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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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 ...
John Doe's user avatar
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24 votes
2 answers
10k views

Self incrimination during medical examination

If, during a medical examination, an alleged accused says anything that might incriminate himself, it should be neither recorded nor reported.[emphasis mine] source: Synopsis of forensic medicine and ...
JM97's user avatar
  • 351
24 votes
4 answers
12k views

Is it legal to purposefully contract COVID-19?

I may have a number of reasons for wanting to intentionally expose myself to the coronavirus. (Examples: I feel more capable of surviving it while I am younger. It reduces my ability to carry and ...
bandybabboon's user avatar
21 votes
2 answers
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 ...
fdkgfosfskjdlsjdlkfsf's user avatar
20 votes
3 answers
10k 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 ...
Ryan_L's user avatar
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19 votes
4 answers
10k 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 ...
hotmeatballsoup's user avatar
17 votes
4 answers
6k 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 ...
Kris's user avatar
  • 315
16 votes
5 answers
5k views

Could a charity manufacture patented medications for free?

Let's say there is a patented medication that is very effective and very expensive at the pharmacy, say $1,000/dose. But also assume that the medicine only costs $1 to formulate - most of the "cost" ...
YPCrumble's user avatar
  • 379
16 votes
5 answers
4k views

Can a government in the US enforce administration of a drug onto a US citizen during a public health crisis?

Is there a law or a judgment from a Court in the United States wherein it is established that a government (at any level) in the US, during an officially declared public health crisis, can enforce ...
Firelord's user avatar
  • 329
14 votes
2 answers
3k views

Are medical malpractice lawsuits part of the public record?

I know most lawsuits in the U.S. are part of the public record. Exceptions can be made to remove the names of minors etc., but, for the most part, lawsuit details are openly available. With that said, ...
user27343's user avatar
  • 548
13 votes
1 answer
2k 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 ...
conman's user avatar
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12 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
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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
10 votes
2 answers
2k views

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-...
The Editor's user avatar
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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
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10 votes
2 answers
8k views

Kicked out of doctors office for refusing to allow them to take pictures. is this legal?

I moved this post off the medical stack exchange as it was flagged as off topic so hopefully this is the proper place for it. I have a problem with a thumbnail that has been lingering for months now ...
Neelix's user avatar
  • 203
10 votes
1 answer
823 views

Legal effect of "I am a health care professional" buttons on medical websites

Similar to this question. Many websites containing medical information intended for medical professionals require that the user assert that he/she is one before the content can be accessed. Merck ...
bwDraco's user avatar
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9 votes
2 answers
909 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
9 votes
1 answer
2k views

Is/Was funding or conducting gain of function research illegal?

I have seen a lot of claims made about "gain of function" research in regards to corona viruses, one of them being that it is or was "illegal". I wondered whether or not this claim ...
Jeff Lambert's user avatar
9 votes
1 answer
591 views

Giving information to patients about schedule 2 drug stocks at a retail pharmacy in Florida (US)

Context: There is currently a nationwide shortage of Adderall, a schedule 2 drug. One of the pieces of advice for patients is to see about getting the drug in a different formulation, as not all ...
Alan's user avatar
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8 votes
6 answers
3k views

What laws would prevent the creation of an international telemedicine service?

Clearly, every country has its own medical system. I do not know what the single source of legality tends to be, but I assume the government appoints a minister of health, and the minister of health ...
John D's user avatar
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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
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8 votes
4 answers
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 ...
Kyle's user avatar
  • 203
7 votes
3 answers
893 views

What is the duty of a medical office to properly bill one's insurance? (USA)

In the US, it is typical for patients to sign contracts with a medical office assigning whatever benefits are applicable from their health insurance to the doctor's office and leaving the patient ...
Alan's user avatar
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7 votes
1 answer
5k views

Can a doctor/nurse legally force me to take a drug test?

I am in California, and had an appointment today to establish care with my new doctor. The nurse checking me in noticed my high blood pressure and sores on my face from psoriasis, both conditions ...
user avatar
7 votes
1 answer
232 views

My physician gave my meds away to another patient. Has he broken any laws?

I receive my essential medication through a patient assistance program for the needy. They are not a controlled substance. The patient assistance program does not send medications directly to needy ...
Needmymeds's user avatar
7 votes
1 answer
1k views

When can doctors share information without a patient's explicit consent?

I'm curious about patient confidentiality, in non-emergency situations. When and who can a doctor disclose medical information about a patient to, and when do they need consent? At the university I ...
AlexP's user avatar
  • 665
7 votes
1 answer
2k views

Can a doctor make you pay for something you didn't explicitly agree to pay for?

Note: this is a real example, but I don't care nearly enough to fight it; I ask purely out of curiosity. I was at the dentist and I had a few cavities filled in. My understanding from what was ...
Adam Zerner's user avatar
7 votes
1 answer
121 views

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'...
Daniel's user avatar
  • 73
7 votes
1 answer
259 views

Is it lawful for naturopaths to present themselves as doctors in the US and Canada?

Some naturopaths put "Dr." in their title (without completing a medical or any other doctoral degree). Is that legal?
shorea2's user avatar
  • 179
6 votes
1 answer
6k views

Can doctor's offices withhold test results for some length of time?

Massachusetts/USA here. I had a EMG a few days ago and scheduled a followup with my doctor for later in the month (about 3 weeks from now). I am very anxious to hear the results. I just called and ...
smeeb's user avatar
  • 377
6 votes
1 answer
928 views

Can UK doctors legally prescribe drugs online?

The online pharmacy Kiwi Drug claims to dispense drugs legally from their online NHS-affiliated doctors, who prescribe drugs online. Kiwi Drug provides an online doctor service through its UK ...
March Ho's user avatar
  • 769
6 votes
1 answer
353 views

Can a prisoner choose not to be autopsied after execution or is it a legal requirement?

I'm a writer so I've been trying to do some research for one of my MCs who ends up getting executed but has the ability to come back from the dead, preferably with a body intact so an Autopsy isn't ...
SKKennell's user avatar
  • 183
6 votes
1 answer
267 views

Child attained legal age, do the parents still hold any rights to medical documents from childhood?

Situation A child, let's call him Pete, went to some medical treatment when he was younger than legal age (18). All documents about this treatment were sent to his parents. Pete is now (way) above ...
Daniel Jour's user avatar
6 votes
2 answers
2k 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 ...
Tmartin's user avatar
  • 63
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
5 votes
1 answer
988 views

Does FDA's "compassionate use" program allow doctors to prescribe drugs to themselves under Emergency Use?

Does the "compassionate use" program allow doctors to prescribe drugs for themselves that have been approved under an FDA emergency use authorization?
user avatar
5 votes
2 answers
8k views

Can a doctor withhold test results due to non-payment?

My niece took her daughter to a doctor for medical tests. The doctor said the tests indicated a disorder that require therapy. But the doctor won't release the test results until he is paid $500. ...
Tammy's user avatar
  • 51
5 votes
1 answer
369 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
5 votes
2 answers
173 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 ...
Trish's user avatar
  • 37.3k
5 votes
3 answers
560 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,...
curious's user avatar
  • 51
5 votes
1 answer
353 views

Wife sent to collections 3 years after a doctor's fee was settled (Connecticut)

Back in Sept 2011, my wife had her IUD removed during her annual female checkup. When she asked if the doctor would take it out, the doctor said "no problem" and basically pulled the attached removal ...
Tommy Hyatt's user avatar
4 votes
4 answers
2k views

Am I legally obligated to pay for a medical bill?

During an annual checkup, my doctor requested blood work to be done, he told me there would be no charge. I later received a bill for the blood work for an amount I never consented to. I was told it ...
John Doe's user avatar
  • 227
4 votes
2 answers
605 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 ...
Glory to Russia's user avatar
4 votes
1 answer
582 views

Precedent of doctor being sued after giving his private phone number

I'm looking for a precedent of a doctor getting sued after giving his private phone number for a patient to consult, yet not being available at a moment of emergency.
vondip's user avatar
  • 153
4 votes
2 answers
325 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
4 votes
1 answer
714 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 ...
Eliter's user avatar
  • 131
4 votes
2 answers
245 views

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 ...
gnasher729's user avatar
  • 33.3k
4 votes
1 answer
418 views

Can someone explain what Japanese law says about my medication?

I have a mild form of autism. To treat this I take one 60mg pill of Biphentin every day. Biphentin is "Methylphenidate Hydrochloride", being in the same category as drugs like Ritalin and other ...
Tirous's user avatar
  • 489
4 votes
1 answer
23k views

Is a state issued ID required to see a doctor with insurance?

Suppose there is someone who has insurance but they do not have a state issued ID card, let's say they only have a school ID. If this person goes to a doctor's office and shows their school ID and ...
AbuMariam's user avatar
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