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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0answers
74 views

In the UK, can I legally request a different brand of medicine, if I cannot take the one prescribed for religious reasons?

I have been prescribed a medication by a specialist service in the NHS that does not contain a haram (religiously impermissible) excipient ingredient (i.e. non-active). When my prescription was ...
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1answer
127 views

Do high-asset / low-income people qualify for free medical care in California?

Can people with low incomes qualify for free medical care (Medi-Cal) in California regardless of their liquid assets? A document on the Department of Health Care Services site (pdf) notes off-hand: ...
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53 views

Legal citation for "FDA requires healthcare providers to report any death after COVID-19 vaccination to VAERS" promptly?

CDC.gov says (e.g. here) "FDA requires healthcare providers to report any death after COVID-19 vaccination to VAERS, even if it’s unclear whether the vaccine was the cause." The media have ...
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2answers
157 views

Can a professor ask for private medical information?

I was excused from an exam on the basis of a doctor's note and after the exam took place my professor reversed his decision, saying that he does not have adequate information to excuse me and needs ...
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1answer
82 views

Can state A prohibit a person in state B from mailing a drug from B to A for a purpose that is legal in B?

This could apply to any drug that is legal for a certain purpose in one state of the US, but illegal for that purpose in another state. However, the case I have in mind is mifepristone and misoprostol....
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1answer
135 views

Is Austria COVID vaccine mandate legal?

Austria plans to impose fines for those who refuse to get vaccinated against COVID19: Under the government’s plan, authorities will send out invitations to vaccination appointments to the 2 million ...
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1answer
81 views

Safety and effectiveness have not been established for _

If an FDA approval says the following for treatment with a medical device, does this mean a doctor absolutely cannot treat a patient (with any of the conditions) with the device? Or does it just mean ...
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2answers
223 views

Irrational fear of needles

I want to get an injection (vaccination or treatment) for very good medical reasons. Unfortunately I have an irrational fear of needles (I don’t actually, it’s hypothetical). I can approach a doctor ...
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56 views

Can my healthcare provider deny me a free annual wellness visit just because one of their doctors left the practice?

I called to make an appointment for my free annual wellness visit.* They said because my primary care physician (PCP) left the practice, they would not be able to give me the free annual wellness ...
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2answers
131 views

Is it legal for a medical doctor to prescribe 'alternative medicine' to an unsuspecting patient?

It has happened to someone I know that a doctor prescribed them homeopathic treatment without explaining what homeopathy is (or even mentioning the word). Is this legal? This was done by a licensed ...
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3answers
272 views

Why isn't Medical Malpractice covered exclusively by Contract Law? Why does Medical Malpractice involve Tort Law?

Correct me if I am wrong to distinguish between medical emergencies and non-emergencies. But here I'll focus on NON EMERGENCIES here Undeniably, physicians can refuse patients with good reasons — &...
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2answers
355 views

Why did Lord Devlin bring up "the doctor accepted half a guinea for his trouble"? Don't NHS doctors receive consideration, even if patients don't pay?

In saying "the doctor accepted half a guinea for his trouble", Lord Devlin is giving an example of contractual consideration for the private doctor. Correct? I'm not British. If I ...
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14 views

Advance Directive, Living Will, HIPAA release, which is what?

From my understanding to date, advance directive, living will, "medical" power of attorney are terms for same document. However, neither of these provide access to medical information, they ...
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1answer
52 views

Privacy and ownership of my medical records

Can I request my medical records (such as having had a flu, surgery, etc) to be taken out, to keep them myself instead of trusting an institution to respect my privacy according to any EU laws? I have ...
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2answers
136 views

Can parents force their teenage children to get vaccinated?

The Los Angeles school district recently made the Covid vaccine mandatory for attendance. What’s special about the Covid vaccine is that it’s supposed to be given out not just to first graders (who ...
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1answer
166 views

Can a court compel a particular doctor to treat a particular patient?

In episode 15 of the first season of House, Dr. House is served with a federal court order which specifically orders him to treat a particular patient who is needed as a witness in some kind of ...
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2answers
444 views

Is it legal to sell 'Vaccine Control Group' ID cards stating the holder "must not be vaccinated"?

This is an independent group called the 'Vaccine Control Group' selling ID cards stating they "must not be vaccinated." Is the sale of these cards from legal standpoint, well, legal? Are ...
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1answer
67 views

Would a S.B.8-style law that were to enforce a vaccine mandate be in the same constitutional bucket (as S.B.8)?

The Atlantic suggests this analogy-of-sorts regarding Texas' recent S.B.8 law, limiting abortions by allowing private citizens to sue providers to enforce the law's mandate: Imagine if Massachusetts ...
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2answers
127 views

Can Pfiser be sued for side effects of covid vaccine? [duplicate]

The way I understand this CNBC video https://youtu.be/nJbd402xj0Q, Pfiser could not be sued because the covid vaccine was not FDA approved. This is how i understand it. Now that the Pfiser covid ...
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1answer
92 views

Can doctors charge copays when their insurance agreement says they cannot?

Our insurance says there is no copay and no deductible for COVID tests, but the doctor charged us a $50 copay and is refusing to refund it until insurance pays them. This sounds sketchy. They also ...
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1answer
119 views

Is it legal to get a 3rd booster shot unauthorized by the CDC in the US?

I read that at least 1 million people in the US got 3rd booster shot unauthorized by the CDC. I wonder whether the fact that the booster shot is not authorized by the CDC has any legal ramifications ...
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6answers
208 views

Are there any federal laws in the U.S. mandating vaccination?

As far as I know, vaccinations for smallpox, measles, polio, etc. have all been voluntary, unless people were ordered to get vaccinated by their employers or possibly the military. Has the U.S. ...
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2answers
99 views

Healthcare professional and non-disclosure agreements

I'm just curious if it's legal for a healthcare professional to sign non-disclosure agreements (NDAs) in order to hide certain things from their patient? And also, if the patient asks the healthcare ...
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3answers
9k views

When will Pfizer et. al. be liable for injuries caused by the COVID-19 vaccine?

According to the PREP act, the companies developing and administering the COVID-19 vaccines cannot be sued for unintentional injuries resulting from the vaccine. I have seen enough commercials ...
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Do I need an FDA license for 510k exempt devices?

I work under a medical manufacturer business and need to know if I need a USA FDA license for selling in the USA and Canada? My manufacturer is already registered with FDA along with the products ...
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1answer
91 views

Is it illegal to share my medical bill online?

Is it illegal to share my medical bill online? I'm asking because I want to post it to complain about it, but I'm always scared I may get in trouble with some law I don't know about. Like defamation ...
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74 views

What's the law on the NHS's postcode lottery?

Googling yielded a 2002 editorial Impact of the European Convention on Human Rights on medical law, but this may be outdated. Has anyone tried to sue the NHS on the ground that their postcode lottery ...
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65 views

Is it illegally discriminatory for the Hospital Authority to dispense prescription drugs for free to just certain clusters?

"The Hospital Authority is a statutory body established under the Hospital Authority Ordinance in 1990. We have been responsible for managing Hong Kong's public hospitals services since December ...
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Suing of Forced Kidney Transplant

I watched this video, and this mother, whose daughter needed a kidney transplant, adopted this child. She treated her nicely, but only because she wanted her daughter to get a kidney from the girl who ...
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1answer
111 views

Dealing with drunken guy harassing us over anti-vaxxer and conspiracy theories, and cops won't do a thing?

We're in the U.S, and are a couple who are 37/F and 39/M. We live in a suburb of Kansas City, MO. Recently me and my fiance have had a drunken guy kept coming to our house harassing us and shouting ...
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1answer
87 views

My pediatrician's office refuses to call for an authorization code (NJ) for pediatric bloodwork [closed]

My son is 3.5 years old and has autism - he has a script for bloodwork from pediatrician. The location I found specializes in children with special needs (out of network)/ (he has been to this ...
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1answer
65 views

Does a patient's family have any legal rights to know the patient's health and billing information in India?

Background: My friend was infected with Covid, and after a week he was not able to take breath. We urgently admitted him to a private hospital located in Gujarat, India, for oxygen because of most ...
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57 views

At what point does a bunch of ingredients become a medicine?

In most if not all countries it is illegal to sell unlicensed medicines and medical treatments. It is however legal to sell the reagents, equipment and instructions to individuals for them to create ...
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2answers
11k views

Is the President at the top of all organ waiting lists?

In the United States, people can often wait for years on organ lists before receiving the organ they need. Does the President automatically move to the top of these lists, should they find themselves ...
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1answer
100 views

Is it illegal for a hospital to hide the doctor name from patient?

I had an ultrasound at a hospital. The doctor over there gave me some recommendations. I wasn’t sure about these recommendations and wrote an email to the management asking other doctors to review ...
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2answers
106 views

Can an employee be penalized for missing work due to medical appointment?

Can an employer discipline an employee for taking time off work for a medical appointment? What if the employee is still on the probation period? I won't get into specific details, but a somewhat ...
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4answers
8k views

If I ask my doctor to order a blood test, can they refuse?

In New York, USA, If I go to my doctor's office and request that they order a specific blood test for me, can they refuse? Is there anything in HIPAA (or other laws) that compels a medical ...
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2answers
94 views

Do you have to pay for a dissatisfactory medical service? [closed]

I went to a hospital and they charged me $5,000. The doctor was absolutely incompetent and due to his fault the result of the procedure were bad. I am on my way to o healing, but it was NOT good. I ...
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1answer
99 views

Can I make a website explaining how to DIY a medical treatment which is not currently approved?

There is a medical treatment which saves lives around the world, but not currently available in the USA, because of new regulation. However this treatment can be easily performed on a DIY basis. There ...
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43 views

Can an employer mandate an EUA-approved vaccine?

Liberal political commentator Matt Yglesias just tweeted this: I’m not an expert in Vaccine Law. But the military requires a lot of vaccinations but says it can’t require the Covid vaccines because ...
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1answer
85 views

Can the need for FDA authorization of a tool to find infectious people be bypassed by labeling?

Background. OTC (over-the-counter, i.e. not requiring a prescription) rapid antigen covid-19 tests are the tests which detect pieces of viral proteins using lateral flow paper strips. Infected ...
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1answer
140 views

Can insurance companies in the US give a premium discount to people who get a COVID-19 vaccine?

There is abundant evidence that many COVID-19 vaccines, e.g. from Moderna, Pfizer, AstraZeneca-Oxford etc., dramatically reduce morbidity and mortality. They thus reduce costs to medical insurance ...
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104 views

In Austria, is a disclaimer that your device is not a medical device enough even if all your other material suggests it is a medical device?

This company "powerinsole" in Austria makes wild claims about the scientific merits of it's medical device "powerinsole". It is a device they claim uses electro resonance to ...
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1answer
154 views

Is GP in breach of any laws or ethical standards by refusing to refer a seriously ill patient for community Intravenous therapy?

The NHS GP refuses to refer a seriously ill patient for community intravenous therapy. His reason is that the patient does not meet the criteria, but after speaking to the community intravenous ...
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38 views

Is it legal for a physician to refuse to give a lab collection requisition for a lab that isn't affiliated with the physician?

I wonder the following: a physician in California, United States, gives to their patient a laboratory test requisition (e.g., a blood test) that is only valid in a lab affiliated with the physician. ...
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1answer
83 views

The legally blind vs medical intake forms

A fiercely independent, elderly, and legally blind woman walks into a doctor's office. Since she can’t read the intake forms, she requests the staff help her fill them out. Rather then help her, the ...
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1answer
90 views

Do NYS healthcare providers have a legal time limit to get your medical test results to you?

United States (New York state) here. My wife got some bloodwork done at her doctor's office a few weeks ago, and she confirmed last Monday (2/2/21) with their office that the results were back, but ...
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4answers
5k views

Can an incapacitated individual consent to marriage?

A friend was to be married on Saturday afternoon. He suffered a debilitating stroke Saturday morning. Today he can respond to verbal prompts to move his left hand a bit. This occurred in the USA in ...
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2answers
158 views

The Californian Mask Laws of 1918

I am trying to find the text or at least the proper citation for the mask laws in San Francisco and other cities in 1918. However my research only tells me that they existed, when they were enacted ...
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58 views

What are the privacy implications of using a prescription discount from the manufacturer?

Healthcare providers and pharmacies will sometimes offer a manufacturer card or coupon to provide a discounted price for a prescription product. My understanding is that pharmacies are bound by HIPPA ...

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