It Takes a Village: Reforming Law to Promote Health Literacy and Reduce Orthopedic Health Disparities

Frank M. McClellan, James E. Wood, Jr., M.D., and Sherin Fahmy, It Takes a Village: Reforming Law to Promote Health Literacy and Reduce Orthopedic Health Disparities, Journal of Health & Biomedical Law, VIII (2013): 333-375

41 Pages Posted: 8 Jun 2013 Last revised: 19 Jul 2013

See all articles by Frank McClellan

Frank McClellan

Temple University - James E. Beasley School of Law

James Wood, Jr., M.D.

Medstar Harbor Hospital - Department of Othapedic Surgery

Sherin Fahmy

Temple University - James E. Beasley School of Law

Date Written: June 6, 2013

Abstract

This article highlights studies revealing disparities in joint and bone health among racial groups in the United States, and offers explanations for the disparities based on education and access to care. It describes the difficulties orthopedists (physicians who specialize in joint and bone health) have when they try to educate and motivate patients to address and prevent orthopedic health problems. We argue that the most promising strategies for addressing the disparities involve improving the cultural competency of health care providers and increasing the health literacy of individuals who must ultimately take charge of their health. In addition, we present arguments for interpreting and applying state tort law in a way that that will encourage health providers and community member to participate in health literacy education and motivational counseling.

Keywords: Informed Consent, Shared Decision-making, Shared Decision making, Motivational Counseling, Cultural Competency, Health Literacy, Tort Liability, Medical Malpractice, Safe Harbor, Tort Immunity, Statutory Immunity, Tort Defense, Patient responsibility, Physician Duty to inform, Informed Refusal

JEL Classification: K13, K19, K41

Suggested Citation

McClellan, Frank and Wood, James and Fahmy, Sherin, It Takes a Village: Reforming Law to Promote Health Literacy and Reduce Orthopedic Health Disparities (June 6, 2013). Frank M. McClellan, James E. Wood, Jr., M.D., and Sherin Fahmy, It Takes a Village: Reforming Law to Promote Health Literacy and Reduce Orthopedic Health Disparities, Journal of Health & Biomedical Law, VIII (2013): 333-375, Available at SSRN: https://ssrn.com/abstract=2275424 or http://dx.doi.org/10.2139/ssrn.2275424

Frank McClellan (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

James Wood

Medstar Harbor Hospital - Department of Othapedic Surgery ( email )

3001 S Hanover St
Baltimore, MD 21225
United States

Sherin Fahmy

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

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