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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26 views

What options does a resident of Spain with a 2 month visa awaiting approval for an important quality of life surgery have? [closed]

A good friend of mine is feeling out of options. She traveled to the U.S. three weeks ago to get a surgery from one of the best doctors in the country for her condition. She's now stuck alone at a ...
25
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4answers
11k views

Is it legal to purposefully contract COVID-19?

I may have a number of reasons for wanting to intentionally expose myself to the coronavirus. (Examples: I feel more capable of surviving it while I am younger. It reduces my ability to carry and ...
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0answers
46 views

Is gidazepam considered legal in Ukraine?

I've checked the table of illegal drugs, and it seems like every other benzodiazepine is in there. But for some reason gidazepam is not. So is it considered legal (because I'm not sure)?
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1answer
43 views

Does a doctor have to release medical records from the last 5 years?

My mother stopped seeing a doctor about a year ago. She has been without a PCP. She just procured a new one and was asked to get her medical records. Her old doctors office told me today that those ...
15
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5answers
4k views

Could a charity manufacture patented medications for free?

Let's say there is a patented medication that is very effective and very expensive at the pharmacy, say $1,000/dose. But also assume that the medicine only costs $1 to formulate - most of the "cost" ...
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12 views

California Unruh Act Medical Condition Definition

I was surprised to learn that the Unruh Act uses a really narrow definition of "medical condition" which only includes cancer and "genetic disorders." Los Angeles municipal code also protects AIDS ...
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1answer
30 views

Paid sick leave for full-time employee in DC

According to the District of Columbia’s Accrued Sick and Safe Leave Act, both full- and part-time employees to be paid sick and safe leave for use under certain circumstances. I'm working as a ...
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1answer
83 views

Is it Illegal for a Debt Collection Agency to Collect on an Individual for a Worker's Compensation Claim?

If someone were to have a worker's compensation claim in Texas that had been approved but unpaid, can the medical provider legally file a claim against the injured? More specifically, the employer ...
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2answers
39 views

Are documents generated by the patient part of psychotherapy notes under HIPAA?

HIPAA defines psychotherapy notes as follows (emphasis added): Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or ...
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3answers
151 views

Does this sound like I should get a lawyer and does anyone have any suggestions for what lawyer?

I had breast cancer and was seeing a plastic surgeon for reconstruction. I had several problems with infections and had several surgeries to place expanders and take them out. During my second to last ...
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1answer
65 views

Limits to Gillick Competence

Please note: Gillick Competence is not to be confused with the Fraser Guidelines which is only concerned with contraception. Gillick Competence is: a term originating in England and is used in ...
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1answer
34 views

Can I refuse a 2nd drug test after “failing” The first from a doctor writing my medication

I live in Virginia and I recently took a urine drug test my psychiatrist wanted because he was prescribing Valium. Came back that I had a different Benzodiazepine in my system that I have never been ...
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1answer
45 views

What recourse does a patient have in the event of accidentally false medical records?

This story relates to my husband. He's 35 years old and had a vasectomy a few months ago. After the waiting period, he underwent the lab test to check that the procedure was successful. A few days ...
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1answer
96 views

Do I have a case to challenge a private medical invoice that wasn't covered by insurance?

I had private medical insurance as part of my employer, I rang up in October for an appointment and one was "authorised" for January. I then left my job in December and still attended in January. (I ...
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1answer
59 views

Wrongful Death Medical Malpractice

My Mom was killed by Kaiser, I have the hospital report. She died from sepsis but was on dialysis. They were giving her contraindicative drugs, treating her for diabetes, which she did not have and ...
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1answer
86 views

Could a Doctor Refuse to Treat a Patient in an Emergency?

Suppose a man commits a hate crime against (Hypothetical Church), and in the midst of the crime, the man is critically wounded by the police and rushed to the hospital. Suppose there is only one ...
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0answers
22 views

Is there a legal professional who can be hired to assist with insurance for patients with complicated medical needs?

Is there a specific category of legal professional that could be hired specifically to assist with the filing of the paperwork and management of insurance claims on behalf of an individual? I am not ...
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1answer
32 views

Cobra medical benefits life event

My employer has several health ins plans. My employer is required to provide Cobra coverage as it has several dozen employees. If I were to choose one during open-enrollment, then get laid-off, the ...
2
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0answers
72 views

Can plastic surgery office deny removing your before pictures from your file?

I was a patient @ Evolution MD. It is a plastic surgery / med spa that offers various treatments. I had a genital bleaching done a month ago, some pictures where taken and I was informed it was for my ...
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2answers
2k views

Are medical malpractice lawsuits part of the public record?

I know most lawsuits in the U.S. are part of the public record. Exceptions can be made to remove the names of minors etc., but, for the most part, lawsuit details are openly available. With that said, ...
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1answer
72 views

Bill of Rights protection against mandatory vaccination?

Does the the "privacy" protection afforded by the Bill of Rights covers unwanted medical treatments, including unwanted drug taking, notably mandatory vaccines?
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1answer
84 views

Practicing medicine across state lines

An answer to a question on MedicalSciences.SE prompts my question. Suppose I live in Wisconsin and I fly to Texas to undergo a procedure with a specialist there (I chose the states arbitrarily; I'm ...
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0answers
79 views

Does US federal law prohibit the possession of an uncontrolled prescription drug without a prescription, and if so, according to which provision?

What specific provision in US federal law, if any, prohibits the possession of an uncontrolled prescription drug without a prescription? I've had a lot of trouble finding the answer to this question, ...
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0answers
42 views

Does a GP sending patient info to a hospital without asking for consent violate medical ethics?

So, let’s say that you went to a General Practitioner (GP) about some pain, got some tests done, and they told you that you were fine; all the tests came back normal. Then, some time later, they look ...
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1answer
87 views

What can qualify as a terminal illness with respect to assisted suicide?

As an example, HIV used to be considered a terminal disease by doctors. Nowadays, there are treatments which extend life significantly for HIV patients, and doctors consider it to be a manageable ...
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0answers
56 views

Drug test, pharmacist father good friends with nurses and doctors

I have a doctor's appointment today with an orthopedist to check out m my inflamed sciatica. My father is a local pharmacist, and the doctors office is literally behind the pharmacy. Needless to say ...
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1answer
60 views

When does medical privacy start?

In a conversation between, say, Alice and Bob, if Bob shares his medical history with Alice, under which conditions is this information considered private medical information? If Alice is a ...
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0answers
28 views

What’s the legality of creating gametes from deceased individuals?

If I recall correctly, there are laws prohibiting human cloning and regulating stem cell research. Would the creation of a gamete--say, a sperm cell--from the genetic material of a deceased person, ...
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0answers
69 views

Insurance paid bill outside coverage and sent the bill to collections - Is that debt legitimate?

Around a year ago, my dad was moving between insurance companies and was on Medicare in the middle. During that time he incurred a medical bill (actually several, but only one at issue) which should ...
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0answers
14 views

Can a medical provider be paid to display some advertisement for medical services/treatments/products in their office?

Can a medical provider be paid to display some advertisement for medical services/treatments/products in their office? If so, does the medical provider have to disclose that they had received ...
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1answer
105 views

How can nicotine be legal for a pregnant lady? [closed]

If a Lady is tested positive for THC it is illegal and depending on location one can be arrested and the baby taken, but if they smoke cigarettes to cause the unborn baby to die there is no penalty? ...
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1answer
76 views

Getting Sued for Second Medical Opinion

I'm thinking about building an online platform that helps people get second medical opinions from doctors in the UK. Is there a possibility that the doctors on the platform could get sued for medical ...
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2answers
344 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 ...
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4answers
318 views

Is a Blood sample considered Personal Data under GDPR?

Just that simple question: Is a Blood sample considered Personal Data under GDPR?
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1answer
38 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 ...
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2answers
104 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, ...
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1answer
26 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 ...
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1answer
139 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 ...
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2answers
131 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
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1answer
96 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 ...
4
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3answers
384 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,...
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1answer
92 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
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1answer
72 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
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1answer
53 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 (...
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1answer
587 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
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1answer
2k 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 ...
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2answers
83 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 ...
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3answers
225 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
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1answer
223 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) ...
3
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1answer
103 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?...