70
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, ...
- 5,607
69
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 ...
- 22.2k
64
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 ...
- 22.2k
58
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, ...
- 9,075
39
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 ...
- 157k
38
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 ...
- 157k
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 ...
- 5,296
28
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.
- 9,075
23
votes
Can an incapacitated individual consent to marriage?
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 ...
- 20.7k
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 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 ...
- 157k
19
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 ...
- 130k
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 ...
- 43.4k
17
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 ...
- 7,967
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 ...
- 89.6k
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 ...
- 157k
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. ...
- 157k
12
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 ...
- 157k
12
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, ...
- 6,089
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 ...
- 648
10
votes
Can an incapacitated individual consent to marriage?
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 ...
- 691
9
votes
Can a doctor withhold test results due to non-payment?
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 ...
- 22.2k
9
votes
Accepted
Can the law limit what heath care providers I see if I have commercial and medicaid?
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 ...
- 157k
8
votes
Accepted
Legal effect of "I am a health care professional" buttons on medical websites
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 ...
- 4,086
8
votes
Accepted
Precedent of doctor being sued after giving his private phone number
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 ...
- 5,537
8
votes
Can a Pediatric Dentist Require Conscious Sedation or Refuse Treatement?
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 ...
- 89.6k
8
votes
Accepted
Litigating personal injury in Germany due to lack of proper testing
There are none.
Damages against B’s clinic? A does not have a contract with B’s clinic. No duties nor rights without a contract.
Damages against B?
A does not have a contract with B. If there was a ...
- 990
7
votes
My physician gave my meds away to another patient. Has he broken any laws?
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 (...
- 3,348
7
votes
Accepted
Kicked out of doctors office for refusing to allow them to take pictures. is this legal?
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
...
- 157k
Only top scored, non community-wiki answers of a minimum length are eligible