College of Law

Law Review Symposia

Scalpel to Gavel: Exploring the Modern State of Health Law

Health Law SymposiumOctober 10, 2014
University of Toledo College of Law
Richard and Jane McQuade Law Auditorium
Sponsored by the University of Toledo Law Review

Health law is among the fastest changing areas of law in our nation today. With the enactment of the Patient Protection and Affordable Care Act, health law and the state of the country's health care system are regular fixtures of headline news. And, as the Affordable Care Act rolls out, attorneys and physicians are on the front lines interpreting and implementing the new law's provisions.

The University of Toledo Law Review Symposium will explore the intersection of law and medicine and recent developments in health law.

Four panels will discuss important areas of health law that are quickly shaping the modern legal landscape: (1) the quality and delivery of health care services, including the influence of provider liability on the administration of health care; (2) public health and various approaches being used to address the overall health of the nation; (3) the ethical considerations that accompany clinical decision making and treatment decisions; (4) the problem of fraud within the health care industry and the work being done to combat it. Presenters' scholarly contributions will appear in Volume 46, Issue 3 of The University of Toledo Law Review.

Members of both the legal and medical communities are invited to attend.

Download Symposium Brochure



8-8:30 A.M. REGISTRATION and Continental Breakfast
Daniel J. Steinbock, Dean, University of Toledo College of Law
8:45-10 A.M. Getting the Best Results? Health Care Quality and Delivery

When patients seek medical help, their treatments can have far-reaching impacts on both
their physical health and their confidence in the medical profession. However, the quality
and delivery of the treatment they receive is often guided by legal as well as medical
considerations. This panel will address the impact of quality standards on medical providers, the issue of practicing defensive medicine, and the unfortunate reality of hospital-acquired illnesses.

MODERATOR:Lee Strang, Professor of Law, The University of Toledo College of Law
PANELISTS: Lauri Cooper, Associate Vice President and Senior Legal Counsel, The University of Toledo Medical Center
Ann Marie Marciarille, Associate Professor of Law, The University of Missouri-Kansas City School of Law
Marshall Kapp, Director, Center for Innovative Collaboration in Medicine & Law and Professor of Medicine and Law, Florida State University College of Law

10-10:15 A.M. BREAK
10:15-11:45 A.M. Taking Health Care to the Masses

The health concerns of the country’s population are issues of paramount importance. Several approaches, including both increased access to government health programs and continued research of national health trends, are being used in an attempt to create a healthier public. This panel will address the expansion of publicly funded health care programs, the tensions between health care law and public health law, the various methods used to implement public health services, and the use of “population health” concepts in emergency medicine.

MODERATOR: Elizabeth McCuskey, Assistant Professor of Law, The University of Toledo College of Law
PANELISTS:Kristopher R. Brickman, MD, FACEP, Professor and Chairman, Department of Emergency Medicine; Medical Director, Emergency Department; Director, Office of Global Health, The University of Toledo
Nicole Huberfeld, H. Wendell Cherry Professor of Law, University of Kentucky College of Law and Bioethics Associate at the University of Kentucky College of Medicine
Elizabeth Weeks Leonard, Professor of Law, University of Georgia School of Law
David Koeninger, Managing Attorney, Advocates for Basic Legal Equality

11:45 – 1:15 P.M. Lunch Break and KEYNOTE ADDRESS
12:15-1 P.M. Keynote Address - Hippocrates' Myth: Medical Professionalism & Physicians' Conflicting Loyalties
Maxwell Gregg Bloche, MD, JD, Co-director, Georgetown-Johns Hopkins Joint Program in Law and Public Health, Professor of Law, Georgetown University Law Center
1:15-2:45 P.M. Moral Medicine - An Examination of Bioethics

Ethical decision making is at the very heart of medicine and its advances. Every day health care providers across the nation make decisions regarding their patients’ care and well-being. This panel will discuss the considerations that accompany patient treatment and care decisions, the complexities of patient-provider relationships, and the ethical principles that guide medical research and other efforts to advance medical knowledge.

MODERATOR: Susan Martyn, Stoepler Professor of Law and Values, The University of Toledo College of Law
PANELISTS:David Orentlicher, JD, MD, Samuel R. Rosen Professor of Law, Co-director of the William S. and Christine S. Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law
Jesse Goldner, John D. Valentine Professor of Law, Professor of Health administration at the School of Public Health, Departmental Adjunct Professor in the Department of Health Care Ethics, Saint Louis University
Walter Edinger, PhD, Associate Professor, The University of Toledo Department of Psychiatry
Paul Burcher, MD, PhD, Associate Professor of Bioethics and Obstetrics and Gynecology at Alden March Bioethics Institute, Albany Medical College

2:45-4:15 P.M. The Darker Side of Health Care: Fraud and Regulation

Despite the heavy regulation of the nation’s health care industry, fraud occurs at an alarming rate. Manipulators of the system range from those within health care to those on the outside who seek to wrongfully profit. This panel will address current fraud trends at both the state and national levels, as well as mechanisms for effectively responding to those engaged in fraudulent activity.

MODERATOR: Rebecca Zietlow, Charles Fornoff Professor of Law and Values, The University of Toledo College of Law
PANELISTS: George Breen, Member, Health Care and Life Sciences and Litigation Practices, Epstein Becker & Green, P.C.
Keesha Mitchell, Section Chief, Health Care Fraud Section, Office of Ohio Attorney General Mike DeWine
David Tanay, Division Chief, Health Care Fraud Division, Michigan Department of Attorney General
Matthew Albers, Partner and Member of Health Care Groups, Vorys, Sater, Seymour and Pease LLP

4:15-4:20 P.M. Closing Remarks


The program will be held at The University of Toledo College of Law Auditorium. Directions and lodging information.


Fees and Registration

This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 6.5 total CLE hours instruction.
6.0 contact hours of continuing nursing education will be awarded for successful completion.  Successful completion will require the learner to sign-in, attend 80% of the session, and submit a completed evaluation.

Register here

$85 for CLE credit (no lunch)
$97 for CLE credit and lunch
$12 for lunch only (advance registration required)



Last Updated: 4/3/20