Health Care and Social Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Health Care and Social.
February 22, 2015 By Brune Law Office
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.
February 16, 2015 By Briskman Briskman & Greenberg
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.
February 16, 2015 By Console & Hollawell P.C.
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.
February 13, 2015 By Matt Dickstein, Business Attorney
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
February 10, 2015 By Legal Alliance
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".
February 9, 2015 By The Law Office of James R. Moyles
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of court decisions, which have been protecting cruise ships from medical malpractice lawsuits for over 100 years, are outdated and no longer applicable.
February 9, 2015 By Eichen, Crutchlow, Zaslow & McElroy, LLP
A Kentucky woman whose son was diagnosed with spastic quadriplegic cerebral palsy has been awarded an $18.3 million settlement by a jury.
February 6, 2015 By The Law Offices of R. Sebastian Gibson
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.
January 20, 2015 By Matt Dickstein, Business Attorney
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.
January 19, 2015 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Patients who are harmed by negligent care provided by doctors, nurses, or other medical professionals may have grounds to file a medical malpractice lawsuit.
January 19, 2015 By Eichen, Crutchlow, Zaslow & McElroy, LLP
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.
January 12, 2015 By Schmidt, Kirifides, Fridkin & Rassias
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.
December 16, 2014 By Brune Law Office
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.
December 15, 2014 By Briskman Briskman & Greenberg
Medical malpractice is a national crisis, killing more than 200,000 people each year by some estimates.
December 11, 2014 By Abad & Asociados Abogados Y Economistas, S.R.L.
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.
December 4, 2014 By Richard H. Raphael, Attorney at Law
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.
December 3, 2014 By The Evans Law Firm, Inc.
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)
December 1, 2014 By Legal Alliance
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.
Where special circumstances exist, the handling of a Social Security disability case (SSDI or SSI) can be "speeded up" to provide the claimant with relief at an earlier date. The situations which the SSA recognizes as being in need of this special processing include Terminal Illness, Military Service, Compassionate Allowance and Dire Need cases.
I often hear the same questions over and over again related to specific injuries or aliments and whether or not they qualify a person to receive Social Security Disability benefits. This article deals with the question "Can I Get Disability For PTSD?"
Has the medication which is designed to help bone growth been linked to bone disease?
Some used to call aging a normal process. Today's marketing gurus seem to call it a disease... for which they, fortunately, have a cure... or do they?
At least the commonly used anticoagulant, Warfarin, could be reversed when needed, can the same be said of the new generation of anticoagulants?
An Arkansas Court recently overturned an Aetna denial of long term disability benefits because Aetna relied on a flawed vocational assessment report which listed jobs that the claimant was not actually qualified to perform.
Testosterone lawsuits continue to rise, with new lawsuits filed against the manufacturers of Testim and AndroGel earlier this month. Just a few years ago testosterone was hyped as some kind of miracle drug for men, but new evidence has come to light indicating at testosterone is linked to increased stroke and heart attack risk and a number of other serious side effects.
Testosterone has been linked to a number of serious side effects, including stroke and heart attack, and now a new study has found that the use of testosterone in certain men may have a negative impact on the brain.
Disability payments from private sources, such as private pension or insurance benefits, do not affect your Social Security disability (“SSD”) benefits.
You could be forgiven for thinking messing around with health care coverage rules was the sole domain of democrats these days, but the new laws which will deeply interfere with the choices a doctor will make and options available for the seriously injured have sprung from the minds of two republican lawmakers.
While blood pressure medications may help prevent certain medical conditions, they can also put elderly persons at risk of other injuries. For instance, a new study revealed that older people who take blood pressure medications may be more susceptible to fall injuries than elderly persons who are not taking blood pressure medication.
Doctors and health care providers hold our lives in their hands. Having doubts about the medical care that you are receiving can not only be emotionally unsettling, but physically damaging as well, since the lack of appropriate medical care can result in medical complications, exacerbated health conditions, and even death.
In recent years, there has been a significant increase nationwide in the number of mergers between large Catholic-run hospitals and smaller secular hospitals. This phenomenon is largely due to provisions in the new healthcare law requiring more efficiently-run medical facilities. However, these mergers force many patients, particularly women, to face an uphill battle when seeking out important medical treatments associated with reproductive health.
In light of recent data indicating that testosterone is dangerous for many men, Public Citizen – a public advocacy group – is calling on the U.S. Food and Drug Administration (FDA) to require black box warnings about heart attack and stroke risks to be included on the labels of testosterone products.
Many women use talc-based body power as part of their personal hygiene routine, and they may be putting their health at risk as a result. In a recent study, researchers examined data collected from eight separate studies and found that women who regularly use talcum powder in the genital region increase their risk of ovarian cancer by 24 percent.
By LPA Law Firm
In case foreign entities wish to file a trademark in Albania they can do so only through an authorized local trademark agent registered with the Albanian Patent and Trademark Office.
Everyone makes mistakes. No matter how confident someone is in their abilities, they are only human. Sadly, this applies to doctors just like everyone else.
The primary difference between Social Security disability benefits and VA disability benefits is that you can qualify for VA disability compensation even if you’re not totally disabled.
Personal injury and workers' compensation lawyers have been discussing several important topics in the last few weeks, including the safety of surgical robots, the inadequacy of temp worker laws, employer abuse of the workers' compensation system, and the idea that doctors seek locations with lax regulations on professional liablility. This article is a brief summary of four separate articles detailing those topics.
Talc is used in a number of cosmetic and personal hygiene products, such as baby powder and feminine body powders. But new evidence and a recent lawsuit suggested that, despite its widespread use, talcum powder could be incredibly dangerous.
Turkish pharmaceutical policy has changed radically and made progress starting from the last decade. In the meantime, some controversial topics such as reimbursement, pricing, authorisation, intellectual property rights, and quality and harmonisation process with the EU were and in fact still are the highly disputed issues.
Testosterone therapy is used by a number of men believed to have low testosterone levels. Although low testosterone can cause fatigue, decreased libido, and muscle and bone loss, testosterone is sometimes prescribed unnecessarily – which can lead to serious side effects and medical conditions.
Testosterone therapy has been linked to a number of serious side effects, including heart attack, stroke, and even death. For men under the age of 65 with a history of heart disease, the risk of heart attack nearly triples when taking testosterone supplements and doubles for men over the age of 65 even if they have no history of heart disease.
The use of testosterone replacement therapy has increased exponentially in recent years. In fact, the Washington Post reports that the number of men starting testosterone therapy has almost quadrupled in the United States since 2000. But new data has also come to light indicating that the use of testosterone therapy can be dangerous, particularly to men over the age of 65 and men with a history of heart disease.
A federal jury recently convicted three people on charges related to Medicare fraud. The fraud took place during the time frame of 2006 - 2011. The defendants in the case operated a durable medical goods company out of the Los Angeles area.
There is a lot of misinformation floating around on the web about certain aspects of personal injury cases. Here we will reflect upon those myths and help clear them up.
According to some experts, research shows that electronic health records “improve quality and safety and, as a result, prevent adverse events and reduce the risk of malpractice claims.”
Pain is often associated with injury, disease, illness and physical disabilities. The persistence and severity of pain may leave you unable to work even when you can otherwise accommodate your disability in your work. Chronic Pain is severe, persistent and long term pain; pain that cannot be removed by standard medical treatment or pain that persists beyond the expected duration of the injury or illness. SSDI or SSI benefits may be available to you when pain prevents you from working.
A detailed explanation of the common causes and types of medication errors that can occur in a medical establishment, provided by the law offices of Greg Monforton and Partners.
Seeking social security disability because you can not work because of a headache is unique and very difficult. But there are certain things you can do to help your chances of winning.
The birth of baby is usually a joyous occasion for expectant parents and their families. Since pregnancy and childbirth are a normal physiological process, the woman usually goes through the 9 month pregnancy expecting everything to be perfect at the end.
Tort reform initiatives seek to limit plaintiff’s access to the court system, restrict the types of claims that can be asserted, and cap the damages to which you may recover in a lawsuit.
No one plans on getting into a car accident or other personal injury accident, but accidents can and do happen. It is important that, if you are injured in a personal injury accident, you understand your rights and legal options. An experienced personal injury attorney can provide you with the crucial information that you need in order to get the compensation that you deserve.
Unlike personal injury damages, Social Security disability benefits do not require that you prove liability or negligence and you might be able to obtain disability benefits even if you were responsible for the auto accident.
The United States Department of Justice has provided the public with some information regarding recent whistleblower cases. In one of the cases there have been allegations made against Health Management Associates.
Turkish pharmaceutical market is a sizable one where 300 different companies currently operate to provide pharmaceutical products for the needs of a population of 75 million people.
Tourism mentality has been in a change in the world in recent years. The term "medical tourism" as a part of "alternative tourism" has been taking part also in Turkey. Especially the diversity of natural resources such as thermal waters and investments in the medical sector have been the main factors on development of the medical tourism in Turkey.
A 33 year-old Brooklyn woman is suing a hospital for medical malpractice after a simple surgery resulted in an infection, causing both her legs to be amputated.
When you are applying for Social Security Disability you are bound to have more questions than answers and one of those questions will likely be about who approves your claim.
The Order of the Ministry of Health of Ukraine № 960 dated November 8th, 2013, “On Approval of the amendments to the License terms for the business related to the importation of drugs" was published. The stated Law cancels the Order of the Ministry of Health of Ukraine № 453 dated March 30th, 2013 and suggests phased introduction of the new requirements for the importers.
Actions the Retailer Must Take after Issuance the Order for a Ban on Circulation of Batches of Medicines - Ukraine
The issue of imposition of a ban (temporary ban) on medicine circulation is regulated, in particular, by the Procedure for imposing a ban (temporary ban) on and restoring circulation of medicines in Ukraine (hereinafter referred to as “the Procedure”) approved by the order of the Ministry of Health of Ukraine dated 22/11/2011 No. 809.
State Enterprise “State Expert Center of the Ministry of Health of Ukraine” is a member of the international organization “Pharmaceutical Pricing and Reimbursement Information” (hereinafter referred to as “PPRI”).
Ministry of Health of Ukraine (hereinafter - the Ministry of Health of Ukraine) issued the Order № 696 from 06.08.2013 that approves hygiene requirements for infant formula products (hereinafter - the hygiene requirements).
Most of us have probably heard or been told that anything we tell our doctor is confidential. While this may be reassuring, it may have left you wondering why it was true and what the reason for that confidentiality was? How far does it extend? Would it hold up in court?
A watchful eye may be the better alternative to no eye at all in a situation where abuse of elderly or otherwise vulnerable residents is known to happen.
We would like to think the medications prescribed to us by doctors have been proven safe and effective in careful scientific research, and approved by regulatory bodies that reviewed the evidence with public safety as their primary concern. However, a growing number of very well respected authorities are now suggesting that assumption is far from the truth.
There is nothing more basic to every day of our life than breathing. When breathing becomes difficult and even mild exercise causes shortness of breath and fatigue, it affects almost all our daily activities and the ability to work is severely impaired. Social Security Laws may help by providing income benefits (Social Security Disability Income (SSDI) and Supplemental Security Income (SSI)) and medical benefits (Medicare and/or Medicaid).
A global shift has been taking place in the pharmaceutical industry as the Pharmerging countries have increasingly started to play a more prominent role in the sector's growth rates.
As new medications tailored to help individuals get a good night's sleep continue to flood the market, the Food and Drug Administration has taken an increased interest in the effect of these medications on motorists. Many Americans have turned to sleep aids when they are unable to sleep soundly, but questions have been raised as to whether these medications may create dangers on our roads in the morning.