Health Care and Social Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Health Care and Social.
September 28, 2016 By Folkman Law Offices, P.C.
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.
September 25, 2016 By HG.org
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.
September 12, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
The insidious nature of ovarian cancer makes it difficult to detect in its early stages when treatment is most effective.
September 7, 2016 By LeViness, Tolzman & Hamilton, PA
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.
August 26, 2016 By Michalopoulou & Associates
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.
August 26, 2016 By Michalopoulou & Associates
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.
August 25, 2016 By LeViness, Tolzman & Hamilton, PA
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.
August 24, 2016 By Sidney L. Gold & Associates, PC
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.
August 22, 2016 By d'Oliveira & Associates
More lawsuits are being filed against Pfizer for their negligence and for allegations that Viagra elevated the risk of Melanoma.
August 17, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
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.
August 16, 2016 By LeViness, Tolzman & Hamilton, PA
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.
August 16, 2016 By Sidney L. Gold & Associates, PC
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.
August 12, 2016 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.
August 8, 2016 By Lincoln Derr PLLC
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.
August 5, 2016 By d'Oliveira & Associates
Using data from the FDA, website HealthGrove was listed as one of fifty of the most dangerous prescription drugs.
July 28, 2016 By Howie, Sacks & Henry LLP
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.
July 26, 2016 By d'Oliveira & Associates
Looking for compensation after claiming that his enlarged breasts were due to Risperdal, the victim won his suit for improper warnings by Johnson & Johnson.
July 21, 2016 By Folkman Law Offices, P.C.
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).
July 21, 2016 By Folkman Law Offices, P.C.
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.
July 21, 2016 By Aleksey Pukha & Partners
The complexity of procedures for implementing surrogacy requires fixing contractual relationships between the parties and fixing the potential risks for each party.
July 20, 2016 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.
July 15, 2016 By Morgan & Morgan
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.
July 10, 2016 By HG.org
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.
July 9, 2016 By HG.org
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.
July 7, 2016 By LeViness, Tolzman & Hamilton, PA
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.
July 12, 2016 By LeViness, Tolzman & Hamilton, PA
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.
July 6, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
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.
July 6, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
In a legal action that includes nearly 50 plaintiffs, Johnson & Johnson lost a second trial over claims that its talcum powder causes ovarian cancer.
July 11, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
A new study conducted by doctors at Johns Hopkins suggests that most medical mistakes are not noted in official medical records or death certificates.
July 6, 2016 By Mahbub & Company
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.
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.
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.
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.
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.
When a person suffers an injury because of a prescription drug, questions regarding liability can arise. Courts must grapple with the concern over which manufacturer should be held liable.
When a patient is injured by their doctor’s negligence, they can file a medical malpractice lawsuit. In Georgia, the statute of limitations can vary based on the specific circumstances of each case.
Elective surgery is an operation that is arranged in advance as it does not consist of a health emergency. Semi-elective surgery is an operation that is essential to sustain the patient's life, but does not necessitate immediacy.
Breast cancer is a great concern to many, and it incessantly plagues individuals in the United States along with the entire healthcare system. Diagnosing breast cancer may be a difficult process based on the related issues in the same area.
Technological advancements have paved the way for genetics-based treatment for the medical world. It has been hailed as the future of medicine that can lead the nation into a more technologically-inclined world. With a fully explored genome, medical treatment can be a customized experience.
Pancreatic cancer begins in the pancreas. Generally these cancers are exocrine gland tumors. Exocrine glands comprise perspiration, saliva, mammary, sebaceous and mucous.
People with a disability are permitted to use service animals and those used for support for many reasons based on the situation. Federal rights and laws specify the regulations and allowances of these animals when in service. Some states have additional laws that add to the meaning of a service animal. Some laws allow more freedom and a closer proximity of the animal to the agent.
California's so-called right to die law went into effect June 9th, and its potential ramifications have been hotly debated between proponents of physician assisted death and disability advocates. Notably, the Disability Rights Education and Defense Fund, a group that seeks to ensure legal help for disabled people, has released an in-depth statement expressing vehement opposition to the new law .
Dr. James Quinn, a professor of surgery and emergency medicine at Stanford University, was accused of stealing trade secrets while working as a consultant for Chemence Medical Products Inc., (Chemence Medical). An Atlanta jury recently ruled in Dr. Quinn’s favor, and found that the company’s lawsuit against him was in bad faith. The jury awarded Dr. Quinn $8.7 million for commissions that Chemence Medical had failed to pay him.
Some of the most vulnerable patients are those in nursing homes. These patients are often weak, have memory or cognitive deficits, and rely on the medical and support staff of the nursing home to fulfill their basic needs. Many nursing home residents take a host of medications to treat and manage a variety of ailments. When mistakes occur in the administration of these medications, the results can be serious, and sometimes even fatal.
On May 4th 2016, the official text of Regulation 2016/679 “on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC” (General Data Protection Regulation) has been published in the EU Official Journal. The Regulation entered into force on May 24th 2016 but it shall apply from May 25th 2018.
Whistleblowing as corruption-fighter, is also known as a practice that deals with one of the most serious social issues of our time. A whistleblower reports any illicit incidents or corrupt practices. The following questions then emerge:
Medtech Europe represents the medical technology industry in Europe. It is the alliance of the two leading medical technology industry associations, EUCOMED (which represents the European medical devices industry) and EDMA (which represents respectively the European in vitro diagnostic industry).
The rapid rise in the use of digital technologies in the healthcare sector is not lost to cyber criminals.
On March, 15th, 2016 the European Parliament Committee on Agriculture and Rural Development adopted by a large majority the report on the Commission’s proposal regarding the manufacture, placing on the market and use of medicated feed. The new rules, which will be implemented in the form of Regulation, will replace the current Council Directive 90/167/EEC of 26 March 1990.
Passing themselves as the real, authorized medicines while containing ingredients which are of bad quality or in wrong dosages, falsified medicinal products are a major threat to public threat and safety – given that consumers might not be always able to discover their true identity.
The Regulation 536/2014’s purpose is the growth acceleration of pharmaceutical research via clinical trials in the European Union. Its provisions are directly applicable in the legal systems of the Member States (without requiring integration) and replace the national procedure of notification and approval by the permit authorities.
ΕU institutions adopted on 16 April 2014 Regulation 536/2014 on “clinical trials on medicinal products for human use”. The Regulation entered into force on 16 June 2014.
Health apps have a significant impact on the provision of medical care globally. In our previous article we focused on the legal protection of data used by these apps. However, will marketing of health apps be completely free or will it have to satisfy special technical requirements, since these apps will be widely used by patients and providers of medical care? The European legislative bodies have to take the appropriate measures.
“No other sector holds the promise to enhance quality of life, productivity and environmental sustainability through innovation like biotechnology, while also benefiting Europe’s economy and research base”. Carlo Incerti, Chairman of EurapaBio, 3η EuropaBio event on the Benefits of Biotechnology, Brussels, 23 June 2015
Last June, the EU Parliament started discussions and issued amendments on the European Commission’s Proposals for two new Regulations. Alongside, the FVE (Federation of Veterinarians of Europe) issued their comments on the amendments of the two proposals made by the EU Parliament, in September 2015.
On October the 5th, 2015, the EU Council of Ministers agreed on its baselines on the looming two Regulations on medical devices and in-vitro medical devices. Closely related to the Commission’s relevant proposal and the adjacent EU Parliament and EU Council reports, both Regulations will aim to modernize the existing legislation, taking into account the latest advancements in medical technology and the need for high protection of patient safety.
The use of mobile applications in healthcare has been rapidly growing, globally. Meanwhile, a long and intense discussion has emerged between users and entrepreneurs, resulting from the forthcoming adoption of the General Data Protection Regulation, which will have legally binding force in all EU member states and will replace existing relevant legislation by the end of 2015.
Surgery runs the general risk of ending a patient’s life through several factors that are minimized through regulations and guidelines. Healthcare professionals are tasked with taking precautions and ensure a sterile environment for all patients. When a mother is due to deliver a child, surgery may run higher risks than natural birth.
Whistleblowers recently brought a False Claims Act lawsuit against Agape Senior Center of South Carolina, claiming Agape inappropriately certified patients for hospice and other services that were not medically necessary in order to receive payments from the federal government through Medicaid and Medicare programs.
A 61-year-old family doctor with practices in Creskill and Little Falls, New Jersey has agreed in a consent order with the State Board of Medical Examiners to forfeit his medical license after he was sentenced to more than three years in prison for health care fraud.
Some of the major stories in 2015 involved groups of individuals being killed at the hands of a gun wielding murderer.
An Oregon-based health care group allegedly fired and then blacklisted its former CEO in retaliation for his reporting of improper payments and referrals under the False Claims Act and Stark Law, according to a recently filed complaint.
Thousands of physicians retire, sell, quit or move their practices every year. When this occurs, a physician cannot just walk away from their patients and other obligations.
A key component to the success of a physician’s practice is to be granted staff privileges at a hospital. In fact, physicians are typically not allowed to practice in a hospital, or perform any type of medical procedure, without the acquisition and maintenance of staff privileges at that hospital.
Whistleblowers that helped uncover violations of the False Claims Act in 2015 were rewarded for their efforts with nearly $600 million, according to data recently released by the U.S. Department of Justice.
Doctors, nurses and other healthcare practitioners have access to highly confidential information regarding patients’ health and medical history.
The United States Department of Health and Human Services (DHHS) has published updates to Section 1877 of the Social Security Act, commonly referred to as the Stark Law.
The Social Security Administration has a catalog of deficiencies that count towards disability and allocating monetary benefits to those that qualify due to these impairments. Typically an assessment must be administered by a valid healthcare professional with findings sent to the Social Security Administration for review.
Many parents raise disabled children who have various impairments. Support is available through the Social Security Administration via monetary disability benefits.
Many individuals live on a fixed income which may be limited in amount and may be inadequate to fully support them. This motivates many people to go back to work. There are distinct rules for people who are receiving disability benefits and those who are receiving retirement benefits under the Social Security program.
Individuals who are inflicted with serious medical impairments may be able to receive compensation through the Social Security Disability program. Many claimants file for benefits based on having fibromyalgia.
Individuals inflicted with drug addiction often struggle against an impulse to use drugs. This addiction can lead to significant problems with their relationship to others. It may also affect a person’s health physically and mentally.
The Social Security Administration adheres to strict regulations for assessing when an individual meets what is considered to be disabled and is eligible for monetary disability benefits. If the claimant’s medical records cannot adequately help the disability examiner determine whether or not the claimant is disabled, a consultative examination may be arranged to help make this determination.
A disability examiner works together with a medical consultant to determine a claimant’s residual functional capacity. The consultant determines the level of exertion for which the claimant is physically capable and the limitations that affect the claimant’s ability. To determine the RFC, the claimant’s medical records are evaluated by a medical consultant.
Individuals who are blind or suffer from vision problems may be able to acquire Social Security disability benefits based on their medical condition or conditions. These claimants are also entitled to different benefits and are impacted by different processes than confronted by claimants with other disabilities.
When it comes to recommending a course of treatment for a patient, whether it involves medication, a surgical procedure, or any other medical intervention, it is the doctor’s responsibility to explain both the benefits and the risks associated with the treatment.
A Connecticut woman has filed a medical malpractice lawsuit against Yale University, Yale-New Haven Hospital, and two of its physicians for removing the wrong rib during surgery and then attempting to cover up the mistake.
Often, physicians that make errors and harm their patients do not apologize because they either don’t want to tip a patient off to their medical mistake, or don’t want to admit fault.
The Doctors Company, a medical professional liability insurance carrier, recently conducted a study on medical malpractice claims filed against hospitalists between 2007 and 2014.
A man left in a wheelchair in the sun at a Florida nursing home passed away after suffering second-degree burns, blistering, and symptoms of dehydration, leading to an investigation of the home.
According to a recent Consumer Reports study, there are thousands of doctors across the county currently on probation for actions ranging from drug abuse to sexual misconduct with a patient.
According to the American Medical Association, medical negligence is the third highest cause of death in the United States, behind cancer and heart disease.
One of the most recent lawsuits filed against GlaxoSmithKline (GSK) regarding its drug Zofran alleges that GSK engaged in wrongful conduct and fraudulent misrepresentation, directly resulting in a child being born with severe congenital heart defects.
A sterilization implant is facing harsh criticism for allegedly causing numerous complications. Essure is a device that is inserted into the fallopian tubes for permanent sterilization.
Even the most routine surgeries can lead to complications, simply because the body is in a temporarily vulnerable state.
Labor and delivery will be a joyous occasion for most, culminating in the birth of a healthy baby.
During the childbirth process, there are times when the baby does not progress through the birth canal and medical intervention is needed to assist in the final stage of a vaginal delivery.
Undergoing cancer treatment is a very difficult experience, both physically and mentally. Treatments such as chemotherapy and radiation put a significant amount of stress on the body, and with side effects such as nausea, vomiting, loss of appetite and radiation burns.
Social Security disability benefits provide claimants with much needed income while they are unable to work. However, in some cases, these benefits can be lost.
The Penumbra Coil 400 is a medical device that has been used to treat patients suffering from aneurysms.
If you currently receive Social Security disability benefits, it is important that you are prepared when the Social Security Administration (SSA) decides to conduct a review of your condition.
The percentage of physicians who have been sued at some point over the course of their career is quite high. In fact, according to a recent Medscape survey of nearly 4,000 physicians, 59 percent had been named as a defendant in a medical malpractice suit.
A new lawsuit claims Johnson & Johnson and the former FDA Commissioner conspired to conceal information about the harmful effects of the antibiotic, Levaquin. The drug has been linked to several life-altering injuries and, in some cases, death.
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 negligence is a serious problem in the medical field. In fact, according to the American Medical Association, it is one of the top three causes of death in this country.
When a new parent has a perfectly healthy baby in the hospital, it is normal for the baby to be taken away for routine tests, only to be brought back to the mother shortly after those tests have been completed.
When applying for Social Security disability benefits, one of the first questions you will be asked is “on which date did you become disabled.” While this question may seem straightforward, many people find themselves struggling to decide on the appropriate date to list on the application.
When you have a disability that leaves you unable to work, the last thing you want to hear is that it might take months or even years to find out if you are eligible for Social Security benefits.
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.