Health Care and Social Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Health Care and Social.
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.
Errors during surgery can be some of the most dangerous medical errors. When a reasonable standard of care is not met, and a surgeon’s actions are deemed negligent, resulting in harm to the patient, this constitutes medical malpractice. Most surgical errors are preventable mistakes.
Many people feel afraid when they look for medical help. Whether it is their fear of a traumatic diagnosis or simply experiencing nerves over a routine check up, Chicago residents and people in other parts of the country may not rank potential doctor errors high on their lists of medically-related fears. That may change, however, in light of recent surveys completed by professional medical groups.
In the last few years, costly health care has been a hot topic, as families and employers struggle with skyrocketing health insurance premiums and state and federal governments wrestle with ever-increasing Medicaid and Medicare costs.
How to get Social Security Benefits and the Application Process to do so
Are medical tests, procedures and treatments safe and necessary? Unfortunately, many medical tests and procedures are performed unnecessarily, which can put patients at risks for further medical complications.
Despite advances in neonatal medicine, hypoxic-ischemic encephalopathy remains a common condition in the U.S., potentially causing cerebral palsy, brain damage or death to the infant.
According to WebMD Health News, sleeping pills are dangerous. A doctor reporting to the news agency has likened them to smoking cigarettes. Even taking a sleeping pill once in awhile leads to increased health risks.
Though an outwardly noticeable condition, Parkinson's Disease stems from brain's inability to send messages controlling muscle movements.
Social Security Disability benefits and SSI Disability Claims are two different ways for individuals to receive financial compensation and assistance due to their disability and inability to contribute to the workforce, and are managed by the federal government.
Johnson & Johnson announced in January 2013 that it had set aside close to $1 billion, in addition to the $3 billion set aside in 2011, to compensate those who received a defective metal-on-metal hip implant from the company.
Most women who have had a previous C-section birth can deliver their next baby vaginally. However, some women will be in danger of a birth injury from VBAC. This article discusses the risks and what women contemplating VBAC need to do to prepare for a safe delivery.
High risk pregnancies include risk types such as women with abnormal weight, multiple pregnancies, premature birth, etc. Doctors need to pay close attention to a woman and infant with a high risk pregnancy.
The growing number of for-profit nursing homes appears to be adding to the problems of waste, fraud and abuse that plague many nursing homes.
Before you decide to have an epidural, it is important to understand the risks involved, including what injuries epidurals can cause to both you and the baby.
At-home births with a midwife can save on costs, but may create additional risks. Learn more about the risks of at-home delivery and how a skilled lawyer can help in the case of a birth injury.
Eligibility for VA benefits is dependent on factors such as active duty. The determination of this is sometimes complicated, depending on the circumstances.
With 225,000 people in the U.S. dying each year from medical malpractice and 1.5 million injured from medication errors in hospitals, doctor's offices, and nursing homes, medical negligence is a serious problem that needs to be addressed.
By Reiff & Bily
Just as any other type of medical practitioner, when a chiropractor consults with a patient he or she is expected to make an initial determination of what might be wrong with the patient's health, then create a plan to begin the healing process. When a patient is misdiagnosed or improperly treated for their pain, they will not likely find the relief that they are looking for, and may even experience worsened conditions.
Children with Erb's palsy often have partial or total paralysis of their hand, arm, or face. The most common cause of Erb's palsy is dystocia, which happens from a brachial plexus injury during a difficult childbirth.
Common post-operative injuries that individuals should know about before undergoing surgical procedures.
According to a study released by Johns Hopkins, surgical errors that are considered “never events” happen at least 4,000 times a year in the United States.
Pitocin is not just a dangerous drug; there are benefits to its use. If administered and monitored correctly, it can help save the life of a mother and/or her unborn child.
30 Percent of all Birth Injuries Are Preventable.
Pregnancy and childbirth complications are on the rise in the US.
Wrongful death lawsuits resulting from medical malpractice are filed when a patient dies as a result of the negligence of a doctor, nurse, medical professional or medical facility. This article will provide more information about California wrongful death claims.
Kernicterus is a dangerous neurological condition that can develop if a baby with very high bilirubin levels, leading to severe jaundice is not immediately treated. Kernicterus causes severe and irreversible brain damage. Kernicterus can be prevented.
When a doctor hurts a patient, the patient often looks to be awarded medical malpractice compensation. There are many damages available in medical malpractice lawsuit cases. In some cases, these payouts can amount to millions of dollars.
Cerebral palsy is one of the most serious birth injuries that can affect children and families.
A number of Ohio medical societies are fighting back against increased licensing standards, a worrisome development in a state with so many medical malpractice cases.
If your child is significantly slower in achieving developmental milestones such as walking, talking, or self-care skills compared with other children of a similar age, this may be a sign of a developmental delay. This article discusses developmental disabilities and potential causes.
Although a medical professional’s negligence can have severe consequences, everyone injured at the hands of a doctor or nurse does not file medical malpractice claims.
Doctors routinely diagnose different conditions in patients. Unfortunately, these diagnoses are not always timely and accurate. In these cases patients may file medical practice claims against medical professionals who delay a diagnosis or misdiagnose a patient.
Although medical literature frequently reports computerization of medical records, barcoding for medications, evidence-based medicine, and other approaches can reduce medical errors, practitioners and institutions have not embraced them very speedily.
It is important for expectant parents to educate themselves about birth injuries in general and about things they can do to help keep their unborn babies safe until they enter the world.
Before, the Social Security Administration (SSA) issues benefits statements to its beneficiaries via mail. Now, only individuals aged 60 years or older receive mailed benefits statements because the rest of the recipients aged 18 and above now have the ability to look up on their own statements using the Internet.
Traumatic brain injuries sometimes happen to newborn children as a result of medical malpractice. Traumatic brain injuries in babies can lead to developmental disabilities, cerebral palsy, and many other lifelong medical conditions.
This article addresses the reference pricing system used for the pricing of the pharmaceuticals for human use in Turkey and the current problems arising from such system.
Depression, bipolar disorder and post-traumatic stress disorder (PTSD) are three similar mental illnesses with defining symptoms and characteristics. People afflicted by these mental health issues are often times unable to work, making it difficult to pay bills and other expenses. In this article, we detail the challenges people face while trying to obtain long term disability benefits.
Each year thousands of people are injured or die from surgery malpractice. Patients are injured or die from complex emergency surgeries as well as common routine surgeries such as plastic surgery or weight loss surgery. This article will discuss surgery injuries from medical negligence.
Have you just hired a Los Angeles Social Security claim lawyer who will help you in processing your Social Security claims? For some time now, there has been news that Social Security is about to go bust. Is it true? Are you worried about it?
This article discusses the recent failing grade UCLA and other hospitals received for hospital safety. This also covers a problem independent groups are seeing with hospital safety and patient injuries.
Times are getting tougher by the day. As it is, people with disabilities are finding it hard to survive on a daily basis. Because of their disabilities, they are forced to give up their jobs.
Medical physicians are not the only profession that have to worry about medical malpractice suits. Dentists, chiropractors, and psychiatrists are also vulnerable to malpractice suits if neglect can be proven. Recently, an orthodontist was sued for having a patient wear his braces for 11 years. The patient is now claiming neglect due to permanent damage done to the inside of his mouth and jaw.
Why the Accommodations Issue is Unlikely to Pose a Problem If You Are Filing for Federal Disability Retirement Benefits
Each year medical misdiagnosis leads to thousands of unnecessary injuries and deaths. This article explains how a heart attack, stroke, cancer, or infection may be misdiagnosed, leading to serious injuries or death for the patient.
The Wright State Research Institute has developed a new software system to implement electronic healthcare records in order to speed up the process of evaluating social security disability claims.
Veterans’ disability lawyers in Raleigh will explain how your marital status and dependents can impact veterans’ disability benefits. If you have a disability rating of 30 percent or higher, it could lead to additional compensation.
The Federal government created both Medicaid and Medicare to assist some Americans with the high cost of health care
Medicare, health insurance for elderly and disabled Americans, is a large system that can seem confusing. Here are some basics to help you understand all types of Medicare.
The Obama administration has been asking individuals who have suffered improper medical care to report such instances of neglect. It is hoped that the information that will be reported will aid in an overall better health care environment for the nation.
The Supplemental Security Income (SSI) program of the Social Security Administration (SSA) is a needs-based program that seeks to provide financial aid to qualified individuals. These individuals are the disabled, the elderly (age 65 or older), and the legally blind.
Plastic surgery, although a common elective surgery carries a risk for injury or death. It's important to understand that all surgeries carry a risk of injury or death. Simple surgical mistakes or anesthesia errors can result in great harm to a patient.
In this article, the author discusses the merger of medical practices, from a legal perspective.
An undiagnosed heart attack or stroke accounted for almost three of every four missed diagnoses that, had health care professionals correctly diagnosed the medical problem, could have saved the patient’s life.
In a move that is of interest to people who are retired or planning for retirement the Social Security Administration is implementing a cost-cutting measure that is expected to save United States taxpayers approximately $1 billion over the next 10 years. Beginning in March of 2013 the practice of mailing out monthly checks in hard copy form is being discontinued.
Sometimes you can engage a paradigm shift that can provide economic efficiency in a rather simple but effective manner. This is something that the Social Security Administration has been doing and the timing is ideal. Retirement planning experts tell us that tens of thousands of people are joining the ranks of Social Security recipients monthly, and this growth will continue for years to come as the baby boomer generation reaches the age of Social Security eligibility.
A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling party of Hungary submitted a Bill to Parliament, which would offer permanent Hungarian residency under preferential conditions for non-EU national investors willing to buy at least €250,000 of government bonds. The Bill is currently under consideration and is expected to become law very soon.
Due to the aging of the baby boomers, there are approximately 10,000 people applying for Social Security benefits every day. This volume of applicants will continue for the next 20 years according to elder law experts. Of course, there are already millions of people collecting Social Security benefits. Can you imagine how much it costs to mail out paper checks to even a small percentage of these individuals?
The senior population in this country continues to grow, presenting even more viable targets for Medicare, Medicaid and other healthcare related frauds. As it stands now, this type of fraud costs the government billions of dollars each year. Help yourself avoid becoming a victim by learning what types of scams are out there, as well as what steps to take to avoid being victimized.
The Social Security Administration expects to save somewhere in the vicinity of $1 billion by discontinuing the practice of sending out paper checks through the mail every month. This is a cost-cutting measure that makes a lot of sense to many people within the South Carolina elder law community. At the present time nine out of every 10 people who are entitled to Social Security payments are receiving them electronically so taking this final step will provide total efficiency.
Talking with Veterans Social Security disability attorneys in Raleigh can help you learn if you qualify for disability benefits through Social Security. You may also be able to receive veterans’ disability benefits. Veterans Social Security disability attorneys in Raleigh can help military service members determine the types of benefits they may qualify to receive. In addition to obtaining veterans’ benefits, some may also receive disability benefits made available through Social Security.
Overcrowded emergency rooms have become a major problem with hospitals, resulting in an increase in medical negligence and medical malpractice. Overcrowding has become a serious problem in hospital emergency departments. This causes patients who need immediate medical help to sometimes wait hours for medical attention.
The role of the Social Security Administration (SSA) on your claim is to make sure that your disabling condition is severe enough for you to be granted disability benefits. Also, the federal agency’s evaluation of your claim looks at how your condition affects your activities of daily living, also called ADLs.