which requires that donors must be dead according to legal criteria, is rooted in physicians' fears of civil and criminal liability for participating in organ retrieval and donation. This article suggests that one reason to revisit the DDR is to help illuminate possible legal ways to retrieve and donate organs. Specifically, this article considers one of these: medically justifiable …
Could Humor in Health Care Become Malpractice
Humor in the practice of medicine carries with it both benefits and inherent risks. Included within the risks are legal risks. Traditional causes of action involving the use of humor are breach of contract, defamation, trademark infringement, harassment or hostile work environment, and intentional or negligent infliction of emotional distress. However, in the medical context, there is precedent for humor or jokes used during the patient-physician…
AMA Code of Medical Ethics' Opinions Related to Risk Management Ethics
The AMA Code of Medical Ethics offers guidance on ethical issues pertaining to risks involving patient discharge, which provides an example of how the Code might pertain to issues in risk management. This article presents one example case regarding patient discharge and how the Code might be applied in such a scenario to help guide physicians in ethically discharging a patient while also managing associated risks
AMA Code of Medical Ethics' Opinions Related to the Legacies of the Holocaust in Health Care
Two concerns about information from unethical experimentation are its legitimacy and trustworthiness. This article explores guidance about information use from the AMA Code of Medical Ethics
How Has American Constitutional Law Influenced Medical School Admissions and Thwarted Health Justice
Medical schools have sought to diversify their classes to motivate inclusion, to draw upon the educational benefits of diversification, to promote educational opportunity, to facilitate representation of persons with minoritized identities in the US physician workforce, and to advance racial and ethnic equity in health status and access to health services regionally and nationally in the United States. The US Supreme Court has allowed schools' ra…
How to Apply the Fourteenth Amendment to the Constitution and the Civil Rights Act to Promote Health Equity in the US
Health equity in the United States requires elimination of differentials in access to health services according to race, ethnicity, sex, gender identity, comorbidity, or ability. To achieve health equity, governments can use a variety of tools, including civil rights legislation and constitutional jurisprudence. In the United States, 2 such examples are the Fourteenth Amendment to the Constitution's Equal Protection clause and Title VI of the Civ…
How Should Regulations Help Health Care Organizations Manage Waste
Health care waste is a global problem. While most health care waste is harmless, some of it is hazardous. The volume of hazardous waste generated worldwide is enormous, and its disposal can be environmentally damaging. This article discusses how such waste disposal is regulated and the problems that currently exist with waste disposal regulation. The article also offers possible national and international regulatory solutions
Does Regulating Dietary Supplements as Food in a World of Social Media Influencers Promote Public Safety
Social media influencers promote a wide variety of products, including dietary supplements. Dietary supplements are regulated as foods, not drugs, by the US Food and Drug Administration and the Federal Trade Commission. This article details weaknesses in administrative and common law regulatory approaches to addressing some influencers' negligent misrepresentation claims about dietary supplements
Why Should Physicians Care About What Law Says About Turfing and Dumping Patients
When a physician refers a patient for a nonclinical reason, that patient has been "turfed." There are numerous reasons why turfing is clinically, legally, and ethically problematic; a main one is that the practice is physician centered and does not serve or center the best interests of patients. Legally, turfing patients is distinct from dumping patients: there are no civil or criminal laws regulating turfing, unlike dumping. Clinically and ethic…
What’s Wrong With Criminalizing Gender-Affirming Care of Transgender Adolescents
Gender-affirming care (GAC) includes hormonal and surgical interventions. In recent years, many states have criminalized GAC for adolescent patients. This article canvasses states' legal prohibitions and challenges to them and considers consequences for clinicians and patients
AMA Code of Medical Ethics ’ Opinions Related to Clinicians in Government
AMA Code of Medical Ethics ’ Opinions Related to Meat and Health
Meat consumption and production produce a wide range of health and social consequences. The AMA Code of Medical Ethics and Principles of Medical Ethics do not speak directly to the issue of meat consumption. However
Using Policy and Law to Help Reduce Endometriosis Diagnostic Delay
Despite high incidence of endometriosis internationally and domestically, many patients wait a decade after symptom onset for an accurate diagnosis. This article suggests why diagnostic criteria should be clarified and why endometriosis screening should be incentivized among members of the public, clinicians, and health care organizations
Political science (22 works) · Law (19 works) · Law (19 works) · Medicine (13 works) · Business (12 works) · Computer Science (9 works) · Health care (9 works) · Psychology (9 works) · Engineering (8 works) · Engineering ethics (7 works)