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
59 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 ...
3
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1answer
89 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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0answers
23 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
76 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 ...
2
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1answer
88 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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49 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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64 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
75 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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27 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. ...
3
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1answer
73 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
53 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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2answers
114 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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53 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 ...
2
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1answer
123 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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0answers
42 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 ...
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2answers
460 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
92 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 ...
2
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2answers
95 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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9 views

Do the MD/DC Boards of Physicians have legal policies for physicians with an active license that are charged with a DUI?

Does the Maryland Board of Physicians and DC Board of Physicians have any regulations or rules indicating what to do when a board-certified physician with an active license to practice in Washington, ...
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2answers
121 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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0answers
34 views

Pollard v USHS: Tuskegee under the cudgel

While reading up about infectious diseases, I came upon the case of the Tuskegee study, which in 1932 was set out to observe a group of people for 6 months and then cure them of the observed ailment ...
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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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1answer
118 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 ...
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1answer
135 views

Why is it difficult to import 5-HTP (a form of Tryptophan) into some countries? [closed]

5-Hydroxytryptophan(WP) is sold in various places around the world as a dietary supplement that may boost serotonin levels, with possible benefits as a sleep aid, antidepressant, appetite suppressant, ...
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1answer
29 views

Does the ADA prevent private entities from asking customers if they have a disability?

Some people have claimed that if a potential customer without a mask attempts to enter a privately owned store/business, then the Americans with Disabilities Act makes it illegal to ask the person if ...
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2answers
199 views

Would injecting employees with thiomersal be an osha violation? [closed]

The osha limit for occupational mercury exposure is 50 micrograms per cubic meter. Vaccines are way more. Would injecting your employees with thiomersal be an osha violation?
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1answer
136 views

Can POTUS make FDA approve a drug (such as hydroxychloroquine), or make it available over the counter?

President Trump is known to have taken hydroxychloroquine (HCQ) as a prophylactic against COVID-19. Some prominent medical scientists also came out in support of HCQ for outpatients (as opposed to ...
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1answer
87 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-...
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1answer
38 views

Does forbidden reproductive cloning prevent prescription of clomifene and similar treatments?

Fertility treatments with clomifene (like Clomid) increases the birth rate of identical twins more than twice. Identical twins are a form of cloning. Does criminilization of reproductive cloning make ...
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3answers
132 views

Are hospitals required to provide language interpreters to patients?

California, USA. The hospital is on COVID lockdown, no visitors allowed. The patient had a stroke, lost her English, but seem to understand her native language; she slowly and barely coherently speaks ...
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2answers
34 views

How to search for court records regarding medical malpractice for a particular physician?

New York state (US) here. I would like to know what tools/sites/etc. I can use for searching any pertinent court records/documents regarding medical malpractice suits against a particular physician. ...
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1answer
79 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 ...
2
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0answers
67 views

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 ...
3
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1answer
85 views

In Washington state must a doctor report things that happened in the past?

Are Washington state's mandated reporting requirements triggered if a doctor discovers that their adult patient had been abused in the past? What if there are no longer any 'protected populations' at ...
2
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1answer
47 views

Are healthcare service employees required to notify anybody (in general or particular) of a HIPAA violation?

I was notified by one of our patients that they received a "Summary of Today's Visit" in the mail, however, it wasn't their own "Summary of Today's Visit", it was that of another patient. Knowing ...
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2answers
85 views

Is a patient legally obligated to pay for non-emergency medical services that were not requested by the patient?

Is a patient required to pay for non-emergency services they did not request from a medical provider? For example, a radiology clinic takes an x-ray and then sends it to a 3rd party radiologist for ...
3
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2answers
60 views

Are there any HIPAA like technical requirements in EU for developing health related web software?

It looks like in the USA developers adhere to HIPAA standards when developing and hosting health-related software. But I can't find anything similar to the EU. GDPR is all about being transparent and ...
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3answers
3k 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 ...
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1answer
78 views

is a doctor who do consults with children legally required to not do consults with adults?

This is a real problem for me, my previous doctor who did consults with me until i was 17 passed then stopped my consults with him. the frustrating part is that i was not well informed about what ...
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0answers
64 views

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, ...
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1answer
48 views

Would making a cyborg be legal?

Recently, I've re-watched the movie Robocop (2014), and a question has come to my mind: Would making a cyborg be legal in the US? Notes: By "cyborg" I mean a robot-human hybrid, where the brain is ...
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4answers
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 ...
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2answers
127 views

Is gidazepam considered legal in Ukraine?

I've checked the table of illegal drugs, and it seems like every other benzodiazepine is in there. But for some reason gidazepam is not. So is it considered legal (because I'm not sure)?
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1answer
69 views

Does a doctor have to release medical records from the last 5 years?

My mother stopped seeing a doctor about a year ago. She has been without a PCP. She just procured a new one and was asked to get her medical records. Her old doctors office told me today that those ...
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5answers
4k 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" ...
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1answer
40 views

Paid sick leave for full-time employee in DC

According to the District of Columbia’s Accrued Sick and Safe Leave Act, both full- and part-time employees to be paid sick and safe leave for use under certain circumstances. I'm working as a ...
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1answer
150 views

Is it Illegal for a Debt Collection Agency to Collect on an Individual for a Worker's Compensation Claim?

If someone were to have a worker's compensation claim in Texas that had been approved but unpaid, can the medical provider legally file a claim against the injured? More specifically, the employer ...
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2answers
47 views

Are documents generated by the patient part of psychotherapy notes under HIPAA?

HIPAA defines psychotherapy notes as follows (emphasis added): Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or ...
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3answers
153 views

Does this sound like I should get a lawyer and does anyone have any suggestions for what lawyer?

I had breast cancer and was seeing a plastic surgeon for reconstruction. I had several problems with infections and had several surgeries to place expanders and take them out. During my second to last ...