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Full-Text Articles in Social Welfare Law

Case No. 26 - Apls, New York Law School Jan 2016

Case No. 26 - Apls, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - APLS


Case No. 2 - Preventable Maternal Death Due To Hemorrhage, New York Law School Jan 2016

Case No. 2 - Preventable Maternal Death Due To Hemorrhage, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Preventable Maternal Death Due to Hemorrhage


Case No. 4 - Anoxic Encephalopathy Associated With A "High Spinal" Affect During Cesarean Delivery, New York Law School Jan 2016

Case No. 4 - Anoxic Encephalopathy Associated With A "High Spinal" Affect During Cesarean Delivery, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Anoxic Encephalopathy Associated with a "High Spinal" Affect during Cesarean Delivery


Case No. 1 - Anoxic Encephalopathy In A 7 Year Old Experiencing Hemorrhagic Shock Following Liver Biopsy, New York Law School Jan 2016

Case No. 1 - Anoxic Encephalopathy In A 7 Year Old Experiencing Hemorrhagic Shock Following Liver Biopsy, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Anoxic Encephalopathy in a 7 year old Experiencing Hemorrhagic Shock following Liver Biopsy


Case No. 3 - Anoxic Encephalopathy In 3 Year Old With A Cardiac Arrest During Orthopedic Surgery Under General Anesthesia For A Broken Elbow, New York Law School Jan 2016

Case No. 3 - Anoxic Encephalopathy In 3 Year Old With A Cardiac Arrest During Orthopedic Surgery Under General Anesthesia For A Broken Elbow, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Anoxic Encephalopathy in 3 year old with a Cardiac Arrest During Orthopedic Surgery under General Anesthesia for a Broken Elbow


Case No. 10 - Post Cardiac Bypass Tamponade Producing Cardiac Arrest And Brain Damage, New York Law School Jan 2016

Case No. 10 - Post Cardiac Bypass Tamponade Producing Cardiac Arrest And Brain Damage, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Post Cardiac Bypass Tamponade Producing Cardiac Arrest and Brain Damage


Case No. 9 - Death Following Iatrogenic Bowel Perforation After Endoscopic G.I. Procedures, New York Law School Jan 2016

Case No. 9 - Death Following Iatrogenic Bowel Perforation After Endoscopic G.I. Procedures, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Death following Iatrogenic Bowel Perforation after Endoscopic G.I. Procedures


Case No. 13 - Delay In Diagnosing A Left Breast Malignant Tumor That Was 7 X 9 Cm. At Diagnosis, New York Law School Jan 2016

Case No. 13 - Delay In Diagnosing A Left Breast Malignant Tumor That Was 7 X 9 Cm. At Diagnosis, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Delay in Diagnosing a Left Breast Malignant Tumor that was 7 x 9 cm. at Diagnosis


Case No. 11 - Respiratory And Cardiac Arrest At 3 Weeks Of Age In A Very Premature Neonate Occurring In The Nicu, New York Law School Jan 2016

Case No. 11 - Respiratory And Cardiac Arrest At 3 Weeks Of Age In A Very Premature Neonate Occurring In The Nicu, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Respiratory and Cardiac Arrest at 3 Weeks of age in a very Premature Neonate Occurring in the NICU


Case No. 6 - Perinatal Complications With Eclampsia, New York Law School Jan 2016

Case No. 6 - Perinatal Complications With Eclampsia, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Perinatal Complications with Eclampsia


Case No. 8 - Perinatal Asphyxia Brain Injury With Fetal Growth Restriction, New York Law School Jan 2016

Case No. 8 - Perinatal Asphyxia Brain Injury With Fetal Growth Restriction, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Perinatal Asphyxia Brain Injury with Fetal Growth Restriction


Case No. 18 - Death Following A Failure To Diagnose An Acute Myocardial Infarction, New York Law School Jan 2016

Case No. 18 - Death Following A Failure To Diagnose An Acute Myocardial Infarction, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Death Following a Failure to Diagnose an Acute Myocardial Infarction


Case No. 17 - Brain Abscess And Meningitis Following A Dental Abscess In 38 Year Old Woman, New York Law School Jan 2016

Case No. 17 - Brain Abscess And Meningitis Following A Dental Abscess In 38 Year Old Woman, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Brain Abscess and Meningitis Following a Dental Abscess in 38 year old Woman


Case No. 16 - Maternal Death In A Patient Who Had Rheumatic Heart Disease, New York Law School Jan 2016

Case No. 16 - Maternal Death In A Patient Who Had Rheumatic Heart Disease, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Maternal Death in a Patient who had Rheumatic Heart Disease


Case No. 20 - Diagnosis And Treatment Of Meningitis In A 3 Week Old Child Who Sustained A Spinal Cord Infarct Following A Cardiac Arrest, New York Law School Jan 2016

Case No. 20 - Diagnosis And Treatment Of Meningitis In A 3 Week Old Child Who Sustained A Spinal Cord Infarct Following A Cardiac Arrest, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Diagnosis and Treatment of Meningitis in a 3 Week Old Child who Sustained a Spinal Cord Infarct Following a Cardiac Arrest


Case No. 21 - Trauma In Pregnancy, New York Law School Jan 2016

Case No. 21 - Trauma In Pregnancy, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Trauma in Pregnancy


Case No. 25 - Death Of A 25 Year Old Woman In A Hospital’S Micu With Sepsis And Septic Shock, New York Law School Jan 2016

Case No. 25 - Death Of A 25 Year Old Woman In A Hospital’S Micu With Sepsis And Septic Shock, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Death of a 25 year old Woman in a Hospital’s MICU with Sepsis and Septic Shock


Case No. 23 - Hypertensive Brain Bleed In A 10 Year Old With Undiagnosed Kidney Disease, New York Law School Jan 2016

Case No. 23 - Hypertensive Brain Bleed In A 10 Year Old With Undiagnosed Kidney Disease, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Hypertensive Brain Bleed in a 10 year old with Undiagnosed Kidney Disease


On The Expansion Of “Health” And “Welfare” Under Medicaid, Laura Hermer Jan 2016

On The Expansion Of “Health” And “Welfare” Under Medicaid, Laura Hermer

Faculty Scholarship

Medicaid was intended from its inception to provide financial access to health care for certain categories of impoverished Americans. While rooted in historical welfare programs, it was meant to afford the "deserving" poor access to the same sort of health care that other, wealthier Americans received. Yet despite this seemingly innocuous and laudable purpose, it has become a front in the political and social battles waged over the last several decades on the issues of welfare and the safety net. The latest battleground pits competing visions of Medicaid. One vision seeks to transform Medicaid from a health care program into …


Irresponsibly Taxing Irresponsibility: The Individual Tax Penalty Under The Affordable Care Act, Francine J. Lipman, James Owens Jan 2016

Irresponsibly Taxing Irresponsibility: The Individual Tax Penalty Under The Affordable Care Act, Francine J. Lipman, James Owens

Scholarly Works

In recent decades, Congress has used the federal income tax system increasingly to administer and deliver social benefits. This transition is consistent with the evolution of the American welfare system into workfare over the last several decades. As more and more social welfare benefits are conditioned upon work, family composition, and means-tested by income levels, the income tax system where this data is already systematically aggregated, authenticated, and processed has become the go-to administrative agency.

Nevertheless, as the National Taxpayer Advocate Nina Olson has noted there are “substantial differences between benefits agencies and enforcement agencies in terms of culture, mindset, …


Single Payer And The Rising Cost Of Health Care, Brianna Paolicelli Jan 2016

Single Payer And The Rising Cost Of Health Care, Brianna Paolicelli

Cardozo Public Law, Policy & Ethics Journal

The New York Health Act proposes a single-payer healthcare system aimed at providing universal coverage by eliminating private insurers and reducing administrative costs. The Act, persistently advocated by Assemblyman Richard Gottfried since 1992, passed the State Assembly in 2015 but faces opposition, particularly from the insurance industry and the Republican Senate. Despite challenges, the Act is supported by economic research indicating significant cost savings and improved efficiency, drawing on international successes like Canada and Taiwan. It addresses historical and contemporary healthcare issues, offering a comprehensive solution to the state's healthcare needs.


Healthcare Access In Women’S Prisons: An Intersectional Perspective, Megan R. Bray Jan 2016

Healthcare Access In Women’S Prisons: An Intersectional Perspective, Megan R. Bray

UROP Posters

This project will be identifying the key factors that contribute to the significant lack of health care in prisons in the U.S., specifically in women’s correctional facilities. I will be lending my focus to disparities in mental health, HIV/AIDs care, reproductive health, trans health, and physical health issues among women who are either currently incarcerated or those who have completed their sentences and are at higher risk for re-entry after attempting re-integration. There is a lack of care, access, and proper treatment for women inmates in U.S. prisons and reform is needed. I foresee the best possible way to accomplish …


The Collective Fiduciary, Lauren R. Roth Jan 2016

The Collective Fiduciary, Lauren R. Roth

Scholarly Works

Can fiduciaries be made to serve public goals? The movement under the Patient Protection and Affordable Care Act (“ACA”) towards universal access to health insurance requires us to focus on the fiduciary relationships between large organizations providing access to healthcare and the populations they serve. These relationships have become a collective undertaking instead of a direct, personal relationship.

In this Article, I introduce the concept of the collective fiduciary in response to the shift towards uniform, national goals in the realm of health insurance and healthcare. Only through a collective approach can we hold fiduciaries accountable for the welfare of …


Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt Nov 2015

Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt

Seattle University Law Review

On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified to …


Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law Aug 2015

Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Ohio's Need To Enact A Living Will Statute And Recognize The Terminally Ill Patient's Right To Death With Dignity, Frank G. Mazgaj Jul 2015

Ohio's Need To Enact A Living Will Statute And Recognize The Terminally Ill Patient's Right To Death With Dignity, Frank G. Mazgaj

Akron Law Review

This article discusses the use of "living wills" as a method for permitting a terminally ill patient to forego or terminate life-sustaining treatment. First, the constitutional issues, description, and medical and legal considerations of "living wills" will be explored. Secondly, alternative methods to forego or terminate life-sustaining treatment will be discussed. Finally, this article will analyze Ohio's proposed "living will" statute, and offer corresponding recommendations.


Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns Jul 2015

Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns

Seattle University Law Review

Despite knowledge that commerce in food is a profit-driven enterprise, the public has consistently put great faith in the wholesomeness and safety of the food being purchased. To some extent, such faith is necessary, even if not always justified. In making the decision to put a bite of food in one’s own mouth, or the mouth of a friend or family member, a form of faith or trust must accompany the act of eating. For who would knowingly eat food suspected to be unsafe? But that is precisely what millions of people do every year, with a great many of …


Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib Jul 2015

Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib

Seattle University Law Review

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.


Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf Jun 2015

Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf

Pace Law Review

Motor-vehicle-related deaths consistently topped the accidental death count in the United States for decades. In 2009, for the first time, drug poisoning took over as the number one accidental killer. In 1980, approximately 6,100 people died from drug overdose. In the past ten years, the drug overdose rate for males and females, regardless of race, ethnicity and age, increased. In 2000, 4.1 per 100,000 people died from unintentional drug overdose; in 2010, that number rose to 9.7 per 100,000. The drug overdose epidemic, now the leading cause of unintentional death in the United States, warrants national attention.

To reduce the …


Is Medicare Advantage Entitled To Bring A Private Cause Of Action Under The Medicare Secondary Payer Act?, Jennifer Jordan Jan 2015

Is Medicare Advantage Entitled To Bring A Private Cause Of Action Under The Medicare Secondary Payer Act?, Jennifer Jordan

William Mitchell Law Review

No abstract provided.