Questions tagged [medical]
For questions dealing with medical and healthcare law, such as informed consent, malpractice, and prescription or other medicine.
306
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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 ...
-1
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1
answer
95
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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 ...
0
votes
0
answers
28
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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 ...
12
votes
2
answers
4k
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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 ...
1
vote
0
answers
59
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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 ...
9
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2
answers
911
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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 ...
5
votes
1
answer
373
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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 ...
0
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1
answer
147
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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,...
1
vote
1
answer
54
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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 ...
4
votes
2
answers
335
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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 ...
0
votes
1
answer
153
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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 ...
1
vote
1
answer
85
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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 ...
2
votes
0
answers
321
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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, ...
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....
0
votes
1
answer
192
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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 ...
3
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1
answer
130
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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 ...
2
votes
1
answer
107
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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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vote
0
answers
121
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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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1
answer
118
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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 ...
0
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1
answer
295
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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 ...
2
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4
answers
289
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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 ...
10
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1
answer
2k
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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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3
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2k
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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, ...
0
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1
answer
48
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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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vote
0
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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 ...
3
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2
answers
227
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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 ...
5
votes
2
answers
3k
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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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0
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51
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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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1
answer
127
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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 ...
10
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2
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5k
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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, ...
3
votes
1
answer
61
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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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2
answers
95
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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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0
answers
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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 ...
2
votes
1
answer
42
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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 ...
3
votes
1
answer
91
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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 ...
1
vote
1
answer
89
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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 ...
0
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1
answer
51
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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 ...
4
votes
1
answer
545
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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 ...
1
vote
1
answer
100
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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 ...
3
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1
answer
135
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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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1
answer
74
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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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3
answers
98
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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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2
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289
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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 ...
1
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0
answers
47
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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 ...
1
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2
answers
177
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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 ...
0
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1
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113
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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 ...
3
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2
answers
278
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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, ...
2
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1
answer
70
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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 ...
7
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3
answers
908
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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 ...
3
votes
1
answer
67
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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 ...