Health Care and Social Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Health Care and Social.
July 1, 2015 By The Law Offices of David K. Cuneo
Reliable information about the quality of care that hospitals provide to patients should be available to the public.
July 1, 2015 By Shein Law Center, Ltd.
Senators Edward J. Markey (D-MA) and Barbara Boxer (D-CA) recently focused their attention on the 1986 law created to protect students, teachers, and employees in the United States from asbestos exposure.
July 1, 2015 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Multiple sclerosis (MS) is a neurological condition with a complicated set of symptoms.
July 1, 2015 By Eichen, Crutchlow, Zaslow & McElroy, LLP
After a lengthy battle in court, Japanese drug manufacturer Takeda Pharmaceutical Company has agreed to pay out a record $2.37 billion to resolve claims that the company failed to warn users about cancer risks associated with one of their most popular drugs.
June 25, 2015 By HG.org
Anyone in need of social security disability benefits knows that money can be an enormous concern when you cannot work. Thus, you may be reluctant to hire an attorney to pursue a claim for social security. Still, there may be both costs and benefits associated with hiring a social security attorney, and you should know what they are before making up your mind.
June 17, 2015 By Legal Alliance
Order of the MOH No 242 of 24.04.2015 approving new Regulations on utilization and disposal of medicinal products was published on the web-page of Verkhovna Rada of Ukraine.
June 16, 2015 By Bottar Leone, PLLC
According to the United States Supreme Court, the two- year and six- month time limits in 28 U.S.C.§ 2401(b) of the Federal Tort Claims Act (FTCA) "are just time limits, nothing more. Even though they govern litigation against the Government, a court can toll them on equitable grounds."
June 16, 2015 By Shein Law Center, Ltd.
Recently in Washington, D.C., sponsoring Senators Edward Markey and Dick Durbin introduced the Reducing Exposure to Asbestos Database (READ) Act to revise the Asbestos Information Act of 1988.
June 15, 2015 By Richard DiTomaso, ESQ., PC
Brain injured patients are not benefiting from the newest cognitive neuroscience therapies available, according to scientists in an issue of Current Opinion in Behavioral Sciences.
June 15, 2015 By The Law Offices of David K. Cuneo
When we are ill or hurt and seeking quality care, we expect the best health care services from our doctor or hospital.
June 15, 2015 By The Law Office of James R. Moyles
When obstetric teams communicate well and follow established protocols, incidents of medical error and birth injuries are preventable.
June 11, 2015 By Shein Law Center, Ltd.
Pemetrexed is the only medication that has been approved by the FDA for the treatment of pleural mesothelioma. Since it was approved in 2004, pemetrexed combined with cisplatin has become standard treatment for mesothelioma patients.
June 11, 2015 By Eichen, Crutchlow, Zaslow & McElroy, LLP
An individual need not sustain physical injury in order to have suffered harm in the eyes of the law.
June 10, 2015 By The Law Office of James R. Moyles
Oral chemotherapy drugs have become a popular alternative to IV chemotherapy treatments for many cancer patients.
June 9, 2015 By Yav & Associates
Liberalisation of the Insurance Industry in the Democratic of Congo is now a fact. The new Insurance Law of the Democratic Republic of Congo of 17th March 2015, replace legislation that goes back to the immediate post-independence period of the 1960s.
May 19, 2015 By HG.org
The decision to end a pregnancy is rarely an easy one. Social issues, health concerns, or a wide array of other factors may be the reason for terminating the pregnancy, but the consequences can be devastating. Making matters worse, legal considerations have so deeply muddied the waters on a woman's right to choose that it is not always clear when one can have an abortion.
May 19, 2015 By HG.org
Any trip to the doctor can be scary, but more so when one faces a medical emergency. Still, most people place an enormous amount of trust in their medical professionals, whether doctors, nurses, or other medical staff. Unfortunately, despite that trust, every year thousands of medical mistakes occur. When they do, the consequences can range from nothing happening to the death of a patient.
May 5, 2015 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Recently, a survey was conducted by the West Health Institute with the goal of drawing attention to the pervasive and deadly problem of medical errors and to discuss possible solutions.
April 29, 2015 By Michelman & Bricker
Physicians entering into employment with a private medical practice, non-profit hospital, or for-profit hospital, are often required by these employers to sign a written employment agreement or employment contract that outlines the conditions of their business relationship.
April 28, 2015 By The Law Office of James R. Moyles
Damage to the delicate infant brain can have devastating effects on the life of the baby, as well as the lives of those who love and will care for the child throughout their life.
April 22, 2015 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Hospitals are big business today, with many actively competing for patients.
April 22, 2015 By Eichen, Crutchlow, Zaslow & McElroy, LLP
According to the New Jersey State Commission on Investigation, an epidemic of opiate addiction is sweeping the country.
April 22, 2015 By Michelman & Bricker
For a doctor or other practicing health care professional, a complaint that leads to an investigation by the State Board of Medicine can be devastating to your professional career, as well as your personal and financial well being.
April 17, 2015 By Michalopoulou & Associates
The issue of data protection becomes paramount. In the context of e-Health, it is critical that users are always given the option to users to refuse processing. If an app processes personal data, something quite common in most e-Health apps, it will also have to comply with the more stringent requirements of the Data Protection Directive.
April 16, 2015 By HG.org
Most people are familiar with the concept of a criminal commitment (i.e. a prison or jail sentence). But not everyone has heard of the concept of an involuntary civil commitment. So, what is this, how does it fit into the American legal structure, and when is it used?
April 14, 2015 By d'Oliveira & Associates
Manufacturers failed to take immediate steps to resolve issue of metal particles found in Children’s Tylenol medicine.
April 14, 2015 By King Aminpour Law Firm
If you or someone you know has recently lost a loved one due an incident of ‘Medical Malpractice’ – you may be wondering what your legal options are, and what type of attorney to consult with in order to get the legal advice you need. There are two types of attorneys you might want to consider and should contact in order to get the necessary legal advice to decide your best course of action.
April 12, 2015 By Herdem Attorneys at Law
On 06 February 2014, Turkish Parliament has enacted a 6518 Omnibus Bill, gazetted February 19th 2014, which adjoins a provision to article 3 of the Law No 4734 Public Procurement Law (“Law”) stipulating that purchase of goods and services provided to ensure innovation, local production and technology transfer under offset/industrial participation programs are not subject to Law No 4734.
April 9, 2015 By Yingke Law Firm
Fake wine is nothing new in China. Even though the economic incentives for going after counterfeiters have never been greater, the fakes are still out there. But there are two things to keep in mind.
April 9, 2015 By d'Oliveira & Associates
Reasons why retirees should wait until their full retirement to receive Social Security Benefits.
While every disability law firm handles cases slightly differently, there are many similarities between the firms. Here is an overview of how a disability attorney handles Social Security claims.
Many Americans today suffer from some sort of chronic illness.
Healthcare services are in strong demand in China due to its rapid economic growth and increasing people’s wealth in the last decades. However, it is only recently that foreign investors can establish wholly foreign owned hospitals in China and still in only a very small number of hospitals in China.
Government adopted the Regulation of the CMU on establishment of unlimited re-registration and simplification of some medicinal products registration.
Very simply, in Pennsylvania doctors do not have to treat patients who refuse vaccinations for themselves or their children.
It is estimated that there are 200,000 pulmonary embolisms (PE) deaths every year in the United States related to deep vein thrombosis (DVT.)
U.S. gynecologists had been routinely using a medical device called a laparoscopic power morcellator in hysterectomies and fibroid removal procedures for years when the U.S. Food & Drug Administration began warning doctors of serious risks associated with this device last April, 2014.
Many patients with chronic illnesses such as high blood pressure or diabetes enjoy the conveniences of automatic prescription refill programs which helps them efficiently manage their medications.
Living in a country that is known for its wealth, advanced technology, and some of the best healthcare in the free world, U.S. citizens do not typically worry that they may not survive a hospital stay.
Starting a new business in Ukraine appeals to foreigners, as it provides a real opportunity for significant profits from trade at the pharmaceutical market. This niche of the market shows permanently existent and growing demand for different medical drugs along with various supplements and accompanying personal care products.
If a consumer is injured by a defective product, he or she may have a variety of avenues available to protect him or her.
In 2015, all hospitals and doctors’ offices will be required by federal law to keep electronic medical records. Many facilities have already begun the process of digitizing records.
Diagnostic errors affect approximately one in every 20 Americans, and have the potential to cause serious harm to six million individuals each year, according to a recently published study in the journal BMJ Quality & Safety.
As hospitals and medical facilities race to meet the federal mandate for implementation of electronic medical records this year, human error and technological growing pains are putting patients at an increased risk for potential injury and death.
Surgeons perform over 600,000 hysterectomies each year in the United States. One of the most common medical devices used during this procedure is a power morcellator, a surgical tool used to slice through bodily tissue.
When undergoing a surgery or other medical procedure, you have the right to expect that mistakes will not be made that will cause you injury. You trust your surgeon to have a level of skill and experience in their field that should enable them to perform their duties without error. Sadly, however, mistakes do happen, and often these mistakes cause lasting harm to the patient who entrusted the doctor with their care.
The FDA has warned that antibiotic drugs known as fluoroquinolones may increase the risk of serious nerve damage known as peripheral neuropathy. Nerve damage in the arms or legs resulting from peripheral neuropathy can occur just a few days after beginning treatment with FQ antibiotics such as Levaquin, Cipro, or Avelox, and may be permanent.
No one sets sail on a vacation cruise expecting to sustain a serious injury or illness. But passengers who do require medical treatment expect that the care they receive will be delivered according to the recognized standard of care. When they are harmed by medical negligence, they may have available the legal right to hold those responsible accountable.
According to a recent study reported in the Journal of Patient Safety, approximately 400,000 preventable deaths occur each year in hospitals across the country.
Certain types of repetitive work activities can either cause, or aggravate symptoms in areas of the body, including the knees, arms, shoulders, back and neck. The types of activities and jobs are virtually unlimited, and can be the subject of considerable litigation.
Confidentiality clauses in lawsuit settlement agreements have become more common over the years, but secrecy in settlements can be harmful for injured plaintiffs and for the public.
Medical professionals at every level – from top surgeons to nurses and aids – have an obligation to provide patients with a “standard of care.” This responsibility includes taking actions that fit into the medical community’s assessment of appropriate medical interventions. A violation of this responsibility that causes harm to a patient may fall under the scope of malpractice.
In this article, I explain the basic negotiation points in an Operating Agreement for a California ambulatory surgery center (ASC). I focus mainly on control and on exit (buy-sell).
The Possibility of Realization of Medicinal Products after Termination of the Registration Certificate
On 10.20.2014, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Amendments to the Law of Ukraine "On Medicinal products" concerning turnover of medicinal products and state quality control of imported to Ukraine medicinal drugs".
A landmark decision by the 11th U.S Circuit Court of Appeals has declared that laws based on a series of court decisions, which have been protecting cruise ships from medical malpractice lawsuits for over 100 years, are outdated and no longer applicable.
A Kentucky woman whose son was diagnosed with spastic quadriplegic cerebral palsy has been awarded an $18.3 million settlement by a jury.
California legislators plan to introduce a bill to eliminate the personal belief exemption which allows California parents to refuse to vaccinate their children. Two U.S. senators also want to eliminate the religious exemption. Whether either change is enacted, daycare facilities who fail to protect others from unvaccinated children and parents who fail to vaccinate their children risk liability for any injuries or deaths caused by their child’s spread of the highly contagious measles virus.
Who gets the patient medical records after a physician leaves a group medical practice? Here's a proposed structure that is fair and resolves the problem up-front for all sides.
Patients who are harmed by negligent care provided by doctors, nurses, or other medical professionals may have grounds to file a medical malpractice lawsuit.
Each year, more than four million babies are born in the United States. Fortunately, most of these babies are born healthy and without complications. But when problems arise in the delivery room that result in birth injuries, parents and families are left questioning what went wrong.
The Pennsylvania Workers’ Compensation Act provides for different standards and evidence required to prove psychological injuries, as compared to physical injuries. The most common type of work injury claim involves a physical to part of the body, caused by a physical event – such as by falling or lifting something.
My clients are often surprised to learn that even after devoting many years of loyalty to a company, that he or she is subject to termination, even after suffering a work related injury.
Medical malpractice is a national crisis, killing more than 200,000 people each year by some estimates.
Included in the Draft Tax Reform of Income Tax Law for Non-residents is a significant modifying rule that could be described as a "second chance" to allow those non-residents who have not declared foreign pensions received to rectify the situation.
We all want the best for our loved ones. Most of us would give anything to give back to our parents in their old age what they have given to us growing up. Unfortunately, some families have members that do not respect the relationship with their elders, and may take advantage of them in a vulnerable condition.
Senior citizens have been given certain unnecessary drug testing in a Medicare fraud scheme.
On Requirements Set by the European Federation of Pharmaceutical Industries and Associations (EFPIA)
Starting in 2015, the pharmaceutical companies - EFPIA members shall comply with the requirements regarding the disclosure of information on the transfer of value to Healthcare Professionals and Healthcare Organizations.
People who are injured as a result of medical negligence are entitled to seek compensation through a lawsuit. However, in the vast majority of medical malpractice cases, a lawsuit is never filed. In fact, in the case of misdiagnosis – one of the most common types of medical errors – the patient may not be aware that a mistake occurred, and the error itself may go unreported.
It would be a truth universally acknowledged among sensible people that the sharing of information on best practice, and the identification of meaningful trends gleaned from data, can only be a bonus for all organisations regardless of operation - and none more so than the NHS.
Next year, foreign citizens in Russia will be more protected from the medical point of view. The Ministry of Labor has prepared a project under which employers next year will be to deduct contributions to the social security fund for foreign workers in the amount of 1.8% of the salary fund.
The New York State Workers' Compensation Law provides for indemnity and medical benefits if a claim is found to be work related. One of the more controversial aspects of a work related claim occurs when an injured worker alleges stress, anxiety or depression as a result of employment.
It is not a secret that an average childbearing age in the developed countries has significantly increased. Many people in developed countries live for a long time "for him(her)self" and start thinking about children only at the age of 40. And if such an age is not a problem for a man, a woman, even with modern medicine, may have some difficulties with the childbirth. In most cases the surrogacy is the only way.
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
When whistleblowers report fraud within hospitals and pharmaceutical companies, they may also unknowingly stop risky medical practices.
It may seem to run contrary to common sense, but it is possible to collect both workers' compensation and unemployment benefits. However, an injured worker should be aware of the limitations of each program.
Studies show that understaffing is directly linked to elder abuse in nursing homes.
Seven whistleblower suits against Community Health Systems and associated entities was settled in August for $98 million.
Primary plan employers or carriers have to pay damages to both Medicare and individual lawsuits for failure to pay conditional payments.
A skilled pickpocket does not just take your wallet; he directs your attention elsewhere. When you notice you have been robbed, you blame someone else.
When a person is injured while in the hospital, he or she may consult a personal injury attorney who focuses on medical malpractice claims. One of the first questions that an attorney of this nature will try to answer is who may be sued. In addition to surgeons or other healthcare staff, hospitals may also be sued in some cases for malpractice. The hospital may be able to be sued if one of the following situations is applicable.
A medical malpractice case may arise when a patient’s treatment falls below the standard of care when compared to other surgeons in the same practice area and the patient is harmed. A patient may be injured due to a variety of surgical errors.
The determination of whether an injured worker is an independent contractor or an employee involves a variety of tests and factors. The ultimate decision is critical, as it can determine whether benefits under the New York State Workers' Compensation Law are payable by the employer.
In the UK Medical Negligence cost the NHS £1.2 billion during 2013/2014 – but why are mistakes within the medical world on the increase? There were over 3,000 claims made within 2011/2012, compared to just 250 in 1981/1982 – have we become a compensation hungry nation, or is medical care really going downhill? We take a look at the issues surrounding medical negligence claims and take you through whether you should make a claim against the NHS.
By MMLC Group
This article is aimed at introducing some important provisions of the PRC Patent Law that pharmaceutical companies need to be aware of when making or selling their drugs in China.
An employee injured in New York State will likely have to decide whether to retain a workers' compensation lawyer to assist in the claim. For a myriad of reasons, more often than not it makes sense to secure the services of an experienced attorney.
When our loved ones grow old and sick, families can feel a sense of relief knowing that when they are put into a nursing home they will receive the 24 hour a day care that they truly need. Having grandma and grandpa live at home may be nice for the family, but you and your spouse are not certified to give true medical attention that they need, and working full time in the midst is not helpful for them either.
Since the time we were children, we have heard that medications will make all of our problems go away. After years of testing, and product consumption, people are now starting to realize that there are unwanted side effects for almost every medication out on the market today.
According to the U.S. Food and Drug Administration (FDA), India's pharmaceutical company Lupin Ltd is recalling 9,210 bottles of the infection-preventing drug Suprax because of a failed purity test in the United States.
Every parent hopes their newborn child will enter this world happy and healthy. In most cases, this is exactly what occurs. In some rare instances, however, newborn children may suffer from a birth injury. Following are ten of the most common birth injuries experienced by newborns in Georgia.
By Karbal & Co.
Libya is largely dependent on imports, consisting mainly of industrial and food commodities. Libya’s biggest trading partner is the European Union and Italy leads with 30% of Libyan imports. This significance of the Libya/EU trade-link across the Mediterranean is undisputed as the seaports of Libya are invigorating their connections to the southern European seaports.
Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
By STA Law Firm
“The malpractice is an error occurs due to the unfamiliarity of a practitioner with the technical aspects which each practitioner is assumed to be familiar with, due to negligence or paying insufficient efforts”.
The da Vinci surgical robot has been marketed as a breakthrough in making surgery more efficient and less invasive. The da Vinci robot has a sophisticated 3D view camera and four remote control arms, enabling surgeons to perform operations such as hysterectomies and prostatectomies through smaller incisions but with better visibility and precision. The da Vinci robot is currently used in about 1,000 hospitals and hundreds of medical offices across the United States.
Living with Fibromyalgia is no walk in the park for anybody, but there is help for it if you know where to look. Getting disability benefits for Fibromyalgia is possible, but first you have to understand the disease. Talking to your doctor is a great place to get the answers you seek, but you can still do your own homework. When all is said and done, you ultimately need to know why you might need help with this sometimes debilitating ailment.
In this article we will take a look at the current climate for free-standing, independently-owned physician surgery centers predominately in New Jersey, but affecting many areas of the country, and why it may be the harbinger for increased litigation to come. We’ll highlight a few of the recurring legal issues which tend to arise and take a look at some of the more common and fertile areas for litigation.
Social Security disability benefits can be paid to people who have recently worked and paid Social Security taxes and are unable to work because of a serious medical condition that is expected to last at least a year or result in death. The fact that a person is a recent parolee or is unemployed does not qualify as a disability.
I rose to shake hands with my client and asked her to sit down. You see, at first I didn’t recognize her. It was only when I glanced down at her hand and saw the ring that I knew it was she. An old and now estranged friend had given it to her.
Pharmaceutical Industry is one of the most critical industries with its production volume and trade capacity. The point that differs pharmaceutical sector from other sectors is the nature of pharmaceutical products that are not suitable for replacement for many reasons. Due to the dynamics of the pharmaceutical industry, it is one of the most significant and crucial sectors in the world, considering the cyclical trends will be in the future.
Medical malpractice and personal injury attorneys practicing in Rhode Island should be aware of a recent state Supreme Court decision that is helpful for our state’s consumers.
A large portion of the whistleblower lawsuits that are filed are related to the healthcare industry. The government funding of Medicare and Medicaid has lead to the large number of complaints related to healthcare fraud.