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Using the Taxing Power for Public Health

By Scott Burris In a Perspective in this week’s New England Journal of Medicine, Michelle Mello and Glenn Cohen, both professors at Harvard, write about the prospects for using the constitutional...

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Oregon’s Unfulfilled Tort Reform

By Alex Stein Oregon has a statute capping noneconomic damages recoverable in medical malpractice suits at $500,000. The Oregon Supreme Court decided that this cap is unconstitutional insofar as it...

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Georgia’s Medical-Malpractice Reform Bill

By Alex Stein Georgia’s Senate is considering a far-reaching medical malpractice reform: see here. If implemented, this reform would substitute the conventional malpractice regime by a no-fault...

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Unconstitutional Time Bars in Washington

By Alex Stein Schroeder v. Weighall — P.3d —-, 2014 WL 172665 (Wash. 2014), is the second Washington Supreme Court’s decision that voids the Legislature’s time bar for medical malpractice suits.  The...

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Medical Malpractice Decision of the Year: Florida Supreme Court voids the $1M...

By Alex Stein We are just in mid-March, but yesterday’s decision of the Florida Supreme Court, McCall v. United States, — So.3d —-, 2014 WL 959180 (Fla. 2014), is – and will likely remain – the most...

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The Constitutionality of Damage Caps in Pennsylvania

By Alex Stein In its recent decision, Zauflik v. Pennsbury School Dist., — A.3d —- (Pa. 2014), the Supreme Court of Pennsylvania upheld the constitutionality of the statutory $500,000 cap on tort...

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A Right to Die? The M.D. Case Before the Argentine Supreme Court

by Martín Hevia In 2015, the Argentine Supreme Court is to hear a case involving the right to die, death with dignity, and informed consent. Because of a car accident in the Province of Neuquén, M.D.,...

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Fetal Personhood and the Constitution

By John A. Robertson The Rubio-Huckabee claim that actual and legal personhood start at conception has drawn trenchant responses from Art Caplan on the medical uncertainty of such a claim and David...

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Nevada’s $350,000 Cap on Noneconomic Damages Held Constitutional and...

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...

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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...

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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...

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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...

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“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...

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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....

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Another Blow to Tort Reform in Florida: Statute Allowing Defendants in...

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...

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The Harms of Abortion Restrictions During the COVID-19 Pandemic

By Beatrice Brown Several states, including Texas, Ohio, and Alabama, have dangerously and incorrectly deemed abortions a non-essential or elective procedure during the COVID-19 pandemic. The stated...

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Framing the Digital Symposium – Global Responses to COVID-19: Rights,...

By Alicia Ely Yamin, Senior Fellow This digital symposium presents a pointillistic portrait of the spectrum of rights-related measures adopted in response to COVID-19 in dozens of countries around the...

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The Constitutionality of Technology-Assisted Contact Tracing

Cross-posted from COVID-19 and The Law, where it originally appeared on December 1, 2020.  By Dessie Otachliska The COVID-19 pandemic has posed an impossible set of choices for governments, forcing...

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