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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My 14-year-old son stripped completely naked for an examination and the doctor allowed her 12 year old daughter to be present while this happened

Was it legal for my son's doctor to allowed her daughter to stay in the room while my son was naked?
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7 votes
1 answer
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How Much Protection Does the Americans with Disabilities Act afford individuals with Sleep Disorders?

I have some pretty complicated sleep apnea (diagnosed, service connected) that is in the process of being treated. Unfortunately, the type of device I require is on a significant back-order and there'...
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What liability do hospitals have for timely care, if they think you're faking it?

A while ago my girlfriend was admitted to hospital. She had intense 10/10 pain from one of her ovaries, and ended up having to have it removed. Unfortunately, she was made to wait for around 6 hours ...
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2 votes
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How does HIPAA apply to foreign entities?

Since HIPAA is a U.S. law, my guess is that it only protects U.S. citizens or residents, but is there any part of the law that explicitly limits its protections to such persons? More practically, if a ...
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My pediatrician would not see my child until I pay a bill that I don't owe

Yesterday I took my child to the pediatrician's office as she was ill. We were told that we had an outstanding bill and unless we pay it, the pediatrician will not see my child. We were very confused ...
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Is self-reported wellness covered by HIPPA?

Suppose that a developer creates a website where people can enter daily information on how they feel (energy, back pain, mood, etc.). A person's information would be available to his or her ...
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Is there a Constititional right to medical care other than an abortion?

tl;dr version: I have a Constitutional right to pay for an abortion from a willing medical provider, even if a local statute purports to forbid it. Do I have an analogous general Constitutional right ...
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Can NH physicians order an end to parental rights for refusal of treatment or evaluation?

If you would like a concrete example, consider parents of a healthy infant who was born premature and ill but is no longer in any apparent need of medical treatment. The hospital staff asks the ...
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Is it legal for a medical test center in Florida to knowingly lie to a patient about the outcome of a test?

There is a Twitter anecdote about someone who had himself tested for COVID twice at the same lab in Florida and was both times told he tested negative, but when he asked for the physical documents ...
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Can editorial bias be considered medical advice?

In an issue where the scientific community is far from united, could an editorial bias in the media (stories and ads run vs censored or ignored) be considered medical advice and practicing medicine ...
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Does a company’s T&C or their house rules supersede law and is asking private health status (including the request to wear a mask) an offence?

In January 2022 I used an airline to fly from UK to Spain. As soon as I boarded, I made myself comfortable and ready to sleep as I had no opportunity to do so the night before. I took my mask off as I ...
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Are instructions for over-the-counter drugs legally binding?

While it is a crime to use certain drugs or to use prescription drugs in a way not prescribed by your doctor, what about over-the-counter drugs? If, for example, the instructions of an over-the-...
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Can lab refuse to release test results to ordering physician until getting paid?

My doctor ordered a genetic testing to a lab in New Jersey which is out-of network for my insurance. The lab didn't submit a claim to my insurance, instead directly sent me a bill and tell me that ...
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Which law dictates what medical research is and the conditions under which it can be carried out?

According to an answer to this post, the legality of asking someone questions about what they experienced after consuming a drug changes if the questioner initiated the consuming of the drug, in which ...
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What are the requirements to have someone who is suicidal held involuntarily if they presented for help to A&E?

In the U.K (speciffically England) if someone experiencing a mental health crisis and non-specific suicidal thoughts attends A&E seeking support and coping strategies, whether that is advice or ...
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Is it legal to say I live at another address to Medi-Cal?

My wife and I got a house that we were told was still in the same county. Turns out only the mailbox is, but sone. Since the house is in another county we're being forced to change Medi-Cal plans, ...
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Can employer ask about medical information such as vaccines (not specifically COVID19)?

Regarding employers asking for proof of COVID19 vaccination, my friend argued this is illegal because they aren't allowed to ask for other medical information (such as vaccination against Hepatitis C) ...
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Litigating personal injury in Germany due to lack of proper testing

I have read various articles that litigating for damages due to injury against medical professionals or clinics is an uphill battle. See here In simple terms, the case is as follows: A and B both got ...
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Can medical information (such as expected time until a terminal condition occurs) be witheld from minors?

(not including mental issues) Do medical professionals have an obligation to tell the patient their findings, or can they just tell the parents and leave it up to their judgement whether or not the ...
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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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1 vote
1 answer
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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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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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3 votes
1 answer
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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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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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3 votes
1 answer
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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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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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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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2 votes
2 answers
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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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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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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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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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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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2 answers
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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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4 votes
1 answer
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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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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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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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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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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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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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2 votes
6 answers
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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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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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21 votes
3 answers
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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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3 votes
1 answer
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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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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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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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2 votes
1 answer
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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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1 answer
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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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2 votes
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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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