Liability For Use Of Artificial Intelligence In Medicine,
2022
University of Michigan Law School
Liability For Use Of Artificial Intelligence In Medicine, W. Nicholson Price, Sara Gerke, I. Glenn Cohen
Law & Economics Working Papers
While artificial intelligence has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties, but also broader systemic questions about how AI will be developed and adopted. The landscape of liability is complex, involving health-care providers and institutions and the developers of AI systems. In this chapter, we consider these three principal loci of liability: individual health-care providers, focused on physicians; institutions, focused on hospitals; and developers.
Time To Follow Florida: Why Gina's Definition Of "Genetic Information" Must Change In The Context Of Life Insurance,
2022
Duquesne University
Time To Follow Florida: Why Gina's Definition Of "Genetic Information" Must Change In The Context Of Life Insurance, Kathryn Czekalski
Duquesne Law Review
Many Americans apply for a life insurance policy to protect their spouses and families in the event of an untimely death.1 What if insurance companies required genetic tests as part of the application process? What if those results were used to exclude applicants or calculate premiums? Can an individual who has taken a commercial genetic test, such as the popular 23andMe, 2 be forced to disclose the results to obtain an insurance policy? Surprisingly, genetic discrimination regarding life insurance decisions is currently legal in forty-nine of the fifty states.3 This Article argues that additional federal legislation to prohibit …
A Cure Of What Ails You: How Universal Healthcare Can Help Fix Our Tort System,
2022
University of Idaho College of Law
A Cure Of What Ails You: How Universal Healthcare Can Help Fix Our Tort System, David Pimentel
Articles
No abstract provided.
Fair Access To Scarce Medical Capacity For Non-Covid-19 Patients: A Role For Reserves,
2022
University of Denver
Fair Access To Scarce Medical Capacity For Non-Covid-19 Patients: A Role For Reserves, Govind C. Persad, Parag A. Pathak, Tayfun Sönmez, M. Utku Unver
Sturm College of Law: Faculty Scholarship
As hospitals in the US and elsewhere fill again with patients with covid-19, discussions about how to fairly allocate scarce medical resources have come to the fore once again. One frequently voiced concern is that non-covid-19 patients with urgent health needs are facing indefinitely postponed surgeries, long-distance hospital transfers, or even are unable to access medical treatment. In our view, a reserve or categorised priority system could help. It could be used to fairly distribute scarce medical capacity—such as staffing, physical space, and medical treatments—between covid-19 and non-covid-19 patients, just as it has been used or proposed to allocate covid-19 …
Race-Specific, State-Specific Covid-19 Vaccination Rates Adjusted For Age,
2022
University of Minnesota
Race-Specific, State-Specific Covid-19 Vaccination Rates Adjusted For Age, Elizabeth Wrigley-Field, Kaitlyn M. Berry, Govind C. Persad
Sturm College of Law: Faculty Scholarship
The authors provide the first age-standardized race/ethnicity-specific, state-specific vaccination rates for the United States. Data encompass all states reporting race/ethnicity-specific vaccinations and reflect vaccinations through mid-October 2021, just before eligibility expanded below age 12. Using indirect age standardization, the authors compare racial/ethnic state vaccination rates with national rates. The results show that white and Black state median vaccination rates are, respectively, 89 percent and 76 percent of what would be predicted on the basis of age; Hispanic and Native rates are almost identical to what would be predicted; and Asian American/Pacific Islander rates are 110 percent of what would be …
Errors In Converting Principles To Protocols: Where The Bioethics Of Us Covid‐19 Vaccine Allocation Went Wrong,
2022
University of Chicago
Errors In Converting Principles To Protocols: Where The Bioethics Of Us Covid‐19 Vaccine Allocation Went Wrong, William F. Parker, Govind C. Persad, Monica E. Peek
Sturm College of Law: Faculty Scholarship
For much of 2021, allocating the scarce supply of Covid-19 vaccines was the world's most pressing bioethical challenge, and similar challenges may recur for novel therapies and future vaccines. In the United States, the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP) identified three fundamental ethical principles to guide the process: maximize benefits, promote justice, and mitigate health inequities. We argue that critical components of the recommended protocol were internally inconsistent with these principles. Specifically, the ACIP violated its principles by recommending overly broad health care worker priority in phase 1a, using being at least seventy-five …
A Comprehensive Covid-19 Response—The Need For Economic Evaluation,
2022
University of Denver
A Comprehensive Covid-19 Response—The Need For Economic Evaluation, Govind C. Persad, Ankur Pandya
Sturm College of Law: Faculty Scholarship
Recently, the World Health Organization has exhorted countries to fight the Covid-19 pandemic with other interventions in addition to vaccines. But for countries to mount a comprehensive and effective response, more than exhortation is needed. Policymakers must understand the benefits and burdens associated with various policy options. They also have to be equipped to rigorously and systematically compare these benefits and burdens, both when evaluating individual policies and when determining which policies to include in a legislative or regulatory package.
Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications,
2022
University of Denver
Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications, Govind C. Persad
Sturm College of Law: Faculty Scholarship
The COVID-19 pandemic brought debates over the use of age in scarce resource allocation to the fore once again. Initially, particularly in developed countries, debates surrounded the use of older age as an exclusion or lower-priority criterion for receipt of scarce medical interventions such as ICU beds and ventilator therapy. Many advocacy groups for older adults argued that age should not be used as a criterion for access to such interventions.[1] In developed countries and in particular the United States, they were largely successful, at least with respect to formal policy, ensuring that resource allocation policies excluded or minimized the …
Black Mothers Matter: The Social, Political And Legal Determinants Of Black Maternal Health Across The Lifespan,
2022
University of Maryland Francis King Carey School of Law
Black Mothers Matter: The Social, Political And Legal Determinants Of Black Maternal Health Across The Lifespan, Elizabeth Tobin Tyler
Journal of Health Care Law and Policy
No abstract provided.
On The Cusp Of The Next Malpractice Insurance Crisis,
2022
University of Maryland Francis King Carey School of Law
On The Cusp Of The Next Malpractice Insurance Crisis, Philip G. Peters Jr.,
Journal of Health Care Law and Policy
No abstract provided.
Resistance And Resilience: Antibiotic Tracking To Thwart Antimicrobial Resistance,
2022
University of Maryland Francis King Carey School of Law
Resistance And Resilience: Antibiotic Tracking To Thwart Antimicrobial Resistance, Jordan M. Fisher
Journal of Health Care Law and Policy
No abstract provided.
Discussant Remarks,
2022
American University Washington College of Law
Discussant Remarks, Hannah L. Buxbaum
American University International Law Review
Through the lens of current crises—including the climate crisis, the crisis of democracy, and of course the COVID-19 pandemic— Professor Daudet examines the role that international law plays in mediating the principle of national sovereignty and the interests of the global community.1 He goes on to inquire whether these crises might in some way create an opportunity to advance the international legal and political order.
The Mental Health Crisis On Campus: Liability Implications Of Using Emerging Technology,
2022
American University Washington College of Law
The Mental Health Crisis On Campus: Liability Implications Of Using Emerging Technology, Betsy J. Grey
American University Law Review
Institutions of higher education are facing a “mental health crisis.” Students are experiencing high rates of mental health issues, exacerbated by the pandemic. At the same time, the severity of psychological disorders is accelerating among students. These developments have put enormous pressure on traditional university support systems, and schools have turned to new technologies, like online mental health resources and monitoring systems using artificial intelligence, to expand their mental health services. This article explores the liability implications of using these emerging technologies to address these escalating needs. Universities offer mental health services in good faith to help their students succeed, …
Sharenting Is Here To Stay, So Now What?,
2022
Seattle University School of Law
Sharenting Is Here To Stay, So Now What?, Anonymous Author
Seattle University Law Review
This Note explores the concept of sharenting, its real-world consequences, and the daunting task of creating a workable solution. Part I of this Note provides a broad overview of sharenting and its implications. Part II describes the current state of the law and why sharenting remains a difficult issue to address. Part III discusses four legal frameworks posed by legal scholars to combat sharenting: anti-bullying, privacy, erasure, and child labor laws—and, ultimately, why each fails to offer an airtight solution. Part IV offers an alternative solution: the regulation of data brokers and outlawing advertisement-based social media platforms to protect children’s …
A Hot Topic: Is The Fda’S Approach To Sunscreen Regulation Failing Consumers?,
2022
Seattle University School of Law
A Hot Topic: Is The Fda’S Approach To Sunscreen Regulation Failing Consumers?, Haley Westman
Seattle University Law Review
This Note suggests a better balance between allowing sunscreen innovation and protecting the public from unsafe products. Part I of this Note will review the factual background of the public’s attention to sunscreen, explain the current sunscreen issues in the news, and highlight the different actors involved in the growing discourse surrounding sunscreen. Part I will also show that the actors involved in the sunscreen industry—scientific researchers, social media influencers, and the public at large—have considerable influence on consumers’ trust in sunscreen, their buying habits, and the FDA’s approach to sunscreen regulation. Part II of this Note will outline the …
The Supreme Mistake: When A Choice Is Really No Choice At All, 55 Uic L. Rev. 68 (2022),
2022
UIC School of Law
The Supreme Mistake: When A Choice Is Really No Choice At All, 55 Uic L. Rev. 68 (2022), Brooke Payton
UIC Law Review
No abstract provided.
The Pitfalls Of Judicial Activism During Covid-19: An Analysis Of Wisconsin Legislature V. Palm, 55 Uic L. Rev. 94 (2022),
2022
UIC School of Law
The Pitfalls Of Judicial Activism During Covid-19: An Analysis Of Wisconsin Legislature V. Palm, 55 Uic L. Rev. 94 (2022), Courtney Krznarich
UIC Law Review
No abstract provided.
June Medical Services L.L.C V. Russo: Analyzing The Negative Impact Of Maintaining The Status Quo On Abortion, 55 Uic L. Rev. 120 (2022),
2022
UIC School of Law
June Medical Services L.L.C V. Russo: Analyzing The Negative Impact Of Maintaining The Status Quo On Abortion, 55 Uic L. Rev. 120 (2022), Colleen Reider
UIC Law Review
No abstract provided.
A Tale Of Two Cities: Interpreting Racial Disparity In Enforcement Of Stay-At-Home Orders & Social Distancing Rules In New York, 55 Uic L. Rev. 485 (2022),
2022
UIC School of Law
A Tale Of Two Cities: Interpreting Racial Disparity In Enforcement Of Stay-At-Home Orders & Social Distancing Rules In New York, 55 Uic L. Rev. 485 (2022), Sarah Hopkins
UIC Law Review
No abstract provided.
The Doha Declaration At Twenty: Interpretation, Implementation, And Lessons Learned On The Relationship Between The Trips Agreement And Global Health,
2022
Northwestern Pritzker School of Law
The Doha Declaration At Twenty: Interpretation, Implementation, And Lessons Learned On The Relationship Between The Trips Agreement And Global Health, Eric M. Solovy
Northwestern Journal of International Law & Business
No abstract provided.
