The Constitutionality of Technology-Assisted Contact Tracing
The COVID-19 pandemic has posed an impossible set of choices for governments, forcing them to weigh competing interests.
Constitutionality
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Read more: Framing the Digital Symposium – Global Responses to COVID-19: Rights, Democracy, and the Law Framing the Digital Symposium – Global Responses to COVID-19: Rights, Democracy, and the Law
This digital symposium presents a pointillist portrait of the spectrum of rights-related measures adopted to stop the spread of COVID-19 around the world.
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Read more: The Harms of Abortion Restrictions During the COVID-19 Pandemic The Harms of Abortion Restrictions During the COVID-19 Pandemic
These policies restricting abortion are unlikely to conserve PPE, and more importantly, they mischaracterize the nature and importance of abortions.
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Read more: Another Blow to Tort Reform in Florida: Statute Allowing Defendants in Medical Malpractice Suits to Hold Ex Parte Interviews with the Aggrieved Patient’s Care Providers Declared Unconstitutional Another Blow to Tort Reform in Florida: Statute Allowing Defendants in Medical Malpractice Suits to Hold Ex Parte Interviews with the Aggrieved Patient’s Care Providers Declared Unconstitutional
By Alex Stein STEIN on Medical Malpractice has recently published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, Weaver v. Myers, 229 So.3d 1118 (Fla. 2017), that voided Florida statute allowing defendants in medical malpractice suits to hold ex parte interviews with the aggrieved patient’s care providers….
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Read more: Florida Caps on Noneconomic Damages Held Unconstitutional Florida Caps on Noneconomic Damages Held Unconstitutional
By Alex Stein STEIN on Medical Malpractice has published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, North Broward Hospital District v. Kalitan, 219 So.3d 49 (Fla. 2017), that voided Florida’s cap on medical malpractice victims’ noneconomic damages, Fla. Stat. Ann. §§ 766.118(2), 766.118(3). Section 766.118(2) provides that in…
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Read more: “That I Don’t Know”: The Uncertain Futures of Our Bodies in America “That I Don’t Know”: The Uncertain Futures of Our Bodies in America
By Wendy S. Salkin I. Our Bodies, Our Body Politic On March 30, at a town hall meeting in Green Bay, Wisconsin, an audience member asked then-presidential-hopeful Donald J. Trump: “[W]hat is your stance on women’s rights and their right to choose in their own reproductive health?” What followed was a lengthy back-and-forth with Chris Matthews….
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Read more: CMS Prohibits Arbitration Clauses in Long-Term Care Facility Contracts CMS Prohibits Arbitration Clauses in Long-Term Care Facility Contracts
By Wendy S. Salkin On Wednesday, the Centers for Medicare and Medicaid (CMS)—an agency within the Department of Health and Human Services (HHS)—released a final rule that “will revise the requirements that Long-Term Care facilities [LTCs] must meet to participate in the Medicare and Medicaid programs” (1). (Almost all LTCs receive funds from Medicare or Medicaid.) This is…
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Read more: Tort Reform in Oregon: Constitutional, After All? Tort Reform in Oregon: Constitutional, After All?
By Alex Stein Three years ago, Oregon’s Supreme Court voided the state’s $500,000 cap on noneconomic damages for medical malpractice for violating the constitutional guarantee that “In all civil cases the right of Trial by Jury shall remain inviolate” (Or. Const., Art. I, § 17, as interpreted in Lakin v. Senco Products, Inc., 987 P.2d 463,…
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Read more: Medical Malpractice: The New Wave of Constitutional Attacks on Damage Caps Medical Malpractice: The New Wave of Constitutional Attacks on Damage Caps
By Alex Stein About forty-five years ago, tort reforms took off and states have started capping compensation awards for victims of medical malpractice. The plaintiffs bar countered this initiative by raising different constitutional challenges against caps. Those challenges alluded to equal protection, due process, separation of powers, and the general right to a jury trial. Some…
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Read more: Nevada’s $350,000 Cap on Noneconomic Damages Held Constitutional and Applicable Per Incident Nevada’s $350,000 Cap on Noneconomic Damages Held Constitutional and Applicable Per Incident
By Alex Stein Bad news for Nevada’s victims of medical malpractice. This state’s Supreme Court upheld the constitutionality of the $350,000 cap on noneconomic damages as limiting recovery for all kinds of victims and injuries. Tam v. Eighth Jud. Dist. Ct., — P.3d —- , 2015 WL 5771245 (Nev. 2015). Moreover, the Court held that the cap…