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Browsing by Author "Wiley, Lindsay F."
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Item Feminist Perspectives in Health Law(2019) Wiley, Lindsay F.; Mohapatra, SeemaItem Health Justice Strategies to Combat the Pandemic: Eliminating Discrimination, Poverty, and Health Disparities During and After COVID-19(2020) Mohapatra, Seema; Benfer, Emily A.; Wiley, Lindsay F.; Yearby, RuqaiijahExperience with past epidemics made it predictable that people living in poverty, people of color, and other marginalized groups would bear the brunt of the coronavirus pandemic due to the social determinants of health (SDOH). The SDOH are subdivided into structural and intermediary determinants. Structural determinants include forms of subordination (discrimination and poverty) that influence intermediary determinants (health care, housing, and employment). The COVID-19 pandemic has magnified and accelerated the harms caused by these determinants, limiting health equity among historically marginalized groups and low-income populations. Black, Latino, and Indigenous populations have higher COVID-19 infection and mortality rates, higher rates of unemployment, less access to health care, and greater risk of eviction during the pandemic, among other significant inequities. Without robust and swift government interventions, the impacts of the pandemic will be wide and deep. This Article analyzes mechanisms of these determinants in the pandemic setting and provides solutions using the health justice framework. The health justice framework offers three principles: structural, supportive, and empowering. First, legal and policy responses must address the structural determinants of health. Second, interventions mandating healthy behaviors must be accompanied by material support and legal protections to enable compliance while minimizing harms. Third, historically marginalized communities must be engaged and empowered as leaders in the development and implementation of interventions and the attainment of health justice. To demonstrate the application of these principles, this Article focuses on two structural determinants of health (discrimination and poverty) and three intermediary determinants (health care, housing, and employment).Item Liability for Mobile Health and Wearable Technologies(2016) Terry, Nicolas P.; Wiley, Lindsay F.; Robert H. McKinney School of LawMost of the legal commentary regarding mobile health has focused on direct regulation leveraging existing laws and regulators such as HIPAA privacy through HHS-OCR or device regulation by the FDA. However, much of the mobile health revolution likely will play out in lightly regulated spaces bereft of most of the privacy, security, and safety rules associated with traditional health care. This article examines the potential for common law liability models to bridge these gaps (even on a temporary basis). Part II of this paper provides an introduction to the terminology used, and presents a brief typology of the apps appearing in the health care space. Part III discusses the potential liability of physicians and other health care professionals. Part IV discusses the potential liability of institutional health care providers such as hospitals (that, in many cases is dependent upon the finding of fault in an individual professional). Part V discusses the applicability of product liability to mobile health developers and vendors. Part VI explains some of the issues that may arise when patients or consumers seek damages following privacy or security breaches. The survey concludes by noting that regulation by litigation may be a significant force in the app and wearable space during a period of light regulation by traditional regulators. This is a conclusion that is unlikely to cheer either health care providers or app developers; given that the indeterminacy associated with common law litigation is only exacerbated when applied to novel or emerging technologies.