Hot answers tagged

64

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 kind of drugs he took, in order to plan his treatment. If the man thinks that what he says could be used to prosecute him, he might lie to the doctor. Then he ...


18

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 common law. Under common law, the Court should only block public access if it determines that some interest in secrecy outweighs the interests promoted by the ...


12

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. Let's also assume that you are docile, but don't consent: so you stick around. Even with all of these assumptions working against you, the sheriff cannot force ...


9

The federal HIPAA law generally gives patients the right to obtain copies of their medical records. I would expect test results to be included. According to the link above: A provider cannot deny you a copy of your records because you have not paid for the services you have received. However, a provider may charge for the reasonable costs for ...


8

You don't specify what country's law you're interested in, but as you mention precedent, I'll assume you're interested in common-law jurisdictions such as the United States. The short answer is: you won't find any successful lawsuits such as you describe, at least not without some significant additional facts. In order to be subject to liability, a person ...


8

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 share the information.


6

According to an HHS guide entitled "Individuals’ Right under HIPAA to Access their Health Information", HIPAA does entitle you to access your medical records; however, the medical provider has 30 days to respond to your request. See the section on "Timeliness". So if the doctor wants to withhold the information until your appointment in 3 weeks, it looks to ...


5

This article from 2007 indicates radio frequency identification microchips are not considered medical devices by Health Canada's Therapeutic Drugs Directorate, so there's no requirement to obtain licences for their sale or use. Health Canada spokesperson Carole Saindon says the devices do not have a therapeutic use, so they fall outside the ambit ...


5

IANAL, and I don't live in America, but some of this depends on their intent. If they gave the drugs away by mistake, they probably have not broken any laws. If they were given away deliberately (and you would need to prove this – which might be hard) then yes, he has broken laws. Either way, I expect you have a right to compensation (i.e. $900) ...


5

There is no state that requires you to show ID to obtain medical care. To the extent that this is done it is done at the behest of whoever is paying for the care to determine that you are someone who is authorized to benefit from this payment, and not an imposter, or as a matter of policy of the doctor. (An exception to this general rule applies when one ...


5

The "Privacy Rule" (45 CFR Part 160 and Part 164, Subparts A, E) don't forbid this. Sect. 164.502 states the general rule: (a) Standard. A covered entity or business associate may not use or disclose protected health information, except as permitted or required by this subpart or by subpart C of part 160 of this subchapter. "Health information" is ...


4

The purpose of the button is not to put liability on you, but to shield the website from liability. The website does not want you looking up information about drugs, deciding that a particular drug is right for you, causing yourself harm and then blaming the website. You may have acted unlawfully but you would have no liability because no injury (financial ...


4

You probably don't have any legal recourse. I once got out of a dental bill by arguing along these lines: "you told me the cost would be X and you knew the terms of my insurance coverage when you provided that estimate, or at least you claimed you did, and I would not have consented had I known the cost would be Y instead of X. "In that case, however, the ...


4

They recently took me to court (I am now 20) to have me start paying for the bill, under distress I signed paperwork stating that I'd start paying them, however I find this entire situation very aggravating. Short Answer You are almost surely screwed at this point and can't do anything but abide by the settlement that you agreed to when you signed the ...


4

It is legal for a dentist to bill you for services rendered. You have an obligation to pay the dentist (in exchange for services); the insurance company has an obligation to cover certain expenses of yours (in exchange for money); the dentist has an obligation to the insurance company to accept certain terms specified by the insurance company (in exchange ...


4

Best thing to do is contact the Japanese Embassy in Canada; they can give you definitive, up to date advice, and possibly provide you with docs to take with you. Try Visa and Travel Information : Embassy of Japan in Canada


4

Practicing medicine without a license or beyond the scope of your license (e.g. engaging in medical activities that your license does not authorize you to engage in, even though you have license to engage in some medical activities) is a criminal offense (e.g. Unlawful Conduct Of Practicing Medicine Without a License, Utah Code Ann. §58-1-501(1)(a) and 58-67-...


4

Is It Legally Binding? While their customer service sucks, your oral authorization of the charge is legally binding (I take payments that way almost every day in my own business, it isn't an unusual business practice in small professional businesses). You authorize oral authorization of payments over the phone in the credit card agreement that your credit ...


4

Alabama has published an administrative interpretation of §32-6-7, §32-6-7.1, Code of Ala. 1975 regarding medical standards for driver licensing. This allows them to take medical conditions into consideration in denying, not renewing, or restricting a license. This includes, for example, the ability to consider the fact that a person has high blood pressure. ...


4

The specifics are set at the provincial level. In British Columbia, consent is required for medical treatment except in certain circumstances like being incapable of consenting. However, the law also says that A health care provider must not provide health care under section 12 if the health care provider has reasonable grounds to believe that the ...


4

HIPAA does not legally protect physicians from disclosing PHI to another party, although there are a few exceptions: HHS provides an excellent resource on these, but the regulation most relevant to your question is Permitted Uses and Disclosures (5) Public Interest and Benefit Activities, which includes "Required by Law. Covered entities may use and disclose ...


4

Suppose Bob gets a typical term life insurance policy and pays the premiums through the contestability period. . . . If Bob elects not to receive any such treatments and, as a result, dies of this illness in the policy's term, does the insurer have grounds to deny or reduce the claim? No. This is not one of the reasons that an insurance company is ...


4

There are no small sexual assaults Indecent assault/sexual assault/sexual touching Different jurisdictions have different definitions but, wherever you are, the behavior you describe is a criminal offense and the appropriate course of action is to report it to both your employer and the police. The fact that the perpetrator is under the professional care ...


4

Merely encouraging people not to vaccinate via educational and political communication without purporting to provide individualized medical advice is probably not the practice of medicine and protected by the First Amendment's protections for freedom of speech, rather than constituting medical malpractice. Also, many anti-vax individuals (I couldn't quote a ...


4

I don't think that simply failing to make a sufficient explanation of the risks would make a death manslaughter. Three would have to have been serious negligence in addition, rather beyond the level needed to find malpractice, as I understand the matter. Law.com says that: Voluntary manslaughter includes killing in heat of passion or while committing a ...


4

This is controlled by 8 U.S.C. § 1401 which details who qualifies for "birthright citizenship". Including of course the condition mandated by the 14th ammendment, Congress is otherwise free to bestow such citizenship essentially as it pleases by duly enacted legislation. One of the cases that receives birthright citizenship is a person of unknown ...


4

The law in Washington, RCW 70.245, redined "terminal illness" as an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. California law and Hawaii law say the same thing In Oregon, under ORS 127.505, the relevant term is "terminal condition", defines as ...


4

It probably does, up to a point. Roe v. Wade asserts a right to privacy, discussed in §VIII. Granting that there is no explicit enumeration of a right to privacy in the Constitution, its implicit presence is discerned via a long series of constitutional rulings of a diverse nature. It is not clear what is the extent of This right of privacy, whether it be ...


4

In Canada, when a case is decided (usually by a judge), the "reasons for decision" are usually published on-line by the court's office. A lawsuit is started by filing the Statement of Claim in the court's office. At that stage, it is a list of allegations that the person suing hopes to prove at a trial; say, that a physician committed medical malpractice, ...


3

It may depend on what you can prove and what your jurisdiction is. If you were in New Zealand (we have reasonably strong consumer protection laws), and you could prove (on the balance of probability) that your doctor said there would be no cost - then he would be liable. Another question would be "Who billed you, and who did you contract to". If, for ...


Only top voted, non community-wiki answers of a minimum length are eligible