Ethical and Legal Challenges Faced by Hospitals in New York’s First COVID-19 Surge
Supporting doctors and health care workers during times of crisis requires making concrete plans in advance for the worst case scenarios.
Zachary E. Shapiro
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Read more: Big Data, Genetics, and Re-Identification Big Data, Genetics, and Re-Identification
by Zachary Shapiro While all scientific research produces data, genomic analysis is somewhat unique in that it inherently produces vast quantities of data. Every human genome contains roughly 20,000-25,000 genes, so that even the most routine genomic sequencing or mapping will generate enormous amounts of data. Furthermore, next-generation sequencing techniques are being pioneered to allow…
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Read more: Affective Forecasting and Genetics Affective Forecasting and Genetics
by Zachary Shapiro Psychological research on “affective forecasting,” studying individuals’ ability to predict their future emotional states, consistently shows that people are terrible at predicting their ability to adapt to future adversity. This finding has particular significance for medical decision-making, as so many serious health decisions hinge on quality-of-life judgments, generally made by an individual balancing…
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Read more: Patent Law, Expertise, and the Court of Appeals for the Federal Circuit Patent Law, Expertise, and the Court of Appeals for the Federal Circuit
by Zachary Shapiro Since its creation in 1982, the Court of Appeals for the Federal Circuit (CAFC) has been a magnet for controversy and criticism. While I do not align myself with those critics, it would be foolish to not acknowledge the problems that are present with the CAFC. For instance, for the vast majority…
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Read more: Problems with fMRI as a tool of lie detection Problems with fMRI as a tool of lie detection
by Zachary Shapiro Functional magnetic resonance imaging (fMRI) evidence of lie detection has, appropriately, faced difficulty gaining evidentiary acceptance in criminal courts. While a comprehensive discussion of the case law is beyond the scope of this post, it is important to note that courts have repeatedly refused to admit such evidence, both under a Daubert test,…
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Read more: fMRI as a Tool of Lie-Detection fMRI as a Tool of Lie-Detection
by Zachary Shapiro The United States legal system places a great deal of importance on juries. With this faith comes a belief that juries are effective and reliable in determining the credibility of witnesses that testify in front of them. However, research has found that people, while generally good at lying, are terrible at detecting…
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Read more: Neuroimaging and the Law: Pitfalls Neuroimaging and the Law: Pitfalls
by Zachary Shapiro While there is considerable enthusiasm for incorporating neuroimaging technologies in the courtroom, it must be balanced with an understanding of the very real limitations of available neuroimaging data at present. I will focus on the use and study of one such technology, functional magnetic resonance imaging (fMRI), to explore some of these…
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Read more: The Learned Intermediary Rule and Direct-to-Consumer Advertising The Learned Intermediary Rule and Direct-to-Consumer Advertising
By Zachary Shapiro In the field of pharmaceutical product-liability litigation, the Learned Intermediary Rule (LIR) is a defense doctrine for failure to warn claims, which has been adopted in 22 states, and applied in 48. The LIR means that if a pharmaceutical manufacturer that gives an adequate warning to a prescribing physician, the company has…
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Read more: Savior Siblings in the United States Savior Siblings in the United States
By Zachary Shapiro With the emergence of new techniques in the field of reproductive technology, applications arise that seem more the realm of science fiction than reality. While many have considered stem cells to be the next frontier of modern medicine, reproductive technology may offer hope to many individuals suffering with rare and unique genetic…
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Read more: Ebola, Flight Bans, and Politics Ebola, Flight Bans, and Politics
By Zachary Shapiro It seems like the debate over banning flights from West African Ebola stricken countries has become instantly political, with many Conservatives calling for a flight ban. See here. One author, in response to these calls, points to the history of Liberia’s relationship with the United States as a reason that the US…