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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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, ...
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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....
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
user42021
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Is "biological sex" legally defined in the context of financial regulation or know-your-client regulations wrt a Bahamas financial firm?
I was signing up to a financial service the other day, and one of the questions was: "Biological Sex" with the options in a dropdown of "Male/Female". I do not know much about the ...
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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, ...
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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 ...
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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 ...
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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 ...
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Is/Was funding or conducting gain of function research illegal?
I have seen a lot of claims made about "gain of function" research in regards to corona viruses, one of them being that it is or was "illegal". I wondered whether or not this claim ...
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If I fall into a vegetative state, can I donate my living body to science?
Full bodies can be donated posthumously, and living organs can be donated, but if I fall into a state where I am virtually useless as a human, kept alive by life support (or whatever the legal ...
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Having Guardianship over a parent and medical care
Imagine an adult child is given guardianship over his/her senile parent. Can the adult child force the parent to see a doctor against the parent's will?
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What laws would prevent the creation of an international telemedicine service?
Clearly, every country has its own medical system. I do not know what the single source of legality tends to be, but I assume the government appoints a minister of health, and the minister of health ...
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Giving information to patients about schedule 2 drug stocks at a retail pharmacy in Florida (US)
Context: There is currently a nationwide shortage of Adderall, a schedule 2 drug. One of the pieces of advice for patients is to see about getting the drug in a different formulation, as not all ...
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What rights would a healthy individual have if she ate spoiled food sold by a supermarket?
Suppose that an individual ate some spoiled food but she has no obvious symptoms due to her own healthiness and well-being. Suing the supermarket for medical bills is unrealistic; at the same time, ...
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MDR - Is an app that supports physiotherapy patients in doing their exercises regularly a medical device according to the MDR?
With the introduction of the medical device regulation (MDR), there is a lot of ambiguity about which risk-class specific software is. And developing a medical device is linked to a lot of work and ...
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Audio obfuscation for HIPPA compliance
I have audio files of medical conversations that require HIPPA level protection. I would like to send these files to a third party for transcription. However, the service I would like to use does not ...
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Is it possible to be reimbursed by the NHS or government for price difference of gluten-free food?
I've heard years ago that if one with gluten allergy saves receipts then since the diet is their medical treatment then the government reimburses the cost difference between GF and non-GF options. ...
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Can discipline on a professional medical license be expunged if it is 25 years old?
I voluntarily surrendered a nursing license 25 years ago because of substance use. I was licensed 5 years ago in a different state that I moved to after extensive investigation by the board of nursing ...
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Are there any legal limits on what can be done with a beating heart cadaver?
Are these legal limits on what can be done with a beating heart cadaver, where the person is an organ donor? I was thinking of the case of the recent pig kidney transplant, where they performed a ...
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