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- Antitrust; Parker immunity; CON law(s); Certificate of Need; COVID-19; Government regulation; Government over-regulation; Too much regulation; Small government; Healthcare; Cost of healthcare; Issues with healthcare; Healthcare system; Anti-competitive; Sherman act; Rule of reason (1)
- Artificial Intelligence; Medical Artificial Intelligence; Tort Law; Personhood; Black Box; Health Law (1)
- Patent law; copyright law; intellectual property law; fair use; public health; pandemic; epidemic; disease; defenses; infringement (1)
- Patents; trade secrets; intellectual property; medical device; data; information; innovation; commercialization; biotechnology; entrepreneurship; investment (1)
- Public Health; Opioids; Overdose; Statutory Interpretation; Harm Reduction; Legislation; FDA; MAT; Synthetic Opioid (1)
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- Reproductive health; Hospital merger; Hospital mergers; Secular and nonsecular merger; secular and nonsecular mergers; Access to care; Full spectrum health care; Abortion access; Antitrust law; Sherman act; Clayton act; Merger guidelines; Protecting access to care; Health care (1)
- Telemedicine; telemedical; fundamental right; due process; Federal Trade Commission; FTC; Food & Drug Administration; FDA; license; eHealth; cyber medicine; cybermedicine; telehealth; licensure; in-state; physician; physician shortage; patient rights; Teladoc; state medical board; interstate commerce; MEDTECH; VETS Act; Ryan Haight Act; place of service; World Health Organization; telemedical; cross-border; Interstate Medical License Compact (1)
Articles 1 - 7 of 7
Full-Text Articles in Medical Jurisprudence
How Public Health Informed Lawmaking Would Address The Rising Synthetic Opioid Death Toll, Jennifer S. Bard
How Public Health Informed Lawmaking Would Address The Rising Synthetic Opioid Death Toll, Jennifer S. Bard
Brooklyn Law Review
The sharply rising deaths associated with use of synthetic opioids in the United States highlight the failure of a legislative strategy focused on reducing the availability of prescription opioids. However, since synthetic opioids prescribed for pain relief have never been a major contributor to either developing opioid dependence or dying from opioid use, it is not surprising that these measures have not only failed to reduce deaths, but have also caused considerable harm to people in need of pain relief. Yet reversing them and taking a public health approach focused on preventing the most serious harms associated with synthetic opioids …
Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood
Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood
Brooklyn Law Review
Certificate of Need (CON) laws are designed to lower the cost of healthcare and have been a staple of American law for over half a century. In the most basic sense, CON laws require that medical providers receive the government’s permission to build a new healthcare facility, purchase major medical equipment, add or remove services, and in some cases, change their hours of operation. These requirements are designed to lower the price of healthcare by limiting competition and barring providers from investing in services or equipment that are deemed “unnecessary” by the government, thus preventing these providers from passing the …
Paging Doctor Robot: Medical Artificial Intelligence, Tort Liability, And Why Personhood May Be The Answer, Benedict See
Paging Doctor Robot: Medical Artificial Intelligence, Tort Liability, And Why Personhood May Be The Answer, Benedict See
Brooklyn Law Review
Artificial intelligence (AI) is a part of everyday life. From our phones, to social media accounts, to online shopping, AI is present and enhances our daily experiences. One area where AI has a heavy (and an increasing) presence is the medical industry. Just as humans make mistakes, so does AI. However, when a human doctor makes a mistake, they can be sued for malpractice, but when AI makes a mistake, who is to be held responsible? Because tort law was designed with humans in mind, it may be hard to apply to medical AI, who’s “black box” algorithms make their …
Copying Copyright: Adopting A Fair Use Defense In Patent Law In Times Of Public Health Crisis, Kellie C. Van Beck
Copying Copyright: Adopting A Fair Use Defense In Patent Law In Times Of Public Health Crisis, Kellie C. Van Beck
Brooklyn Law Review
Epidemics have devastated humankind for centuries. Given the simultaneous rise of advanced disease prevention and treatment and the great potential for mass public uptake, it is unsurprising that the U.S. pharmaceutical industry has grown to $775 billion in annual sales revenue. It is clear that the commercialization of important public health measures is not without controversy. Of particular debate is that vaccine and other drug manufacturers monopolize their products and control them through patent laws. Yet there is a strong dichotomy between the importance of patents and the need for public access to innovations. This is not to say that …
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Brooklyn Law Review
Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …
Patents, Information, And Innovation, Brenda M. Simon
Patents, Information, And Innovation, Brenda M. Simon
Brooklyn Law Review
Inventors and commercialization partners often rely on patents to facilitate the exchange of sensitive information. Most scholarship in this area has focused on the areas of software and biotechnology. To provide a richer description of the role of patents in the innovative process, this project evaluates the existing literature and sets forth examples drawn from a series of interviews with professionals from the largely-overlooked medical device industry. The limited analysis of the medical device industry has focused on the largest few dozen firms—as publicly-traded entities, a great deal of data about them is readily available. Small medical device companies are …
“To Infinity And Beyond”: A Limitless Approach To Telemedicine Beyond State Borders, Kate Nelson
“To Infinity And Beyond”: A Limitless Approach To Telemedicine Beyond State Borders, Kate Nelson
Brooklyn Law Review
Although the growth and acceptance of technological advances in the medical field have been rapid, the legal system has neglected to adjust its laws accordingly. Perhaps the most significant innovation is telemedicine, which allows a patient and a doctor, miles away from each other, to form a medical relationship across state lines. Yet, the traditional state-by-state physician licensing scheme, which promotes a medical relationship within just one state, remains the governing law. Consequently, many citizens––especially those residing in rural areas––continue to suffer from lack of health care access due to physician shortages within their state borders. Accordingly, this note critically …