Health Care and Social Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Health Care and Social.
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.
Hospitals are big business today, with many actively competing for patients.
According to the New Jersey State Commission on Investigation, an epidemic of opiate addiction is sweeping the country.
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.
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.
Reasons why retirees should wait until their full retirement to receive Social Security Benefits.
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.
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.
Government adopted the Regulation of the CMU on establishment of unlimited re-registration and simplification of some medicinal products registration.
Very simply, in Pennsylvania doctors do not have to treat patients who refuse vaccinations for themselves or their children.
It is estimated that there are 200,000 pulmonary embolisms (PE) deaths every year in the United States related to deep vein thrombosis (DVT.)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.