Health Care and Social Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Health Care and Social.

Medical Expert Witness Explains What Lawyers Must Understand about Informed Consent

  September 19, 2017     By
It is often necessary to hire an expert witness so that the judge or jury is able to understand certain aspects of a case or the evidence...

Proton Pump Inhibitors Linked to Higher Risk of Death

  September 18, 2017     By d'Oliveira & Associates
Studies conducted have suggested that the risk of death has increased due to some heartburn drugs.

Lack of Regulation Regarding Ambulance Accidents in Texas Adds Insult to Injury

  September 18, 2017     By Simmons and Fletcher, PC
In Texas, there are no laws requiring that private ambulance services carry anything more than a minimum limits policy. This is just one of many...

Avoiding Criminal Charges at the NYC Bureau of Fraud Investigation for Medicaid Fraud

  September 14, 2017     By Law Offices of John Howley, Esq.
Every year, hundreds of New Yorkers face criminal charges because they provided false information on their Medicaid application or...

Basics of Social Security Retirement Benefits

  September 14, 2017     By Mike Murburg, PA
Retired workers and various family members are entitled to Social Security Retirement Benefits.

Where Is the Line Between Medical Judgment and Medical Malpractice?

  September 13, 2017     By Levine Law, LLC
Doctors make life-changing decisions on a daily basis. When they make mistakes, the consequences can be devastating. While Colorado law affords...

Yaz Settlement Recipients the Target of Green Dot Debit Card Scam

  September 13, 2017     By d'Oliveira & Associates
Claiming to be from a settlement center, con-artists tell Yaz victims to send money to receive their settlements back.

What is a Special Needs Trust and when Should I have One Made?

  September 11, 2017     By
A special needs trust is a special type of trust that is used to supplement the needs of someone with a disability without causing him or her to...

False Advertising Alleged in IVC Filter Lawsuit

  September 8, 2017     By d'Oliveira & Associates
The lawsuit accuses the makers of the Gunther Tulip IVC filter as retrievable when removal of the device is often impossible.

Common Issues in False Claims Act Investigations

  September 7, 2017     By Stumphauzer & Sloman, PL
Physician-owned entities, pharmacies, hospices and other providers need to know about the False Claims Act.

Differentiating between Different Types of Nurses to Select an Expert Witness

  September 7, 2017     By
When choosing to hire an expert witness, the lawyer needs to evaluate the case and determine what type of nurse is needed based on the subject...

Expert Witness Explains Complications Involved in Kidney Stone Surgery

  September 7, 2017     By
Medical procedures are fraught with difficulty even in the best circumstances. This means an expert witness should be hired to explain these...

Johnson & Johnson Appeals $48 Million Verdict Awarded in Motrin Case

  September 6, 2017     By d'Oliveira & Associates
The company is claiming that Motrin is not dangerous and cannot be held liable for failing to warn consumers.

Disability Benefits for Lyme Disease

  September 6, 2017     By LeViness, Tolzman & Hamilton, P.A.
Tick infestations have become rampant in recent years, and the effects of a tick bite can be debilitating. Ticks bites can cause a nasty...

Rules Regarding Marijuana in the Workplace in Legalized States

  September 4, 2017     By
While the entire United States has different laws based on what has been proposed and implemented in each individual state, some of these permit...

When Can a Nursing License be Taken Away?

  August 31, 2017     By
There are various ways a nursing professional may lose his or her license in the medical world. In order to keep this form occurring, it is best...

Does an Advance Medical Directive Have to be Followed?

  August 30, 2017     By
An advance medical directive allows a person to write out specific healthcare decisions that they want to make based upon certain conditions,...

Hernia Mesh Products Sold Without Proper Testing

  August 25, 2017     By d'Oliveira & Associates
Many plaintiffs are speaking out about how the Physiomesh device had allegedly left them in constant pain.

AbbVie Hit With $15 Million Jury Verdict in Depakote Spina Bifida Case

  August 24, 2017     By d'Oliveira & Associates
Plaintiff claims the child’s spina bifida was due to his mother taking Depakote during her pregnancy.

Is it Too Late to Hire a Lawyer to Handle My Medical Malpractice Claim I Filed?

  August 23, 2017     By
In some situations, a person may file a lawsuit without the assistance of a lawyer. However, once he or she realizes how complicated the process...

Expert Witness Evaluation Regarding Perinatal Malpractice Cases

  August 23, 2017     By
Perinatal malpractice cases are often discovered through the keen use of procedures performed on the placenta and residue to reveal what caused...

Making Sense of The Stark Law

  August 23, 2017     By Sidney L. Gold & Associates, PC
The Stark Law is a federal law which, in its first iteration, was first enacted in 1992. The general purpose of the law is to ensure that...

Xarelto Makers Failure to Warn of an Allegedly Known Risk

  August 18, 2017     By d'Oliveira & Associates
Attorneys for the victims claim that Janssen and Bayer concealed information on the label.

Important Traits in an Effective Orthopedic Expert Witness

  August 17, 2017     By
Expert witnesses must have experience in the subject of the case. This usually means that someone in the medical field has been hired to explain...

When Patients Place Trust in Professionals, Accountability is Vital

  August 14, 2017     By Terry Bryant Accident & Injury Law
When you suffer from a medical condition in the United States, you are forced to place your trust in the hands of a vast network of doctors,...

Cardiology Expert Witness and Why Lawyers May Need One

  August 14, 2017     By
When someone has been involved in medical malpractice with the heart, a cardiology expert witness is often necessary. These professionals have...

What are the Rules about Collecting Child Support from Someone who Receives SSI or SSDI?

Child support is collected from the parent that earns the most income from work or other projects. The amount and stipulations on what is...

Clinical Trials Link Invokana to Amputation Risk

  August 8, 2017     By d'Oliveira & Associates
The FDA is ordering Johnson & Johnson to add a boxed warning regarding these clinical trials.

The Rising Costs of Prescription Drugs Are Impacting Workers Compensation Claims

  August 7, 2017     By Ankin Law Office LLC
Each year, the Express Scripts Workers Compensation Drug Trend Report evaluates changes in medication use and associated costs for injured...

Is Your Doctor Experienced Enough to Operate on You?

  August 3, 2017     By Kline & Specter, PC
When you need a medical operation, you will naturally have a lot of concerns and questions about your health and your recovery, but one question...

If I Relocate Overseas Permanently, do I Lose my SSDI Benefits?

  August 3, 2017     By
Social Security Disability is available to those that are elderly, disabled or have qualified for the benefits. There are many specific...

About Federal Healthcare Fraud

  August 1, 2017     By
Healthcare fraud is a serious crime that affects multiple individuals when someone engaging in an attempt to intentionally defraud the...

Our In-Network Hospital Moved a Patient to an Out-of-Network Hospital for Emergency Surgery, What Do I Do?

Medical insurance and stays at a hospital may become complicated when the patient is moved from one location to another. However, if the initial...

Legal Battles of Pharmaceutical Companies in Ukraine for Miramistin

  July 28, 2017     By IPStyle
It’s an open secret that the pharmaceutical industry has been long striving for leadership in capital investments, research, innovations and new...

Nursing Malpractice Claims Lives

  July 26, 2017     By Folkman Law Offices, P.C.
Nurses are often the front line of medical care for patients. When a nurse fails to provide a certain standard of care and that failure injures...

Off-Label Use of Medicine and Liability

  July 26, 2017     By Eichen, Crutchlow, Zaslow & McElroy, LLP
A recent case has resulted in an ophthalmologist being held liable for injury to a patient who lost their vision from off-label use of a...

Handling Online Defamation of Physicians

  July 25, 2017     By Sidney L. Gold & Associates, PC
With the growth of online review websites, physicians nationwide face an increasing risk of unwarranted defamation. No one wants to hear...

Burnout among Doctors Can Have a Major Impact on Quality of Care

  July 24, 2017     By Cirignani Heller & Harman, LLP
When Dr. Dianne Shannon started practicing medicine, she wanted to help people. She was an internist working in outpatient clinics in Boston,...

IVC Filter Manufacturer Faces Wrongful Death Lawsuit

  July 21, 2017     By d'Oliveira & Associates
The lawsuit claims that manufacturer C.R. Bard failed to properly warn and hid safety hazards from patients.

Can the Hospital Authorize Treatment Without My Consent when I Am My Husband’s POA for Healthcare?

Many individuals have a power of attorney document drafted on their behalf. This document is often considered a fundamental cornerstone of an...

Autopsies Are Useful in Proving Medical Malpractice

  July 18, 2017     By Folkman Law Offices, P.C.
An autopsy is the internal and external examination of the body used to determine the cause of fatality. An autopsy is comprehensive, involving...

Protecting the Elderly in Texas

  July 17, 2017     By The Posey Law Firm, PC
A state's elderly residents are among their most vulnerable residents. Recent Texas legislative issues/news announces a new state law scheduled...

Pain after Flu Shot? There’s a Government Program for That

  July 14, 2017     By Law Offices of Leah V. Durant, PLLC
Pain after a flu shot could be a sign of Guillain-Barre Syndrome (GBS), a potentially-serious shoulder injury or another vaccine-related medical...

Longshore and Harbor Workers’ Compensation Act

  July 14, 2017     By Garfinkel Schwartz PA
The Longshore and Harbor Workers’ Compensation Act Law was passed in 1927 to protect longshoremen who work on U.S. waters.

Telemedicine Reform Bill Passed in Texas

  July 14, 2017     By The Posey Law Firm, PC
One of the bills that the Texas Legislature passed in the last regular session legalized the practice of telemedicine.

What Are the Signs and Symptoms that a Baby Suffered a Brain Injury at Birth?

  July 11, 2017     By Williams & Brown, LLP
When a baby suffers an injury during labor and delivery, parents are devastated and have many questions about what happened, why it happened and...

Medicare Fraud and Expert Witnesses

Fraud is a serious crime that often affect multiple persons simultaneously. When someone’s personal information has been stolen and used in this...

Caps to Non-Economic Damages Would Limit Patient Recourse

  July 10, 2017     By Ankin Law Office LLC
The United States House of Representatives has recently voted on legislation that would limit the amount of non-economic damages patients could...

FDA Case Studies Reveal Diagnostic Risks of Laboratory

  July 7, 2017     By Kent M. Lucaccioni, Ltd.
The medical diagnostic process is incredibly complex, and as a result, errors aren't uncommon during this process. It is difficult to trace the...

Failure to Disclose Is Medical Malpractice

  July 7, 2017     By Folkman Law Offices, P.C.
A doctor has a duty to disclose all relevant information regarding a medical treatment to their patients. This allows the patient to make a...

Why People Are Hesitant to File Medical Malpractice Claims and Why They Shouldn’t Be

People often feel subject to things that are completely beyond their control and understanding. This is true not only of bigger forces in life,...

Meningitis Misdiagnosis Case

The Pennsylvania Superior Court recently awarded more than $10 million in damages to a mother, after medical professionals failed to diagnose...

Real Estate Arrangements with Disabled Persons

Persons with disabilities are protected by the Fair Housing Act in which they may be provided a place for rent or to purchase no matter which...

Expert Witnesses Discuss Dangers of Using Forceps during Childbirth

There are many dangers in childbirth, but there are none greater than when the baby is harmed during the process. This may occur with various...

How Federal Debts May Affect Your SSD Paycheck

  By Herren Law
Now that you’ve gone through the Social Security disability process and started receiving your monthly benefits, you are free to use the money...

Are Doctors Responsible for Pain Medication Addiction?

When patients are in pain, doctors often prescribe opioid pain medications. They are effective in treating pain, but can have a dangerous side...

Defective Pacemakers, Recalls, and Alerts

A pacemaker is a medical device that delivers electrical impulses to the heart to stabilize heart rhythms. Irregular heartbeat affects millions...

Which is Best for My Handicapped Child’s Education, a 504 Plan or an IEP?

Determining which plan is better for a child with special education needs depends on various factors. An IEP is an individualized education...

Apology Laws and Their Effect on Malpractice Lawsuits

Apology laws have been passed in more than 30 states in an attempt to reduce malpractice lawsuits. These laws allow for physicians to freely...

Common Legal Mistakes Made by Doctors

Health care is one of the most regulated industries in America. As doctors in private practice, a careful juggling act must occur between caring...

What Is Healthcare Fraud and How Can You Spot It?

Healthcare has been a dominant subject in American life for many years. We talk at length about quality of care, medical errors, insurance...

The Most Common Forms of Medical Errors

We take many things for granted in our daily lives. This is especially true when we place our trust in professionals and rely on their expertise...

Kickbacks and Fraud in Our Health Care System

The health care industry in the United States is plagued by fraud, abuse and waste. In fact, it costs us up to $60 billion every year. People...

Medical Laboratory Expert Witness in Medical Malpractice Cases

Many cases have the need for a medical laboratory in issues with malpractice claims. This means that certain aspects need further testing, or...

Expert Witnesses Provide Testimony in Perinatal Malpractice Cases

Perinatal malpractice usually involves injuries to the baby before, during or after the child has been born. These could occur through the...

When is a Surgical Error Malpractice?

Every surgery – even the most minor – poses the risk of medical error. But does every surgical error constitute as medical malpractice?...

When Is a Physician Responsible for Stark Law Violations?

The Ethics in Patient Referrals Act or Stark Law was passed in part in 1989. Since its passage, the law has been modified frequently, most...

What Is My Right to Appeal a Denial of VA Benefits?

When a person sustains an injury in service, he or she may file a claim for VA benefits. It is not uncommon for these claims to be initially...

Bayer Facing Additional Lawsuits Over Mirena IUD Side Effects

These clients are claiming that Bayer never warned the public about the possibility of developing Pseudotumor celebri.

How to Establish a Connection between Your Military Service and Your Disability

  By Herren Law
Filing a claim with the Veterans Affairs (VA) for disability compensation for an illness or disability that resulted from your military service?...

Veterans Administration Patients at Risk

The Office of the Inspector General (OIG) for Veteran’s Affairs has released a preliminary report detailing the inadequate administration of the...

What Physicians Should Know About Restrictive Covenants

A restrictive covenant is a contract between an employee and employer that protects the employer from future losses when the employee leaves.

How Fentanyl Prescriptions Can Be Medical Malpractice

Fentanyl is a potent narcotic drug. It is chemically similar to morphine but 80 to 100 times stronger, and is a synthetic opioid. Typically it...

Impact of Drugs and Alcohol and Disability Benefits

When an individual applies for Social Security disability benefits, there is no guarantee that the application will be approved. The Social...

When Large Medical Groups Acquire Small Physician Practices – Legal and Economic Structure

A trend in the medical marketplace is for big group multi-specialty medical practices to buy up small practices, and integrate them into the big...

Heart Surgery Infections and Malpractice

The Centers for Disease Control and Prevention (CDC) has growing concerns that approximately 600,000 heart surgery patients could be infected...

Injuries Resulting from Breast Cancer Treatment

An alarming study by a Danish group claims that physicians, in their rush to treat women diagnosed with breast cancer, may actually do more harm...

Chicago's Public Hospitals Paid Out More than $160 Million for Medical Malpractice Cases

Two of Chicago’s public hospitals have shelled out more than $160 million in the last several years, indicating that medical malpractice is a...

Superfluous Surgical Procedures Undermine Patient Safety

Unnecessary surgical procedures unduly cost patients time, money, and discomfort. In some cases, the surgical procedure may even put their...

Patients File LivaNova Lawsuit in Pennsylvania

More Hospitals Warn Patients About LivaNova Bacterial Infection.

How Understanding Tolling and the Statutes of Limitations Can Help Your Personal Injury Case

If a person is hurt in a personal injury case including a car accident or a medical malpractice situation, an understanding of a tolling of the...

Improve Your VA Disability Claim

  By Herren Law
When you or a loved one joined the military, you, like thousands of other veterans, dedicated everything to your service, giving the Army, Navy,...

Stricter Malpractice Laws

When a patient is admitted to the hospital for surgery, his or her life is literally in the hands of the surgeon who is performing the procedure.

Six California Plaintiffs Awarded $1 Billion Verdict for Defective Metal Hip Implants

After being implanted with the devices the Plaintiffs all claim to have serious injuries due to the implant system.

What Is the “Discovery of Harm” Rule in a Medical Malpractice Case?

Every state has a law related to the amount of time a person can bring forth a personal injury case before being time-barred from making the...

Invokana Lawsuits Will Be Heard in Federal Court

These lawsuits against the makers of the diabetes drug claim that it was the cause of their kidney failure.

Does Workers’ Compensation Affect My Social Security Disability Benefits?

Workers’ compensation packages provide what benefits are allotted to workers when they have been injured while at the jobsite performing duties...

When Can You Sue for Emergency Room Malpractice

Everyday people are injured and must go to an emergency room to seek care for their medical needs. However, in some cases, a doctor’s errors may...

Elder Care Abuse and Neglect – Should I Hire a Lawyer?

Every year, elderly individuals are abused, neglected or exploited. In many cases, this abuse is inflicted by a caregiver, which may be a...

Kickback Fraud in the Health Care Business

Competition for health care business is strong. Every possible service from pharmaceutical manufacturers to providers of durable medical...

Overview of License Defense for a Physician

[P]rofessional discipline for a physician [involves] the process by which your medical license comes under attack and your defense of it.

When Can a Nursing Home Be Sued for Bedsores?

An increasing trend in personal injury cases involves claims that are brought forward related to a loved one acquiring bedsores. The formation...

Do I Need an “Affidavit of Merit” in a Medical Malpractice Case?

Medical malpractice cases are complex and often take a substantial amount of time when tried. They can be expensive for both parties.

Safety Protocols and Electronic Medical Records Can Reduce Incidence of Birth Injury

Childbirth is especially susceptible to medical error because of the complexity and variability of the medical issues that can arise. Medical...

Can You Sue for Unsatisfactory Plastic Surgery Results?

Plastic surgery is an elective procedure that usually requires out of pocket income for payment to the healthcare facility and physician that...

Affordable Care Act: The Employer Shared Responsibility Provision and Seasonal Workers

The reporting requirements for the Affordable Care Act (ACA) will remain in effect for the 2017 reporting period, which covers 2016. Any...

Lawyers Claim DePuy Aggressively Marketed Metal-On-Metal Implants

With alleged prior knowledge of the flawed design, DePuy still marketed these metal-on-metal implants.

Benefits from an Ex-Spouse

If you are divorced and planning for your retirement, you may have questions about what benefits you are entitled to receive, including Social...

What All Employees Should Know About the FMLA

When and why you can take FMLA leave.

FDA Warns About Defibrillators

Tragically, two people recently lost their lives after the batteries in their implanted heart defibrillators failed to function properly.

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