Health Care and Social Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Health Care and Social.
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 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.
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.
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.
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 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.
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.
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.
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.
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.
How to get Social Security Benefits and the Application Process to do so
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.
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.
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.
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.
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.
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.
Pregnancy and childbirth complications are on the rise in the US.
30 Percent of all Birth Injuries Are Preventable.
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.
Cerebral palsy is one of the most serious birth injuries that can affect children and families.
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.
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.
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.
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.
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.
Social Security disability benefits are available to individuals who suffer long-term disabilities, including physical and mental health impairments. However, it is often more difficult to obtain benefits based on a mental health impairment. Being aware of this challenge can help claimants have a more realistic idea of the process ahead.
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?
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.
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.
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
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.
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.
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.
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 Federal government created both Medicaid and Medicare to assist some Americans with the high cost of health care
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.
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.
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.
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.
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?
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.
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.
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.
If you or someone you love has been seriously injured because of the negligence of a nurse, doctor, or hospital, you may be wondering if you meet the thresholds for filing a medical malpractice lawsuit. This article will explain what thresholds are necessary to file a successful medical malpractice claim and how leading medical malpractice attorney Dr. Bruce Fagel proceeds with a medical malpractice lawsuit.
The New England Compounding Center, has recalled more than 17,000 doses of contaminated steroid injections and experts worry that as many as 14,000 patients could be at risk of contracting meningitis. As of this week, the deadly fungal meningitis outbreak has spread to 15 states, including Ohio. It has already infected 230 victims and killed at least 15 people.
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.
A new regulation has been published on Official Gazette dated 14 October 2012 that contains a number of changes have been made on Regulation on Promotion of Medicinal Products For Human Use to ensure that the companies promoting a medicinal product is monitored by the Ministry of Health in wide range of their promotion activities. The main changes to the regulation include:
Applicants for SSI disability or SSDI disability benefits go through a sequential evaluation process. Clearer and more serious impediments are handled more quickly, including a special route for terminal claims. There are also multiple appeals that claimants are provided throughout the process.
Anesthesia mistakes happen with major operations as well as with common elective procedures. An anesthesia error can cause severe permanent brain damage or death to a patient. Anesthesia errors happen every day in hospitals, doctor’s offices, and surgical centers. Anesthetists and Anesthesiologists play a vital role in surgeries.
The U.S. Centers for Disease Control estimate that as many as 13,000 people may have been injected with the defective drug, leaving open the possibility that the number of people infected with fungal meningitis will increase well beyond the currently known cases.
Victoza is a prescription medication that helps lower blood sugar levels in adults with type 2 diabetes, otherwise known as adult onset diabetes. The drug is manufactured by Novo Nordisk, and it was approved by the Food & Drug Administration (FDA) in January of 2010. It functions by helping the body make more insulin and control glucose levels.
For many elderly Americans, the golden years are fraught with concerns over money instead of spent sitting on the front porch sipping iced tea. Social Security does not provide the average retiree enough income to live on comfortably. Employer sponsored pensions and retirement accounts are virtually unheard of anymore.
This month, both former directors of the mental health care company American Therapeutic Corporation (ATC), Dr. Mark Willner and Dr. Alberto Ayala, were sentenced yesterday to 10 years in prison for participating in a $205 million Medicare fraud scheme.
Common Types of Hospital Negligence: One common type of hospital negligence is when a patient becomes the victim of a surgical mistake. Mistakes can be the result of miscommunication, fatigue, inattention, or even rushing through a surgical procedure.
People considering a gastric bypass procedure need to understand that gastric bypass surgery is major abdominal surgery and with all surgeries comes risk of serious injury or even death. Gastric bypass surgery modifies a patient’s digestive system reducing the amount of food a patient can eat.
Kernicterus is a neurological condition that happens to a newborn with severe jaundice. It involves a high level of bilirubin, a substance created from the breakdown by the liver of old red blood cells that leaves the blood and builds up in the brain tissues. When the bilirubin enters the brain tissues, it causes permanent brain damage to the infant.
High risk pregnancies include premature delivery, multiple births, pregnancy induced hypertension (PIH), preeclampsia, vaginal birth after cesarean (VBAC), older women who are pregnant, a large infant, and other factors. Even though a woman may be in a high risk category, this does not excuse a doctor or medical professional for negligence.
The Food and Drug Administration (FDA) recently issued a class I recall of two drugs manufactured by Fresenius Medical Care (FMC) for use during hemodialysis procedures. The German-based healthcare company is responsible for treating more than a third of the 400,000 dialysis patients in America. The two drugs, GranuFlo and NaturaLyte, are acid concentrate formulas that provide dialysis clinics an alternative to the handling and storage of large acid drums.
By July 2012, Bayer Pharmaceuticals had spent over $400 million to settle claims that its ‘wonder drug’ Yasmin-line of birth control is actually a very dangerous drug. In 2011, Yasmin was the 4th most-prescribed oral contraceptive in the United States and brought in $1.1 billion in sales for Bayer.
This Q&A guide gives a high level overview of key issues including pricing and state funding, manufacturing, marketing, clinical trials, advertising, labelling, patents, trade marks, and product liability. This article was first published in the PLC Multi-jurisdictional guide to Life Sciences 2011 and is reproduced with the permission of the publisher, Practical Law Company.