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
664 views

Can an alternative medicine practitioner be held legally responsible for a patient's death?

First a little background, this issue doesn't affect me personally (I'm not a practitioner of alternative medicine or being treated by one). I read a slate article about a woman who was forgoing ...
24
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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 ...
6
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1answer
247 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 ...
3
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1answer
222 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 ...
0
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3answers
295 views

Are UK NHS prescriptions covered by sale of goods act (or equivalent)?

In the UK the NHS provides free-of-charge health care, with a few exceptions e.g. a patient has to pay about £8 per drug on prescription. An NHS doctor prescribes a drug that is unsuitable for a ...
3
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1answer
184 views

Liability for paying for medical treatment not agreed upon

I recently scheduled an appointment for a treatment plan (gum graft) that covered only some of the teeth I needed work on. The reason I opted to have only some teeth worked on is that insurance covers ...
1
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1answer
246 views

Legality and liability of writing medical software by someone who is not a health care practitioner

Is a person who is a non health care practitioner (NHCP) allowed to write and distribute software for use by NHCPs? If so, will the liability be any different than that of any other software? Let's ...
2
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1answer
42 views

Can I have a patent by discovering new application of a chemical compound

A compound called CxHyOz in the history has been discovered as an antibiotic for killing bacteria. But in the future when I discover a new application of it, for example I can use it as an efficient ...
1
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1answer
154 views

Can a private business require a doctors note from a customer?

A holiday has been booked and paid for, but due to medical reasons must now be cancelled. The company booked with offers a cancellation fee so that if a booking with them is cancelled, then a full ...
1
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1answer
252 views

"due process" hearing concerning returning to work after medical leave [closed]

My wife works at a local university as an accountant. Or perhaps I should say "worked" ... she suffered a brain injury in late December. She has recovered physically for the most part, but still has ...
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4answers
281 views

Charlie Gard versus Christopher Kerner

I am finding the answer by Dale M. to this question trying. The German pop singer Nena (in much of the world a one-hit wonder but enduringly popular in German-speaking countries) gave birth to a son ...
0
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2answers
96 views

Consequences for nurse who helps baby leave with parents against court order

In recent news, Charlie Gard, a child with a rare mitochondrial syndrome, was prevented from seeking experimental treatment in the United States by an array of different courts including the European ...
4
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1answer
362 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 ...
2
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1answer
221 views

What would happen to Hobby Lobby under Medicare For All?

The Hobby Lobby SCOTUS case, if I'm not mistaken, says a company can manipulate the nature of their employees' health insurance, justifying it by the idea that since they're providing it, they should ...
8
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2answers
6k 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 ...
0
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1answer
48 views

What is the 'go' point for organ donation from a registered organ donor?

Assuming a patient is a registered organ donor, at what point their organs can be legally transplanted? Brain death? Clinical death?
0
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1answer
171 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, ...
4
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1answer
15k 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 ...
1
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1answer
150 views

Is it legal in India to sedate someone without consent and put them in an ambulance?

Suppose you have a family member who has a serious issue (like alcoholism or drug addiction) which they refuse to get help for, and it gets to the point where they pose a serious threat to themselves. ...
1
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1answer
686 views

Is it illegal for a consumer to obtain or use a non-FDA approved medical device?

The Freestyle Libre Pro, which is a continuous glucose monitoring (CGM) system, was approved in September 2016 for use by healthcare professionals has not yet been approved for use by consumers, as ...
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2answers
4k views

Is it legal for "in-network" dentist to send me a bill when insurance company denied claim?

A couple months ago I went to the dentist for a crown, he noticed my jaw clicking and he said that I would need a "occlusal adjustment" to help fix this. Based on what I was told, I was under the ...
0
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1answer
243 views

Why is CBD legal in UK, Ireland, etc but it is Illegal to advertise it?

Why can't you advertise CBD on Facebook, Google, etc., considering there is no THC and it is not a drug?
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1answer
206 views

Liability with Medical Interpreters?

I'm working on a project for school about machine translation for physicians. I'm having trouble finding information about liability in regards to medical interpreters. Basically, if a translator ...
0
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1answer
371 views

Can I be held financially liable for services I received as a minor?

I was in an auto accident at the age of 17. My mother and I had attended a local chiropractor but stopped attending before my 18th birthday. Since I was a minor at the time I did not sign any ...
2
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1answer
86 views

Police and doctors

If you live in one state and have a doctor in another (because they don't offer the treatment to you, unless you're a pregnant female), can the police in your town call your doctor and tell them not ...
3
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1answer
165 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 ...
4
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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. ...
0
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1answer
466 views

Can information about a drug - trade name, interactions, etc. - be copyright protected?

Can information about a drug, like its trade name, interactions, pharmacokinetics, etc., be copyright protected, or is the information free for use in a commercial sense?
1
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1answer
151 views

Would a conspiracy to break patient confidentiality be a crime?

Inspired by this question on The Workplace, I wonder if a company that hired a doctor to spy on patient/employees would be committing a crime in the US. And would the doctor be committing a crime by ...
4
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2answers
150 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 ...
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3answers
1k views

Who pays medical costs for a John Doe who dies in the hospital?

Say that a John Doe case (i.e. someone whose identity is unknown and the patient can't tell them) comes into the hospital and collapses, becoming incapacitated. They receive treatment yet ultimately ...
1
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1answer
159 views

Does a patient have to pay for the shipping fee for mailing medical records from a previous doctor?

I had some dental x-rays and a teeth model with a previous orthodontist in Baltimore, and the records are stored in his office. I now live in New York. In general, do patients have the right to ...
0
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1answer
166 views

Is it legal to videotape a payment at a business?

I went to my doctor's office in order to pay my copay for the federal government's stupidity for following their requirement to get a physician's statement, and I recorded it. Is this legal to do so ...
4
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1answer
179 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 ...
1
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1answer
59 views

Pre-existing issue (medical)

I have a sub-dermal haemangioma on the side of my face, its barely visible, and its been there since I was young. We had it looked at by a professional when I was child and it was never officially ...
0
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1answer
63 views

Negligence of psychiatrist

What percentage of patients who attempted to sue their psychiatrist for negligence have succeeded?
4
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1answer
252 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 ...
3
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1answer
4k views

Can a physician refuse to transfer records directly to another provider?

I understand that as a patient, I have the right under HIPAA to request a personal copy of my medical records at a reasonable per-page cost. I've received a letter from my physician's office stating ...
3
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0answers
57 views

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 ...
0
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1answer
118 views

When would it be lawful and professionally ethical in the US for a medic to sign with his sole name a medical report that the patient himself wrote?

If a patient writes a medical report about himself, and gives it to his medic to sign with his sole name, under what conditions is it lawful and professionally ethical for the medic to sign it?
2
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1answer
4k views

What is the difference between "controlled substance" and "needing a prescription"?

I was prescribed a medication. The doctor said it was not a controlled substance. Why did he write a prescription? If it's not controlled couldn't I just go to the pharmacist and ask for the ...
2
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2answers
3k views

Can a Canadian doctor perform RFID chip implantation in a willing subject?

I want to get an RFID chip implanted in my hand for practical and entertainment purposes. I am a adult 100% aware of the risks and willing to undergo the (very minor) surgery, in which the small tag ...
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0answers
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 ...
0
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1answer
114 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, ...
2
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2answers
358 views

Medical. Is it legal to treat someone without reporting it to the US government?

I have a friend that wants to treat me, but is highly concerned about doing so "off the clock" if you will. He's an oncologist for a large Hospital and is forbidden from doing work outside of the ...
0
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1answer
89 views

Legality of HIV Positive Organ Transplantation in Oregon State of the United States

Is HIV Positive Organ Transplantation in Oregon legal or banned? What are the names of the laws or policies controlling HIV Positive Organ Transplantation in Oregon? Where can I find information on ...
6
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1answer
173 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 ...
1
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1answer
2k views

Dental/Medical Bill advice - insurance sent charges that provider did not disclose

A couple months ago I had some dental work done with dental insurance I had through my job. After talking to the doctor and being advised to receive some fillers, I talked to the front desk and they ...
4
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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 ...
0
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0answers
65 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 ...