Racial Disparities Persist in Human Subjects Research
Human subjects research has long been plagued by racial inequality. While flagrant abuses have been curtailed, disparities have, unfortunately, persisted.
Emergency Care
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Read more: Ending Surprise Emergency Bills Ending Surprise Emergency Bills
Let’s hope that Congress will act this session to protect patients and fix this broken market.
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Read more: Medical Malpractice or General Negligence? A Redux Medical Malpractice or General Negligence? A Redux
By Alex Stein Whether a tort action sounds in “medical malpractice,” as opposed to “general negligence,” or vice versa, is often critical. Medical malpractice actions must satisfy special requirements that include shortened limitations periods, statutes of repose, expert affidavits, and merit certificates. Suits sounding in ordinary negligence need not satisfy those requirements. Filing and prosecuting those…
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Read more: The “Emergency Room” Doctrine (a.k.a. Doctors’ Virtual Immunity Against Suit) The “Emergency Room” Doctrine (a.k.a. Doctors’ Virtual Immunity Against Suit)
By Alex Stein Under Georgia statute (that exists in other states as well), allegations of medical malpractice “arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department” must show “gross…
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Read more: Medical Malpractice Law as a Triumph of Procedure Over Substance Medical Malpractice Law as a Triumph of Procedure Over Substance
By Alex Stein When Sir Henry Maine wrote (here, on page 389) that early substantive law was “secreted in the interstices of procedure,” he did not know that he was coining a long-lasting adage. Even less did he anticipate that this adage will aptly describe our today’s system of medical malpractice. This system normally requires plaintiffs…
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Read more: Governmental immunity for EMTs Governmental immunity for EMTs
By Alex Stein According to the recent New York Court of Appeals’ decision—Applewhite v. Accuhealth, Inc., 2013 WL 3185185 (N.Y. 2013)—governmental immunity is a starting point for any inquiry into EMTs’ liability for malpractice. The Court based this immunity on the famous “duty to all is duty to none” principle: in providing a vital emergency…