health care

AI Smartwatch Detection of Heart Disease: FDA Regulation and Product Liability Challenges

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Summary Researchers published breakthrough findings showing AI can identify structural heart disease through smartwatch sensors, transforming consumer devices into potential medical diagnostic tools. This advancement raises critical legal questions about FDA oversight, product liability when algorithms err, manufacturer responsibility, and equitable healthcare access as wearable technology crosses from fitness tracking into clinical diagnosis requiring updated … Read more

New Jersey’s Skip the Stuff Law

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SUMMARY Governor Murphy signed New Jersey’s Skip the Stuff law requiring restaurants, food trucks, hospitals, schools and arenas to provide single-use utensils and condiments only upon customer request starting August 1, 2026. Studies show a 94% reduction in disposable items, saving restaurants money. Full-service restaurants with 10+ seats must provide reusable utensils for dine-in, making … Read more

Should Kids Use AI?

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SUMMARY The debate over children using AI mirrors earlier concerns about tablets and smartphones. While AI offers personalized learning benefits, risks include impaired critical thinking, shortened attention spans, privacy violations and device dependency. A decade of tablet use showed that educational promises largely failed while mental health concerns mounted. Though supervised AI use is recommended, … Read more

Hospital Drug Tests: Criminalizing New Mothers

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Shoshana Walter of The Marshall Project has uncovered a deeply troubling trend in hospitals across the United States, women are being reported to child welfare authorities after drug tests detect substances that were actually prescribed during medical procedures. Her investigative piece reveals how hospitals are systematically misinterpreting drug test results, leading to traumatic consequences for … Read more

ChatGPT Outdiagnoses Physicians

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The New York Times reports that a groundbreaking study published in JAMA Network Open has revealed that artificial intelligence, specifically ChatGPT-4, demonstrated superior diagnostic capabilities than human physicians. This development raises important questions about medical liability, standard of care and the future integration of AI in healthcare settings. The research, led by Dr. Adam Rodman … Read more

Will AI Make Us Lazy?

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As artificial intelligence continues to permeate various aspects of our daily lives, one can only wonder: Will AI make us lazy? This blog post explores the potential for AI to influence human behavior, particularly in terms of reducing motivation and effort, and examines the legal implications that may arise from this phenomenon. Task Automation and … Read more

FTC Acts Against Pharmacy Benefit Managers

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In a significant development for the U.S. healthcare industry, the Federal Trade Commission has taken decisive action against the three largest Pharmacy Benefit Managers (PBMs), Caremark Rx, Express Scripts and OptumRx, for alleged anticompetitive practices that have artificially inflated insulin prices. This move comes on the heels of a comprehensive July 2024 Interim Staff Report … Read more

Faulty Drug Tests Lead to Child Custody Losses

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A recent investigation by Shoshana Walter for The Marshall Project and Reveal has uncovered a disturbing trend in U.S. hospitals: mothers losing custody of their newborns due to unreliable drug tests. The full article paints a troubling picture of a widespread practice with far-reaching consequences. Hospitals across the country routinely employ quick, inexpensive urine drug … Read more

AI and Pharma

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Artificial Intelligence is poised to transform the pharmaceutical industry in profound ways. From the earliest stages of drug discovery to post-market surveillance, AI offers powerful tools and capabilities that can streamline processes, uncover novel insights and ultimately accelerate the development of safer and more effective medications. One of the most promising applications of AI in … Read more

COVID Provoked COBRA Changes

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The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) gives workers who lose their health benefits and their families the right to choose to continue group health benefits for limited periods of time under certain circumstances such as job loss, reduction in the hours worked, transition between jobs, death and divorce. Qualified individuals may be required to … Read more

No Surprises: Healthcare Costs

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As provided in the federal No Surprises Act (the “Act”), effective January 1, 2022, patients who have certain unanticipated medical expenses will be protected from egregious medical bills. The most common covered scenarios are (a) emergency care provided at an out-of-network facility, (b) emergency care provided at an in-network facility by out-of-network and (c) out-of-network … Read more