Questions tagged [medical]

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

5
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2answers
158 views

Is a surviving spouse responsible for the medical bills of the deceased spouse

My wife died last December and the hospital where she had been receiving treatment is sending bills to the home, in her name, asking for payment. I called them and told them that she was deceased and ...
3
votes
4answers
82 views

Is a Blood sample considered Personal Data under GDPR?

Just that simple question: Is a Blood sample considered Personal Data under GDPR?
1
vote
1answer
28 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 ...
0
votes
2answers
77 views

Do mature minors have the right to privately consult with a medical professional?

The title should be relatively self-explanatory. Do mature minors (aged 16 or older) have a legal right to privately consult with a medical professional, free from the involvement of a parent, ...
1
vote
1answer
20 views

Handling medical data received from outside the EU

If a company is receiving anonymized x-ray images (for research purposes) from outside the EU (e.g. US), does the company have to treat the data as if it came from inside the EU? In particular, does ...
1
vote
1answer
78 views

What Happens to Abandoned Infant Citizenship?

In the United States, you are considered a U.S. Citizen just by being born in the United States. However, I imagine that there are situations where there is no proof that a child was born in the ...
3
votes
2answers
130 views

What are “inactive ingredients when a safety factor” in the context of vaccines?

I was reading Title 21 of the Code of Federal Regulations when I came upon the following sentence (n) The inactive ingredients when a safety factor, or reference to an enclosed circular containing ...
2
votes
1answer
74 views

Manslaughter or Negligence -does not inform all risks in surgery which results in death of a patient

Is manslaughter a potential legal consequence of treating a patient without obtaining a valid consent? i.e. A surgeon does not inform all the risks involved in the surgery to a patient, causing a ...
2
votes
3answers
200 views

Can anti-vaxers be sued for medical malpractice?

Vaccine stuff has been in the news lately. It occurred to me that telling people not to get vaccinated could constitute medical advice. Here is my question: if someone tells you not to get vaccinated,...
1
vote
1answer
77 views

Is there any recourse for a medical professional if a patient sexually assaults them in a small way?

Is there a recourse for a medical professional if a patient behaves inappropriately? (I would call it sexual assault but to be honest I don't know what would and wouldn't qualify for that definition - ...
2
votes
1answer
57 views

Can my orthodontia provider legally take my claim payment?

I am currently getting Invisalign treatment through an Orthodontia Provider in California. I paid for the treatment up front at $3,000. I was told by the provider that it was unlikely that insurance ...
0
votes
1answer
48 views

can a business delay to bill you

I thought my insurance was paying for my pt. but then after i stopped going for a few weeks i got a huge bill in the mail. is it legal for them to not send a bill (delay billing) for a couple months (...
1
vote
1answer
162 views

Life insurance and declining medical treatment

Suppose Bob gets a typical term life insurance policy and pays the premiums through the contestability period. Bob is then diagnosed with a terminal illness. There are treatments for this illness ...
2
votes
1answer
101 views

Is it required by law to have a prescription to get an MRI scan in the United States?

Is it required by law to have a prescription to get an MRI scan in the United States? If state specific, I'm interested in California and Massachusetts. I'm reading conflicting, unsupported ...
0
votes
2answers
72 views

Death caused by (possible) oversight by doctor. What recourse is there?

Let's say we have a guy named Jack (Jack is definitely not a pseudonym for me, I swear). Jack is young and healthy, and was happily married to his equally young and healthy wife until recently. Then ...
4
votes
3answers
117 views

What is a software developers liability for medical devices

I am an employee of a contract employer being contracted out to a medical company writing software for medical devices. What is my liability or who shoulders the legal expenses if a product I wrote ...
2
votes
1answer
90 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) ...
0
votes
0answers
30 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 ...
3
votes
1answer
84 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?...
1
vote
1answer
43 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, ...
0
votes
3answers
142 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) ...
0
votes
1answer
71 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 ...
2
votes
1answer
343 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 ...
1
vote
1answer
99 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 ...
3
votes
0answers
82 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 ...
2
votes
1answer
430 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,...
1
vote
1answer
53 views

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 ...
1
vote
1answer
166 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 “...
1
vote
2answers
59 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 ...
5
votes
1answer
267 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 ...
2
votes
2answers
234 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 ...
1
vote
1answer
95 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 ...
0
votes
1answer
133 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 ...
3
votes
1answer
179 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 ...
2
votes
0answers
179 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 ...
0
votes
2answers
311 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 ...
2
votes
2answers
186 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 ...
1
vote
1answer
59 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 ...
1
vote
1answer
48 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 ...
2
votes
1answer
89 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. ...
5
votes
1answer
1k 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 ...
0
votes
2answers
69 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 ...
2
votes
1answer
85 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 ...
2
votes
2answers
456 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 ...
24
votes
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 ...
5
votes
1answer
158 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 ...
3
votes
1answer
171 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 ...
0
votes
3answers
186 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 ...
3
votes
1answer
124 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 ...
1
vote
1answer
166 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 ...