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Questions tagged [medical]

For questions dealing with medical and healthcare law, such as informed consent, malpractice, and prescription or other medicine.

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What is a software developers liability for medical devices

I am a contractor for a medical company writing software for medical devices. What is my liability or who shoulders the legal expenses if a product I wrote software for malfunctions or is involved in ...
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Malpractice lawsuit for seizure (potentially) caused by vaccination [on hold]

I am somebody who (due to a condition called a cavernous angioma) has suffered from epilepsy (mostly partial-onset seizures and, as of Tuesday, 4 grand-mal seizures) for all of my post-pubescent life (...
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1answer
65 views

being forced to use Express Scripts (mail order delivery) on perscriptions

Insurance policy set up by the workplace requires us to fill prescriptions through a specific mail order vendor and denies coverage of prescriptions through other retail vendors (Walgreens, CVS, etc) ...
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24 views

Question about Medicaid & Alimony

If someone does not qualify for Medicaid because their income is higher than the limit (due to disability & alimony payments), and then they agree to lower/cancel their alimony, would they be able ...
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1answer
75 views

Received defective Rx. Pharmacy and manufacturer refuses to refund me

I need advice on how I can get a refund on a defective ~$186 Sam's Club prescription. They were not only ineffective, but I experienced withdrawal symptoms taking those. What legal recourse do I have?...
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1answer
33 views

What are the types of authority required for the release of medical records?

I am filling out medical records release in the United States. I noticed that the signature requires the patient's signature or a person authorized to sign. It also states that if not the patient, ...
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3answers
116 views

Can a debt collector legally demand payment and threaten a credit score effect without validation of the debt until requested?

I live in the state of Maryland. Several years ago I went to the ER to have an injury treated. I presented my insurance at the time of the injury. About a month ago (several years after the ER visit) ...
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1answer
66 views

Is it legal to sell gases for human consumption (as supplements or otherwise) such as oxygen, nitrogen, or nitrous oxide

This question is based on the FDA's Federal Food, Drug, and Cosmetic Act, where they list medical gases as being regulated by the FDA. There is ambiguity, however, as the act puts an emphasis on high ...
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1answer
177 views

Do the HIPAA regulations in the United States prevent medical providers from disclosing relevant health information on patient A to patient B?

If a medical provider is aware of some health information on patient A that can affect patient B, do the HIPAA regulations still prevent the medical provider from conveying that information to patient ...
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1answer
81 views

Religious exemption to vaccines that relies on preservation of life

Almost every US state allows a religious exemption to vaccination requirements in schools. Some religions are opposed to vaccination as a basic principle (maybe because healing is reserved for God or ...
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0answers
74 views

Is it legal for an employer to implant chips in the body of employees?

It is being reported in the media that employers in the UK are planning to microchip employees. Can such a procedure be legal? A qualified medical professional would only be allowed to perform the ...
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1answer
209 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,...
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1answer
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How do I protect my child's assets against medical expenses incurred by their potential guardian?

I am in the process of drafting a will for my estate and would like to designate friends of mine as potential guardians for my children in the event of my death. The concern I have is that my friends ...
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1answer
95 views

Is a tattoo providing medical instructions legally binding?

This article describes an 81-year-old woman who got a tattoo reading "Don't euthanize me" to express her medical wishes if she were incapacitated. The Calgary grandmother recently had the words “...
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2answers
55 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 ...
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1answer
171 views

Hospital billed me for services that I explicitly refused. Are there any legal ramifications for hospital?

(well, my wife). Background - we lost a pregnancy early this year. Got pregnant again. Wife had some spotting during first trimester, became panicky, and rushed off to a hospital. The main thing ...
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2answers
116 views

Does HIPAA prevent doctors from sharing statistics?

In the US, where HIPAA prevents doctors from disclosing patient information, can a doctor disclose information about his patients in general, since he's not disclosing information about any specific ...
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1answer
89 views

Can a medical invoice that was disputed collect interest and be due years later?

This is a bit embarrassing. A couple years ago I had been seeing a specialist doctor. I had been a victim of a crime, so the city/police department was paying for my treatment. It had been my ...
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30 views

Is it legal to wait for insurance to clear before issuing a medical referral in the US?

My question is on existing laws that require medical providers (primary care physicians) to issue referrals. The current situation is that a friend of mine fractured her shoulder, and was X-rayed at ...
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1answer
59 views

Am I required to report my Multiple Sclerosis to the DMV?

I was recently told that in every state, you must report to the DMV if you have MS. However, I can not find anything to verify this. Is this correct? Specifically, I live in Alabama, but would be ...
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1answer
165 views

What organs can hospital patients not take home?

What amputated or removed organs, not limited to limbs, are hospital patients NOT allowed to take home in the U.S.? If the laws vary between states, then I'll focus on Washington State. Can amputees ...
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0answers
175 views

May I perform medical experimentation on myself without licensure?

I'm a retired cellular biologist and medical researcher whose license has been revoked, but I would like to continue a line of research with myself as my subject/patient. The research involves ...
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2answers
256 views

Free and informed consent for medical test

My company requires me to have life insurance for which I recently moved out of the provider's "free cover limit". Because of this I now have to submit to certain medical tests in order to have full ...
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2answers
137 views

Is there a rule for hospitals to hold child birth certificate if bill is not paid?

I have a visitor visa and gave birth at a hospital in Georgia and I couldn't get the birth certificate of my child because I didn't pay the hospital rule. I already talked to the hospital's medical ...
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1answer
55 views

Picture of a receipt from a Doctor

I had to go several rounds with a doctor's office about them not taking my insurance and them assuring me that the copay would be a certain amount. They then charged me 20x the quoted amount. I didn't ...
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1answer
46 views

In US, what happens if you owe money to doctor and forget about it?

If I owe money to some family physician or a dentist, but because my phone number has changed I was not able to be contacted by them. What does a doctor/dentist do if I owe them about $500 or so ? Is ...
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1answer
68 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. ...
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1answer
650 views

Can a doctor/nurse legally force me to take a drug test?

I am in California, and had an appointment today to establish care with my new doctor. The nurse checking me in noticed my high blood pressure and sores on my face from psoriasis, both conditions ...
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2answers
44 views

What would happen if a heathcare provider attempted to bill for a ridiculous (billions) amount?

As far as I can tell, medical providers can perform a service, and then bill you for the cost of that service without telling you the price until you have already consented. There have already been ...
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1answer
74 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 ...
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2answers
288 views

Can an alternative medicine practitioner be held legally responsible for a patient's death?

First a little background, this issue doesn't affect me personally (I'm not a practitioner of alternative medicine or being treated by one). I read a slate article about a woman who was forgoing ...
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2answers
9k views

Self incrimination during medical examination

If, during a medical examination, an alleged accused says anything that might incriminate himself, it should be neither recorded nor reported.[emphasis mine] source: Synopsis of forensic medicine and ...
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1answer
109 views

Child attained legal age, do the parents still hold any rights to medical documents from childhood?

Situation A child, let's call him Pete, went to some medical treatment when he was younger than legal age (18). All documents about this treatment were sent to his parents. Pete is now (way) above ...
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1answer
153 views

Do I have a right to get my son vaccinated against his mother's wishes?

I am in NY state. My partner and I are not married. I am not listed on our son's birth certificate, but he has my last name. My partner is an anti-vaxxer (or whatever non-loaded term is preferred). I ...
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3answers
176 views

Are UK NHS prescriptions covered by sale of goods act (or equivalent)?

In the UK the NHS provides free-of-charge health care, with a few exceptions e.g. a patient has to pay about £8 per drug on prescription. An NHS doctor prescribes a drug that is unsuitable for a ...
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1answer
117 views

Liability for paying for medical treatment not agreed upon

I recently scheduled an appointment for a treatment plan (gum graft) that covered only some of the teeth I needed work on. The reason I opted to have only some teeth worked on is that insurance covers ...
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1answer
135 views

Legality and liability of writing medical software by someone who is not a health care practitioner

Is a person who is a non health care practitioner (NHCP) allowed to write and distribute software for use by NHCPs? If so, will the liability be any different than that of any other software? Let's ...
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1answer
36 views

Can I have a patent by discovering new application of a chemical compound

A compound called CxHyOz in the history has been discovered as an antibiotic for killing bacteria. But in the future when I discover a new application of it, for example I can use it as an efficient ...
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1answer
90 views

Can a private business require a doctors note from a customer?

A holiday has been booked and paid for, but due to medical reasons must now be cancelled. The company booked with offers a cancellation fee so that if a booking with them is cancelled, then a full ...
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1answer
179 views

“due process” hearing concerning returning to work after medical leave [closed]

My wife works at a local university as an accountant. Or perhaps I should say "worked" ... she suffered a brain injury in late December. She has recovered physically for the most part, but still has ...
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4answers
183 views

Charlie Gard versus Christopher Kerner

I am finding the answer by Dale M. to this question trying. The German pop singer Nena (in much of the world a one-hit wonder but enduringly popular in German-speaking countries) gave birth to a son ...
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2answers
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Consequences for nurse who helps baby leave with parents against court order

In recent news, Charlie Gard, a child with a rare mitochondrial syndrome, was prevented from seeking experimental treatment in the United States by an array of different courts including the European ...
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1answer
197 views

Can someone explain what Japanese law says about my medication?

I have a mild form of autism. To treat this I take one 60mg pill of Biphentin every day. Biphentin is "Methylphenidate Hydrochloride", being in the same category as drugs like Ritalin and other ...
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1answer
162 views

What would happen to Hobby Lobby under Medicare For All?

The Hobby Lobby SCOTUS case, if I'm not mistaken, says a company can manipulate the nature of their employees' health insurance, justifying it by the idea that since they're providing it, they should ...
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2answers
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Kicked out of doctors office for refusing to allow them to take pictures. is this legal?

I moved this post off the medical stack exchange as it was flagged as off topic so hopefully this is the proper place for it. I have a problem with a thumbnail that has been lingering for months now ...
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1answer
31 views

What is the 'go' point for organ donation from a registered organ donor?

Assuming a patient is a registered organ donor, at what point their organs can be legally transplanted? Brain death? Clinical death?
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1answer
44 views

Can a medical professional be liable for not completing a procedure as claimed?

A patient in the United States goes to the dentist for a routine extraction of both bottom wisdom teeth (as explained to him beforehand by the dentist). The patient is put under general anesthesia, ...
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1answer
2k views

Is a state issued ID required to see a doctor with insurance?

Suppose there is someone who has insurance but they do not have a state issued ID card, let's say they only have a school ID. If this person goes to a doctor's office and shows their school ID and ...
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1answer
102 views

Is it legal in India to sedate someone without consent and put them in an ambulance?

Suppose you have a family member who has a serious issue (like alcoholism or drug addiction) which they refuse to get help for, and it gets to the point where they pose a serious threat to themselves. ...
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1answer
305 views

Is it illegal for a consumer to obtain or use a non-FDA approved medical device?

The Freestyle Libre Pro, which is a continuous glucose monitoring (CGM) system, was approved in September 2016 for use by healthcare professionals has not yet been approved for use by consumers, as ...