Health Care and Social Law Articles

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



Surrogate Maternity - International Experience and Implementation in Ukraine

  February 10, 2016     By APC Law Company
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!

Nerve Damage Lawsuits Filed against Makers of Levaquin and Other FQ Antibiotic Drugs

  February 1, 2016     By Heygood Orr & Pearson
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.

Hospital Falls

  January 27, 2016     By Eichen, Crutchlow, Zaslow & McElroy, LLP
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.

Liability for Malpractice in Emergency Rooms

  January 20, 2016     By LeViness, Tolzman & Hamilton, PA
One of the most challenging positions in the medical profession is that of an emergency room physician.

Inpatients Face Real Risk

  January 20, 2016     By Eichen, Crutchlow, Zaslow & McElroy, LLP
When hospitalization is necessary to treat a medical condition many patients fear the loss of control that will inevitably follow.

Psychiatric Care and Patient Harm

  January 18, 2016     By Eichen, Crutchlow, Zaslow & McElroy, LLP
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.

Lancaster County, PA Hospital to Pay Historic False-Claims Settlement

  January 16, 2016     By Michelman & Bricker
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.

Mirena IUD Side Effects on the Brain

  December 29, 2015     By d'Oliveira & Associates
A hormone used in the Mirena IUD is now suspected of causing an elevated risk of PTC or pseudotumor cerebri in women.

Power Morcellator Lawsuits Consolidated in Kansas

  December 28, 2015     By d'Oliveira & Associates
All across the United States, lawsuits are being file due to it allegedly causing the spread of cancerous cells throughout the body.

Mother Sues After Taking Zofran During Pregnancy

  December 24, 2015     By d'Oliveira & Associates
Without ever conducing a clinical trial, GSK marketed Zofran to pregnant women as a treatment for morning sickness.

Infuse Bone Graft Lawsuit Filed After Back Pain and Tumor Growth

  December 27, 2015     By d'Oliveira & Associates
One woman alleges additional health complications after unapproved Infuse bone graft surgery.

$100 Million Transvaginal Mesh Lawsuit Award Reduced to $10 Million

  December 17, 2015     By d'Oliveira & Associates
After appealing the original award, Boston Scientific, was able to have the amount significantly reduced.

Understanding Medicaid Fraud Investigations in New York City

  December 7, 2015     By Law Offices of John Howley, Esq.
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.

Risperdal Lawsuit Awards and Settlements

  December 4, 2015     By d'Oliveira & Associates
Learn more about the current Risperdal lawsuits and what factors are considered in determining a settlement.

Overview of License Defense for a Physician

  December 3, 2015     By Matt Dickstein, Business Attorney
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.

$75,000 Whistleblower Reward in EMR Kickback Case

  December 2, 2015     By Law Offices of John Howley, Esq.
Diagnostic Pathology Group Pays $500,000 to Settle Allegations that Physicians Were Given Electronic Medical Record (EMR) Software in Exchange for Patient Referrals

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

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?

  By HG.org
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

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?

  By HG.org
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?

Learn which common testosterone therapy drugs are causing adverse side effects and what people are doing about it.

Cyber-Bullying Crimes in New Jersey

The act of bullying has been around for as long as anyone cares to remember.

Medical Professionals Facing License Revocation

Doctors spend many years studying and working to earn their medical license.

Medical Marijuana Allowed While on Probation

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

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

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?

  By HG.org
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

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

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

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

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

As a result of improperly injected flu vaccines, there has been an increase in the number of vaccine injury payouts.

Medical Malpractice and Lack of Informed Consent

  By HG.org
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

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?

  By HG.org
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?

  By HG.org
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.

Accountability in Hospitals

A medical error, made by a physician or other practitioner, can have devastating effects on a patient’s health.

Legislation To Have Surgeries Videotaped

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

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?

  By HG.org
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

  By HG.org
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?

  By HG.org
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?

  By HG.org
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?

  By HG.org
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

  By HG.org
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?

  By HG.org
If a consumer is injured by a defective product, he or she may have a variety of avenues available to protect him or her.


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