Questions tagged [health]

Questions relating to the practice of medicine or provision of healthcare

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38
votes
2answers
10k views

How is it legal for a hospital to put two patients together in the same room in the US?

In the United States we have HIPAA regulations in place to (among other things) prevent healthcare providers, insurance providers, and any other entity that handles medical information from leaking ...
23
votes
4answers
2k views

Is “do not resuscitate” on a t-shirt a legal order?

A few months back, I watched a House episode that featured him violating a DNR order, and being taken to court for it. A few days ago, I've come across a do-not-resuscitate t-shirt on one of the t-...
9
votes
1answer
2k views

Is it possible for me to break a lease that is co-signed if my health suffers from staying at the apartment?

Problem Overview I live in an apartment in Georgia and the tenant above me is smoking a lot of marijuana every day and has been doing so for the last three months. While inside the apartment, I ...
8
votes
2answers
599 views

Was I forced into a mental hospital legally?

If, after an accidental Xanax overdose, a person went to the ER to be safe, is it legal for the hospital to force them into a psychiatric hospital for three days? What if the person told the nurses it ...
6
votes
1answer
4k views

Can doctor's offices withhold test results for some length of time?

Massachusetts/USA here. I had a EMG a few days ago and scheduled a followup with my doctor for later in the month (about 3 weeks from now). I am very anxious to hear the results. I just called and ...
6
votes
2answers
481 views

Are pre-employment drug screening results not obtainable by the patient?

Can an individual require access to his pre-employment drug screening results in the United States? I am mostly interested in California and Massachusetts.
6
votes
0answers
85 views

Must doctors and other medical practicioners give treatments based on science? [closed]

I went to see a counsellor at my university and he said he wanted to do dream interpretation with me. After talking to other doctors and google searching, I found dream interpretation is complete ...
5
votes
3answers
278 views

Ex-housemate cancelling NHS appointments (United Kingdom)

For a year or so, my wife and I lived in a shared household with largely random people in the UK. We did not get on well with one individual, and after a year we chose to move out into our own place. ...
5
votes
1answer
40 views

Log Viewing Specific Patient PHI?

Under the HIPAA and HITECH Regulations (US) is it required for a system to record an audit trail for every time a user accesses any PHI(Protected Health Information)? As I understand it, an audit ...
5
votes
1answer
4k views

How long do patients have to wait to get lab results in California?

I read on http://www.chcf.org/~/media/MEDIA%20LIBRARY%20Files/PDF/E/PDF%20ElectronicLabResultsExchangePolicy.pdf : (CA = California). which means patients used to not be authorized to access their ...
4
votes
1answer
530 views

Precedent of doctor being sued after giving his private phone number

I'm looking for a precedent of a doctor getting sued after giving his private phone number for a patient to consult, yet not being available at a moment of emergency.
4
votes
2answers
926 views

Bed Bug Liability/Responsibility: Landlord or Tenant?

Situation: I'm currently paying someone monthly rent to live in one of the rooms of their house. There is no signed contract or any records of this exchange. Recently, the room I am in appears to ...
4
votes
1answer
137 views

Can a college force you to use their health center?

I am a Junior in college and I have a history of mental health hospitalizations while in college. I went to the hospital earlier this semester because I didn't realize I was having a panic attack. ...
4
votes
0answers
124 views

Is there a country that legally requires parents to donate blood to their children?

The question is, as indicated in the title, whether there's a law anywhere in the world that would require parents - explicitly or implicitly - to donate blood (or even organs) to their children if ...
3
votes
4answers
68 views

Is encrypted health data still considered personal data and subject to GDPR Art. 9 (1)?

I need to exchange data from a patient providing its own health data to a healthcare provider over my server. The data is encrypted on the patient's device by the public key of the healthcare provider ...
3
votes
1answer
99 views

Are partner notification laws in conflict with HIPAA?

HIPAA (Health Insurance Portability and Accountability Act) requires health care providers only share medical information with family members under the patient's consent. However regarding HIV/AIDS ...
3
votes
1answer
246 views

How to report an infraction of the HIPAA requirements?

In the United States, in accordance with HIPAA requirements, the lab who performed a blood test on a patient are required to send the results to the patient no later than 30 days from the date of ...
3
votes
1answer
96 views

EU regulation for medical device communication encryption

In the US, HIPAA mandates that data communication with patient or healthcare data must be done according to FIPS 140-2 (pdf). E.g. use AES encryption with 128 bit keys or greater to encrypt. Are ...
3
votes
1answer
2k views

Can a physician refuse to transfer records directly to another provider?

I understand that as a patient, I have the right under HIPAA to request a personal copy of my medical records at a reasonable per-page cost. I've received a letter from my physician's office stating ...
3
votes
1answer
146 views

Can a physician refuse to see patients that are not referred by their primary care physician?

In Massachusetts, USA, can a physician refuse to see patients that are not referred by their primary care physician? (Even patients whose health insurance does not require a referral for the ...
3
votes
0answers
74 views

Who is responsible for an intra-hospital ambulance?

Several months ago, I went to the emergency room. I called an ambulance, which took me to Local Hospital (Branch A). While there, the hospital said they did not have the facilities to treat me, and ...
3
votes
1answer
154 views

How much privacy about my health am I giving up if I participate in my employer's wellness screening program?

My employer is having a "Wellness Screening Fair" where you can receive free testing for things like cholesterol and insulin, and I imagine advice about how to interpret the results. Sounds good.. But ...
2
votes
2answers
1k views

Can a Canadian doctor perform RFID chip implantation in a willing subject?

I want to get an RFID chip implanted in my hand for practical and entertainment purposes. I am a adult 100% aware of the risks and willing to undergo the (very minor) surgery, in which the small tag ...
2
votes
3answers
166 views

How do you force someone to sue you?

I have a bill from a health care provider that I did go to but they are charging me for services I did not receive. They will not agree that they did not provide these services and continue to bill me....
2
votes
1answer
165 views

Hospital refuses to allow me to talk to their billing department - are there any laws/regulations that I can use to help them change their minds?

Background here: Hospital billed me for services that I explicitly refused. Are there any legal ramifications for hospital?. In short, my wife visited a hospital and was grossly mis-billed. In total ...
2
votes
1answer
98 views

Does the failure to honour an express refusal invalidate prior claims of having implied consent?

Suppose a local health district (LHD) has used a patient's electronic medical record (eMR) for training purposes. Upon learning that they have done this, the patient is displeased and tells them so. ...
2
votes
1answer
92 views

UK: What are my rights if i'm woken by construction work, or roadworks at night?

A while back I was woken by some workmen repairing metal railings on the side the road next to my house. This occurred at around 1:30 am, I brashly asked the workmen to stop. To which they complied. ...
2
votes
1answer
3k views

What is the difference between “controlled substance” and “needing a prescription”?

I was prescribed a medication. The doctor said it was not a controlled substance. Why did he write a prescription? If it's not controlled couldn't I just go to the pharmacist and ask for the ...
2
votes
2answers
166 views

Do I have to pay the dental bill that is much higher than estimate?

I got a crown and the color was different from other teeth. The dentist wrote to me that he would remake the crown free of charge. After starting the remaking process, he said his time was free but ...
2
votes
1answer
593 views

Why are toxicology reports made public?

The recent news on Mac Miller's cause of death reminded me that I'm always puzzled when toxicology reports are made public. Is this mandated, and if so, is it by state or federal law? Why? Otherwise,...
2
votes
2answers
190 views

Is the California court ruling that coffee can increase cancer risk justified?

A court in California ruled against companies that may have to put a warning that tells customers there is a possible cancer risk linked to coffee by saying the companies "failed to meet their burden ...
2
votes
1answer
227 views

In Canada is it legal for a doctor not to be able to do something they should know?

This is a strange question. A few years ago I was a victim of a crime and I had been feeling bad about it. I go to University and once was told it's a good idea to make use of the counselors there ...
2
votes
2answers
198 views

Can a lab make patients pay to access test results?

Can a lab make patients pay to access their test results (e.g. blood test results)? The results are sent to the physicians, but the patients need to pay to access the results from the lab, even though ...
2
votes
2answers
1k views

Is it against HIPAA law for a high school to keep records of a mental health survey administered to all students?

At my son's high school, the administration administered a "Strengths and Difficulties Questionnaire" (SDQ) during class, which posed statements such as "I am often unhappy, depressed or tearful" and ...
2
votes
1answer
85 views

Advice on second-hand smoking in apartment building (USA)

I live in an apartment building in the State of New Jersey, USA area. A neighbor living a floor above me smokes cigarettes all day on his balcony. The smoke consistently travels down and through my ...
2
votes
1answer
128 views

Why can a medical score get a protection by copyright?

I came across a case where a Doctor A found a new medical score calculation which was used by another Doctor B with no permission. Let's try to explain the situation (EDIT+++) : Doctor A published ...
2
votes
1answer
154 views

Placed on 24 hour shift under National Minimum Wage (UK)

A friend of mine works in a care home for young adults with severe learning difficulties. These people need 24-hour care. She is paid approximately £7 per hour. She has today been placed on a rota ...
2
votes
2answers
87 views

Can HIPPA be waived by contract with doctor and what constitutes one's 'medical status'?

I was at a doctor’s office, and in all of those forms was something that said something along the lines of I authorize the doctor to discus my medical status as his patient with government agencies. ...
2
votes
1answer
180 views

Is it illegal for a parent to refuse to pay medical expenses with child support in the USA?

I am asking one a friend's behalf. My friend's parents are divorced, my friend (18, F) is living with her mother and her mother's boyfriend (not married to each other). The mother receives child ...
2
votes
0answers
52 views

If a doctor orders a Genome test from a patient

Does a patient have the right to obtain any data collected from a genetic test in the state of California?
2
votes
0answers
75 views

Accessing lab test results if younger than 18

Quest Diagnostics claims that "Lab test results are available to patients 18 years and older" in the written email that follows an account creation on their website. Why does Quest have that policy? ...
1
vote
1answer
144 views

University dorm serving meat with vegetarian food

I'm a college student and a vegetarian. I've noticed in the last year and a half that the dining hall department sometimes serves vegetarian food on the same platter as meat food, and I let the staff ...
1
vote
2answers
283 views

Does an employer have to provide employees with access to running water?

Suppose the water supply to the office block ceased, including tap water and bathroom facilities. The reason for the water supply discontinuing is unknown and there has been no communication on the ...
1
vote
1answer
83 views

What can qualify as a terminal illness with respect to assisted suicide?

As an example, HIV used to be considered a terminal disease by doctors. Nowadays, there are treatments which extend life significantly for HIV patients, and doctors consider it to be a manageable ...
1
vote
2answers
264 views

Gun ownership prior to involuntary commitment

My father gave me a family gun when I was 16. Let's say I was involuntarily hospitalized recently do to an antidepressant overdose. Am I required to turn in my gun?
1
vote
1answer
34 views

How an Advance Medical Directive works in practice?

I will be signing a DPOA and Advance Medical Directive in a few days, but I live in a different state than the person those documents are for. If that person becomes incapacitated or is deemed unfit ...
1
vote
2answers
62 views

Can a health provider (physical or mental) contact my family to ask them questions without my permission?

Can a health provider (physical or mental) contact my family to ask them questions about me without my consent? Can they do it if they don't disclose their reasoning or any medical information and ...
1
vote
1answer
331 views

Taking control of an adult's healthcare

John Smith is over 18 but under 26. He lives with his parents in California. He has been diagnosed with bipolar disorder with possible comorbid psychological disorders. John has been hospitalized ...
1
vote
1answer
64 views

How can I discover what regulations a biomedical device needs to meet?

Please note: the contextual jurisdiction of this question is primarily the United States, but could be extended to European and Asian countries as well. The OpenBCI is a recently-funded startup that ...
1
vote
1answer
52 views

Why does the FDA prevent the sale of health reports that may affect a diagnosis or treatment plan to consumers?

So I was reading an interesting article from MSN how a company can now map your genome for a relatively small fee. It mentions something confusing, that being that [...] the FDA restricts direct ...