71
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, but not even being able to seek compensation is just the last straw.
Note that under the PREP Act, you can seek compensation from the government if you are ...
66
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 societal role of the patient.
42 USC 273 specifies that organ procurement shall be administered by "qualified organ procurement organizations" and sets up ...
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 ...
56
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, the organs are removed and they have a very limited lifetime. Typically they are made available to local hospitals within a certain range. This means for a ...
39
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 vaccination - through vaccination, this illness was eradicated globally). The court observed that
in every well ordered society charged with the duty of conserving the
...
38
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 include a test which requires skills, equipment or a contractual relationship that they don't have. Also if a procedure conflicts with their professional duties (...
29
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.
27
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 intentionally infecting
myself with a virus?
Yes, governments have the broad authority to enact laws. The US prohibits and regulates pathogen experimentation ...
23
In england-and-wales this would fall within the Mental Capacity Act 2005 and depends on whether he lacks the mental not physical, capacity to make the decision for himself.
Can he:
Understand the information relevant to the decision
Retain that information
Use or weigh that information as part of the process of making the
decision
Communicate that decision (...
22
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 Court, in 1905, ruled:
The liberty secured by the Constitution of the United States does not
import an absolute right in each person to be at all times, and in ...
21
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 reckless endangerment lawsuit.
The problem is you would then become responsible for all unintended consequences that could be connected to your actions. And ...
answered Mar 13 '20 at 23:24
Harper - Reinstate Monica
11.4k2 gold badges16 silver badges50 bronze badges
19
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 a test that has been requested by their patient?
Generally, no.
Unless the medical professional has entered into a contract to provide it with the patient ...
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 ...
17
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 the 14th Amendment by depriving Jacobson of his "liberty" without "due process of law."
In upholding compulsory vaccination, the Court used ...
17
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 Preparedness Act for Medical Countermeasures Against COVID–19 (PDF) was published in the Federal Register Vol. 85, No. 52 for Tuesday, March 17, 2020, on pages ...
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 ...
12
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 here for a list. You might not consider purposefully contracting coronavirus to be attempted suicide, and maybe 90% of the population will agree with you, but ...
12
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 of alcohol or other incapacitating substances, or
because a party was induced to enter into the marriage or domestic
partnership by force or duress, or by ...
12
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, may lawfully contract matrimony.
(The prohibited list includes close relatives, people who are already married, people under 16, and people of the same sex, ...
10
In france, consent can be presumed from past actions and behavior. In this case, having a wedding planned for later the same week, rings bought, and so on would probably work.
The same principle allows marriage of a dead fiancee.
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 ...
9
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.
9
This is "Topic #601" in various ForwardHealth interpretative statements about BadgerCare Plus and Medicaid. The last 3 paragraphs say:
When commercial health insurance plans require members to use a
designated network of providers, non-network (i.e., providers who do
not have a contract with the member's commercial health insurance
plan) will be ...
9
A medical practitioner may use whatever methods s/he thinks proper and appropriate, subject to the limits of malpractice law, and to the right of the patient (or patient's parent or guardian for a child) to give informed consent to any procedure or treatment.
A patient can not insist on a treatment or method that the doctor or dentist does not wish to ...
8
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 ...
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
The relevant law is 42 USC 247d-6d, which says that
a covered person shall be immune from suit and liability under Federal
and State law with respect to all claims for loss caused by, arising
out of, relating to, or resulting from the administration to or the
use by an individual of a covered countermeasure if a declaration
under subsection (b) has been ...
7
Welcome to LSE. Here are some answers to your question:
No! It's not even close, but something like it is.
The OSHA standard you cite is for mercury in the air in the workplace. You ask about "injections," which do not involve mercury in the air, so: this standard does not apply to injections.
You ask about "injecting your employees with ...
7
Yes and no
In Germany, the first case where vaccination was mandatory was Smallpox. The Bundesverwaltungsgericht had adjudicated back in Juli 1959 – I C 170.56 - that mandatory Vaccination (Impfpflicht) against Smallpox follows the Impfgesetz of 1874 (RGBl. S. 31) which was declared a) still good law and b) in line with the Grundgesetz and so enforced ...
6
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) ...
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