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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2answers
148 views

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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2answers
284 views

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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14 views

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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1answer
48 views

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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2answers
120 views

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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1answer
159 views

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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2answers
156 views

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 businesses required to follow what these ID cards say? https://vaxcontrolgroup.com/
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1answer
65 views

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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114 views

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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1answer
90 views

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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1answer
115 views

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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6answers
201 views

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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2answers
93 views

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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3answers
9k views

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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16 views

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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1answer
89 views

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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69 views

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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65 views

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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80 views

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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1answer
104 views

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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1answer
86 views

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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1answer
62 views

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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55 views

At what point does a bunch of ingredients become a medicine?

In most if not all countries it is illegal to sell unlicensed medicines and medical treatments. It is however legal to sell the reagents, equipment and instructions to individuals for them to create ...
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2answers
11k views

Is the President at the top of all organ waiting lists?

In the United States, people can often wait for years on organ lists before receiving the organ they need. Does the President automatically move to the top of these lists, should they find themselves ...
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1answer
94 views

Is it illegal for a hospital to hide the doctor name from patient?

I had an ultrasound at a hospital. The doctor over there gave me some recommendations. I wasn’t sure about these recommendations and wrote an email to the management asking other doctors to review ...
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2answers
102 views

Can an employee be penalized for missing work due to medical appointment?

Can an employer discipline an employee for taking time off work for a medical appointment? What if the employee is still on the probation period? I won't get into specific details, but a somewhat ...
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4answers
8k views

If I ask my doctor to order a blood test, can they refuse?

In New York, USA, If I go to my doctor's office and request that they order a specific blood test for me, can they refuse? Is there anything in HIPAA (or other laws) that compels a medical ...
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2answers
93 views

Do you have to pay for a dissatisfactory medical service? [closed]

I went to a hospital and they charged me $5,000. The doctor was absolutely incompetent and due to his fault the result of the procedure were bad. I am on my way to o healing, but it was NOT good. I ...
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1answer
95 views

Can I make a website explaining how to DIY a medical treatment which is not currently approved?

There is a medical treatment which saves lives around the world, but not currently available in the USA, because of new regulation. However this treatment can be easily performed on a DIY basis. There ...
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39 views

Can an employer mandate an EUA-approved vaccine?

Liberal political commentator Matt Yglesias just tweeted this: I’m not an expert in Vaccine Law. But the military requires a lot of vaccinations but says it can’t require the Covid vaccines because ...
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1answer
84 views

Can the need for FDA authorization of a tool to find infectious people be bypassed by labeling?

Background. OTC (over-the-counter, i.e. not requiring a prescription) rapid antigen covid-19 tests are the tests which detect pieces of viral proteins using lateral flow paper strips. Infected ...
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1answer
138 views

Can insurance companies in the US give a premium discount to people who get a COVID-19 vaccine?

There is abundant evidence that many COVID-19 vaccines, e.g. from Moderna, Pfizer, AstraZeneca-Oxford etc., dramatically reduce morbidity and mortality. They thus reduce costs to medical insurance ...
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57 views

Refusal to discharge from a private hospital in New Delhi, India

I will give a background of the situation. 70-80 year old is admitted to a hospital due to chest pain... feels fine after a few days... hospital pressurized for a endoscopy... endoscopy causes hole ...
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98 views

In Austria, is a disclaimer that your device is not a medical device enough even if all your other material suggests it is a medical device?

This company "powerinsole" in Austria makes wild claims about the scientific merits of it's medical device "powerinsole". It is a device they claim uses electro resonance to ...
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1answer
124 views

Is GP in breach of any laws or ethical standards by refusing to refer a seriously ill patient for community Intravenous therapy?

The NHS GP refuses to refer a seriously ill patient for community intravenous therapy. His reason is that the patient does not meet the criteria, but after speaking to the community intravenous ...
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33 views

Is it legal for a physician to refuse to give a lab collection requisition for a lab that isn't affiliated with the physician?

I wonder the following: a physician in California, United States, gives to their patient a laboratory test requisition (e.g., a blood test) that is only valid in a lab affiliated with the physician. ...
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1answer
81 views

The legally blind vs medical intake forms

A fiercely independent, elderly, and legally blind woman walks into a doctor's office. Since she can’t read the intake forms, she requests the staff help her fill them out. Rather then help her, the ...
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1answer
87 views

Do NYS healthcare providers have a legal time limit to get your medical test results to you?

United States (New York state) here. My wife got some bloodwork done at her doctor's office a few weeks ago, and she confirmed last Monday (2/2/21) with their office that the results were back, but ...
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4answers
5k views

Can an incapacitated individual consent to marriage?

A friend was to be married on Saturday afternoon. He suffered a debilitating stroke Saturday morning. Today he can respond to verbal prompts to move his left hand a bit. This occurred in the USA in ...
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2answers
154 views

The Californian Mask Laws of 1918

I am trying to find the text or at least the proper citation for the mask laws in San Francisco and other cities in 1918. However my research only tells me that they existed, when they were enacted ...
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0answers
56 views

What are the privacy implications of using a prescription discount from the manufacturer?

Healthcare providers and pharmacies will sometimes offer a manufacturer card or coupon to provide a discounted price for a prescription product. My understanding is that pharmacies are bound by HIPPA ...
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1answer
137 views

Can a Pediatric Dentist Require Conscious Sedation or Refuse Treatement?

Pediatric Dentists regularly administer oral sedatives ("conscious sedation") to perform dental work on young children or toddlers because it makes them "cooperate" better. If a ...
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In 1940 Ireland, could a man with a venereal disease obtain a condom legally?

My questions arise from a scenario in Finnegans Wake by James Joyce, published in 1939, and pertain to Irish contraception and medical laws around or before 1939. Contraception was illegal in Ireland ...
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1answer
88 views

Liability for vaccination required by employer

Suppose a current employee of some company is required by that company to receive a certain vaccination to remain employed. If the employee suffers damages by receiving the vaccine and it can be shown ...
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2answers
498 views

Can a person be vaccinated against their will in Austria or Germany?

Is it legal for someone to be vaccinated against their will in Germany and Austria? Are there reasonable circumstances, under which this would be legal (e. g. if the government declares martial law ...
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1answer
101 views

How do American stemcell clinics legally justify themselves? [closed]

In the United States, the FDA is actively warning to stem cell clinic, for example; https://www.fda.gov/consumers/consumer-updates/fda-warns-about-stem-cell-therapies However, many stemcell clinics ...
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2answers
98 views

If a public pharmaceutical company came up with a cure for a serious disease, is it possible they could not legally make it available?

Publicly traded companies, for better or worse, have legal obligations to their shareholders. If a publicly traded pharmaceutical company could make more profit for their shareholders by selling a ...
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2answers
219 views

Is it legal to sell eyeglasses without a current prescription?

I lost a pair of eyeglasses and contacted the store from which I bought them asking if they could sell me an identical replacement. A clerk there said that they can't because my "prescription ...
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2answers
6k views

Can a vaccine be required by law?

This question came up because I read that Bolsonaro, Brazil's president, was criticized by the opposition for saying that COVID-19 vaccinations won't be mandatory. The opposition said that the vaccine ...
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4answers
1k views

Can the law limit what heath care providers I see if I have commercial and medicaid?

There's a bit of story to this: We had been trying to find a therapist for my son. We wanted one that we felt comfortable with. We didn't care if the provider was out of network or if we'd have to pay ...

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