{"title":"The Safe Harbor of 35 U.S.C. § 271(e)(1): The Costly Confusion About the Scope of \"Patented Invention\"","authors":"Abraham Phillips","doi":"10.18060/27183","DOIUrl":"https://doi.org/10.18060/27183","url":null,"abstract":"","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46110891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pain, also called the “fifth vital sign” is an important topic in healthcare settings. It requires urgent attention and treatment to minimize agony and discomfort. Unfortunately, multiple clinical studies conducted over the last few decades have repeatedly shown disparately inferior pain management in Black patients in medical settings when compared to White patients with similar pain levels. This Article utilizes Critical Race Theory to examine the understudied issue of under-treatment of pain in Black patients. It discusses the story of a real patient, Jacqui, who was under the medical care of the author. It examines her unfortunate experiences with poor pain management throughout different stages of her life, including a blood disorder as a child with, a traumatic arm fracture as a teen, during childbirth, and finally, later in life with advanced cancer. Three points are addressed in this Article: first, a discussion of Jacqui’sexperiences, and an analysis of those experiences through the available clinical data. This Article reveals the extent to which Black patient’s pain is undertreated, and how it led Black patients to mistrust our healthcare system. Second, the Article explores malpractice based legal analyses to these issues based on federal and state legislation. Third, various proposals to correct various systemicdiscrepancies in medical-education and clinical settings to minimize such racial biases in pain management are discussed. It concludes by talking about the final part of Jacqui’s clinical journey.
{"title":"Under-treatment of Pain in Black Patients: A Historical Overview, Case-based Analysis, and Legalities as Explored Through the Tenets of Critical Race Theory","authors":"M. H. Habib","doi":"10.18060/27180","DOIUrl":"https://doi.org/10.18060/27180","url":null,"abstract":"Pain, also called the “fifth vital sign” is an important topic in healthcare settings. It requires urgent attention and treatment to minimize agony and discomfort. Unfortunately, multiple clinical studies conducted over the last few decades have repeatedly shown disparately inferior pain management in Black patients in medical settings when compared to White patients with similar pain levels. This Article utilizes Critical Race Theory to examine the understudied issue of under-treatment of pain in Black patients. It discusses the story of a real patient, Jacqui, who was under the medical care of the author. It examines her unfortunate experiences with poor pain management throughout different stages of her life, including a blood disorder as a child with, a traumatic arm fracture as a teen, during childbirth, and finally, later in life with advanced cancer. Three points are addressed in this Article: first, a discussion of Jacqui’sexperiences, and an analysis of those experiences through the available clinical data. This Article reveals the extent to which Black patient’s pain is undertreated, and how it led Black patients to mistrust our healthcare system. Second, the Article explores malpractice based legal analyses to these issues based on federal and state legislation. Third, various proposals to correct various systemicdiscrepancies in medical-education and clinical settings to minimize such racial biases in pain management are discussed. It concludes by talking about the final part of Jacqui’s clinical journey.","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43007977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"America's Favorite Stimulant: An Argument for FDA Regulatory Control Over Caffeinated Products Labeled as Dietary Supplements Under the FDCA","authors":"Jacob O'Donnell","doi":"10.18060/27182","DOIUrl":"https://doi.org/10.18060/27182","url":null,"abstract":"","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43200520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Defending Disabilities: How Indiana Should Approach Adjudication and Punishment of Individuals with Intellectual Disabilities in Sexual Crimes","authors":"Evan Golightly","doi":"10.18060/27181","DOIUrl":"https://doi.org/10.18060/27181","url":null,"abstract":"","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46047167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Splintered Mind and Path to a Healed Society: The State of Indiana Should Mandate Cognitive Behavioral Therapy for Domestic Violence Batterers","authors":"Nermy J. Winner","doi":"10.18060/27184","DOIUrl":"https://doi.org/10.18060/27184","url":null,"abstract":"","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45928295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Health & Justice: How Misconduct Commissions Revived COVID Protocols Through Judicial Discipline","authors":"Marcus Alan McGhee","doi":"10.18060/26410","DOIUrl":"https://doi.org/10.18060/26410","url":null,"abstract":"","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48599720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
While waiting in line at your favorite local coffee shop, you hear a barista yell out “I have a medium iced, sugar-free vanilla latte with soy milk for Megan!” Shortly after, you overhear the man in front of you order a “large hot chocolate with coconut milk, hold the whipped cream.” All the while, you are scanning the menu on the wall, debating whether you want almond or oat “milk” in the caramel macchiato you are about to order. Despite the differences between these drinks, they all have one thing in common – none of them are milk. The market of non-dairy alternatives in the grocery store or at the local coffee shop seems to be growing by the day. Beyond the traditional nonfat and whole milk options that have been around for decades, beverages made out of soy, almonds, rice, cashews, coconut, oats, hemp, hazelnuts, macadamia nuts, flax, peanuts, tiger nuts, walnuts, spelt, quinoa, and even peas, line the shelves of supermarkets across the world. If a shopper does not know what they are looking for, it is easy to see how confusing the milk market has become. To add to the issue, these non-dairy alternatives are more often than not found in the same type of carton or bottle as traditional cow’s milk and are sometimes even on the same shelves. If a buyer is uninformed about what a product touting the label “almond milk” really means, he may not realize the vast differences that exist between what he is about to buy and what he is probably expecting. These differences include taste, smell, color, overall flavor, consistency, functional properties, and even shelf life. The most impactful, and potentially detrimental, difference is the
{"title":"Dairy Beloved: Why Indiana Should Stop Labeling Plant-Based Beverages as \"Milk\"","authors":"Brooke M. Behrens","doi":"10.18060/26411","DOIUrl":"https://doi.org/10.18060/26411","url":null,"abstract":"While waiting in line at your favorite local coffee shop, you hear a barista yell out “I have a medium iced, sugar-free vanilla latte with soy milk for Megan!” Shortly after, you overhear the man in front of you order a “large hot chocolate with coconut milk, hold the whipped cream.” All the while, you are scanning the menu on the wall, debating whether you want almond or oat “milk” in the caramel macchiato you are about to order. Despite the differences between these drinks, they all have one thing in common – none of them are milk. The market of non-dairy alternatives in the grocery store or at the local coffee shop seems to be growing by the day. Beyond the traditional nonfat and whole milk options that have been around for decades, beverages made out of soy, almonds, rice, cashews, coconut, oats, hemp, hazelnuts, macadamia nuts, flax, peanuts, tiger nuts, walnuts, spelt, quinoa, and even peas, line the shelves of supermarkets across the world. If a shopper does not know what they are looking for, it is easy to see how confusing the milk market has become. To add to the issue, these non-dairy alternatives are more often than not found in the same type of carton or bottle as traditional cow’s milk and are sometimes even on the same shelves. If a buyer is uninformed about what a product touting the label “almond milk” really means, he may not realize the vast differences that exist between what he is about to buy and what he is probably expecting. These differences include taste, smell, color, overall flavor, consistency, functional properties, and even shelf life. The most impactful, and potentially detrimental, difference is the","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45713360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
At a time when the cost of long-term nursing home care is exceptionally high, most older middle-class Americans are struggling to foot the bill for the care they require. For wealthy Americans, on the other hand, this is a time of opportunity. Medicaid is a public assistance program initially intended to be a safety net for the truly needy, i.e., the individuals with low income and the medically needy. However, Medicaid has become the primary payer for long-term care in the United States despite its intended role as a “safety net.” Due to medical technology advancements and increases in life expectancy, long-term care has become so expensive that only a few can afford it. Those facing a lengthy nursing home stay have two choices: deplete their lifetime savings until they are poor enough to qualify for Medicaid or engage in Medicaid planning to protect their assets. Wealthy couples quite easily can, and do, choose the latter. As with everything in life, those with greater means have greater options. So, while the government takes measures to restrict Medicaid for the needy, members of the upper class have uncovered a slew of alternative legal strategies to qualify them for Medicaid benefits, nonetheless. During her 2011 congressional testimony, one 36-year career Medicaid eligibility supervisor provided a witness account of wealthy individuals repositioning significant resources to qualify for Medicaid:
{"title":"Medicaid: A Safety Net for the \"Wealthy\"","authors":"R. East","doi":"10.18060/26413","DOIUrl":"https://doi.org/10.18060/26413","url":null,"abstract":"At a time when the cost of long-term nursing home care is exceptionally high, most older middle-class Americans are struggling to foot the bill for the care they require. For wealthy Americans, on the other hand, this is a time of opportunity. Medicaid is a public assistance program initially intended to be a safety net for the truly needy, i.e., the individuals with low income and the medically needy. However, Medicaid has become the primary payer for long-term care in the United States despite its intended role as a “safety net.” Due to medical technology advancements and increases in life expectancy, long-term care has become so expensive that only a few can afford it. Those facing a lengthy nursing home stay have two choices: deplete their lifetime savings until they are poor enough to qualify for Medicaid or engage in Medicaid planning to protect their assets. Wealthy couples quite easily can, and do, choose the latter. As with everything in life, those with greater means have greater options. So, while the government takes measures to restrict Medicaid for the needy, members of the upper class have uncovered a slew of alternative legal strategies to qualify them for Medicaid benefits, nonetheless. During her 2011 congressional testimony, one 36-year career Medicaid eligibility supervisor provided a witness account of wealthy individuals repositioning significant resources to qualify for Medicaid:","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42272430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Doctors, organizations, and citizens have expressed the importance of mental health, equating its significance to physical health. Despite the numerous conversations about mental health, treatment continues to fall short. This is especially the case for people of color. People of color are at a significant disadvantage in terms of access to quality mental health treatment. Living in poverty, lacking access to health insurance coverage, and discrimination by providers are just a few examples of how people of color struggle to receive quality mental health treatment. The coronavirus pandemic has exacerbated people of color’s limited access to mental health care. While some providers have offered telemedicine as an alternative to in-person mental health treatment, this is not an accessible option for everyone. Those living in low-income households may lack the required technology to access telemedicine, or the providers within a person’s community
{"title":"Racial Disparities in Mental Health Treatment: How Indiana Misses the Mark in Providing Accessible and Quality Treatment Amidst the Coronavavirus Pandemic","authors":"Allyson Crane","doi":"10.18060/26412","DOIUrl":"https://doi.org/10.18060/26412","url":null,"abstract":"Doctors, organizations, and citizens have expressed the importance of mental health, equating its significance to physical health. Despite the numerous conversations about mental health, treatment continues to fall short. This is especially the case for people of color. People of color are at a significant disadvantage in terms of access to quality mental health treatment. Living in poverty, lacking access to health insurance coverage, and discrimination by providers are just a few examples of how people of color struggle to receive quality mental health treatment. The coronavirus pandemic has exacerbated people of color’s limited access to mental health care. While some providers have offered telemedicine as an alternative to in-person mental health treatment, this is not an accessible option for everyone. Those living in low-income households may lack the required technology to access telemedicine, or the providers within a person’s community","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43875605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Walking into Fayette County’s courthouse in eastern Indiana, one would expect to find the normal sights and sounds of a courthouse—attorneys preparing for trial, clerks assisting individuals, and judges in their chambers. However, the Fayette County courthouse offers something found in only nine of Indiana’s ninety-two counties: a syringe exchange program (“SEP”). Located in the courthouse’s basement, this program offers vital services to people fighting substance use disorder, such as clean needles, needle disposal, HIV and hepatitis C testing, naloxone to prevent overdose death, fentanyl test strips, immunizations and medical care, and referrals to drug treatment centers. Programs such as Fayette County’s SEP only became legal in Indiana in 2018, following the passage of Indiana House Bill 1438, which allows a county to create a SEP. Even with a legal path to the creation of SEPs, only nine counties in Indiana now operate such a program. Although considerable progress has been made in Indiana to reduce the harm of substance use disorder, there are still counties unwilling to provide individuals with these life-changing and lifesaving services.
{"title":"The Intersection of Harm Reduction and Zoning Law: A Growing Divide Between NIMBYs and Public Health Initiatives","authors":"Gavin Hunter","doi":"10.18060/26414","DOIUrl":"https://doi.org/10.18060/26414","url":null,"abstract":"Walking into Fayette County’s courthouse in eastern Indiana, one would expect to find the normal sights and sounds of a courthouse—attorneys preparing for trial, clerks assisting individuals, and judges in their chambers. However, the Fayette County courthouse offers something found in only nine of Indiana’s ninety-two counties: a syringe exchange program (“SEP”). Located in the courthouse’s basement, this program offers vital services to people fighting substance use disorder, such as clean needles, needle disposal, HIV and hepatitis C testing, naloxone to prevent overdose death, fentanyl test strips, immunizations and medical care, and referrals to drug treatment centers. Programs such as Fayette County’s SEP only became legal in Indiana in 2018, following the passage of Indiana House Bill 1438, which allows a county to create a SEP. Even with a legal path to the creation of SEPs, only nine counties in Indiana now operate such a program. Although considerable progress has been made in Indiana to reduce the harm of substance use disorder, there are still counties unwilling to provide individuals with these life-changing and lifesaving services.","PeriodicalId":87436,"journal":{"name":"Indiana health law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44121622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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