Health Care and Social Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Health Care and Social.

Helpful Tips for Selecting a Medical Malpractice Firm

  November 25, 2015     By Brown Wharton & Brothers
If you or a loved one has been injured due to an avoidable medical error or negligence, you should be diligent in exploring your legal rights. One of your first steps is selecting a medical malpractice firm, but you may be unsure of where to start. To help, we have created a selection of help tips for selecting a medical malpractice firm.

Texas Mother Alleges Denied C-Section Resulted in Birth Injuries and Death of Newborn

  November 24, 2015     By Brown Wharton & Brothers
A young Texas mother is seeking answers after her newborn suffered extreme birth injuries and died during the labor and delivery process. The 18-year-old mother went to the hospital earlier this month, just one week shy of her due date. After an "uneventful pregnancy", the mother and her family looked forward to the arrival of their newest family member. Unfortunately, the turn of events at the hospital would change their lives forever.

Most Recent IVC Filter Lawsuit

  November 18, 2015     By d'Oliveira & Associates
Learn why and how you can file an IVC Filter Lawsuit if you have had an Inferior Vena Cava Filter implanted in you or someone you know.

Responding to NYC Medicaid Fraud Investigations

  November 9, 2015     By Law Offices of John Howley, Esq.
If you receive a letter from the NYC Bureau of Fraud Investigation, it means that you are the target of a Medicaid fraud investigation. How you respond to the letter can mean the difference between an inconvenience and a criminal record.

Can a Doctor Give Someone Else My Medical Records Without My Permission?

  November 3, 2015     By
Individuals are provided with a number of privacy rights, especially concerning their healthcare records. These rights are pursuant to the Health Insurance Portability and Accountability Act (HIPAA) as well as state laws. However, there are a number of situations in which medical records may legally be shared with others.

Xarelto Lawsuit Update

  November 4, 2015     By d'Oliveira & Associates
Learn what the current status of lawsuits brought against the prescription drug Xarelto by those who have reported adverse side effects.

Am I Entitled to My Medical Records?

  November 3, 2015     By
Generally, patients are entitled to a copy of their medical records as provided under state and federal law. However, they must usually follow a specific procedure, and there may be exceptions to access.

What Are the Common Testosterone Therapy Drugs?

  November 2, 2015     By d'Oliveira & Associates
Learn which common testosterone therapy drugs are causing adverse side effects and what people are doing about it.

Cyber-Bullying Crimes in New Jersey

  November 1, 2015     By Law Offices of Michele Finizio
The act of bullying has been around for as long as anyone cares to remember.

Medical Professionals Facing License Revocation

  November 1, 2015     By Sidney L. Gold & Associates, P.C.
Doctors spend many years studying and working to earn their medical license.

Medical Marijuana Allowed While on Probation

  October 30, 2015     By Hebets & McCallin, PC
On May 8th, Governor Hickenlooper signed House Bill 1267 into law, which concerns the use of medical marijuana while an individual is on probation.

Thousands File Low Testosterone Therapy Lawsuits

  October 30, 2015     By d'Oliveira & Associates
New testosterone lawsuits are being filed by men claiming to have experienced negative side effects from taking the drug.

Bair Hugger Warming Blanket Lawsuits Continue

  October 27, 2015     By d'Oliveira & Associates
Lawsuits are still being filed against the Bair Hugger Warming Blanket as new medical studies are being performed.

Is It Malpractice When a Doctor Misses a Diagnosis?

  October 20, 2015     By
Every year, there are thousands of medical malpractice lawsuits against a small number of doctors. All too often, these lawsuits stem from botched or missed diagnoses of the underlying condition that caused one to seek the doctor’s help in the first place.

Independent Medical Examination

  October 18, 2015     By The Law Offices of Eric A. Shore, P.C.
In most disability claim cases, the claimant will treat with his or her own doctor. The patient has the full right to choose whichever doctor can best treat the medical problems provided his/her insurance company will pay for the treatment. Usually, the patient will start with a general physician and then see a specialist depending on what type of injury the patient has. The doctors keep records of these treatments which are available to the patient.

SSDI Benefits for Older Applicants

  October 15, 2015     By The Law Offices of Eric A. Shore, P.C.
There are several advantages to applying for SSDI when you reach 50 that do not apply to younger applicants.

Pill Mill Doctor on Trial for Murder

  November 8, 2015     By LeViness, Tolzman & Hamilton, PA
A Los Angeles doctor is facing a lifetime in prison for her alleged role in the drug overdose deaths of at least three of her patients.

New Jersey Health Care Lawyers Discuss Proposed Changes to Stark Law

  October 11, 2015     By Michelman & Bricker
In July of 2015, the Centers for Medicare & Medicaid Services (CMS) published proposed modifications to the Stark Law regulations [Section 1877 of the Social Security Act (the Act) (42 U.S.C. 1395nn)].

The Rise of Vaccine Injury Payouts

  October 11, 2015     By The Law Office of James R. Moyles
As a result of improperly injected flu vaccines, there has been an increase in the number of vaccine injury payouts.

Questions and Answers About Medical Malpractice and Lack of Informed Consent

  October 5, 2015     By
Every day across America, millions of medical procedures take place without incidence. In fact, for the most part, the United States is one of the safest places in the world to have a medical procedure done. However, once in a while, something goes wrong.

Understanding Social Security Disability Benefits

  October 2, 2015     By d'Oliveira & Associates
Learn what Social Security Disability benefits are and when you can obtain them.

Did My Doctor Know Enough to Perform That Surgery, or Was It Malpractice?

  September 30, 2015     By
While the vast majority of surgical procedures performed in the United States go smoothly, there are the occasional problems. To those left suffering from the results of those errors, it can leave many questions. One of the most haunting can be whether the doctor knew enough to perform the surgery.

Can I Sue a Foreign Doctor for Malpractice in an American Court?

  September 24, 2015     By
Medical tourism is on the rise for Americans. Many Americans seek the substantial savings they can obtain by getting various medical treatments, bot necessary and elective, performed by doctors in other countries. But, what happens when something goes wrong? Can you sue a foreign doctor for malpractice in an American Court?

Diabetes Drug Actos Linked to Bladder, Prostate, and Pancreatic Cancer Risk; Thousands File Lawsuits

  September 18, 2015     By Heygood Orr & Pearson
The diabetes drug Actos has been linked to an increased risk of bladder cancer. Takeda Pharmaceuticals, the manufacturer of the drug, has agreed to pay a $2.4 billion settlement to resolve lawsuits alleging that the company hid its knowledge about the link between Actos and bladder cancer from patients. Recent studies have also suggested that Actos may be linked to an increased risk of prostate cancer and pancreatic cancer.

Accountability in Hospitals

  November 8, 2015     By Eichen, Crutchlow, Zaslow & McElroy, LLP
A medical error, made by a physician or other practitioner, can have devastating effects on a patient’s health.

Legislation To Have Surgeries Videotaped

  September 14, 2015     By Eichen, Crutchlow, Zaslow & McElroy, LLP
A recent invention out of the University of Toronto has some hospitals fighting against its use, while lawmakers are advocating for it.

Number of Xarelto Lawsuits Continue to Rise

  September 9, 2015     By d'Oliveira & Associates
Blood thinner still being used even in the face of growing allegations.

Health Insurance Law Dubai & Abu Dhabi: Employer Responsibilities and Duties

Prior to the growth of the foreign workforce in the United Arab Emirates at the beginning of the millennium, an employer was only required to pay a few hundred dirhams to obtain a health card for its employees to be treated at medical facilities.

NYC Bureau of Fraud Investigation Letters

A letter from the NYC Bureau of Fraud Investigation means that you have a potentially serious problem. Do not try to handle this on your own. Consult with an experienced Medicaid fraud lawyer before you meet with the investigators.

Dangerous FLQ Antibiotic Warning Labels Reevaluated by FDA

Fluoroquinolone antibiotics that are frequently prescribed for sinus infections or urinary tract infections can cause permanent nerve damage (peripheral neuropathy). The FDA has now acknowledged this and is reviewing warning labels now. Learn about the dangers of the dangerous, common drugs.

Tort Reform Is Not Only Useless, It's Harmful

The insurance industry and corporate interests have worked for decades to sell the story of “tort reform,” the idea that “frivolous lawsuits” and the high cost of health care can only be stopped by limiting people's right to sue for damages.

Mortality Rates and Malpractice

A series of recent infant deaths at a medical center in Florida, and a subsequent investigation of the deaths by CNN, suggests that an increase in infant deaths at one facility may be an indication of medical malpractice.

US Supreme Court Confirmation of the Affordable Care Act

In a 6-3 decision, the U.S. Supreme Court ruled in June of 2015 that the core component of President Obama’s health care law that allows the federal government to provide tax subsidies through federal exchanges was valid.

New Report On Medical Omissions

A new report on studies of acute care facilities highlights several startling ways in which medical professionals may be liable for care they do not provide and things they do not do.

Who is Liable for Medication Errors?

Learn why medication errors occur and how to safeguard yourself against prescription drug errors.

Viable Medical Malpractice Claims Require Specific Criteria

Most people are familiar with the term “medical malpractice,” but few understand its meaning or what goes into establishing a viable claim.

Medical Malpractice Litigation in the U.A.E.

Federal Law no. 10 of 2008 on Medical Liability regulates medical liability in the United Arab Emirates. Article 15 of the Federal Law no. 10 of 2008 establishes the High Committee on Medical Liability (the “Committee”) and it is made up of consultant physicians selected by the Cabinet.

Supreme Court's Same-Sex Marriage Ruling Will Affect How Ohio Hospitals Choose Decision-Makers

On June 26, 2015, the United States Supreme Court held that the Fourteenth Amendment requires all States to license same-sex marriages and to recognize same-sex marriages lawfully performed in other States. See Obergefell v. Hodges, 576 U.S. (2015). At first glance, this landmark decision appears far removed from the day-to-day care provided in Ohio’s hospitals. But it is not.

Social Media Best Practices for Healthcare Providers

Social media continues to change how we communicate.

What Is the Sequential Evaluation Process in Social Security Disability Claims?

The Social Security Administration utilizes a five-step sequential process in which the administration determines whether a claimant meets the definition for being disabled. The steps are followed in the exact order. If a decision is made at any step, the other steps remain uncompleted. However, if the Social Security Administration is unable to make a determination, representatives continue to the next step.

Swine Flu Vaccine Disables 12 Year-Old Boy

Vaccines play a large role in improving public health.

Statute Could Have Chilling Effect

Section 1877 of the Social Security Act, also known as the “Stark Law” (42 U.S.C. § 1395nn), has been expanded and amended on several occasions by Congress since its original enactment in 1989.

A Social Security Disability Lawyer Helps You Get the SSD Benefits You Deserve

If you have been seriously injured or have developed an illness that keeps you from working, contact a Social Security Disability Lawyer for help.

Concerns about Hospital Safety

Reliable information about the quality of care that hospitals provide to patients should be available to the public.

Concern about Asbestos in Nation’s Schools

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.

Multiple Sclerosis Misdiagnosis Sometimes Warrants a Medical Malpractice

Multiple sclerosis (MS) is a neurological condition with a complicated set of symptoms.

Drug Company Settles Lawsuits for $2.37 Billion

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.

When You Need a Lawyer for Your Social Security Claim

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.

New Procedure for Utilization and Disposal of Medicinal Products in Ukraine

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.

Federal Tort Claims Act Practice Alert: U.S. v. Wong

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."

New Legislation for Online Asbestos Database

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.

Cognitive Neuroscience Therapies Needed for Brain Injuries

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.

Proactive Health Care is Essential

When we are ill or hurt and seeking quality care, we expect the best health care services from our doctor or hospital.

Malpractice and Birth Injuries

When obstetric teams communicate well and follow established protocols, incidents of medical error and birth injuries are preventable.

New Drug Delivery System for Mesothelioma Treatment

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.

Witnessing Hospital Mistakes May Harm Family Members

An individual need not sustain physical injury in order to have suffered harm in the eyes of the law.

Risks Associated with Oral Chemotherapy Drugs

Oral chemotherapy drugs have become a popular alternative to IV chemotherapy treatments for many cancer patients.

Liberalization of Insurance Sector in Democratic Republic of Congo

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.

When is an Abortion Legal?

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.

Deadly Medication Error: Who Is Liable?

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.

Lack of Healthcare Interoperability Contributes to Medical Mistakes

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.

Physician Employment Agreements

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.

Infant Brain Damage

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.

New Jersey: Patient Safety Issues at Hospitals

Hospitals are big business today, with many actively competing for patients.

New Jersey Proposes Laws to Prevent Prescription Pain Killer Addiction

According to the New Jersey State Commission on Investigation, an epidemic of opiate addiction is sweeping the country.

Physicians Investigated by State Medical Board

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.

Data Protection on the Web & E-Health

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.

What is an Involuntary Civil Commitment?

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?

Makers of Children's Tylenol to Pay $25 Million to Settle Case

Manufacturers failed to take immediate steps to resolve issue of metal particles found in Children’s Tylenol medicine.

Is a Medical Malpractice Attorney the Same as a Wrongful Death Attorney?

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.

Spotlight: Concerns about Constitutionality of Turkey’s New IP/O Regime in Civil Industrial Sectors

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.

Worry and Reassurance: A New Food Safety Law in China and What You Can do for Your Customers

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.

Should I Take my Social Security Benefits before I Turn 65?

Reasons why retirees should wait until their full retirement to receive Social Security Benefits.

How Disability Attorneys Handle Social Security Claims

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.

Pittsburgh Medical Malpractice Lawyers Discuss Automated Pharmacy Refills

Many Americans today suffer from some sort of chronic illness.

Setting Up Wholly Foreign Owned Hospitals in China?

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.

Some Medicinal Products Registration in the Ukraine

Government adopted the Regulation of the CMU on establishment of unlimited re-registration and simplification of some medicinal products registration.

Pennsylvania Physician's Right to Practice Evidence-Based Medicine

Very simply, in Pennsylvania doctors do not have to treat patients who refuse vaccinations for themselves or their children.

Inferior Vena Cava Filters

It is estimated that there are 200,000 pulmonary embolisms (PE) deaths every year in the United States related to deep vein thrombosis (DVT.)

Common Surgical Tool Could Spread Cancer During Hysterectomy

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.

Automatic Prescription Refill Programs

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.

Preventable Hospital Deaths

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.

Registering a Pharmaceutical Company by a Foreigner in Ukraine

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.

What Consumer Protections Apply to Defective 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.

Electronic Medical Errors May Result in Medical Errors

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.

Misdiagnosis Harms Millions of Americans Annually

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.

Risks for Patients Increase with Use of Electronic Medical Record

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.

Increased Uterine Morcellation Risks

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.

Vicarious Liability

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.

Levaquin, Cipro, Avelox, and Other FQ Antibiotics Linked to Nerve Damage from Peripheral Neuropathy

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.

Passengers May Have Legal Claim for Medical Malpractice on Cruise Ships

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.

Preventable Hospital Errors Cause 400,000 Deaths per Year

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.

Repetitive Job Duties and Work-Related Claims Under the New York State Workers' Compensation Law

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.

Defendants' Insistence on Confidential Settlements Can Have Adverse Consequences for the Public

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.

What Is Medical Malpractice?

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.

Operating Agreements for California Surgery Centers

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".

Landmark Cruise Ship Medical Malpractice Decision

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.

Multi-Million Dollar Settlement for Cerebral Palsy Birth Injury

A Kentucky woman whose son was diagnosed with spastic quadriplegic cerebral palsy has been awarded an $18.3 million settlement by a jury.

California Lawyers Weigh Lawsuits for Spread of the Measles Virus, Negligent Endangerment

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.

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