The paperwork standard of care: medical malpractice liability for violating advance directives
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The paperwork standard of care: medical malpractice liability for violating advance directives

ByAnne Zimmerman

Hospital and physician liability for saving the life of someone who wished not to be saved is an area of evolving law. While years ago, such cases were routinely dismissed, recent caselaw recognizes the cause of action under medical malpractice. Increasing public awareness of the importance of advance directives and movements like medical aid in…

New York’s Mandate and the Absence of a Religious Exemption

New York’s Mandate and the Absence of a Religious Exemption

ByAnne Zimmerman

On December 13, 2021, the US Supreme Court denied injunctive relief in Dr. A v. Hochul. This post is meant to summarize the dissent, follow up on an earlier post, and track the arguments. (The Court also held oral arguments in two federal mandate cases on January 7, one of which applies to healthcare workers,…

Free Exercise and Vaccine Mandates: The Least Restrictive Means
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Free Exercise and Vaccine Mandates: The Least Restrictive Means

ByAnne Zimmerman

Vaccine mandates without religious exemptions (or as enforceable against those claiming free exercise) are in uncertain legal terrain. Nineteen states mandate vaccines for healthcare workers, but vary as to religious exemptions. The medical value of mandates with and without exemptions depends on the number of people who successfully claim exemptions or stall in becoming vaccinated…

COVID-19 Vaccine Hesitancy: The “Misunderstanding Science” Issue Is Just a Symptom
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COVID-19 Vaccine Hesitancy: The “Misunderstanding Science” Issue Is Just a Symptom

ByAnne Zimmerman

COVID-19 vaccine hesitancy requires a trust-based solution. A response to societal problems should be steeped in social solutions. Science does the most good if it coexists with public trust. A focus on misunderstanding science as a primary reason for refusal to get a COVID-19 vaccine distracts from failing to believe scientists and the other reasons…

Compromise: The Purpose of and Limitations on Religious Exemptions
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Compromise: The Purpose of and Limitations on Religious Exemptions

ByAnne Zimmerman

Vaccine mandates, arguably the most preventive and protective measure to address COVID-19 and to prevent death, require a more organized ethical analysis, streamlined to include the considerations appropriate for government, employers, or other stakeholders, yet broad enough to incorporate largescale considerations like the potential political cost. This post examines the role of religious exemptions viewed…

Virtue Signaling in the Medical Arena: An Impediment to COVID-19 Vaccination
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Virtue Signaling in the Medical Arena: An Impediment to COVID-19 Vaccination

ByAnne Zimmerman

Virtue signaling is disingenuous behavior; sometimes it is doing the right thing for the wrong reason. Virtue signaling’s chilling and polarizing effects are far broader than a few politically correct topics demonstrate. When people take a position vocally in public for the purpose of expressing their moral rightness, moral superiority, or virtue, they close the…