Tag: Health Law

The Use of Psychotropic Medication in Michigan Foster Care

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Every year in the United States over 800,000 children spend some amount of time in foster care. Recently, there have been nationwide allegations that certain medications are being used in foster care to manage disruptive behavior rather than to treat genuine disorders. Children are largely defenseless, as they have little say regarding what medication they are given. The problem is further exacerbated by the fact that these medications are poorly understood and poorly tracked.
To protect foster care children from being overmedicated and misdiagnosed, additional legislation is needed that provides more stringent and sweeping oversight, and places an emphasis on coupling medical with psychotherapeutic treatments. Additionally, biological parents, whose parental rights have not been terminated, should have a more active role in treatment decisions. Read More …

Uses of the Class Action Device in Autism Health Benefits Litigation

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In the past twenty years, a striking rise in the diagnosis of autism has helped generate increasing levels of attention to the disorder within legislatures and courts throughout the United States. A significant subset of both the legislative and judicial interaction with autism involves whether, and how, treatment for the disorder should be covered by health insurance providers. This Note analyzes a collection of recent class action lawsuits in which parents of autistic children challenged insurers’ denial of benefits for Applied Behavioral Analysis (ABA) therapy, perhaps the most widely accepted treatment for autism. The Note specifically examines the strategic advantages and drawbacks of choosing to litigate a denial of benefits for autism therapy as a class action rather than as an individual lawsuit. Read More …

Caught in the Crossfire: The Dilemma of Marijuana “Medicalization” for Healthcare Providers

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No plant in American culture is more glorified—nor more vilified—than Cannabis Sativa, known commonly as marijuana. When smoked, or otherwise ingested, marijuana produces psychoactive effects that can include changes in time and space perception, lightheadedness, and euphoria. As such, marijuana is certainly a drug. But is it medicine? This question has fueled debate for decades, and has impacted political ideology, sociology, law enforcement policy, and, not insignificantly, healthcare. This Article explores marijuana’s long, often arduous, path from panacea to pariah, and more recent attempts to resurrect and redefine its reputation. In the process, it examines how healthcare providers have been drafted into the battle and, often unwillingly, have been marched to the front lines. Read More …

Health Law

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“Timing is everything” is true in many things in life, not the least of which (as lest in Michigan) is compliance with the timing requirements related to medical malpractice litigation. In Bush v. Shabahang, the Michigan Supreme Court considered (1) whether a defective notice of intent tolled the running of the statute of limitations; (2) whether dismissal was an appropriate action if the notice of intent (NOI) was defective; and (3) whether, and under what circumstances, a plaintiff can file a complaint during the authorized 154-day waiting period when defendants fail to respond, rather than waiting for the running of the entire 182-day NOI period. The court held that, following amendments to the statute, a defective NOI is sufficient to toll the statute of limitations, so long as a plaintiff makes a “good faith effort” to comply with the notice requirements. Further, the court held that permitting amendments to defective notices, rather than dismissing the case, best served public policy. Finally, the court held that where a defendant fails to make a good faith effort to reply to the NOI, the complaint may be filed in the shorter 154-day period. Read More …

The Practice of Medical Repatriation: The Privatization of Immigration Enforcement and Denial of Human Rights

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In February 2000, Luis Alberto Jiménez was returning home from a day’s work as a landscaper in Florida when the car he was riding in was struck by a drunk driver with a blood alcohol level four times the legal limit. While the drunk driver was a U.S. citizen with a significant criminal history, Luis Jiménez was a 35 year old undocumented gardener that had left his family behind in Guatemala two years ago and immigrated to the United States in pursuit of his dream of working hard, earning significantly more money, and ultimately being able to buy land and cultivate his own garden back home to support his family. As a result of the head-on crash, Mr. Jiménez was catastrophically injured and two of his fellow immigrant landscapers in the car with him died instantly. Mr. Jiménez was rushed to Martin Memorial Medical Center (a not for profit hospital) and was diagnosed as having sustained traumatic brain damage and severe physical injuries, with his prognosis described as “poor.” Mr. Jiménez was treated and remained hospitalized at Martin Memorial for approximately four months. In June 2000, Martin Memorial transferred Mr. Jiménez to a nursing home for ongoing care and rehabilitation. Because the accident left Mr. Jiménez incapacitated, both physically and mentally, a court appointed Mr. Jiménez’s cousin, Montejo Gaspar Montejo, as his legal guardian. Read More …

The Minimally Conscious Person: A Case Study in Dignity and Personhood and the Standard of Review for Withdrawal of Treatment

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The story of George Melendez, broadcast on the CBS news magazine 60 Minutes, caused a national stir for its poignancy and human interest. Melendez was an otherwise normal young man when one night he drove his car into a pond and almost drowned. Though rescued, George laid in his bed for years, cared for by his mother, Pat Flores. George was practically incommunicado for most of his post-accident life, occasionally moaning at night. Read More …