Liability

  • Read more: Forced Christian Arbitration Agreements Trivialize Health Care

    Forced Christian Arbitration Agreements Trivialize Health Care

    By Aobo Dong It is no secret that more and more for-profit companies and non-profit organizations are using binding religious arbitration agreements as a means to bypass legal liability. It has been reported that entities that have little or no religious purpose, such as bamboo floor vendors and vocation cabin rental agencies, have quietly inserted…

  • Read more: The Accessibility Police: How the ADA Education and Reform Act Hinders ADA Enforcement and Burdens Americans with Disabilities

    The Accessibility Police: How the ADA Education and Reform Act Hinders ADA Enforcement and Burdens Americans with Disabilities

    By Shailin Thomas Recently, the House of Representatives voted on and passed the ADA Education and Reform Act of 2017 — an update to the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.). The bill changes the process by which private citizens with disabilities and disabling medical conditions can bring lawsuits…

  • Read more: “Right to Try” Does Not Help Patients

    “Right to Try” Does Not Help Patients

    By Christopher Robertson and Kelly McBride Folkers  In 2014, Arizonans overwhelmingly voted in favor of a ballot referendum that claimed to allow terminally ill patients the “right to try” experimental drugs that have not yet been approved by the Food and Drug Administration (FDA). Despite the policy’s broad support, it has yet to help a…

  • Read more: TODAY, 11/20 at 5 PM: Health Law Workshop with Thaddeus Pope

    TODAY, 11/20 at 5 PM: Health Law Workshop with Thaddeus Pope

    November 20, 2017 5-7 PM Hauser Hall, Room 104 Harvard Law School, 1575 Massachusetts Ave., Cambridge, MA “From Informed Consent to Shared Decision Making: How Patient Decision Aids Can Improve Patient Safety and Reduce Medical Liability Risk.”  Download the presentation here. Thaddeus Mason Pope is Professor of Law and Director of the Health Law Institute at the…

  • Read more: An Analysis of Five Years of Cerebral Palsy Claims in the UK

    An Analysis of Five Years of Cerebral Palsy Claims in the UK

    By John Tingle NHS Resolution, an arm’s length body of the Department of Health that manages clinical negligence and other claims brought against the NHS in England, have just published a report on cerebral palsy legal claims. These claims are complex and result in large awards of compensation. In 2016-17, whilst the obstetrics specialty accounted for…

  • Read more: Democratized Diagnostics: Why Medical Artificial Intelligence Needs Vetting

    Democratized Diagnostics: Why Medical Artificial Intelligence Needs Vetting

    By Shailin Thomas Pancreatic cancer is one of the deadliest illnesses out there.  The five-year survival rate of patients with the disease is only about 7%.  This is, in part, because few observable symptoms appear early enough for effective treatment.  As a result, by the time many patients are diagnosed the prognosis is poor.  There…