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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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Do patients have the right to foot moulds / models from chiropodists? [closed]

If a chiropodist produces a 3D model or mould from a patient's foot in order to produce orthotic insoles, is the chiropodist required to retain the model or mould for a particular period of time? Does ...
Griffin's user avatar
  • 95
39 votes
3 answers
3k views

What enforcement exists for medical informed consent?

I'm in the USA, New York. I find nowadays that it's common -- maybe the majority of cases -- in which forms are to be signed for some medically-related purpose, that the system and/or provider ...
Daniel R. Collins's user avatar
-2 votes
1 answer
69 views

Should I pay copyright for referencing/citing published work in a paid service? [closed]

I am not familiar with copyright law. We want to make a paid service (i.e. a mobile app) that publishes manuals for procedures and other medical information thats written entirely by our staff. We ...
chromosome's user avatar
0 votes
1 answer
121 views

Can an employee be sued in civil court for HIPAA violation? [closed]

The question is based on a video that has been circulating on youtube. The (supposed) situation was that a man donated sperm to a sperm bank; which is supposed to legally protect the donor from child ...
user3885's user avatar
  • 137
-2 votes
1 answer
83 views

Doctors retaining images of ID cards?

There's another question about whether you can be compelled to show identification to a medical provider. But it's not just showing your drivers license or state identification card—nowadays they ...
Adrian McCarthy's user avatar
0 votes
0 answers
189 views

Is genital "nullification" legal in Europe?

Is it legal for health professionals to perform these operations described here, under the heading "genital nullification", in Europe, safely and to consenting adults. Genital nullification,...
user66697's user avatar
  • 109
8 votes
1 answer
1k views

Is a doctor's diagnosis in clinical notes, made without a confirmatory test, admissible evidence in an assault case in California?

I am unsure of the exact process for diagnosing a concussion, but I assume it typically involves an examination to confirm the diagnosis. My doctor diagnosed me with a mild concussion based on my ...
Elias e.'s user avatar
  • 107
0 votes
1 answer
62 views

Must medical providers initiate a refund when they charge a customer more than the insurance-adjusted amount?

Assume an individual in the United States went to a medical provider and got charged at the end of the visit, by the provider's billing staff. The billing staff knew that this visit was partially ...
Franck Dernoncourt's user avatar
-2 votes
1 answer
91 views

Does a defamatory statement have to be public?

(US context) Most of the time, defamation suits seem to involve writings or statements that are read or heard by members of the public. I know that in specific situations--say employment--someone ...
Sheri M's user avatar
1 vote
0 answers
51 views

What laws relate to the taking/possessing of foetuses?

The news today is an anti-abortion activist has been jailed. This story includes the point that in 2022 police discovered five foetuses at the home where was arrested and had lived or stayed. That ...
User65535's user avatar
  • 7,552
-4 votes
1 answer
70 views

Does working under the name of a company protect me when it comes to working under my own name? [closed]

If we have a computer programmer who also happens to be a fitness athlete, and decides to develop a fitness application to help people manage their weight and daily activities, including creating ...
best_of_man's user avatar
0 votes
1 answer
83 views

Legal advice for problems with a coworker in healthcare which can risk professional licensing [closed]

I'm writing this in behalf of another person, let him be John. John is a licensed (university degree) healthcare professional working in the UK. He is having problems with a co-worker, and these ...
Martel's user avatar
  • 103
13 votes
3 answers
5k views

On American Jury Duty and Doctors' Letters to the Contrary

In the United States, can someone be legitimately be summoned for jury duty when a doctor provided a letter with medical reasons to the contrary?
DDS's user avatar
  • 1,273
1 vote
1 answer
189 views

Discharging patient under influence of anesthesia without an emergency contact to bring patient home

If a healthcare facility discharges a patient who is still under the influence of anesthesia after a medical procedure without an emergency contact to bring the patient home and the patient walked out ...
HelloDarkWorld's user avatar
4 votes
2 answers
205 views

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 ...
Robert Columbia's user avatar
-1 votes
1 answer
96 views

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 ...
Neville King's user avatar
0 votes
0 answers
35 views

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 ...
Zekka Nelson's user avatar
13 votes
2 answers
4k views

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 ...
Someone's user avatar
  • 17.1k
1 vote
0 answers
64 views

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 ...
paulj's user avatar
  • 1,584
10 votes
2 answers
1k views

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 ...
Ineedhelp's user avatar
  • 109
5 votes
1 answer
448 views

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 ...
Stančikas's user avatar
0 votes
1 answer
151 views

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,...
Stančikas's user avatar
1 vote
1 answer
61 views

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 ...
JustBeingHelpful's user avatar
4 votes
2 answers
406 views

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 ...
Hilmar's user avatar
  • 1,323
0 votes
1 answer
246 views

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 ...
Matthias Nicklisch's user avatar
1 vote
1 answer
90 views

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 ...
Kovy Jacob's user avatar
2 votes
0 answers
811 views

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, ...
Kara S.'s user avatar
  • 21
0 votes
1 answer
96 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....
paulj's user avatar
  • 1,584
0 votes
1 answer
193 views

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 ...
Alex Anderson-Mcleod's user avatar
4 votes
1 answer
167 views

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 ...
Lima's user avatar
  • 41
2 votes
1 answer
220 views

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 ...
Bob's user avatar
  • 1,221
1 vote
0 answers
127 views

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 ...
Adrian McCarthy's user avatar
-2 votes
1 answer
119 views

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 ...
Cromon's user avatar
  • 213
0 votes
1 answer
441 views

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 ...
roganjosh's user avatar
  • 397
2 votes
4 answers
300 views

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 ...
Ethan's user avatar
  • 1,966
10 votes
1 answer
2k views

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 ...
Ethan's user avatar
  • 1,966
8 votes
3 answers
2k views

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, ...
paulj's user avatar
  • 1,584
0 votes
1 answer
57 views

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 ...
M Katz's user avatar
  • 121
1 vote
0 answers
70 views

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 ...
M Katz's user avatar
  • 121
3 votes
2 answers
278 views

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 ...
Fraser Orr's user avatar
5 votes
2 answers
3k views

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 ...
R. Romero's user avatar
  • 177
1 vote
0 answers
52 views

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 ...
puzzled's user avatar
  • 341
1 vote
1 answer
170 views

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 ...
user avatar
10 votes
2 answers
5k views

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, ...
zwiebelspaetzle's user avatar
3 votes
1 answer
68 views

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 ...
Bob's user avatar
  • 1,221
1 vote
2 answers
100 views

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 ...
Bob's user avatar
  • 1,221
1 vote
0 answers
38 views

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 ...
User65535's user avatar
  • 7,552
2 votes
1 answer
42 views

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 ...
Coo's user avatar
  • 311
3 votes
1 answer
107 views

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 ...
Brigadeiro's user avatar
1 vote
1 answer
91 views

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 ...
Budd Kraken's user avatar

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