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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-4
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1answer
106 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
98 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 ...
2
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2answers
242 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 ...
21
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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 ...
8
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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 ...
6
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1answer
293 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
308 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, ...
2
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1answer
40 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
313 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?
0
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1answer
145 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 ...
2
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1answer
61 views

Hospital visitation rights and health-care decision-making authority in Maryland

Suppose there is person A who lives in Maryland. Person A has parents B and C. Person A has sibling D. Person A has spouse E. Now, Suppose person A becomes medically incapacitated. Three Questions: ...
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1answer
196 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
40 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 ...
2
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3answers
143 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 ...
0
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2answers
40 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. ...
0
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1answer
82 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
93 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 ...
0
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2answers
121 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
70 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 ...
17
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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 ...
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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 ...
3
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0answers
67 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, ...
1
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1answer
57 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 ...
24
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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 ...
2
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2answers
176 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
91 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 ...
16
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5answers
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" ...
1
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1answer
45 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 ...
1
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1answer
223 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 ...
0
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2answers
59 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
155 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 ...
0
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2answers
172 views

Limits to Gillick Competence

Please note: Gillick Competence is not to be confused with the Fraser Guidelines which is only concerned with contraception. Gillick Competence is: a term originating in England and is used in ...
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1answer
81 views

Can I refuse a 2nd drug test after "failing" The first from a doctor writing my medication

I live in Virginia and I recently took a urine drug test my psychiatrist wanted because he was prescribing Valium. Came back that I had a different Benzodiazepine in my system that I have never been ...
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1answer
98 views

What recourse does a patient have in the event of accidentally false medical records?

This story relates to my husband. He's 35 years old and had a vasectomy a few months ago. After the waiting period, he underwent the lab test to check that the procedure was successful. A few days ...
1
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1answer
109 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 ...
1
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1answer
83 views

Wrongful Death Medical Malpractice

My Mom was killed by Kaiser, I have the hospital report. She died from sepsis but was on dialysis. They were giving her contraindicative drugs, treating her for diabetes, which she did not have and ...
1
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1answer
105 views

Could a Doctor Refuse to Treat a Patient in an Emergency?

Suppose a man commits a hate crime against (Hypothetical Church), and in the midst of the crime, the man is critically wounded by the police and rushed to the hospital. Suppose there is only one ...
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0answers
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 ...
0
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1answer
33 views

Cobra medical benefits life event

My employer has several health ins plans. My employer is required to provide Cobra coverage as it has several dozen employees. If I were to choose one during open-enrollment, then get laid-off, the ...
2
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0answers
170 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 ...
14
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2answers
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, ...
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1answer
181 views

Bill of Rights protection against mandatory vaccination?

Does the the "privacy" protection afforded by the Bill of Rights covers unwanted medical treatments, including unwanted drug taking, notably mandatory vaccines?
3
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1answer
110 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 ...
2
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0answers
102 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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0answers
45 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 ...
1
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1answer
91 views

What can qualify as a terminal illness with respect to assisted suicide?

As an example, HIV used to be considered a terminal disease by doctors. Nowadays, there are treatments which extend life significantly for HIV patients, and doctors consider it to be a manageable ...
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1answer
69 views

When does medical privacy start?

In a conversation between, say, Alice and Bob, if Bob shares his medical history with Alice, under which conditions is this information considered private medical information? If Alice is a ...
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0answers
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, ...