W. Nicholson Price (University of Michigan Law School) has posted Artificial Intelligence in Health Care: Applications and Legal Issues (14 SciTech Lawyer 10 (2017)) on SSRN. Here is the abstract:
Artificial intelligence (AI) is rapidly moving to change the healthcare system. Driven by the juxtaposition of big data and powerful machine learning techniques, innovators have begun to develop tools to improve the process of clinical care, to advance medical research, and to improve efficiency....
In what is said to be a first for a U.S. law firm, a Pennsylvania law firm will sell artificial intelligence software directly to its clients in the health care industry to enable them to better review, analyze and negotiate contracts.
The Pittsburgh-based law firm Horty Springer is partnering with the AI software company LegalSifter to offer the product directly to hospitals and health systems. Initially it will allow clients to review business associate agreements required by HIPAA privacy...
The introduction and withdrawal of Vioxx, which was commonly prescribed for conditions like arthritis, created a natural laboratory for economists Meghan Skira of the Terry College and Aline Bütikofer of the Norwegian School of Economics to study its effects on the labor supply of individuals with joint pain. They used administrative data from Norway on sickness absence and disability pension receipt for the analysis.
“We found that when Vioxx entered the market, it decreased quarterly sickness...
On September 1st, a new law aimed at expanding a patient’s ability to mediate surprise health insurance bills will go into effect across Texas. Senate Bill 507, titled “Relating to mediation of the settlement of certain out-of-network health benefit claims involving balance billing,” allows patients to mediate balance bills in excess of $500 for emergency medical services that are considered out-of-network or are otherwise not paid for by insurance. The measure was sponsored by Senator Kelly...
Today, the Supreme Court of California in Winn v. Pioneer Medical Group, held that “the Act does not apply unless the defendant health care provider had a substantial caretaking or custodial relationship, involving ongoing responsibility for one or more basic needs, with the elder patient. It is the nature of the elder or dependent adult’s relationship with the defendant –– not the defendant’s professional standing –– that makes the defendant potentially liable for neglect. Because...
E. H. Morreim, J.D., Ph.D., has published a timely article entitled, “Conflict Resolution in the Clinical Setting: A Story Beyond Bioethics Mediation,” Journal of Law, Medicine and Ethics, Vol. 43, No. 4, 2015. In her journal article, the Professor of Internal Medicine at the University of Tennessee Health Science Center examines mediation and other conflict resolution techniques in the context of a clinical healthcare setting.
Here is the abstract:
Rarely do ethics consults focus on genuine...
Arbitration is under attack. Whether we are talking about the evolution of employment and consumer arbitration, imposed on the unknowing and unwilling through pre-dispute contracts of adhesion, or “business to business” arbitration a/k/a “The New Litigation”, controversy abounds. For years our dysfunctional and overcrowded civil justice system seemed like no place to be for employers, banks, insurance companies and product manufacturers, and so arbitration rose in popularity as a solution....
The prospect of moving medical malpractice litigation away from Texas state district courts and into arbitration is a frightening prospect for some plaintiff and defense lawyers alike.
Plaintiff lawyers fear the unseemly prospect of health care providers requiring patients to give up the right to a trial by jury before receiving treatment. And defense attorneys worry doctors could give up far too much in the way of their appellate rights if an arbitrator misapplies the state tort reform laws designed...
The United States Court of Appeals for the Fifth Circuit has reversed portions of a district court’s order compelling arbitration in a contract dispute. In Sharpe v. AmeriPlan Corp., No. 13-10922, (5th Cir., October 16, 2014), four independent business owners (“IBOs”) sold health plans and recruited other IBOs through a network for AmeriPlan Corporation. Under the company’s sales plan, the IBOs became sales directors who were entitled to collect residual income for life based on the sales...