Health Care and Social Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Health Care and Social.
February 22, 2017 By HG.org
Medical malpractice cases are complex and often take a substantial amount of time when tried. They can be expensive for both parties.
February 22, 2017 By HG.org
An increasing trend in personal injury cases involves claims that are brought forward related to a loved one acquiring bedsores. The formation of these bedsores may provide a basis in a lawsuit.
February 21, 2017 By HG.org
Plastic surgery is an elective procedure that usually requires out of pocket income for payment to the healthcare facility and physician that attends the patient. In most circumstances, these surgeries are requested at the behest of a specific person that wants to alter something or feels that a change of a cosmetic manner is needed.
February 21, 2017 By Kline & Specter, PC
Childbirth is especially susceptible to medical error because of the complexity and variability of the medical issues that can arise. Medical mistakes during childbirth can lead to devastating injuries, such as Cerebral palsy or Erb’s palsy, and sometimes even result in the tragic loss of the infant’s life. When your child suffers a birth injury, you should always consult with an experienced medical malpractice lawyer.
February 16, 2017 By The Posey Law Firm, PC
The reporting requirements for the Affordable Care Act (ACA) will remain in effect for the 2017 reporting period, which covers 2016. Any legislative actions regarding repeal of the ACA will have a delay in full implementation.
February 15, 2017 By d'Oliveira & Associates
With alleged prior knowledge of the flawed design, DePuy still marketed these metal-on-metal implants.
February 13, 2017 By LeViness, Tolzman & Hamilton, PA
If you are divorced and planning for your retirement, you may have questions about what benefits you are entitled to receive, including Social Security or disability benefits from your ex-spouse.
February 10, 2017 By Murphy Law Group, LLC
When and why you can take FMLA leave.
February 8, 2017 By Harold J. Gerr
Tragically, two people recently lost their lives after the batteries in their implanted heart defibrillators failed to function properly.
February 7, 2017 By HG.org
Medical malpractice issues plague thousands of patients in the United States each year due to medical errors and negligence. Deviations from standard care may be a contributing factor that leaves a healthcare facility open to litigation. However, before a lawsuit may be pursued by the victim of injury, there are certain deciding factors that should be considered.
February 6, 2017 By HG.org
When diagnosed with a medical condition, the situation is often stressful and emotional as it is. When the person discovers that initial health problem is not what is really occurring, he or she may become agitated, angry and upset.
February 6, 2017 By Galfand Berger LLP
Pennsylvania lawmakers could be making some changes to nursing home regulations. A task force within the Department of Health conducted a recent review of these regulations and found that patients might be better served by oversight that prioritizes quality of life, rather than quality of a facility.
February 5, 2017 By HG.org
In a medical malpractice case, a medical expert may provide critical information before or during the trial. It is important for the person hiring the expert to have a clear understanding of the role of the medical expert and on laws that pertain to medical malpractice cases.
February 2, 2017 By HG.org
Everyday people are injured and must go to an emergency room to seek care for their medical needs. However, in some cases, a doctor’s errors may result in causing even greater harm to a patient. When a doctor acts in a negligent manner, an injured patient may be able to pursue financial compensation for the harm caused to him or her.
February 1, 2017 By Kalish Law Texas
If you are the caregiver for a person who is a minor, or who has an illness or other condition that causes them to be unable to manage their own affairs, then you may have thought about filing a guardianship in a court. You should be aware that there may be alternatives.
January 30, 2017 By d'Oliveira & Associates
The plaintiff alleges that the drug Risperdal was responsible for his gynecomastia.
January 27, 2017 By HG.org
When a person is harmed during a medical procedure, the family and victim often feel it necessary to seek a suit against the attending physician, healthcare facility or those involved in the incident. Unfortunately, it is not always possible to seek compensation when injury occurs in these situations.
January 27, 2017 By HG.org
A baby’s birth is usually one of the happiest times an expecting mother experiences in her life. However, this is not the case when a medical professional is negligent in his or her duties. The consequences of unprofessional actions often affect the entire life of the person birthed during this situation.
January 26, 2017 By HG.org
Medical malpractice cases arise in the thousands each year that affect individuals and groups in grievous ways. Injury is the most frequent outcome, but some victims lose their lives when a physician is not exhibiting appropriate behavior or standards when operating or caring for someone else.
January 25, 2017 By d'Oliveira & Associates
All the lawsuits filed against the Xarelto manufacturers claim that they have suffered serious or life threatening side effects from the drug.
January 25, 2017 By Matt Dickstein, Business Attorney
Physicians sometimes team up with chiropractors, physical therapists, acupuncturists, massage therapists and other health care providers to offer integrated care.
January 25, 2017 By Matt Dickstein, Business Attorney
The key to the structure is this: The two physician / shareholders can either work together, or they can breakup.
January 24, 2017 By HG.org
When a baby is injured during birth, he or she may have a negative impact that affects him or her throughout life or long-term physical harm that could lead to serious complications. Other minor bruises or lacerations could transpire when particular instruments and tools are used through the healthcare facility.
January 19, 2017 By Sidney L. Gold & Associates, PC
In a recent report, the United States Food and Drug Administration (FDA) reported that 12 hospitals in the United States failed to comply with their requirement to report device-related patient fatalities to the devices’ manufacturers in a timely manner.
January 17, 2017 By d'Oliveira & Associates
Evidence piles up as more cases alleging that Talcum Powder was the cause for ovarian cancer are filed.
January 11, 2017 By HG.org
When a child is harmed during a medical procedure, the parent is usually the person that has to consider filing a claim for medical malpractice. However, there are some well-informed young persons that know when this should occur and when the issue is merely a bad outcome and not malpractice.
January 6, 2017 By LeViness, Tolzman & Hamilton, PA
Social Security Disability (SSD) benefits are available to those who have suffered a medical condition that leaves them unable to work for at least one year, or until the person passes away.
January 4, 2017 By Matt Dickstein, Business Attorney
There are two basic elements to a buy-in: the amount of the buy-in price, and the time over which the price is paid. In this article, I discuss the latter element– buy-in to a medical practice in installments over time. I leave the first element, the amount of the buy-in price, to certified appraisers and the like.
December 26, 2016 By HG.org
There are many instances where a person has been harmed by a doctor during a medical procedure. When these incidents occur, one course of action is to seek compensation for additional treatment that is necessary for resolving the injuries that occurred with the initial physician.
December 21, 2016 By Folkman Law Offices, P.C.
If you or a loved one is hospitalized because of an injury or illness, you are putting your health and safety in the hands of medical professionals.
December 19, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Pregnant women often refer to their “water breaking” when talking about childbirth. This refers to the rupturing of the membranes around the amniotic sac and chorion, which results in amniotic fluid leaking out.
Of the most common causes of death in the United States, medical errors and issues rank number three. Approximately 400,000 persons die each year due to these acts made by medical practitioners who are highly trained.
Mistakes that cause injury or death are common in the medical world. These occur with both healthcare practitioners and medical students. The question that may be of great concern is when these errors arise, who could be liable. Who is at fault may be what is asked of the victim of these accidents.
There are a vast variety of medical insurance carriers, plans, contracts and programs available for consumers to choose from both through work, staffing agencies, independently and through assistance. It is often difficult to choose the correct one that matches everything needed by the individual.
Patients that receive prescription treatment from a physician of an advanced age may increase their risk of falls and injury. It is difficult for many older persons to coordinate from place to place with greater and further distance, but adding many different medications to these acts have heightened possibilities of causing harm to these individuals. Some medical professionals do not take the normal aches and pains into account when prescribing certain pills and substances for elder patients.
There are a vast variety of hormones and vitamins that are on the market and available online for purchase by consumers. While some of these may work as directed, there are numerous others that are both harmful and ineffective despite claims to the contrary.
Testosterone has been linked with heart attack and disease risks that could lead to serious injury or death. Every single male that consumes this product has a chance of danger at some level, but there tends to be a higher possibility for harm in those younger than 65 years of age.
December 8, 2016 By Thomas Creech Law Offices, LLC
Medical malpractice cases, for a normal patient, can be frightening and difficult to comprehend. Often, the patient, or the patient’s family, is reeling and in a state of disbelief, or even denial, that they, like thousands of other patients, have been harmed by medical malpractice. So after a patient or family member has been harmed or injured by a doctor or nurse, the patient or family member may ask: “What do we do next?” or “What do we do now?”
December 7, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
A heating and cooling device used during surgical procedures has recently been linked to serious and fatal infections at three Pennsylvania hospitals.
November 30, 2016 By Sidney L. Gold & Associates, PC
Whether you are a recent medical school graduate or a seasoned physician preparing for a change in your employment, it is important to know the basics before you sign a new employment contract.
When it comes to disability benefits, the type of benefits that you are collecting will determine whether they are taxable or tax free. How your disability benefits are taxed depend on who makes the payment and the deductibility of the premium payments.
November 28, 2016 By d'Oliveira & Associates
Thousands of women are reporting serious injuries and health complications from the device.
Social Security claims are important to those that have disabilities of varying degrees and types. Many of these individuals are unable to work in gainful employment. This means they are unable to sustain daily living with the assistance of some form of a job.
When medical students make mistakes in hospitals, they may be held liable for damages if patients are harmed by their negligence, but it is unlikely. In most cases, physicians are held liable for any errors on behalf of their students and interns. Under vicarious liability, hospitals may be held liable.
After severe internal bleeding from Xarelto use, one man’s lawsuit is scheduled to go to trial.
Fentanyl, Oxycodone, Methadone, and Other Prescription Painkillers Cause Thousands of Overdoses Each Year
The epidemic of opioid overprescription has led to thousands of cases of abuse, addiction, and overdose each year. Patients who are harmed by prescription painkillers such as fentanyl, hydrocodone, methadone, and oxycodone may qualify to file a lawsuit against the drug's manufacturer or the doctor or medical facility that prescribed the medication.
Fraud crimes are perpetuated in almost every facet where money or benefits are exchanged. Though fraud may primarily deal in information, the actions of using that information are still considered invalid and a form of fraud.
Healthcare has been abused since its inception in one way or another. This abuse may have been with using the healthcare, signing up or through fraud. These crimes cost billions in Medicaid each year.
Like any situation where you are attending an appointment or a treatment with a physician, the potential for injuries is there with a plastic surgeon as well. Injuries sustained as a result of a doctor’s negligence may form the basis of a medical malpractice claim.
The health care industry has been undergoing major changes in recent years. In response to the pressures that are causing these changes, many doctors are forming partnerships or merging existing practice groups.
Many claims for Social Security benefits are denied initially. This is usually the case when poor planning or improper preparations are made when attempting a claim for these monetary or insurance benefits.
When an employee is unable to work because of a physical injury like a broken bone, a chronic back condition, or a serious illness like cancer or multiple sclerosis, the condition is obvious. The injury can be seen, and the illness can be verified through medical tests.
The False Claims Act has become most well-known today for violations from the health care industry. Those that submit a false claim stand to face severe consequences.
It is best to prepare for a Social Security Disability claim when applying for benefits. Preparations with documentation and medical details are ideal when claiming for either Supplemental Security Income or Social Security Disability Insurance.
When a person has a claim for Social Security Disability, he or she most often has to face at least one rejection of the claim before any money may be seen to help with his or her situation. The process the case takes usually has very harsh judgment in determining if a person is eligible and approved for these benefits.
Consulting with an attorney is strongly recommended as soon as possible after you believe you have suffered an event of medical malpractice
More cases of victims of deep joint infections are claiming that it was caused by the Bair Hugger Warming Blanket system used by the hospital.
A durable power of attorney allows you to name someone to make financial decisions for you if you are not able to make those decisions yourself.
Knowing how and when to apply for Social Security benefits can be a confusing process, especially if a person is divorced. Clients often have questions about whether he or she is entitled to a portion of the ex-spouse’s benefits, and the best way to pursue collecting those benefits.
When employees work at the same place for so long, they expect to accrue several types of pay to their own accounts. Among these are often pension, unemployment when needed and disability benefits if any type of issue ever arises.
ESSURE® complications may lead to litigation.
As demonstrated by a ruling of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] from July 1, 2016, associated risks and side effects need to be taken into account not only in relation to medications but also advertising for pharmaceuticals (Az.: 6 U 151/15).
The Second Amendment to the United States Constitution, gun control laws and the prevalence of mass shootings made up an ongoing debate during the second decade of the 21st century. During recent years, there have been additional measurements put in place to help safeguard communities from mass murderers.
FDA Orders Black Box Warning About Overdose Risks for Patients Taking Opioid Painkillers and Benzodiazepines
The Food and Drug Administration issued a warning that patients taking opioid painkillers together with a class of anti-anxiety medications known as benzodiazepines, such as Xanax or Ativan, may be at risk of suffering a combined drug overdose.
Various claims for Supplemental Security Income and Social Security Disability are often met with resistance. Large amounts of time and energy are used to prove a claim when the money is desperately needed by someone that cannot work or work enough to support the household.
When undergoing a surgery or other medical procedure, you have the right to expect that mistakes which cause you injury will not be made. Patients trust their surgeons to have a level of skill and experience that enables them to perform their duties without error.
Medication often affects individuals differently based on body chemistry and many different factors. It sometimes requires some tweaking and testing to determine which pills work the best for the patient. To discover the right medication for the person, careful attention to the entire process is required by the healthcare professional.
The insidious nature of ovarian cancer makes it difficult to detect in its early stages when treatment is most effective.
If you have been injured resulting in a disability that prevents you from returning to your job, you may qualify for Social Security Disability Insurance (SSDI). The amount of benefits you will be eligible for depends on your work record. This means that you will likely receive what your Social Security retirement benefit would have been if you continued to work until retirement age.
In general, a patient’s choice whether he will undergo a particular treatment or participate in a clinical trial constitutes an expression of his autonomy and human dignity. His consent ensures respect of his personality, dignity and free will. In the health sector, consent is necessary for every intervention on the human body, while a different consent is also required for further using in research personal health data.
Individual developers as well as SMEs across the world are currently developing a Cambrian explosion of business activity on mobile. This in turn creates data protection issues, as the data stored and processed concerns highly private health information. It is therefore essential to design health apps in a way that ensures user privacy.
When a woman goes into labor, she puts the life of her unborn baby in the hands of well-trained medical professionals. In most cases that person is an obstetrician, gynecologist, neonatologist, or other doctor who has had the necessary training to safety deliver babies. Some women decide to go a slightly different, more natural route, by opting to have a midwife deliver their baby.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is legislation that provides guidelines and practices for the safeguarding of private medical information. Most familiar to the general public is HIPAA’s Title II, which established national standards for the electronic access and transmission of personal health care information.
More lawsuits are being filed against Pfizer for their negligence and for allegations that Viagra elevated the risk of Melanoma.
In a stunning verdict that is being hailed as a message to physicians who overprescribe opiate medications, a St. Louis jury awarded $17.6 million in punitive damages to a couple severely affected by opiate abuse.
It seems that most physicians do not have a favorable opinion of the physician self-referral provisions, known as the Stark Law. The Stark law is actually three separate provisions that govern self–referral for Medicare and Medicaid patients.
A broken bone, also known as a bone fracture, can be extremely painful, often requiring a fair amount of time to fully heal. Some fractures heal relatively quickly without any complications, while more severe breaks can be more problematic.
By MMLC Group
In China, pharmaceutical trademarks are regulated by both the pharmaceutical law and trademark law. Pharmaceutical generic names are prohibited to be registered as trademarks as per Article 11 of the PRC Trademark Law, but only those distinctive pharmaceutical names can be registered as trademarks.
Since 2013, when the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its Final Rule implementing revisions to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the potential for business associates to be sanctioned for privacy breaches has been a concern to law firms that regularly handle protected health information (PHI). A recent settlement involving a business associate brings that concern into sharper focus.
Using data from the FDA, website HealthGrove was listed as one of fifty of the most dangerous prescription drugs.
It is very unsettling to be confronted with the thought that your child may have suffered harm at the hands of a medical professional in whom you put your trust. In addition to the heightened concerns over your child’s health, the added anxiety surrounding legal issues can seem overwhelming.
Looking for compensation after claiming that his enlarged breasts were due to Risperdal, the victim won his suit for improper warnings by Johnson & Johnson.
The complexity of procedures for implementing surrogacy requires fixing contractual relationships between the parties and fixing the potential risks for each party.
Tens of thousands of citizens join health clubs or gyms to stay healthy. The Centers for Disease Control and Prevention recommend that adults get at least 150 minutes of moderately intense aerobic exercise every week, and many people join a health club to improve their overall health.
The New Jersey Tort Claims Act (“NJTCA”), N.J.S.A. 59:1-1, et seq., provides that “parties suing public entities must comply with strict requirements for notifying and suing those entities.” Feinberg v. N.J. Dep’t of Envtl. Prot., 137 N.J. 126, 134 (1994).
By APC Law Firm
The right to maternity and paternity is one of the basic moral rights of the couple under Art. 49.50 Family Code of Ukraine. However, there are circumstances due to health reasons, which could foreclose the couple of realization of this right naturally. But this does not mean that the couple can’t become parents, as an alternative way out - to go for help to the surrogate mother.
When a Memphis worker is injured on the job, they can rely on workers’ compensation for medical benefits, and in some cases, replacement wages. Workers’ compensation laws are complicated, though, and differ from state to state.
The process of applying for Social Security Disability benefits can be complicated, confusing, and overwhelming. In order to successfully secure the benefits you need, knowing what not to do is sometimes just as important as knowing the right steps to take.
A new study conducted by doctors at Johns Hopkins suggests that most medical mistakes are not noted in official medical records or death certificates.
Section 1877 of the Social Security Act is commonly referred to as the “Stark Law.” This law has important provisions regarding physician self-referral for the purposes of Medicare and Medicaid.
When negligent behavior injures patients, physicians are subject to claims of medical malpractice. This phenomenon is becoming a serious problem in the United States. Studies have determined medical malpractice to be the third leading reason people lose their lives in America.
When applying for Social Security disability benefits, there are some things that you should know about how the system works, especially when you are considering whether or not to hire a Social Security disability lawyer.
In a legal action that includes nearly 50 plaintiffs, Johnson & Johnson lost a second trial over claims that its talcum powder causes ovarian cancer.
Opioid painkillers such as oxycodone, morphine, or fentanyl are legal drugs commonly prescribed by doctors to treat severe pain. They can be helpful for patients managing chronic pain conditions who may have suffered a personal injury, but can have very serious side effects if overused or abused.
Consumer protection is a vital, but often ignored, issue in developing countries, and Bangladesh is no exception. However, in a country like Bangladesh, with a rapidly growing consumer-base, protection measures for consumers are of paramount importance. This has now necessitated giving high priority for the protection of the consumers and promotion of a responsible consumer movement in Bangladesh.
Dental mistakes are just as common as medical mistakes. Sometimes making a mistake makes a cause for legal action to arise. Often, victims are unaware that they may file a claim because they do not know or understand their rights. Because insurance businesses do not publicize details regarding cases, little is known about many instances or the full extent of statistics regarding malpractice and dental mistakes.
Skin procedures involving lasers have become a routine process for removing hair and reducing wrinkles. These surgeries have become popular to those that want to attain a specific look or have a younger appearance. Some of these procedures only require minutes to complete and are easy for patients. This has allowed a wider base of clients to opt for these operations. The convenience allows individuals of all ages the luxury of laser surgery.
Cardiac stents are among the most common and regularly used medical devices. They are used to open a person’s arteries. Every year millions of Americans receive these implants. An estimated $110 billion provides stents for approximately seven million Americans. Despite their common appearance in modern medicine, many medical malpractice claims arise due to cardiac stents.
Women who suffered permanent hair loss from the chemotherapy drug Taxotere are filing lawsuits against the drug maker.
Guidelines have been put in place for healthcare professionals and staff in medical facilities that require that standards are followed closely. These guidelines are to provide proper treatment and avoid medical malpractice as much as possible. One standard is to provide safety of medical records and privacy. A physician may be held liable for breaching a patient’s confidentiality.