Medical Jurisprudence Commons^™

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal

No abstract provided.

On The Cusp Of The Next Medical Malpractice Insurance Crisis, Philip G. Peters Jr.

Faculty Publications

Medical malpractice claims are dwindling. Total payouts are far lower than during the 2002 crisis. Yet, insurance industry profits have been sinking for a decade and are nearly in the red. After a dozen years with a “soft” insurance market, we are now on the cusp of yet another malpractice insurance crisis.

How can profits be in peril if claims have dwindled and payouts are historically low?
Answering that question requires an understanding of the insurance cycle. The cycle periodically transforms gradual increases in costs and gradual decreases in revenue into explosive increases in premiums.

The industry’s financial statistics ...

Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw

Georgetown Law Faculty Publications and Other Works

As COVID-19 vaccination rates in high-income countries increase, governments are proposing or implementing digital health passes (DHPs) (vaccine “passports” or “certificates”). Israel uses a “green pass” smartphone application permitting vaccinated individuals’ access to public venues (eg, gyms, hotels, entertainment). The European Union plans a “Digital Green Certificate” enabling free travel within the bloc (see eTable in the Supplement). New York is piloting an IBM “Excelsior Pass,” confirming vaccination or negative SARS-CoV-2 test status through confidential data transfers to fast-track business reopenings. This paper examines the benefits of DHPs, scientific challenges, and whether they are lawful and ethical.

Human Organs Transplantation From Jurisprudence View- نقل وزراعة الأعضاء البشرية في الميزان الشرعي

Journal Sharia and Law

The researcher tackles a widely conflicting topic by jurisprudents, a case which opens doors widely for

Discussions. His research covers the following:

1. The Right and its Divisions.
2. Donation of organs and jurisprudence principles.
3. Transfer of organs from the dead.
4. opposers allegations and refutation thereof.

He quoted evidences from Holy Quran, Sunnah and jurisprudents explaining jurisprudential principles related to the subject & finally ends up with his conclusions.

Death By Denial: Pre-Existing Conditions As A Bar To Accident Insurance Recovery, Madeleine M. Kausel

Boston College Law Review

On February 4, 2020, the United States Court of Appeals for the First Circuit, in Arruda v. Zurich American Insurance Co., held that an insurance plan administrator’s denial of coverage was not an abuse of discretion because the plan participant’s pre-existing medical conditions contributed to his accidental death. The First Circuit rejected the “substantial factor” test and applied a plain meaning approach. In reaching this conclusion, the court split from the Fourth, Ninth, and Eleventh Circuits’ interpretations of ERISA-covered accident policies. This Comment argues that the First Circuit should have applied the substantial factor test because, unlike the ...

Credibility Of Genetic Profiling In Establishing Paternity A Legal Comparative Study, Fwaz Saleh

Journal Sharia and Law

Genetic profiling offers a new dimension for the possibility of exploring biological truth. It plays an important role in establishing paternity in Western legislation, though two conflicting trends are apparent in this connection: free and restricted.

In both trends, however, proving the biological truth is not the only objective of the legal rules organizing the establishment of paternity. The present study has also indicated that genetic profiling poses a threat to human rights, especially inviolability of the human body. Scientific evidence would certainly help determine paternity through the use of biologically accurate techniques. In the event of disputed paternity, however ...

Provisions On The Concealment Of Esthetic Imperfections, Through Therapeutic Or Cosmetic Interventions, From The Fiancé: Islamic Jurisdictive Study From A Medical Perspective, Asma Salmeen Al-Aryani, Nihal Abdullah Ahmed

Journal Sharia and Law

The aim of this research is to explain the provisions of jurisprudence of hiding some unapparent defects or imperfections by the fiancée from her future husband through either therapeutic or cosmetic procedures.

The treatment may be a cure of a congenital disease that may affect the marriage, offspring or both, or it may not affect any of them. Treatment may also be the cure of an imbalance that affects the human and caused by himself or others. This imbalance may have impact on marital life, offspring, both of them or it may not have an effect on either of them ...

Chain, Chain, Chain—Chain Of (Pharma) Fools: Why Third Party Payors Maintain The Proximate Causal Chain Under Rico § 1964(C), Sarah M. Kelley

Boston College Law Review

On December 3, 2019, the U.S. Court of Appeals for the Ninth Circuit in Painters & Allied Trades District Council 82 Health Care Fund v. Takeda Pharmaceuticals Co. held that Third Party Payors (TPPs) may satisfy proximate causation in civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims against pharmaceutical companies where they claim that, but for the pharmaceutical company’s failure to indicate a drug’s cancer-causing risk, they would not have incurred expenditures for the drug. In doing so, the Ninth Circuit joined the U.S. Courts of Appeals for the First and Third Circuits and split from ...

Hospice Care's Adventures In Fraudland: "Battle Of The Experts" & Proving Falsity Under The False Claims Act, Elizabeth A. Caruso

Boston College Law Review

In 2020, in United States ex rel. Druding v. Care Alternatives, the Third Circuit held that medical expert testimony alone is enough to demonstrate that a clinical judgment certifying a patient for hospice care is false. In doing so, the court rejected the objective falsehood standard, a fact-based inquiry that requires more than a showing of a “reasonable disagreement” between medical experts to prove a claim is false. The holding has lasting implications for physician liability and allows questionable hospice care claims to flood the judiciary whenever a minor dispute over a patient’s life expectancy occurs. This Comment argues ...

A Medical Doctor’S Abstinence From Care Giving In Islamic Jurisprudence (Shari'a) And Common Law

Journal Sharia and Law

This paper addresses the following: First, it defines the term “Medicine”, its virtues and wisdom on the basis that care giving (treatment) is not the duty of every Muslim. Second, the study states that freedom of action is the foundation of care giving in the medical profession. Nonetheless, the study goes on to point out that doctors are under solemn duty to provide care, and this is governed by such principles as Islamic jurisprudence (Shari'a) and social responsibility. Third, the issue of whether or not to provide care giving is a contemporary one. This has been addressed in relation ...

Applying The Health Justice Framework To Address Health And Health Care Inequities Experienced By People With Disabilities During And After Covid-19, Robyn M. Powell

Washington Law Review

The COVID-19 pandemic has been especially devastating for people with disabilities, as well as other socially marginalized communities. Indeed, an emerging body of scholarship has revealed that people with disabilities are experiencing striking disparities. In particular, scholars have shined a light on state and hospital triage policies that allow hospitals to ration critical health care and resources, such as ventilators, for people with disabilities if resources become limited and they cannot treat all patients during the pandemic. These injustices deserve extensive consideration from policymakers, legal professionals, and scholars.

Elucidating how the inequities that people with disabilities experience during the COVID-19 ...

Concept And Provisions Of Bodily (Physical) Changes: Analytical Study Of Jurisprudence, Abdullah Salem Al Taha

Journal Sharia and Law

The research aims to set an important issue entails a lot of issues relating to ancient and modern cosmetic operations and other general medical operations.

In this study, I explained the meaning of the term of the bodily/physical change, which was referred in the Qur'an and Sunnah.

Afterwards, I have addressed the identity of the forbidden physical change and the opinion of Islamic jurisprudence scholars of it.

In conclusion, I dedicated a section for the most important contemporary issues that derive different facts as an application for bodily change

Perspective Of Islamic Law (Sharia) Towards The Liability Of Medical Malpractice, Mohammed Abdul Rahim Al Olama

Journal Sharia and Law

In this brief study, I have addressed the view of Islamic Law (Sharia) towards liability in medical malpractice. I have cited the views of early scholars from the four schools of Islamic jurisprudence as well as contemporary ones and quoted decisions issued by the jurisprudential academies in reference to this important subject. Moreover, the study sheds light on the position of Sharia especially with the introduction of multidisciplinary modern medicine treatments and the increased likelihood of consequent medical malpractice.

It is noteworthy that the doctor's commitment to the rules and principles of the medical profession without negligence absolves him ...

The Right To Conscience Vs. The Right To Die: Physician-Assisted Suicide, Catholic Hospitals, And The Rising Threat To Institutional Free Exercise In Healthcare, Zachary R. Carstens

Pepperdine Law Review

An imminent conflict is developing between religious healthcare institutions opposed to physician-assisted death (PAD) and their healthcare employees who wish to offer PAD to their patients. When these interests clash, institutional conscience claims must prevail over doctors’ desires and patients’ demands. This article catalogues the incomplete patchwork of conscience protections guaranteed to American healthcare workers and institutions, as well as the swiftly accelerating wave of PAD legalization sweeping the states. The article documents the tactical vocabulary—deployed with nearly identical language in every state PAD statute—that conspicuously anticipates con-science objections from the massive, and staunchly anti-PAD, Catholic healthcare system ...

California V. Texas: The Role Of Congressional Procedure In Severability Doctrine, Mary Leto Pareja

Faculty Scholarship

The United States Supreme Court is once again considering a case that challenges the constitutionality of the Affordable Care Act (“ACA”). In this round of litigation, plaintiffs argue that because Congress lowered the individual mandate tax penalty to zero in the 2017 Tax Act that makes the individual mandate itself unconstitutional and that, furthermore, the individual mandate cannot be severed from the rest of the ACA. The District Court agreed with the plaintiffs and struck down the entire ACA, and the Supreme Court granted cert to hear this momentous question. A decision is expected by summer of 2021.

The ACA ...

The Legal Provisions Of The Dna In Light Of Seeking To Ensure Effectiveness In The Determination Of Descent, Bassim Chihab

Journal Sharia and Law

The discovery of DNA was a turning point in the legal evidence system, With the pursuit of individuals and States to access the facts and to the inability of traditional evidence to meet the need, Both the legislation and the judiciary have moved towards DNA, as an amazing scientific discovery that provides precise answers to vague questions.

As is the case, developed countries have been credited with discovering and prioritizing DNA, In the Arab countries, and specifically in matters of personal status, there is a keen concern not to harm the family rights system, because they are constants, but on ...

Internal And External Challenges To Culpability, Stephen J. Morse

Faculty Scholarship at Penn Law

This article was presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at Arizona State University’s Sandra Day O’Connor College of Law. It is forthcoming in Arizona State Law Journal Volume 53, Issue 2.

The thesis of this article is simple: As long as we maintain the current folk psychological conception of ourselves as intentional and potentially rational creatures, as people and not simply as machines, mental states will inevitably remain central to ascriptions of culpability and responsibility more generally. It is also desirable. Nonetheless, we are in a condition of unprecedented internal ...

Big Pharma, Big Problems: Covid-19 Heightens Patent-Antitrust Tension Caused By Reverse Payments, Hannah M. Lasting

Seattle University Law Review

In the wake of COVID-19, pharmaceutical companies rushed to produce vaccinations and continue to work on developing treatments, while the tension caused by reverse payments intensifies between patent and antitrust law. Lawmakers must address this tension, and the current pandemic should serve as a catalyst to prompt reform at the legislative level. By amending the Hatch-Waxman Act, lawmakers can ease the increasing strain between patent and antitrust policy concerns. In 2013, the U.S. Supreme Court attempted to resolve this tension in its landmark decision, F.T.C. v. Actavis, but the tension remains as lower courts struggle to produce ...

Playing God: Faulty Decision-Making In Medical Futility Disputes, C. Scott Sergeant

Mitchell Hamline Law Review

No abstract provided.

Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill

Dickinson Law Review

Recently, the federal government has taken numerous steps to promote the equal treatment (also known as parity) of mental and physical health issues. The two most impactful actions are the Mental Health Parity and Addiction Act of 2008 and the Affordable Care Act. These acts focus on the traditional avenue for parity change—insurance regulation. While these acts have improved parity, major gaps in coverage and treatment between mental health/substance use disorder treatment and medical/surgical treatment persist. ERISA Preemption, evasive insurer behavior, lack of enforcement, and lack of consumer education continue to plague patients and healthcare professionals. On ...