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 ...
- 29k
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, ...
- 6,549
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 ...
- 29k
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, ...
- 9,225
41
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 ...
- 211k
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 ...
- 211k
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 ...
- 4,333
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.
- 9,225
29
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 ...
- 6,955
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 ...
- 211k
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 ...
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 ...
- 195k
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 ...
- 8,378
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 ...
- 195k
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 ...
- 57.2k
18
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 ...
- 35.1k
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 ...
- 195k
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 ...
- 113k
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 ...
- 211k
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 ...
- 211k
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 ...
- 211k
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
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. ...
- 211k
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 ...
- 3,498
11
votes
Is it legal to purposefully contract COVID-19?
Anything related to legality for something like this, depends on where you live.
Self-harm or attempted suicide can be illegal in some countries such as Japan. It is a criminal offense in others: see ...
- 628
11
votes
Can an incapacitated individual consent to marriage?
In Washington state, a marriage could be challenged
because a party lacked capacity to consent to the marriage or
domestic partnership, either because of mental incapacity or because
of the influence ...
- 211k
11
votes
Accepted
Can an incapacitated individual consent to marriage?
According to South Carolina law:
SECTION 20-1-10. Persons who may contract matrimony.
(A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, ...
- 7,110
10
votes
Does FDA's "compassionate use" program allow doctors to prescribe drugs to themselves under Emergency Use?
TL;DR: Most likely, for certain drugs. Self-prescribing was never illegal under Federal Law; it is regulated to varying degrees by the states, and discouraged by professional organizations like the ...
- 2,160
10
votes
Accepted
Giving information to patients about schedule 2 drug stocks at a retail pharmacy in Florida (US)
I don't know of any law, state or federal, that would prohibit the disclosure of these facts.
Such a law would almost certainly be unconstitutional under Va. Pharmacy Bd. v. Va. Consumer Council, 425 ...
- 57.2k
Only top scored, non community-wiki answers of a minimum length are eligible