71
votes
Accepted
Is the President at the top of all organ waiting lists?
There isn't any rule which would prioritize the President, as far as I can tell. Generally, organ allocation is required to be based on medical criteria, not on factors such as the occupation or ...
- 30.1k
71
votes
When will Pfizer et. al. be liable for injuries caused by the COVID-19 vaccine?
The other answers have addressed the letter of the question you asked, but I wanted to correct a misconception in your question statement:
... It's bad enough to suffer some horrible side effect, ...
- 6,833
65
votes
Accepted
Self incrimination during medical examination
If such conversations are reported, it can place the suspect in a dilemma.
Consider a man who appears to have overdosed on illegal narcotics. He is taken to the hospital, and the doctor asks what ...
- 30.1k
60
votes
Is the President at the top of all organ waiting lists?
This really kind of expands on what an "organ waiting list" is and how they work (and why rich people like Steve Jobs get transplants quickly)...
When somebody who is an organ donor dies, ...
- 9,215
40
votes
Can a vaccine be required by law?
It was decided back in 1905 in the case of Jacobson v Massachusetts, 197 U.S. 11, that mandatory vaccination laws are constitutional in the US (the specific example being mandatory smallpox ...
- 216k
40
votes
Accepted
If I ask my doctor to order a blood test, can they refuse?
There is no such legal requirement coming from federal or NY state law. Doctors can refuse treatment when the patient is abusive or the matter is outside the scope of their practice, and that can ...
- 216k
32
votes
Accepted
Can I refuse to provide detailed medical history to day camp?
You generally are not required to share your medical details with people you don't want to. That said, the camp would also not be required to allow people who don't comply to enroll. They can't force ...
- 6,020
32
votes
Accepted
On American Jury Duty and Doctors' Letters to the Contrary
This will be highly dependent on the particular state, county, and city where you reside and which court summoned you.
It is of course "legitimate" for any eligible citizen to be summoned. ...
- 436
30
votes
Is it legal to purposefully contract COVID-19?
Governments have a significant interest in controlling pathogens and preventing outbreaks: they are dangerous to dense & unimmunized populations.
Can a government legally prevent me from ...
- 7,169
29
votes
Could a charity manufacture patented medications for free?
No, they could not. The conditions of violating a patent don't revolve around monetary gain, so regardless of compensation they would be in violation of the patent.
- 9,215
24
votes
Can a government in the US enforce administration of a drug onto a US citizen during a public health crisis?
The government cannot force people to get vaccinated, without passing a law to that effect. When they do, they can. This was sorted out in Jacobson v. Massachusetts, 197 U.S. 11, when the Supreme ...
- 216k
22
votes
Is it legal to purposefully contract COVID-19?
Yes, the government gets to regulate how people work with pathogens. Not least, Coronavirus must be handled in a Biosafety Level 3 facility.
It's a good way to collect a manslaughter charge, and a ...
22
votes
Can a medical professional give purely palliative care to a prisoner being executed?
The position of Physicians is clear: They shall not take any active part during and in an execution.
In the case of Bucklew v. Precythe, 587 U.S. ___ (2019), the offered or possible methods of death ...
- 43.2k
20
votes
If I ask my doctor to order a blood test, can they refuse?
If I go to my doctor's office and request that they order a specific
blood test for me, can they refuse?
Yes.
Is there anything in HIPAA (or other laws) that compels a medical
professional to order ...
- 230k
20
votes
What laws would prevent the creation of an international telemedicine service?
The WHO regulations (according to that page; I haven't seen them) "provide an overarching legal framework that defines countries’ rights and obligations in handling public health events and ...
- 38.8k
20
votes
On American Jury Duty and Doctors' Letters to the Contrary
Yes. Normally, you have to appear and offer up your explanation while you are subject to cross-examination.
- 230k
19
votes
Can a vaccine be required by law?
Yes. In its 1904 term, the Supreme Court upheld the constitutionality of a Massachusetts law requiring small pox vaccinations in Jacobson v. Massachusetts. The Court held that the law did not violate ...
- 8,428
19
votes
Accepted
Is it legally possible to bring an untested vaccine to market (in USA)?
Could the new mRNA vaccines have come to market without any testing?
No.
The FDA still has to approve emergency limited approvals of new vaccines. At least as a practical matter, the FDA requires ...
- 230k
18
votes
Accepted
Are medical malpractice lawsuits part of the public record?
Different kinds of court records are subject to different rules, but generally speaking, the public has a right to access the complaint in a civil case, derived from both the First Amendment and ...
- 61.5k
17
votes
How can I ensure I am contacted when a specific relative dies or is hospitalised?
How would I receive a call if he is not able to call me or communicate
with emergency personal?
There is no ironclad method. The law does not specify how authorities should determine contact ...
- 230k
16
votes
When will Pfizer et. al. be liable for injuries caused by the COVID-19 vaccine?
The protection extends until October 1, 2024 and does not depend on when the vaccine becomes fully approved by the FDA.
The official notice of Declaration Under the Public Readiness and Emergency ...
- 114k
16
votes
What enforcement exists for medical informed consent?
What enforcement or outside-agency complaint mechanism exists in the
case where these service providers absolutely will not show you what
you're signing to, or actively take steps to prevent you from ...
- 230k
15
votes
Accepted
Are instructions for over-the-counter drugs legally binding?
In Ohio, it is not actually a crime to not follow the instructions for a prescription drug. The relevant prohibitions are in ORC Chapter 2925, where §2925.11 prohibits possession of certain substances ...
- 216k
15
votes
Does withholding non-medical information affect medical consent?
The primary question is whether remaining silent would constitute a breech of medical ethics. The pertinent ethical principle is AMA Opinion 2.15 One of the requirements is that the donor be assigned ...
- 216k
15
votes
On American Jury Duty and Doctors' Letters to the Contrary
It depends on your medical condition
If you can or can not serve as a juror is up to the courts to decide. For this, bringing a medical note that explains what you can or can't do can help. In general,...
- 43.2k
13
votes
Accepted
Can a doctor/nurse legally force me to take a drug test?
Let us assume that you were high on meth at the time, that you were acting normally (that is, were not smashing windows or other such criminal things), but you had mouth sores and high blood pressure. ...
- 216k
13
votes
Accepted
Is/Was funding or conducting gain of function research illegal?
Senate Amendment 2003 was an amendment to an amendment to a bill which did not pass: it would have permanently ban all funding of gain-of-function research in China. Senate Bill S.3012 likewise did ...
- 216k
12
votes
Accepted
Are partner notification laws in conflict with HIPAA?
No. HIPAA places no limits on who you may share your medical records with - only on those with who your doctors (et al) can share.
The HIV laws you refer to, place a positive obligation on you to ...
12
votes
Accepted
What is the duty of a medical office to properly bill one's insurance? (USA)
To my knowledge there is no actual law requiring a provider to file anything on your behalf. Most do it as a courtesy but if you read the terms of service that you almost certainly agreed to, it will ...
- 3,486
Only top scored, non community-wiki answers of a minimum length are eligible