Artificial intelligence (AI), especially its subset machine learning, has tremendous potential to improve health care. However, health AI also raises new regulatory challenges. In this Article, I argue that there is a need for a new regulatory framework for AI-based medical devices in the U.S....

As most Americans know, conflicts of interest riddle the US health care system. They result from physicians practicing medicine as entrepreneurs, from physicians' ties to pharma, and from investor-owned firms and insurers' influence over physicians' medical choices. These conflicts raise...

This article contrasts the prevailing model for assessing and improving medical care - the quality of care paradigm - with an alternative approach - the patient accountability paradigm. The first approach is technocratic: it measures and promotes the quality of medical care through technical and...

This article examines the problems consumers face in managed care organizations and analyzes the emerging legal approaches to consumer protection in state legislation. It reviews the main problems consumers face in other contexts, and the legal and economic tools used to protect them and...

The idea that physicians are or should be fiduciaries for their patients is a dominant metaphor in medical ethics and law. This article examines the metaphor and asks several questions. How far does the law play out this metaphor in the way it treats doctors? What are the limits in this way of...

Since the late 1960s the U.S. has attempted to develop a strategy for controlling the rate of growth of health care spending. During the 1970s this strategy relied heavily on various forms of regulation. Some regulatory programs were partially successful in moderating spending increases, but...

Is medical commerce a recent phenomenon? Does it distort the patient-physician relationship? Are investor-owned firms the main source of medical commercialism? The author contends that medicine has generally been commerce in the United States, that commerce is a problem when it creates or...

I argue that treating patient data as private property precludes forming comprehensive databases required for many of its most important public health and safety uses. Private ownership will also allow data monopolies that will increase the price of data and limit competition in the market for...

The conventional wisdom is that managed care’s brief life is over and we are now in a post-managed care era. In fact, managed care has a long history and continues to thrive. Writers also often assume that managed care is a fixed thing. They overlook that managed care has evolved and neglect...

Massachusetts has the fourth-highest median malpractice settlement payments for all states. The American Medical Association (AMA) declares it a crisis state. As a test case, we analyzed its premiums from 1975 to 2005. In 2005 mean premiums were $17,810 for the coverage level and policy type...