Health Care and Social Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Health Care and Social.
September 15, 2014 By Brune Law Office
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.
September 11, 2014 By Specter Partnership Solicitors
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.
September 10, 2014 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.
August 31, 2014 By Brune Law Office
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.
August 28, 2014 By Fisher & Associates PC
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.
August 28, 2014 By Fisher & Associates PC
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.
August 26, 2014 By The Bottaro Law Firm, LLC
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.
August 11, 2014 By Goldstein & Hayes, PC
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.
August 8, 2014 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.
July 15, 2014 By Abbott Law Group, P.A.
Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
July 12, 2014 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”.
July 10, 2014 By The Bottaro Law Firm, LLC
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.
June 26, 2014 By Myler Disability
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.
Sutter Health decided to settle a whistleblower case before trial. The case involved allegations of double billing for anesthesia services at hospitals in California.
No reasonable person ever wants to find themselves in a hospital emergency room. If you find yourself there, chances are you have been seriously injured or are gravely ill and in a lot of pain. An emergency room tends to be overloaded with patients and understaffed. This type of stressful atmosphere can often time lead to mistakes.
Losing a loved one is never easy, especially when the loss could have been avoided. Often in cases of medical malpractice, those who are left behind after a loved one's passing wonder why the doctor is not going to jail for murder. Is it possible for one to charge a doctor with murder when their treatment of a patient was so poor as to result in death?
A Castro Valley assisted living facility was shut down by state social services last month. Patients were left with minimal staff to attend to their needs.
In the context of SSDI law, this article discusses why the Social Security Administration is not likely to consider your obesity to be a disabling condition on its own.
The owner of a California durable medical equipment firm was recently found guilty of Medicare fraud. The scheme resulted in more than $11 million dollars in fraudulent Medicare charges. Los Angeles false claims attorneys say that Medicare fraud is a problem that is continuing to grow, at the expense of taxpayers.
A gall bladder attack can come on without any warning. Pains on your right side radiate to your back. The pain becomes more than you can bear, so you go to the nearest emergency room and seek medical help. A few quick tests are performed and it is determined that your gall bladder is the offending organ and it needs to be removed. The surgeon assures you that this is a common procedure and you will be just fine afterwards.
Whenever someone dies it is normal for the survivors to want to find an explanation and a person to blame. Unfortunately, in some cases, nobody is to blame, and it was just that person's time. But, in other cases, when the death could have been avoided and someone else was in a position to prevent it, a wrongful death may have occurred.
Fetal distress may force parents to choose between neonatal surgery, early delivery, or a “wait and see” approach involving fetal monitoring. Yet, some problems require immediate action by a doctor.
Multiple Sclerosis (MS) is a disease which strikes thousands of Americans each year and leaves them with symptoms, conditions and physical limitations which make it impossible for them to work. Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) may provide income and medical benefits to help you.
In an ERISA disability lawsuit against Boston Mutual, Federal Judge upholds decision to deny Southside Machine Works employee’s long term disability benefits.
With patent expirations large pharmaceuticals are facing, there has been a tremendous opportunity for growing biotech companies.
A study published in September 2013 in the journal JAMA Ophthalmology has shown that those patients who take Crestor have an increased risk of developing cataracts.
A dentist in Tulsa, Oklahoma is the focus of a class action lawsuit filed against him by several patients. The malpractice lawsuit alleges that the patients were exposed to various blood-borne pathogens like hepatitis B and HIV during the course of him treating them.
Medical malpractice is when a healthcare professional breaches their duty of care to a patient, resulting in injury or death. Fortunately, these cases are fairly rare, but when they do occur the consequences can be devastating. Some people wonder what kinds of treatments might lead to medical malpractice. These are some of the most common types of medical malpractice.
When one visits a doctor, they usually expect to get better. But in a few cases, mistakes are made, and the patient ends up with a misdiagnosis, an improperly performed procedure, or a mistake with medication. These errors can result in not getting better, new injuries, or even death. This could be medical malpractice.
Communication between an attorney and client is critical in order to help disabled clients. In the world of social security disability, one of the best ways you can help your Rhode Island Social Security disability attorney with your disability claim is by getting good medical opinions from specific sources that show the extent of your impairment.
The global market for pharmaceuticals is expected to grow from 782 billion dollars of its 2011 value to 971 billions of dollars in 2016. 80% of the market share is divided up between North American, European and Japanese markets
A jury in Myrtle Beach, SC has awarded what is expected to be one of the state’s largest judgments in a medical malpractice lawsuit against an orthopedic surgeon whose actions left his patient a paraplegic.
A battlefield is a dangerous place, and tens of thousands of US military veterans have come home from Iraq and Afghanistan with injuries suffered on the battlefield. Naturally, many seek treatment at Veterans Affairs hospitals. But, CBS News reports that some veterans are dying of accidental overdoses of narcotic painkillers at a much higher rate than the general population.
The immunosuppressant drug Rapamune was at the center of a lawsuit which was recently settled for $257.4 million.
Anyone who has ever been to a doctor has probably seen a form relating to informed consent. But what is informed consent? What happens if you are asked to consent to something that you do not understand and are later injured?
It is a nightmare scenario nobody wishes to face: what should be one of the happiest moments of their life becomes one of the most tragic when their newborn experiences injuries during birth. These injuries can be permanently debilitating or even result in death. But, very often, birth injuries are also preventable and unnecessary, resulting from improper medical care.
The Social Security Administration (SSA) is the organization responsible for paying disability benefits to American adults and children deemed to suffer from long-term disability. The law states that disabilities must be the result of a medical condition that has prevented, or will prevent, you from working for a year or that will ultimately end in death.
Many of us have heard of Medicare and Medicaid, but never really understood what they were. Who is eligible for this coverage? What does it cover? Does it cost anything?
The Health Insurance Portability and Accountability Act (HIPAA) is a set of statutes designed to improve the efficiency and effectiveness of the US health care system. Much of it pertains to privacy issues related to your health records and what doctors and insurance companies can share with one another and with others. This is, to many, the most important part of HIPAA and creates a number of new rights for patients and new obligations for those in the medical profession.
Across the United States there have been thousands of these robots installed in hospitals and many surgeons have seemed eager to use the devices.
If you, or someone you know, have/has suffered an injury during medical treatment, you or they may have a claim for medical malpractice. Illinois malpractice law dictates a number of requirements for bringing these types of claims as a lawsuit, including how much time an injured patient has to file that lawsuit.
One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.
You do not have to be "totally disabled" or an invalid! For many claimants, you only have to be disabled from your former type of work. The Social Security Administration will take into consideration your age, education and past work experience in deciding if you are disabled under their rules. Every case is unique.
Johns Hopkins released the findings of a careful review of national medical malpractice claims. The safety researchers who conducted the analysis discovered some shocking information about “never events,” events that the medical community agree are unacceptable and should never occur.
A recent study found that large medical malpractice payouts make up less than 1 percent of all medical payments in the U.S.