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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laboratory results being withheld until payment received from self pay patient

Is it legal for a Laboratory to withhold results from the ordering provider until a self pay patient pays their bill in full?
Dani's user avatar
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Does the FDA have authority to regulate medical devices which aren't marketed?

I'd like to know if there is anything in US law that gives the FDA authority over medical devices which aren't marketed; and where that is in the law specifically. I did a quick search of Title 21, ...
ZenTangle's user avatar
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98 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 ...
Michael Kay's user avatar
3 votes
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57 views

If a medic claims on a medical report that he is a fellow of a specialist medical college when he no longer is, what kind of wrong is committed?

If a medic claims on a medical report that he is a fellow of a specialist medical college, but actually he isn't, because his membership lapsed many years ago, is he committing an actionable wrong ...
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3 votes
1 answer
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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 ...
Zuriel's user avatar
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2 votes
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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, ...
Kara S.'s user avatar
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104 views

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 ...
AncientSwordRage's user avatar
2 votes
0 answers
68 views

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 ...
user3358338's user avatar
2 votes
0 answers
66 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 ...
Dave's user avatar
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Is there any law limiting the extent to which one can grow brains in a lab in the United States? (e.g., max number of neurons, synapses, etc.)

Is there any law limiting the extent to which one can grow brains / brain organoids in a lab in the United States (e.g., max number of neurons, synapses, etc.)? E.g. to study brain diseases {1} or add ...
Franck Dernoncourt's user avatar
2 votes
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456 views

Can plastic surgery office deny removing your before pictures from your file?

I was a patient @ Evolution MD. It is a plastic surgery / med spa that offers various treatments. I had a genital bleaching done a month ago, some pictures where taken and I was informed it was for my ...
Alessia's user avatar
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0 answers
136 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, ...
Anon's user avatar
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2 votes
0 answers
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If a doctor orders a Genome test from a patient

Does a patient have the right to obtain any data collected from a genetic test in the state of California?
user5434678's user avatar
1 vote
0 answers
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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 ...
paulj's user avatar
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1 answer
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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 ...
JustBeingHelpful's user avatar
1 vote
0 answers
118 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
1 vote
0 answers
53 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
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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 ...
puzzled's user avatar
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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 ...
User65535's user avatar
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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 ...
COOKIES's user avatar
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Can discipline on a professional medical license be expunged if it is 25 years old?

I voluntarily surrendered a nursing license 25 years ago because of substance use. I was licensed 5 years ago in a different state that I moved to after extensive investigation by the board of nursing ...
Deb Kromis's user avatar
1 vote
0 answers
81 views

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 ...
dirigble22002's user avatar
1 vote
0 answers
84 views

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 ...
user44533's user avatar
1 vote
0 answers
104 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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1 vote
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45 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 ...
Keshav Srinivasan's user avatar
1 vote
0 answers
58 views

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 ...
fundagain's user avatar
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Is there a legal professional who can be hired to assist with insurance for patients with complicated medical needs?

Is there a specific category of legal professional that could be hired specifically to assist with the filing of the paperwork and management of insurance claims on behalf of an individual? I am not ...
Freiheit's user avatar
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1 vote
0 answers
52 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 ...
nick012000's user avatar
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1 vote
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32 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, ...
DJG's user avatar
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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 ...
Jona's user avatar
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1 vote
0 answers
22 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 ...
Franck Dernoncourt's user avatar
1 vote
0 answers
275 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 ...
anonymous's user avatar
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1 vote
0 answers
51 views

Medicaid legal criteria on a persons physical condition

To begin, I am looking for specific legal criteria for Medicaid in Pennsylvania or with the Federal government regarding a persons physical assessment/qualification for Medicaid and not financial ...
closetnoc's user avatar
  • 466
1 vote
0 answers
66 views

Is it legal for an Austrian doctor to advertise real estate?

This question is about Austrian law. Imagine there is a real estate agent, who helps people buy and sell properties. Many of his elderly clients sell the property they have, with that money buy a ...
Glory to Russia's user avatar
1 vote
1 answer
237 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 ...
myname's user avatar
  • 333
0 votes
0 answers
28 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
0 votes
0 answers
47 views

MDR - Is an app that supports physiotherapy patients in doing their exercises regularly a medical device according to the MDR?

With the introduction of the medical device regulation (MDR), there is a lot of ambiguity about which risk-class specific software is. And developing a medical device is linked to a lot of work and ...
TjardL's user avatar
  • 43
0 votes
0 answers
74 views

Does FDA require Clinical Research Companies/labs required to use relational/non-relational databases to store or document clinical trial data?

Are American Clinical Research Companies or laboratories doing analysis for clinical trials required to use relational databases or non-relational databases or Relational Database Management Systems ...
Coo's user avatar
  • 315
0 votes
0 answers
71 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 ...
user avatar
0 votes
0 answers
90 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 ...
Coder2195's user avatar
  • 127
0 votes
0 answers
157 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 ...
bradgonesurfing's user avatar
0 votes
0 answers
44 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. ...
Franck Dernoncourt's user avatar
0 votes
0 answers
61 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 ...
pseudon's user avatar
  • 123
0 votes
0 answers
71 views

Is video content including an unnamed patient's face HIPAA compliant?

In a conference setting, practicing doctors may show video of their patients receiving treatment or undergoing an evaluation. The videos often include the patient's face, but are never named. These ...
user avatar
0 votes
1 answer
139 views

Do I have a case to challenge a private medical invoice that wasn't covered by insurance?

I had private medical insurance as part of my employer, I rang up in October for an appointment and one was "authorised" for January. I then left my job in December and still attended in January. (I ...
Adam's user avatar
  • 33
0 votes
1 answer
119 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 ...
riAToNdH's user avatar
0 votes
1 answer
87 views

Do medical staff report wounds from rubber bullets like they do for gunshot wounds?

This question comes from a curious debate I'm in the middle of. Thankfully it's a completely wound-free debate (physically speaking). But I'm not certain if a rubber bullet wound is 'real' gunshot ...
Nutel's user avatar
  • 11
0 votes
1 answer
126 views

Using accessible taxicab rides as a medical deduction if labeled as a therapy

I once heard my tax accountant saying that taxi rides can only be used as a medical expense if they are for a medical appointment. Let's assume a disabled person cannot drive a handicap vehicle, ...
JustBeingHelpful's user avatar
-1 votes
0 answers
45 views

Laws related to using frozen sperm in surrogacy UK

When freezing sperm fertility clinics describe separate procedures depending on whether you want to be able to eventually use the frozen sperm for surrogacy or not. In order to be able to use it for ...
anonforembarrassingquestions's user avatar
-3 votes
1 answer
503 views

Dmha/octodrine legality in europe, preferably in latvia but generally in europe would give a good picture

Its a fat burner/stim a couple of years ago was widely available in pre workouts/fat burners but i havent seen in in a while. Alternative names are Ottodrina; Vaporpac; Amidrine; 2-Amino-6-...
Richard's user avatar