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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3
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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 ...
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
423 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?
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1answer
149 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
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 ...
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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
151 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
164 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
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 ...
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1answer
53 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 ...
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1answer
61 views

Negligence of psychiatrist

What percentage of patients who attempted to sue their psychiatrist for negligence have succeeded?
4
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1answer
234 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
3k 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 ...
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1answer
115 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
103 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
343 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 ...
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1answer
86 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
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 ...
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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 ...
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0answers
64 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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0answers
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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1answer
69 views

How can I discover what regulations a biomedical device needs to meet?

Please note: the contextual jurisdiction of this question is primarily the United States, but could be extended to European and Asian countries as well. The OpenBCI is a recently-funded startup that ...
2
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2answers
97 views

Can a dentist charge for a treatment without written paperwork?

I just came back from a dentist appointment. I signed a paperwork that says two inlays and three onlays. When I was under local anesthesia for deep cleaning, my dentist told me that he/she found one ...
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1answer
123 views

Is it legal to keep a controlled substance at work?

If someone has a prescription for a controlled substance and stores it in their desk at work, can they get in trouble? Can someone get in trouble if it is discovered?
6
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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 ...
2
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0answers
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?
4
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2answers
450 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 ...
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1answer
50 views

medical software: liability vs indemnity in UK?

if one is doing a medical software for other company then one needs indemnity (client may have to pay to fix errors) or liability insurance (patient may be badly diagnosed)? or both?
5
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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 ...
2
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1answer
135 views

dental clinic - horrible service overcharged [closed]

In May this year I went to a dental clinic to put a dental crown in Anchorage Alaska USA. The dental clinic told me that the total cost for the crown would be US$2300. US$1300 would come from my ...
3
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1answer
170 views

Is there a polite and thorough way to request disclosures from my dentist about who is profiting from certain products or services?

I had a dental appointment this morning, and the dentist (as per usual) insisted that I get an NTI night guard and a Philips Sonicare. I politely said 'no' as I have the last 6 visits, but the ...
6
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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 ...
4
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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 ...
11
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1answer
580 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 ...
4
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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 ...
1
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1answer
117 views

Can a manager decline a request for a sick day?

At work can a manger tell an employee that they must come in to work after requesting a sick day? What if the reason is something like they need to go to the dentist to get their annual teeth cleaning?...
3
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1answer
356 views

Can doctors make patients sign contracts?

Hypothetical: You're waiting in your doctor's office for your provider to perform a medically-necessary procedure. In walks a coordinator who requests you sign a contract for your upcoming procedure....
6
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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?
2
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1answer
569 views

Does Pennsylvania have a mature minor doctrine?

I'm not trying to get medical care, I'm just curious. I was wondering if the state of Pennsylvania had what is known as a "Mature Minor Doctrine" which, if I understand correctly, would allow minors, ...
4
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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.
5
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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 ...

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