Health Care and Social Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Health Care and Social.
Learn more about the current Risperdal lawsuits and what factors are considered in determining a settlement.
A bird's eye view of professional discipline for a physician, that is, the process by which your medical license comes under attack and your defense of it.
Diagnostic Pathology Group Pays $500,000 to Settle Allegations that Physicians Were Given Electronic Medical Record (EMR) Software in Exchange for Patient Referrals
If you or a loved one has been injured due to an avoidable medical error or negligence, you should be diligent in exploring your legal rights. One of your first steps is selecting a medical malpractice firm, but you may be unsure of where to start. To help, we have created a selection of help tips for selecting a medical malpractice firm.
A young Texas mother is seeking answers after her newborn suffered extreme birth injuries and died during the labor and delivery process. The 18-year-old mother went to the hospital earlier this month, just one week shy of her due date. After an "uneventful pregnancy", the mother and her family looked forward to the arrival of their newest family member. Unfortunately, the turn of events at the hospital would change their lives forever.
Learn why and how you can file an IVC Filter Lawsuit if you have had an Inferior Vena Cava Filter implanted in you or someone you know.
If you receive a letter from the NYC Bureau of Fraud Investigation, it means that you are the target of a Medicaid fraud investigation. How you respond to the letter can mean the difference between an inconvenience and a criminal record.
A Los Angeles doctor is facing a lifetime in prison for her alleged role in the drug overdose deaths of at least three of her patients.
A medical error, made by a physician or other practitioner, can have devastating effects on a patient’s health.
Learn what the current status of lawsuits brought against the prescription drug Xarelto by those who have reported adverse side effects.
Generally, patients are entitled to a copy of their medical records as provided under state and federal law. However, they must usually follow a specific procedure, and there may be exceptions to access.
Individuals are provided with a number of privacy rights, especially concerning their healthcare records. These rights are pursuant to the Health Insurance Portability and Accountability Act (HIPAA) as well as state laws. However, there are a number of situations in which medical records may legally be shared with others.
Learn which common testosterone therapy drugs are causing adverse side effects and what people are doing about it.
Doctors spend many years studying and working to earn their medical license.
The act of bullying has been around for as long as anyone cares to remember.
New testosterone lawsuits are being filed by men claiming to have experienced negative side effects from taking the drug.
On May 8th, Governor Hickenlooper signed House Bill 1267 into law, which concerns the use of medical marijuana while an individual is on probation.
Lawsuits are still being filed against the Bair Hugger Warming Blanket as new medical studies are being performed.
Every year, there are thousands of medical malpractice lawsuits against a small number of doctors. All too often, these lawsuits stem from botched or missed diagnoses of the underlying condition that caused one to seek the doctor’s help in the first place.
In most disability claim cases, the claimant will treat with his or her own doctor. The patient has the full right to choose whichever doctor can best treat the medical problems provided his/her insurance company will pay for the treatment. Usually, the patient will start with a general physician and then see a specialist depending on what type of injury the patient has. The doctors keep records of these treatments which are available to the patient.
There are several advantages to applying for SSDI when you reach 50 that do not apply to younger applicants.
In July of 2015, the Centers for Medicare & Medicaid Services (CMS) published proposed modifications to the Stark Law regulations [Section 1877 of the Social Security Act (the Act) (42 U.S.C. 1395nn)].
As a result of improperly injected flu vaccines, there has been an increase in the number of vaccine injury payouts.
Every day across America, millions of medical procedures take place without incidence. In fact, for the most part, the United States is one of the safest places in the world to have a medical procedure done. However, once in a while, something goes wrong.
Learn what Social Security Disability benefits are and when you can obtain them.
While the vast majority of surgical procedures performed in the United States go smoothly, there are the occasional problems. To those left suffering from the results of those errors, it can leave many questions. One of the most haunting can be whether the doctor knew enough to perform the surgery.
Medical tourism is on the rise for Americans. Many Americans seek the substantial savings they can obtain by getting various medical treatments, bot necessary and elective, performed by doctors in other countries. But, what happens when something goes wrong? Can you sue a foreign doctor for malpractice in an American Court?
Diabetes Drug Actos Linked to Bladder, Prostate, and Pancreatic Cancer Risk; Thousands File Lawsuits
The diabetes drug Actos has been linked to an increased risk of bladder cancer. Takeda Pharmaceuticals, the manufacturer of the drug, has agreed to pay a $2.4 billion settlement to resolve lawsuits alleging that the company hid its knowledge about the link between Actos and bladder cancer from patients. Recent studies have also suggested that Actos may be linked to an increased risk of prostate cancer and pancreatic cancer.
A recent invention out of the University of Toronto has some hospitals fighting against its use, while lawmakers are advocating for it.
Blood thinner still being used even in the face of growing allegations.
Vaccines play a large role in improving public health.
By Karbal & Co.
Prior to the growth of the foreign workforce in the United Arab Emirates at the beginning of the millennium, an employer was only required to pay a few hundred dirhams to obtain a health card for its employees to be treated at medical facilities.
A letter from the NYC Bureau of Fraud Investigation means that you have a potentially serious problem. Do not try to handle this on your own. Consult with an experienced Medicaid fraud lawyer before you meet with the investigators.
In a 6-3 decision, the U.S. Supreme Court ruled in June of 2015 that the core component of President Obama’s health care law that allows the federal government to provide tax subsidies through federal exchanges was valid.
The insurance industry and corporate interests have worked for decades to sell the story of “tort reform,” the idea that “frivolous lawsuits” and the high cost of health care can only be stopped by limiting people's right to sue for damages.
A series of recent infant deaths at a medical center in Florida, and a subsequent investigation of the deaths by CNN, suggests that an increase in infant deaths at one facility may be an indication of medical malpractice.
A new report on studies of acute care facilities highlights several startling ways in which medical professionals may be liable for care they do not provide and things they do not do.
Fluoroquinolone antibiotics that are frequently prescribed for sinus infections or urinary tract infections can cause permanent nerve damage (peripheral neuropathy). The FDA has now acknowledged this and is reviewing warning labels now. Learn about the dangers of the dangerous, common drugs.
Learn why medication errors occur and how to safeguard yourself against prescription drug errors.
Most people are familiar with the term “medical malpractice,” but few understand its meaning or what goes into establishing a viable claim.
By Karbal & Co.
Federal Law no. 10 of 2008 on Medical Liability regulates medical liability in the United Arab Emirates. Article 15 of the Federal Law no. 10 of 2008 establishes the High Committee on Medical Liability (the “Committee”) and it is made up of consultant physicians selected by the Cabinet.
Social media continues to change how we communicate.
On June 26, 2015, the United States Supreme Court held that the Fourteenth Amendment requires all States to license same-sex marriages and to recognize same-sex marriages lawfully performed in other States. See Obergefell v. Hodges, 576 U.S. (2015). At first glance, this landmark decision appears far removed from the day-to-day care provided in Ohio’s hospitals. But it is not.
The Social Security Administration utilizes a five-step sequential process in which the administration determines whether a claimant meets the definition for being disabled. The steps are followed in the exact order. If a decision is made at any step, the other steps remain uncompleted. However, if the Social Security Administration is unable to make a determination, representatives continue to the next step.
Section 1877 of the Social Security Act, also known as the “Stark Law” (42 U.S.C. § 1395nn), has been expanded and amended on several occasions by Congress since its original enactment in 1989.
If you have been seriously injured or have developed an illness that keeps you from working, contact a Social Security Disability Lawyer for help.
After a lengthy battle in court, Japanese drug manufacturer Takeda Pharmaceutical Company has agreed to pay out a record $2.37 billion to resolve claims that the company failed to warn users about cancer risks associated with one of their most popular drugs.
Multiple sclerosis (MS) is a neurological condition with a complicated set of symptoms.
Reliable information about the quality of care that hospitals provide to patients should be available to the public.
Senators Edward J. Markey (D-MA) and Barbara Boxer (D-CA) recently focused their attention on the 1986 law created to protect students, teachers, and employees in the United States from asbestos exposure.
Anyone in need of social security disability benefits knows that money can be an enormous concern when you cannot work. Thus, you may be reluctant to hire an attorney to pursue a claim for social security. Still, there may be both costs and benefits associated with hiring a social security attorney, and you should know what they are before making up your mind.
Order of the MOH No 242 of 24.04.2015 approving new Regulations on utilization and disposal of medicinal products was published on the web-page of Verkhovna Rada of Ukraine.
Recently in Washington, D.C., sponsoring Senators Edward Markey and Dick Durbin introduced the Reducing Exposure to Asbestos Database (READ) Act to revise the Asbestos Information Act of 1988.
According to the United States Supreme Court, the two- year and six- month time limits in 28 U.S.C.§ 2401(b) of the Federal Tort Claims Act (FTCA) "are just time limits, nothing more. Even though they govern litigation against the Government, a court can toll them on equitable grounds."
By DiTomaso Law
Brain injured patients are not benefiting from the newest cognitive neuroscience therapies available, according to scientists in an issue of Current Opinion in Behavioral Sciences.
When we are ill or hurt and seeking quality care, we expect the best health care services from our doctor or hospital.
When obstetric teams communicate well and follow established protocols, incidents of medical error and birth injuries are preventable.
An individual need not sustain physical injury in order to have suffered harm in the eyes of the law.
Pemetrexed is the only medication that has been approved by the FDA for the treatment of pleural mesothelioma. Since it was approved in 2004, pemetrexed combined with cisplatin has become standard treatment for mesothelioma patients.
Oral chemotherapy drugs have become a popular alternative to IV chemotherapy treatments for many cancer patients.
Liberalisation of the Insurance Industry in the Democratic of Congo is now a fact. The new Insurance Law of the Democratic Republic of Congo of 17th March 2015, replace legislation that goes back to the immediate post-independence period of the 1960s.
The decision to end a pregnancy is rarely an easy one. Social issues, health concerns, or a wide array of other factors may be the reason for terminating the pregnancy, but the consequences can be devastating. Making matters worse, legal considerations have so deeply muddied the waters on a woman's right to choose that it is not always clear when one can have an abortion.
Any trip to the doctor can be scary, but more so when one faces a medical emergency. Still, most people place an enormous amount of trust in their medical professionals, whether doctors, nurses, or other medical staff. Unfortunately, despite that trust, every year thousands of medical mistakes occur. When they do, the consequences can range from nothing happening to the death of a patient.
Recently, a survey was conducted by the West Health Institute with the goal of drawing attention to the pervasive and deadly problem of medical errors and to discuss possible solutions.
Physicians entering into employment with a private medical practice, non-profit hospital, or for-profit hospital, are often required by these employers to sign a written employment agreement or employment contract that outlines the conditions of their business relationship.
Damage to the delicate infant brain can have devastating effects on the life of the baby, as well as the lives of those who love and will care for the child throughout their life.
According to the New Jersey State Commission on Investigation, an epidemic of opiate addiction is sweeping the country.
Hospitals are big business today, with many actively competing for patients.
For a doctor or other practicing health care professional, a complaint that leads to an investigation by the State Board of Medicine can be devastating to your professional career, as well as your personal and financial well being.
The issue of data protection becomes paramount. In the context of e-Health, it is critical that users are always given the option to users to refuse processing. If an app processes personal data, something quite common in most e-Health apps, it will also have to comply with the more stringent requirements of the Data Protection Directive.
Most people are familiar with the concept of a criminal commitment (i.e. a prison or jail sentence). But not everyone has heard of the concept of an involuntary civil commitment. So, what is this, how does it fit into the American legal structure, and when is it used?
Manufacturers failed to take immediate steps to resolve issue of metal particles found in Children’s Tylenol medicine.
On 06 February 2014, Turkish Parliament has enacted a 6518 Omnibus Bill, gazetted February 19th 2014, which adjoins a provision to article 3 of the Law No 4734 Public Procurement Law (“Law”) stipulating that purchase of goods and services provided to ensure innovation, local production and technology transfer under offset/industrial participation programs are not subject to Law No 4734.
Reasons why retirees should wait until their full retirement to receive Social Security Benefits.
Fake wine is nothing new in China. Even though the economic incentives for going after counterfeiters have never been greater, the fakes are still out there. But there are two things to keep in mind.
While every disability law firm handles cases slightly differently, there are many similarities between the firms. Here is an overview of how a disability attorney handles Social Security claims.
Many Americans today suffer from some sort of chronic illness.
Government adopted the Regulation of the CMU on establishment of unlimited re-registration and simplification of some medicinal products registration.
Healthcare services are in strong demand in China due to its rapid economic growth and increasing people’s wealth in the last decades. However, it is only recently that foreign investors can establish wholly foreign owned hospitals in China and still in only a very small number of hospitals in China.
It is estimated that there are 200,000 pulmonary embolisms (PE) deaths every year in the United States related to deep vein thrombosis (DVT.)
Very simply, in Pennsylvania doctors do not have to treat patients who refuse vaccinations for themselves or their children.
Living in a country that is known for its wealth, advanced technology, and some of the best healthcare in the free world, U.S. citizens do not typically worry that they may not survive a hospital stay.
Many patients with chronic illnesses such as high blood pressure or diabetes enjoy the conveniences of automatic prescription refill programs which helps them efficiently manage their medications.
U.S. gynecologists had been routinely using a medical device called a laparoscopic power morcellator in hysterectomies and fibroid removal procedures for years when the U.S. Food & Drug Administration began warning doctors of serious risks associated with this device last April, 2014.
Starting a new business in Ukraine appeals to foreigners, as it provides a real opportunity for significant profits from trade at the pharmaceutical market. This niche of the market shows permanently existent and growing demand for different medical drugs along with various supplements and accompanying personal care products.
If a consumer is injured by a defective product, he or she may have a variety of avenues available to protect him or her.
Surgeons perform over 600,000 hysterectomies each year in the United States. One of the most common medical devices used during this procedure is a power morcellator, a surgical tool used to slice through bodily tissue.
As hospitals and medical facilities race to meet the federal mandate for implementation of electronic medical records this year, human error and technological growing pains are putting patients at an increased risk for potential injury and death.
Diagnostic errors affect approximately one in every 20 Americans, and have the potential to cause serious harm to six million individuals each year, according to a recently published study in the journal BMJ Quality & Safety.
In 2015, all hospitals and doctors’ offices will be required by federal law to keep electronic medical records. Many facilities have already begun the process of digitizing records.
When undergoing a surgery or other medical procedure, you have the right to expect that mistakes will not be made that will cause you injury. You trust your surgeon to have a level of skill and experience in their field that should enable them to perform their duties without error. Sadly, however, mistakes do happen, and often these mistakes cause lasting harm to the patient who entrusted the doctor with their care.
The FDA has warned that antibiotic drugs known as fluoroquinolones may increase the risk of serious nerve damage known as peripheral neuropathy. Nerve damage in the arms or legs resulting from peripheral neuropathy can occur just a few days after beginning treatment with FQ antibiotics such as Levaquin, Cipro, or Avelox, and may be permanent.
No one sets sail on a vacation cruise expecting to sustain a serious injury or illness. But passengers who do require medical treatment expect that the care they receive will be delivered according to the recognized standard of care. When they are harmed by medical negligence, they may have available the legal right to hold those responsible accountable.
According to a recent study reported in the Journal of Patient Safety, approximately 400,000 preventable deaths occur each year in hospitals across the country.
Certain types of repetitive work activities can either cause, or aggravate symptoms in areas of the body, including the knees, arms, shoulders, back and neck. The types of activities and jobs are virtually unlimited, and can be the subject of considerable litigation.
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.
Confidentiality clauses in lawsuit settlement agreements have become more common over the years, but secrecy in settlements can be harmful for injured plaintiffs and for the public.
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 Kentucky woman whose son was diagnosed with spastic quadriplegic cerebral palsy has been awarded an $18.3 million settlement by a jury.