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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Can a US state ban a drug that is approved by the FDA?

The more common scenario nowadays is for a US state to "legalize" a drug that is illegal Federally, namely cannabis. This scenario has been well-researched and it is well-settled that the ...
Robert Columbia's user avatar
-1 votes
1 answer
95 views

Healthcare service refuses to cover the cost of something they originally paid for [closed]

My healthcare service is refusing to cover the cost of a pacemaker for my stomach yet 20 years ago they allowed it to be implanted and 10 years ago they agreed it was necessary for a battery change ...
Neville King's user avatar
0 votes
0 answers
28 views

TEFCA: Do providers have to give individuals fast electronic access to their health data?

TEFCA creates a network of providers who service health information requests. The Sequoia Project's documentation on required flow-down provisions asserts: "Participants and Subparticipants may ...
Zekka Nelson's user avatar
12 votes
2 answers
4k views

Can a medical professional give purely palliative care to a prisoner being executed?

In the United States, medical professionals are not allowed to participate in executions of prisoners. Are they allowed to give palliative care to the prisoners during the process, if the care given ...
Someone's user avatar
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1 vote
0 answers
59 views

Giving up protections for balance billing in hospitals

In certain states, one is protected from balance billing for emergency, hospital, and ambulatory services. Balance billing is when one is surprised that an out-of-network doctor/group bills rack rate ...
paulj's user avatar
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9 votes
2 answers
911 views

How can someone assume control over a family member's medical care?

If someone's parent is a paranoid schizophrenic whose family has been struggling to get proper care due to the parent refusing it (i.e. refusing to take medication). Furthermore, the situation is ...
Ineedhelp's user avatar
5 votes
1 answer
373 views

Do I have right to refuse to talk to the receptionist and only talk to the doctor?

In Switzerland, to visit even general family doctor it is normally required to make an appointment in advance that usually means to make a phone call. The chat with the receptionist is normally quite ...
Stančikas's user avatar
0 votes
1 answer
147 views

Which Swiss privacy laws prevent my wife from registering me with the family doctor?

My wife failed to register the doctor appointment for me, because the reception refused to speak to her citing the "privacy laws". It is a normal generic family doctor to go for common cases,...
Stančikas's user avatar
1 vote
1 answer
54 views

Does Jimmo Settlement Agreement of 2013 also apply to Medicaid?

The Jimmo Settlement Agreement was passed in 2013. This is under the Center for Medicare & Medicaid. In laymen's terms, this allows a patient to receive help with skilled therapy/nursing ...
JustBeingHelpful's user avatar
4 votes
2 answers
335 views

Is a medical provider required to provide a bill and/or receipt for a payment in Massachusetts?

We are currently self-payers for medical services. We found that many providers have trouble dealing with this and in particular it's very difficult to get proper documentation of the services ...
Hilmar's user avatar
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0 votes
1 answer
153 views

Taking out stitches - who is allowed to do that in Germany?

My mom had a surgery on her wrist after she broke it and has some stitches that have to be taken out soon. Last time I had a surgery our doctor (regular doctor, not the one who did the surgery, in ...
Matthias Nicklisch's user avatar
1 vote
1 answer
85 views

Questionable arrangement with a dentist

I saw an ad on a classifieds site that was something like 'Free AirPods if you let me clean your teeth!' Turns out its a dentist who does your yearly checkup, bills your insurance say $450, and then ...
Kovy Jacob's user avatar
2 votes
0 answers
321 views

Does a Dental Office have an obligation to tell you they are going out of network when you have been a patient for four years in-network?

I had been going to a dentist from 2018-2022. I had work done in the summer and fall of 2022. They treated these appointments as normal - collected my copay, did the work, filed with the insurance, ...
Kara S.'s user avatar
  • 21
0 votes
1 answer
89 views

What happens to oneself when one is at fault in accident with their own injuries?

No-Fault State My understanding is that insurance travels with the car. Therefore, this is the example Driver1Car1 100k liability Driver2Car2 300k liability Car1 hits car2. Car1 driver 100% at fault....
paulj's user avatar
  • 1,532
0 votes
1 answer
192 views

University prevents student from exempting a class for medical reasons

One of my friends has a seizure disorder and is majoring in engineering at a college in South Carolina. His seizures are really severe/dangerous and are caused by doing certain kinds of math. All of ...
Alex Anderson-Mcleod's user avatar
3 votes
1 answer
130 views

Can life insurance claims be denied due to off-label use of alternative drug therapies?

Say Jane has been diagnosed with cancer. She reaches the point where she is told that chemo/radiation may help extend life but will not cure the cancer. Jane chooses no chemo/radiation and begins ...
Lima's user avatar
  • 31
2 votes
1 answer
107 views

Recording patients in a Physical Therapy Clinic

Consider a hypothetical physical therapy clinic in California. It is my understanding that it would be against the laws of the clinic to video tape the patients without their knowledge. Please ...
Bob's user avatar
  • 1,173
1 vote
0 answers
121 views

Where are the privacy policies for medical devices?

Some medical devices transmit patient data, usually to the device manufacturer, who then shares the data with the doctor and possibly the insurer. In my experiences, the patient is given little or no ...
Adrian McCarthy's user avatar
-2 votes
1 answer
118 views

When has a doctor fulfilled their contractual duty

Generally when getting a service from some provider it is implied that that provider has to provide the service they ask money for. If I buy a phone and that phone is broken they have to replace or ...
Cromon's user avatar
  • 213
0 votes
1 answer
295 views

Legal underpinning of prescribing placebo drugs in the UK

I recently discovered that 97% of doctors in the UK have prescribed placebos. The general context seems to be within the mental health space, but I can’t find any firm restriction to the type of ...
roganjosh's user avatar
  • 119
2 votes
4 answers
289 views

Legality if breaking in for medical reasons?

For anyone who has watched House you'll know there is a continuous theme of the doctors breaking into patients homes to look for toxins and possible environmental causes for their illness. Their ...
Ethan's user avatar
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10 votes
1 answer
2k views

Does withholding non-medical information affect medical consent?

In an episode of the medical drama 'House', a patient needing a liver transplant is offered a live donation from her girlfriend. During the episode there's a continual argument over the ethics of ...
Ethan's user avatar
  • 1,750
8 votes
3 answers
2k views

How can I ensure I am contacted when a specific relative dies or is hospitalised?

I have an Uncle in declining years that lives a state or two away. Is there any protocol for having local emergency services call my cell should my Uncle be taken to hospital, becomes unconscious, ...
paulj's user avatar
  • 1,532
0 votes
1 answer
48 views

Understanding laws about medical and mental health advice/treatment [closed]

Can you help me understand which of these are legal and which are illegal in the U.S., and briefly why? (If the answers vary by state, assume state with "medium strictness", or just answer ...
M Katz's user avatar
  • 121
1 vote
0 answers
55 views

Legality of offering psychotherapy from a foreign country (Romania/U.S.)

My partner is a therapist in Romania. She has the master's degree and required endorsements (called "attestations" in Romania) to practice, and she sees several Romanian clients. She also ...
M Katz's user avatar
  • 121
3 votes
2 answers
227 views

Legality of DUI blood tests

I was reading a bit about this subject and was wondering about the specific status of the medical professionals involved. If I am pulled over for a DUI and the cops take me back to the police station ...
Fraser Orr's user avatar
5 votes
2 answers
3k views

Is it legally possible to bring an untested vaccine to market (in USA)? [closed]

Here Neil DeGrasse Tyson says there was testing and a system in place assuring the safe production of the new vaccines. He addresses people who have claimed there was no testing. That got me curious ...
R. Romero's user avatar
  • 177
1 vote
0 answers
51 views

Is a single HIPAA waiver enough for teenager's parent?

I see articles and site and need to protect for out of state (parents in one of the USA state, and teenager going to other USA state). On HIPAA, I am confused if we should get it signed but what ...
puzzled's user avatar
  • 341
1 vote
1 answer
127 views

How can Patient get a compounded medication tested, to determine if it was negligently compounded?

A physician prescribed his lay Patient a medication that must be compounded. After consuming this medication, Patient suffered atypical serious side effects. After examination, a physician reckons ...
user avatar
10 votes
2 answers
5k views

Can I refuse to provide detailed medical history to day camp?

I'm a leader in a church-sponsored children's group. We're going to attend a half-day "day camp" run by Boy Scouts of America. The activities will include short hikes, archery, bb guns, ...
zwiebelspaetzle's user avatar
3 votes
1 answer
61 views

Medical POA and a Home Health Aid

Imagine a standard POA for medical has been given to an adult son for his parent to become effective when the parent cannot speak for him/her self. It has been determined by several doctors that the ...
Bob's user avatar
  • 1,173
1 vote
2 answers
95 views

What counts as a medical facility?

A certain POA for medical document gives an adult son the right to move his parent to medical facility. Would a assisted living place count as a medical facility? Is there a precise legal definition ...
Bob's user avatar
  • 1,173
1 vote
0 answers
37 views

What legal limits are there on large scale population genetic capture and analysis?

A recent paper speculates that it is currently possible to capture human genetic material from the environment in a way that individuals can be identified and their genetics analysed. Inadvertent ...
User65535's user avatar
  • 6,556
2 votes
1 answer
42 views

If pharmaceutical manufacturing meets US CFR 21, or its European equivalent is it automatically accepted by all other countries?

If pharmaceutical manufacturing meets US CFR 21, or its European equivalent is it automatically accepted by all other countries? Do other countries automatically accept any other countries ...
Coo's user avatar
  • 315
3 votes
1 answer
91 views

Illegal to renew cat's urinary food prescription if no yearly examination in WA State, USA?

My friend's cat had emergency bladder stone surgery a couple of years ago. They put the cat on prescription urinary food my friend ordered online. The vet is refusing to renew the prescription because ...
Brigadeiro's user avatar
1 vote
1 answer
89 views

Car and Med Insurance?

If somebody were to get into a bad car accident, the med costs can rack up, and it'd be best to have insurance burgeon a portion of the debt. But let's say that due to financial straits, said person ...
Budd Kraken's user avatar
0 votes
1 answer
51 views

Can one explicitly use medical research to offer unlicensed patented treatments?

English Patent Law includes an exception for "experimental purposes": (5)An act which, apart from this subsection, would constitute an infringement of a patent for an invention shall not do ...
User65535's user avatar
  • 6,556
4 votes
1 answer
545 views

Is it legal for a US minor to take puberty blockers /for a doctor to prescribe puberty blockers to a minor without their parents knowledge or consent?

Is it legal to prescribe a minor puberty blockers without their parents' knowledge or consent? Is there an age limit? Semi-related example: In Germany, it is legal to prescribe girls birth control ...
stupidstudent's user avatar
1 vote
1 answer
100 views

Giving somebody medicine against their will

Consider the case where an adult son is caring for his parent with dementia. The parent is considered legally competent and has been prescribed certain drugs by the parent's doctor. The patient takes ...
Bob's user avatar
  • 1,173
3 votes
1 answer
135 views

Will there be any legal consequence if I ignore a bill that I do not owe?

I received a bill from my doctor's office for a copay of $25 that I do not need to pay. I called the office and they acknowledged that it was a mistake. However, for the past few months, they still ...
Zuriel's user avatar
  • 631
-2 votes
1 answer
74 views

UK law and time limits

A patient with a history of mental health problems goes to his/her GP claiming depression. However, because the patient does not appear to act in the expected manner, the GP refuses time off. This is ...
jim's user avatar
  • 221
1 vote
3 answers
98 views

When does a POA for Medical Come become effective

Imagine a mother has given her adult son a POA for medical when she cannot speak for herself. After some time, she has dementia and needs to go to the emergency room. In the emergency room it is ...
Bob's user avatar
  • 1,173
1 vote
2 answers
289 views

Must a counselor therapist keep certain information confidential even if it pertains to illegal activity?

Generally speaking medical professionals are obligated to keep their patient information confidential, I think by legislation or the licensing body that allows them to practice. I'm not sure if it's ...
user49748's user avatar
1 vote
0 answers
47 views

For non-emergency treatment in California: Can hospital/surgery center deny service/treatment because of lack of co-payment when client has insurance?

For non-emergency treatment in California: Can hospital/surgery center deny service/treatment because of lack of co-payment when a client has insurance? In other words, can a provider refuse to render ...
COOKIES's user avatar
  • 372
1 vote
2 answers
177 views

The legally-binding equivalent of the Hippocratic Oath

I have read that the Hippocratic Oath is not actually legally binding. However, I wonder if there are certain laws that apply specifically to doctors acting in a professional extent (or perhaps beyond ...
user1113719's user avatar
0 votes
1 answer
113 views

Being Admitted to the hospital for nursing home evaluation

A mother is taken to the ER(emergency room) with a memory loss problem. The son, who has a POA for medical, asks the ER doctor for his mother to see a neurologist. The ER doctor agrees that the mother ...
Bob's user avatar
  • 1,173
3 votes
2 answers
278 views

How illegal is it to give your prescription medicine to another person (in any amount)?

Is it expressly illegal to give even one pill of a prescription medicine you have to another person? If so, what law says this, and under what terms? If not, what are the minimum terms, for example, ...
Julius Hamilton's user avatar
2 votes
1 answer
70 views

Must medical providers/businesses give a copy of a patient's medical record to the patient if the patient requests it in France?

In the US, medical providers must by law give a copy of a patient's medical record to the patient within 30 days if the patient requests it, according to 45 CFR 164.524(b)(2): Timeliness in Providing ...
Franck Dernoncourt's user avatar
7 votes
3 answers
908 views

What is the duty of a medical office to properly bill one's insurance? (USA)

In the US, it is typical for patients to sign contracts with a medical office assigning whatever benefits are applicable from their health insurance to the doctor's office and leaving the patient ...
Alan's user avatar
  • 795
3 votes
1 answer
67 views

General Practice doctors and the law on reporting colleagues

In the UK, if one GP believes another GP has acted in a dishonest manner in their actions, for example by providing a diagnosis that is known to be false, does the first GP have a legal duty to report ...
jim's user avatar
  • 221

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