The Right Tool for the Job: Supporting Vaccination Rates with Universal Paid Sick Leave
With COVID-19 vaccination rates lagging, it’s well past time for city, state, and federal governments to enact paid sick leave.
Texas
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Read more: Affirming Nondiscrimination Rights: HHS Needs to Acknowledge a Private Right of Action for Section 1557 Violations Affirming Nondiscrimination Rights: HHS Needs to Acknowledge a Private Right of Action for Section 1557 Violations
HHS should formally acknowledge that individuals have a legal right to enforce Section 1557 when they experience prohibited health care discrimination.
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Read more: Brittney Poolaw and the Long Tradition of State-Sponsored Control of Women and Their Fertility Brittney Poolaw and the Long Tradition of State-Sponsored Control of Women and Their Fertility
Poolaw’s conviction stands as a modern recapitulation of the historical violations that women have endured regarding their fertility.
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Read more: Health Justice Meets Reproductive Justice Health Justice Meets Reproductive Justice
When people cannot obtain abortion care, they incur social, financial, and physical costs that are difficult to bear.
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Read more: Beyond Abortion: The Far-Reaching Implications of SB 8’s Enforcement Mechanism Beyond Abortion: The Far-Reaching Implications of SB 8’s Enforcement Mechanism
The novel enforcement mechanism behind SB 8 may soon appear in a wide range of legislation, making it more difficult to challenge unconstitutional laws.
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Read more: Patient Fall: Medical Malpractice or General Tort? Patient Fall: Medical Malpractice or General Tort?
By Alex Stein Courts coalesce around the view that patient fall injuries are actionable only as medical malpractice except when the care provider acts with intent or malice. This approach gives providers of medical care all the protections that benefit defendants in medical malpractice cases (compulsory suit-screening panel procedure, merit certificate / affidavit as a prerequisite…
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Read more: Zika Messes with Texas Zika Messes with Texas
By Gregory M. Lipper For an ambitious, aggressive disease like Zika, Texas is an ideal home. Earlier this week we learned that Zika—a nasty virus that has spread to over 25 countries—was transmitted by sex to a resident of Dallas. Six more cases of Zika have also been confirmed in Harris County, Texas. The appearance…
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Read more: Products Liability or Medical Malpractice? The Definition of a “Healthcare Provider” Products Liability or Medical Malpractice? The Definition of a “Healthcare Provider”
By Alex Stein Every defendant in a suit for medically inflicted injuries wants to be a “healthcare provider.” This status entitles the defendant to categorize the suit as “medical malpractice” and become eligible to special litigation advantages, which include shortened limitations and repose periods, dismissal of suits not verified by experts, and statutory caps on damages….
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Read more: Texas, Self-Induced Abortion, and an Ode to Justice Powell Texas, Self-Induced Abortion, and an Ode to Justice Powell
By Gregory M. Lipper With the Supreme Court ready to review the constitutionality of restrictions on abortion providers in Texas, new research from the Texas Policy Evaluation Project suggests that between 100,000–240,000 Texas women ages 18 to 49 have attempted to terminate a pregnancy on their own (that is, without help from a licensed medical professional)….
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Read more: “Medical Malpractice” vs. General Negligence: The Case of Falling Accidents “Medical Malpractice” vs. General Negligence: The Case of Falling Accidents
By Alex Stein As I wrote previously – see here, here, here, here, here, here, here, here, and here – whether a tort action sounds in “medical malpractice” as opposed to general negligence, or vice versa, can be crucial. Suits sounding in “medical malpractice” must satisfy special requirements that include shortened limitations periods, statutes of repose,…