Health Care and Social Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Health Care and Social.
May 25, 2016 By Cantor Crane
Across the US, dental malpractice cases happen much more frequently than you might expect. It might not sound to be such a big issue, but on the contrary, mistakes made by a dentist can have long-term affects. These affects can be associated with cosmetic deformities, excessive pain, disease misdiagnosis and in rare cases even lead to death.
Medical malpractice often involves more than a treating doctor and a patient. Instead, many individuals may contribute or detract from a patient’s care, including lab technicians, pharmacists, assistants and nurses. When factors affect support staff, a critical error may be made in a patient’s treatment.
When a family makes the difficult decision to move a loved one into a nursing home, they expect that the loved one will be treated properly. Unfortunately, nursing home neglect abuse affects millions of people every year.
Every year, thousands of American die from medical errors that could have been prevented. At the same time, important advances in technology continue to be made. By implementing certain technologies, human lives may be able to be saved. Further advances may reduce fatal errors, prevent them or remove them completely.
One of the leading causes of death in the United States is medical malpractice. Many of these injuries are the result of medication errors, which can have devastating effects on patients and their families.
Actos Whistleblower Lawsuit Alleges Takeda Illegally Promoted Diabetes Drug for Patients with Prediabetes
May 24, 2016 By Heygood Orr & Pearson
Takeda Pharmaceuticals is facing a whistleblower lawsuit alleging that the company promoted its diabetes drug Actos to patients with prediabetes, despite the fact that it was never approved for this use by the FDA. Studies have shown that patients who use Actos may be more likely to be diagnosed with bladder cancer.
May 23, 2016 By HG.org
A medical malpractice claim arises when a person is injured because of a healthcare provider’s negligence or deviation from accepted standards. Simply because a person suffers an injury while in a doctor’s care does not necessarily mean that such a claim exists.
May 19, 2016 By HG.org
According to national studies, hundreds of thousands of patients die every year from medical mistakes that were completely preventable. This makes medical errors one of the most common reasons why people experience the loss of human life in this country.
May 18, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
A patient is administered sedatives or narcotics in a hospital emergency room, and is discharged without being advised not to drive while under the influence of the medication.
May 17, 2016 By HG.org
More than half of all Social Security disability benefits applications are denied at the initial stage. This staggering statistic demonstrates the high probability of an appeal.
May 9, 2016 By Motei & Associates, Attorneys at Law
Highlights of the New UAE Child Protection Law.
May 2, 2016 By HG.org
Malpractice occurs when some form of negligence, such as a misdiagnosis, treatment after the surgery, mismanagement of care, treatment errors or the continuing care plan of the patient when they have been released from the hospital.
April 25, 2016 By Ankin Law Office LLC
Changes are coming to personal injury settlements in 2016. These laws will affect those with Medicare and Medicaid. Here is how you can stay ahead of these changes, and be aware of their effect.
April 22, 2016 By Ankin Law Office LLC
Nurses and medical institutions will both benefit from the new laws being passed, which will help ensure safety regulations and accountability within the workplace.
April 14, 2016 By Ankin Law Office LLC
Medical errors are the third most common cause of death for Americans. Each year, nearly 400,000 people die as a result of errors made by trained medical professionals. With heart disease and cancer taking the first and second spots on this grim list, it’s a statistic that may be underreported.
April 14, 2016 By HG.org
The Social Security Disability and Supplemental Security Income programs both provide monetary benefits to disabled individuals although they are based on different economic eligibility criteria. Social Security Disability is available to workers who have earned enough work credits over their lifetime and within the last ten years.
April 13, 2016 By HG.org
Technology has progressed to allow all manner of surgeries that extensively prolong human life to be performed with varying types of machinery. Despite this, there are in excess of 225,000 cases of patients who die while receiving medical treatment due to malpractice.
April 5, 2016 By Youssry Saleh Law Firm
The Egyptian Pharmaceutical market is facing a vital crisis of drug deficiency. Egyptian Pharmaceutical production has been impacted by the economic deficiency and the pharmacists warn that some drug supplies such as those of cancer treatment and diabetes are tapering off.
October 17, 2012 By HG.org
Applicants for SSI disability or SSDI disability benefits go through a sequential evaluation process. Clearer and more serious impediments are handled more quickly, including a special route for terminal claims. There are also multiple appeals that claimants are provided throughout the process.
October 29, 2008 By HG.org
Medical malpractice occurs when a healthcare professional deviated from the appropriate standard of care and, as a result, injured the patient in the process. In order to support a medical malpractice case, it is usually necessary to have medical experts piece the information together into a cohesive story.
October 29, 2008 By HG.org
In a medical malpractice case, the plaintiff bears the burden of establishing that the medical professional provided treatment in a negligent manner. This is often expressed as the medical professional deviating from the accepted standard of care. These lawsuits have transformed how one is treated medically.
March 9, 2016 By d'Oliveira & Associates
A recent study has found that doctors have been misdiagnosing intestinal side effects of Benicar as Celiac disease.
March 1, 2016 By Matt Dickstein, Business Attorney
You know the story. As Medicare spins out of control, many doctors turn to concierge medicine. Concierge medical practices offer primary care, on a fixed monthly or annual fee, to a limited number of patients (e.g. 300 to 800 patients). In this article, I discuss two legal issues for a concierge practice –Medicare, and the basic terms of the patient contract.
A Medicaid fraud investigation begins long before you are contacted by an investigator. By the time they contact you, the investigators have already conducted interviews and collected all the records they need. At this point, anything you say can and will be used against you.
By APC Law Firm
Continued existence of human race, as an apogee of the relationship between a man and a woman is expressed in motherhood, which not only enriches, but also complements and harmonizes relationship between women and men. Birth of a child giveslong-awaited joy and is marked with common renewal, new stage of life and pleasant cares. What could be better than children's laughter and smiles!
The FDA has warned that patients taking antibiotic drugs known as fluoroquinolones (or FQ antibiotics) may be at risk of developing a serious type of nerve damage known as peripheral neuropathy. Patients taking FQ antibiotics such as Levaquin, Cipro, Avelox, Noroxin, Floxin, and Factive may be at risk of developing serious and potentially permanent nerve damage in the extremities.
Slips, trips and fall accidents can cause serious injury. Head trauma, cuts, lacerations, broken bones and internal injuries can result when victims fall down a stairway, slip on ice or wet surfaces, or trip over a loose carpet edge.
One of the most challenging positions in the medical profession is that of an emergency room physician.
When hospitalization is necessary to treat a medical condition many patients fear the loss of control that will inevitably follow.
Most Americans know that when a physician breaches his or her duty of care to a patient, thereby causing harm, the physician can be held liable in a court of law for medical malpractice.
Close to 500 hospitals nationwide are set to pay approximately $250 million to settle allegations under the False Claims Act that they implanted cardiac defibrillators in violation of Medicare rules. One of these hospitals is Lancaster Regional Medical Center located in Lancaster County, Pennsylvania. This settlement demonstrates the importance of health care providers’ strict adherence to Medicare rules when seeking reimbursement.
A hormone used in the Mirena IUD is now suspected of causing an elevated risk of PTC or pseudotumor cerebri in women.
All across the United States, lawsuits are being file due to it allegedly causing the spread of cancerous cells throughout the body.
Without ever conducing a clinical trial, GSK marketed Zofran to pregnant women as a treatment for morning sickness.
One woman alleges additional health complications after unapproved Infuse bone graft surgery.
After appealing the original award, Boston Scientific, was able to have the amount significantly reduced.
A Medicaid fraud investigation is a serious matter that can lead to criminal charges. You should consult with a Medicaid fraud lawyer before you speak with investigators or turn over any documents.
Learn more about the current Risperdal lawsuits and what factors are considered in determining a settlement.
A bird's eye view of professional discipline for a physician, that is, the process by which your medical license comes under attack and your defense of it.
Diagnostic Pathology Group Pays $500,000 to Settle Allegations that Physicians Were Given Electronic Medical Record (EMR) Software in Exchange for Patient Referrals
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.
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.
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.
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.
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.
Learn what the current status of lawsuits brought against the prescription drug Xarelto by those who have reported adverse side effects.
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.
Learn which common testosterone therapy drugs are causing adverse side effects and what people are doing about it.
The act of bullying has been around for as long as anyone cares to remember.
Doctors spend many years studying and working to earn their medical license.
On May 8th, Governor Hickenlooper signed House Bill 1267 into law, which concerns the use of medical marijuana while an individual is on probation.
New testosterone lawsuits are being filed by men claiming to have experienced negative side effects from taking the drug.
Lawsuits are still being filed against the Bair Hugger Warming Blanket as new medical studies are being performed.
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.
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.
There are several advantages to applying for SSDI when you reach 50 that do not apply to younger applicants.
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.
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)].
As a result of improperly injected flu vaccines, there has been an increase in the number of vaccine injury payouts.
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.
Learn what Social Security Disability benefits are and when you can obtain them.
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.
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
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.
A medical error, made by a physician or other practitioner, can have devastating effects on a patient’s health.
A recent invention out of the University of Toronto has some hospitals fighting against its use, while lawmakers are advocating for it.
Blood thinner still being used even in the face of growing allegations.
By Karbal & Co.
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.
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.
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.
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.
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.
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.
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.
Learn why medication errors occur and how to safeguard yourself against prescription drug errors.
Most people are familiar with the term “medical malpractice,” but few understand its meaning or what goes into establishing a viable claim.
By Karbal & Co.
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.
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 continues to change how we communicate.
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.
Vaccines play a large role in improving public health.
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.
If you have been seriously injured or have developed an illness that keeps you from working, contact a Social Security Disability Lawyer for help.
Reliable information about the quality of care that hospitals provide to patients should be available to the public.
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 (MS) is a neurological condition with a complicated set of symptoms.
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.
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.
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.
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."
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.
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.
When we are ill or hurt and seeking quality care, we expect the best health care services from our doctor or hospital.
When obstetric teams communicate well and follow established protocols, incidents of medical error and birth injuries are preventable.
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.
An individual need not sustain physical injury in order to have suffered harm in the eyes of the law.
Oral chemotherapy drugs have become a popular alternative to IV chemotherapy treatments for many cancer patients.
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.
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.
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.