Health Care and Social Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Health Care and Social.
Medical professionals at every level – from top surgeons to nurses and aids – have an obligation to provide patients with a “standard of care.” This responsibility includes taking actions that fit into the medical community’s assessment of appropriate medical interventions. A violation of this responsibility that causes harm to a patient may fall under the scope of malpractice.
In this article, I explain the basic negotiation points in an Operating Agreement for a California ambulatory surgery center (ASC). I focus mainly on control and on exit (buy-sell).
The Possibility of Realization of Medicinal Products after Termination of the Registration Certificate
On 10.20.2014, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Amendments to the Law of Ukraine "On Medicinal products" concerning turnover of medicinal products and state quality control of imported to Ukraine medicinal drugs".
A landmark decision by the 11th U.S Circuit Court of Appeals has declared that laws based on a series of court decisions, which have been protecting cruise ships from medical malpractice lawsuits for over 100 years, are outdated and no longer applicable.
A Kentucky woman whose son was diagnosed with spastic quadriplegic cerebral palsy has been awarded an $18.3 million settlement by a jury.
California legislators plan to introduce a bill to eliminate the personal belief exemption which allows California parents to refuse to vaccinate their children. Two U.S. senators also want to eliminate the religious exemption. Whether either change is enacted, daycare facilities who fail to protect others from unvaccinated children and parents who fail to vaccinate their children risk liability for any injuries or deaths caused by their child’s spread of the highly contagious measles virus.
Who gets the patient medical records after a physician leaves a group medical practice? Here's a proposed structure that is fair and resolves the problem up-front for all sides.
Patients who are harmed by negligent care provided by doctors, nurses, or other medical professionals may have grounds to file a medical malpractice lawsuit.
Each year, more than four million babies are born in the United States. Fortunately, most of these babies are born healthy and without complications. But when problems arise in the delivery room that result in birth injuries, parents and families are left questioning what went wrong.
The Pennsylvania Workers’ Compensation Act provides for different standards and evidence required to prove psychological injuries, as compared to physical injuries. The most common type of work injury claim involves a physical to part of the body, caused by a physical event – such as by falling or lifting something.
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?
My clients are often surprised to learn that even after devoting many years of loyalty to a company, that he or she is subject to termination, even after suffering a work related injury.
Medical malpractice is a national crisis, killing more than 200,000 people each year by some estimates.
Included in the Draft Tax Reform of Income Tax Law for Non-residents is a significant modifying rule that could be described as a "second chance" to allow those non-residents who have not declared foreign pensions received to rectify the situation.
We all want the best for our loved ones. Most of us would give anything to give back to our parents in their old age what they have given to us growing up. Unfortunately, some families have members that do not respect the relationship with their elders, and may take advantage of them in a vulnerable condition.
Senior citizens have been given certain unnecessary drug testing in a Medicare fraud scheme.
On Requirements Set by the European Federation of Pharmaceutical Industries and Associations (EFPIA)
Starting in 2015, the pharmaceutical companies - EFPIA members shall comply with the requirements regarding the disclosure of information on the transfer of value to Healthcare Professionals and Healthcare Organizations.
People who are injured as a result of medical negligence are entitled to seek compensation through a lawsuit. However, in the vast majority of medical malpractice cases, a lawsuit is never filed. In fact, in the case of misdiagnosis – one of the most common types of medical errors – the patient may not be aware that a mistake occurred, and the error itself may go unreported.
It would be a truth universally acknowledged among sensible people that the sharing of information on best practice, and the identification of meaningful trends gleaned from data, can only be a bonus for all organisations regardless of operation - and none more so than the NHS.
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?
The New York State Workers' Compensation Law provides for indemnity and medical benefits if a claim is found to be work related. One of the more controversial aspects of a work related claim occurs when an injured worker alleges stress, anxiety or depression as a result of employment.
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.
It is not a secret that an average childbearing age in the developed countries has significantly increased. Many people in developed countries live for a long time "for him(her)self" and start thinking about children only at the age of 40. And if such an age is not a problem for a man, a woman, even with modern medicine, may have some difficulties with the childbirth. In most cases the surrogacy is the only way.
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
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 whistleblowers report fraud within hospitals and pharmaceutical companies, they may also unknowingly stop risky medical practices.
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.
It may seem to run contrary to common sense, but it is possible to collect both workers' compensation and unemployment benefits. However, an injured worker should be aware of the limitations of each program.
Studies show that understaffing is directly linked to elder abuse in nursing homes.
Seven whistleblower suits against Community Health Systems and associated entities was settled in August for $98 million.
Primary plan employers or carriers have to pay damages to both Medicare and individual lawsuits for failure to pay conditional payments.
A skilled pickpocket does not just take your wallet; he directs your attention elsewhere. When you notice you have been robbed, you blame someone else.
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.
When a person is injured while in the hospital, he or she may consult a personal injury attorney who focuses on medical malpractice claims. One of the first questions that an attorney of this nature will try to answer is who may be sued. In addition to surgeons or other healthcare staff, hospitals may also be sued in some cases for malpractice. The hospital may be able to be sued if one of the following situations is applicable.
A medical malpractice case may arise when a patient’s treatment falls below the standard of care when compared to other surgeons in the same practice area and the patient is harmed. A patient may be injured due to a variety of surgical errors.
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?
The determination of whether an injured worker is an independent contractor or an employee involves a variety of tests and factors. The ultimate decision is critical, as it can determine whether benefits under the New York State Workers' Compensation Law are payable by the employer.
In the UK Medical Negligence cost the NHS £1.2 billion during 2013/2014 – but why are mistakes within the medical world on the increase? There were over 3,000 claims made within 2011/2012, compared to just 250 in 1981/1982 – have we become a compensation hungry nation, or is medical care really going downhill? We take a look at the issues surrounding medical negligence claims and take you through whether you should make a claim against the NHS.
By MMLC Group
This article is aimed at introducing some important provisions of the PRC Patent Law that pharmaceutical companies need to be aware of when making or selling their drugs in China.
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.
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.
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.
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.
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.
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.
By Karbal & Co.
Libya is largely dependent on imports, consisting mainly of industrial and food commodities. Libya’s biggest trading partner is the European Union and Italy leads with 30% of Libyan imports. This significance of the Libya/EU trade-link across the Mediterranean is undisputed as the seaports of Libya are invigorating their connections to the southern European seaports.
Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
The da Vinci surgical robot has been marketed as a breakthrough in making surgery more efficient and less invasive. The da Vinci robot has a sophisticated 3D view camera and four remote control arms, enabling surgeons to perform operations such as hysterectomies and prostatectomies through smaller incisions but with better visibility and precision. The da Vinci robot is currently used in about 1,000 hospitals and hundreds of medical offices across the United States.
Living with Fibromyalgia is no walk in the park for anybody, but there is help for it if you know where to look. Getting disability benefits for Fibromyalgia is possible, but first you have to understand the disease. Talking to your doctor is a great place to get the answers you seek, but you can still do your own homework. When all is said and done, you ultimately need to know why you might need help with this sometimes debilitating ailment.
In this article we will take a look at the current climate for free-standing, independently-owned physician surgery centers predominately in New Jersey, but affecting many areas of the country, and why it may be the harbinger for increased litigation to come. We’ll highlight a few of the recurring legal issues which tend to arise and take a look at some of the more common and fertile areas for litigation.
Social Security disability benefits can be paid to people who have recently worked and paid Social Security taxes and are unable to work because of a serious medical condition that is expected to last at least a year or result in death. The fact that a person is a recent parolee or is unemployed does not qualify as a disability.
I rose to shake hands with my client and asked her to sit down. You see, at first I didn’t recognize her. It was only when I glanced down at her hand and saw the ring that I knew it was she. An old and now estranged friend had given it to her.
Pharmaceutical Industry is one of the most critical industries with its production volume and trade capacity. The point that differs pharmaceutical sector from other sectors is the nature of pharmaceutical products that are not suitable for replacement for many reasons. Due to the dynamics of the pharmaceutical industry, it is one of the most significant and crucial sectors in the world, considering the cyclical trends will be in the future.
Medical malpractice and personal injury attorneys practicing in Rhode Island should be aware of a recent state Supreme Court decision that is helpful for our state’s consumers.
A large portion of the whistleblower lawsuits that are filed are related to the healthcare industry. The government funding of Medicare and Medicaid has lead to the large number of complaints related to healthcare fraud.
Where special circumstances exist, the handling of a Social Security disability case (SSDI or SSI) can be "speeded up" to provide the claimant with relief at an earlier date. The situations which the SSA recognizes as being in need of this special processing include Terminal Illness, Military Service, Compassionate Allowance and Dire Need cases.
When a person goes to see a Social Security disability lawyer, he or she often asks if a specific disability will qualify the applicant for Social Security disability benefits. However, the answer to this question is usually not clear cut. A Social Security disability lawyer can explain that every case is different and the severity and limiting effects of the condition must be considered for each applicant. This holds true for cases involving Post Traumatic Stress Disorder.
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.
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”).