Robert Gatter

Robert Gatter
Saint Louis University | SLU · Center for Health Law Studies

About

24
Publications
722
Reads
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171
Citations
Additional affiliations
July 2008 - October 2015
Saint Louis University
Position
  • Co-Director, Professor of Law

Publications

Publications (24)
Article
This essay explores the viability of using the population health legal norm developed by Professor Wendy Parmet in her book Populations, Public Health, and the Law as a basis for theorizing health law. Based on the application of five criteria, the essay concludes that a population health legal norm has potential as a framework for theorizing healt...
Article
Nurse Kaci Hickox is among the “Ebola Fighters” honored by Time magazine as its 2014 Person of the Year, having treated Ebola patients in Sierra Leone while volunteering with Médecins Sans Frontieres. When she returned to the United States in October 2014, she was quarantined in New Jersey for three days before returning home to Maine under the ter...
Article
The goal of this project was to expand an existing public health law curriculum to incorporate lessons on population health outcomes research, extra-legal advocacy, and the population health perspective. The project also created opportunities for students not only to read about and discuss concepts, but also to employ the lessons more practically t...
Research
Full-text available
Global strategy to control highly pathogenic avian influenza (HPAI) changed dramatically since 2003 when it was first reported that a confirmed bird flu jumped the species barrier to infect a human in Hong Kong. What started as a three-year project to control and eradicate HPAI is already entering its eighth year, and the United Nation’s Food and A...
Article
Global strategy to control highly pathogenic avian influenza (HPAI) has changed dramatically since 2003 when it was first reported that a confirmed bird flu jumped the species barrier to infect a human in Hong Kong. Evidence of this shift in priorities in the global fight against HPAI can be found most clearly in program funding trends. In late 200...
Article
Pandemics challenge the law and often highlight its strengths or expose its limits. The novel strain of influenza A (H1N1) virus that emerged in the spring of 2009 and rapidly spread around the globe was no exception. The H1N1 pandemic prompted the first significant application of a number of international legal and policy mechanisms that have been...
Article
Full-text available
White v. Napoleon and its progeny recognize a substantive due process right to receive the disclosure of medical treatment information. While each case involves a prisoner receiving treatment while in custody, the constitutional right described in those cases is not limited prisoners. Instead, the right is described as belonging to all individuals....
Article
The role of hospitals in managing the informed consent process for hospital-based treatments has expanded substantially over the last several decades. Most recently, many hospitals have installed multi-media platforms designed to provide a patient with basic information about a recommended procedure, including its associated risks, and to record th...
Article
Full-text available
The world relies largely on private firms for the development of new medicine, and the system is efficient. Driven by the incentive to profit from sales of new pharmaceuticals, drug companies risk millions of dollars and years of work to shepherd basic scientific discoveries through laboratory and human testing in the hope of developing a marketabl...
Article
Full-text available
This Article responds to the work of Professor Mark A. Hall, who has written an accompanying essay in reply, published in the same issue of the Wake Forest Law Review.This Article identifies an emerging medical trust movement and challenges its normative claim that, as a matter of policy, the law should be used to preserve, if not promote, trust in...
Article
This essay identifies the bias that institutional sponsorship of medical mediation introduces and the probability that such bias undermines the ability of such mediation programs to generate trust by patients in physicians and health care institutions. Based on data from an emerging medical trust movement in the U.S., the essay argues that institut...
Article
There has been a call for more stringent regulation of financial conflicts of interest in human subjects research following the deaths of several individuals who volunteered to participate in human subjects research, which deaths were linked to the financial conflicts of interest of participating researchers and research institutions. Each proposal...
Article
Courts and commentators have forgotten that embedded in the duty of physicians to obtain a patient's informed consent is a prior obligation for physicians to get to know that patient. This is most clear in jurisdictions employing the reasonable person standard of disclosure. That standard requires physicians to disclose to a patient information tha...
Article
Professor Gatter estimates that institutional ethics consultation processes are used to resolve as many as 13,500 end-of-life treatment (EOLT) disputes each year. Despite this sizable case load, the law has largely ignored the method of dispute resolution used to address EOLT disagreements. This article argues that, at the stage when an ethics cons...
Article
Basic disagreements about what makes human life valuable hinder use of the concept of futility to decide whether it is appropriate to continue life support for one in a permanent state of unconsciousness, or to provide intensive medical care to one in the last stages of a terminal illness (the “paradigm cases”). Triage planning (the process of esta...
Article
To the Editor. —We commend the Society of Critical Care Medicine Ethics Committee1 for its clear and insightful recent statement on the distribution of intensive care resources among individual patients. The statement rightly acknowledges resource scarcity and the subsequent potential for conflict between the value of intensive care for individual...
Article
Includes bibliographical references. Thesis (M.A.)--Medical College of Wisconsin, 1995.
Article
Recently the Georgia Supreme Court ruled that a state informed consent statute precluded judicial recognition of a common law right for patients to receive the disclosure of treatment risks from their doctors. Yet the state statute provides very limited and arbitrary protection because the right to disclosure is triggered only when certain procedur...

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