Questions tagged [medical]

For questions dealing with medical and healthcare law, such as informed consent, malpractice, and prescription or other medicine.

33 questions with no upvoted or accepted answers
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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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94 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 ...
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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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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 ...
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114 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 ...
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93 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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52 views

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?
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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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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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26 views

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 ...
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44 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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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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70 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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14 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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202 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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50 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 ...
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59 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 ...
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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. ...
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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 ...
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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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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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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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59 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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91 views

Can a medical professional be liable for not completing a procedure as claimed?

A patient in the United States goes to the dentist for a routine extraction of both bottom wisdom teeth (as explained to him beforehand by the dentist). The patient is put under general anesthesia, ...
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63 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 ...
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102 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 ...
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1answer
93 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 ...
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1answer
100 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, ...
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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 ...
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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-...