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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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2
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1answer
73 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
63 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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39 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
83 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
53 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
51 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
67 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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13 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
96 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
71 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
204 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
146 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
34 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
94 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, ...
1
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1answer
23 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 ...
1
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1answer
91 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 ...
3
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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
91 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 ...
2
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3answers
303 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
85 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
63 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
49 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 (...
1
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1answer
367 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
326 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
76 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 ...
4
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3answers
152 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
112 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) ...
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0answers
39 views

Question about Medicaid & Alimony

If someone does not qualify for Medicaid because their income is higher than the limit (due to disability & alimony payments), and then they agree to lower/cancel their alimony, would they be able ...
3
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1answer
92 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?...
1
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1answer
45 views

What are the types of authority required for the release of medical records?

I am filling out medical records release in the United States. I noticed that the signature requires the patient's signature or a person authorized to sign. It also states that if not the patient, ...
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3answers
171 views

Can a debt collector legally demand payment and threaten a credit score effect without validation of the debt until requested?

I live in the state of Maryland. Several years ago I went to the ER to have an injury treated. I presented my insurance at the time of the injury. About a month ago (several years after the ER visit) ...
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1answer
75 views

Is it legal to sell gases for human consumption (as supplements or otherwise) such as oxygen, nitrogen, or nitrous oxide

This question is based on the FDA's Federal Food, Drug, and Cosmetic Act, where they list medical gases as being regulated by the FDA. There is ambiguity, however, as the act puts an emphasis on high ...
2
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1answer
515 views

Do the HIPAA regulations in the United States prevent medical providers from disclosing relevant health information on patient A to patient B?

If a medical provider is aware of some health information on patient A that can affect patient B, do the HIPAA regulations still prevent the medical provider from conveying that information to patient ...
2
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1answer
113 views

Religious exemption to vaccines that relies on preservation of life

Almost every US state allows a religious exemption to vaccination requirements in schools. Some religions are opposed to vaccination as a basic principle (maybe because healing is reserved for God or ...
3
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0answers
89 views

Is it legal for an employer to implant chips in the body of employees?

It is being reported in the media that employers in the UK are planning to microchip employees. Can such a procedure be legal? A qualified medical professional would only be allowed to perform the ...
2
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1answer
610 views

Why are toxicology reports made public?

The recent news on Mac Miller's cause of death reminded me that I'm always puzzled when toxicology reports are made public. Is this mandated, and if so, is it by state or federal law? Why? Otherwise,...
1
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1answer
55 views

How do I protect my child's assets against medical expenses incurred by their potential guardian?

I am in the process of drafting a will for my estate and would like to designate friends of mine as potential guardians for my children in the event of my death. The concern I have is that my friends ...
1
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1answer
175 views

Is a tattoo providing medical instructions legally binding?

This article describes an 81-year-old woman who got a tattoo reading "Don't euthanize me" to express her medical wishes if she were incapacitated. The Calgary grandmother recently had the words “...
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2answers
62 views

Can a health provider (physical or mental) contact my family to ask them questions without my permission?

Can a health provider (physical or mental) contact my family to ask them questions about me without my consent? Can they do it if they don't disclose their reasoning or any medical information and ...
5
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1answer
346 views

Hospital billed me for services that I explicitly refused. Are there any legal ramifications for hospital?

(well, my wife). Background - we lost a pregnancy early this year. Got pregnant again. Wife had some spotting during first trimester, became panicky, and rushed off to a hospital. The main thing ...
2
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2answers
261 views

Does HIPAA prevent doctors from sharing statistics?

In the US, where HIPAA prevents doctors from disclosing patient information, can a doctor disclose information about his patients in general, since he's not disclosing information about any specific ...
1
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1answer
101 views

Can a medical invoice that was disputed collect interest and be due years later?

This is a bit embarrassing. A couple years ago I had been seeing a specialist doctor. I had been a victim of a crime, so the city/police department was paying for my treatment. It had been my ...
1
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1answer
202 views

Am I required to report my Multiple Sclerosis to the DMV?

I was recently told that in every state, you must report to the DMV if you have MS. However, I can not find anything to verify this. Is this correct? Specifically, I live in Alabama, but would be ...
3
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1answer
182 views

What organs can hospital patients not take home?

What amputated or removed organs, not limited to limbs, are hospital patients NOT allowed to take home in the U.S.? If the laws vary between states, then I'll focus on Washington State. Can amputees ...
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0answers
185 views

May I perform medical experimentation on myself without licensure?

I'm a retired cellular biologist and medical researcher whose license has been revoked, but I would like to continue a line of research with myself as my subject/patient. The research involves ...
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2answers
368 views

Free and informed consent for medical test

My company requires me to have life insurance for which I recently moved out of the provider's "free cover limit". Because of this I now have to submit to certain medical tests in order to have full ...
2
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2answers
283 views

Is there a rule for hospitals to hold child birth certificate if bill is not paid?

I have a visitor visa and gave birth at a hospital in Georgia and I couldn't get the birth certificate of my child because I didn't pay the hospital rule. I already talked to the hospital's medical ...
1
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1answer
68 views

Picture of a receipt from a Doctor

I had to go several rounds with a doctor's office about them not taking my insurance and them assuring me that the copay would be a certain amount. They then charged me 20x the quoted amount. I didn't ...
1
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1answer
52 views

In US, what happens if you owe money to doctor and forget about it?

If I owe money to some family physician or a dentist, but because my phone number has changed I was not able to be contacted by them. What does a doctor/dentist do if I owe them about $500 or so ? Is ...