Questions tagged [medical]

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

Filter by
Sorted by
Tagged with
39
votes
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 ...
24
votes
2answers
9k 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 ...
24
votes
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 ...
21
votes
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 ...
18
votes
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 ...
17
votes
5answers
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 ...
16
votes
4answers
7k 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 ...
16
votes
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" ...
14
votes
2answers
2k 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, ...
9
votes
1answer
453 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 ...
8
votes
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 ...
8
votes
2answers
5k 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 ...
8
votes
1answer
712 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 ...
6
votes
1answer
4k 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 ...
6
votes
2answers
151 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 ...
6
votes
1answer
5k 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 ...
6
votes
1answer
158 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 ...
6
votes
1answer
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 ...
6
votes
1answer
208 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?
5
votes
1answer
180 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 ...
5
votes
1answer
832 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 ...
5
votes
1answer
240 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 ...
5
votes
1answer
239 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 ...
5
votes
2answers
769 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 ...
4
votes
2answers
7k 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. ...
4
votes
4answers
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 ...
4
votes
2answers
484 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 ...
4
votes
1answer
559 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.
4
votes
1answer
13k 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 ...
4
votes
2answers
148 views

Is a doctor liable in the stated circumstances?

Consider the situation where a doctor knows that his patient is a carrier of a genetic disorder and she is going to act as an egg donor. Is the doctor liable to the egg recipient for failing to warn ...
4
votes
4answers
854 views

Is a Blood sample considered Personal Data under GDPR?

Just that simple question: Is a Blood sample considered Personal Data under GDPR?
4
votes
2answers
449 views

Is there legal basis to sue a newspaper for potential health risking advice?

In an online news site (or a regular newspaper), under its "Health" section, there are sometimes extremely dubious articles published. Some of them contain nutrition advice which poses a potential ...
4
votes
1answer
1k 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 ...
4
votes
1answer
76 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 ...
4
votes
3answers
357 views

What is a software developers liability for medical devices

I am an employee of a contract employer being contracted out to a medical company writing software for medical devices. What is my liability or who shoulders the legal expenses if a product I wrote ...
4
votes
1answer
154 views

Can a nursing home for my mother take my father's assets?

In Michigan, my mother is very sick. She is being transferred from a hospital to a nursing home to recover from surgery and for physical therapy. Someone told me that my father should legally remove ...
4
votes
1answer
233 views

Does HIPAA require a secondary physician to share results with your primary?

NY state here. If I go to get a second opinion from a physician other than my primary, are there any regulations (HIPAA or otherwise) that require that 2nd physician to share consultation notes/lab ...
4
votes
1answer
355 views

Risks of Working for Medical Marijuana Company

Some states allow marijuana for medical use and recreational use, although it is still illegal federally. Is there any risk at going to work for one of these companies? If so is there a difference ...
4
votes
3answers
410 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,...
3
votes
1answer
139 views

Are partner notification laws in conflict with HIPAA?

HIPAA (Health Insurance Portability and Accountability Act) requires health care providers only share medical information with family members under the patient's consent. However regarding HIV/AIDS ...
3
votes
2answers
64 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 ...
3
votes
1answer
94 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 ...
3
votes
1answer
312 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 ...
3
votes
1answer
87 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 ...
3
votes
1answer
96 views

Practicing medicine across state lines

An answer to a question on MedicalSciences.SE prompts my question. Suppose I live in Wisconsin and I fly to Texas to undergo a procedure with a specialist there (I chose the states arbitrarily; I'm ...
3
votes
2answers
138 views

What are “inactive ingredients when a safety factor” in the context of vaccines?

I was reading Title 21 of the Code of Federal Regulations when I came upon the following sentence (n) The inactive ingredients when a safety factor, or reference to an enclosed circular containing ...
3
votes
1answer
153 views

Religious exemption to vaccines that relies on preservation of life

Almost every US state allows a religious exemption to vaccination requirements in schools. Some religions are opposed to vaccination as a basic principle (maybe because healing is reserved for God or ...
3
votes
1answer
224 views

What organs can hospital patients not take home?

What amputated or removed organs, not limited to limbs, are hospital patients NOT allowed to take home in the U.S.? If the laws vary between states, then I'll focus on Washington State. Can amputees ...
3
votes
1answer
212 views

Do I have a right to get my son vaccinated against his mother's wishes?

I am in NY state. My partner and I are not married. I am not listed on our son's birth certificate, but he has my last name. My partner is an anti-vaxxer (or whatever non-loaded term is preferred). I ...
3
votes
1answer
145 views

Will Arkansas's new abortion law prevent out-of-state abortions?

There's been a lot of discussion lately on this new abortion law: http://www.vox.com/identities/2017/2/3/14497638/arkansas-abortion-dilation-evacuation-ban-second-trimester My understanding (as a ...