Health Care and Social Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Health Care and Social.




Concerning Legal Responsibilities of the Head of a Representative Office of a Foreign Company - Ukraine

According to the Article 1 of the Law of Ukraine “On Foreign Economic Activities”, a representative of the foreign subject of business activity can be considered an institution or a person representing interests of a foreign subject of business activity in Ukraine that has properly registered respective authorities.

Distribution of Printed Drug Promo Materials among Doctors: Requirements and Limitations - Ukraine

Advertising is information about the entity or goods distributed in any form and in any manner in order to form or maintain knowledge of consumers of advertising and their interest with respect to such entity or goods[1].

New York Tort Deform as it Relates to the Rights of Injured Children

In a callous political move, Governor Cuomo dealt a significant blow to the rights of brain damaged children to help offset the State’s budget shortfall.

The Doubling Growth Defense in Cancer Misdiagnosis Cases

The doubling growth defense in cancer misdiagnosis cases is frequently misplaced and flawed. What this defense consists of is the contention that cancer cells grow exponentially in a predictable and orderly fashion, i.e. in effect doubling in size over time.

Patients Placed in Danger as a Result of Alarm Fatigue

The term “alarm fatigue,” which is generally attributed to the increased use of monitors, is distracting and numbing hospital personnel with deadly outcomes.

A Bill Before the Oregon Legislature Could Give Whistleblower Protections to Non-nursing Hospital Personnel

A recent bill before Oregon’s state Senate might provide non-nursing hospital personnel workplace protection when they report patient care practices, procedures, or policies that endanger patient safety.

Pharmaceutical Trade Names: Sponsorship on TV - Ukraine

TV commercials are the best way to promote mass-consumption products, including pharmaceutical products. The main advantage of TV commercials is their broad coverage, as television is considered to be the most widespread mass media. At the same time, TV commercials provide ample opportunities for targeting.

3 Things to Ask Your Medical Malpractice Attorney

There are 3 things you should ask your attorney when pursuing an Illinois medical malpractice claim. For help, call a Chicago medical malpractice attorney.

The Advantages of Getting an Attorney to Handle Your Disability Insurance Claim

Dealing with insurance companies is hardly ever a pleasant experience. This is because to them, you are just a number that represents a negative proposition on their balance sheet if you happened to submit a claim for disability benefits with them.

Podiatric Malpractice

Podiatric malpractice claims tend to be difficult claims because the specialty underwriters that insure these losses hire experienced defense counsel who cover a broad geographic area and therefore have considerable experience.

Chronic Fatigue Syndrome

Chronic fatigue syndrome has long been looked at askance both in the medical and legal establishment. Research now suggests medicine may be moving closer to a determination of the cause of the condition.

Disability Benefits: FAQs on Work, Taxes, and Family Benefits

There are many things that social security disability claimants or beneficiaries should know about, such as how work or taxes may affect the benefits they receive or if their family is also entitled to it.

Checking out the Doc

Checking out the background of a physician can make or break a medical negligence case.

Important Things to Know When Getting Representation for Social Security Claims

All social security benefits claimants have the right to have a representative when going through the process of their application.

A Primer on Applying for Social Security Benefits

For most Americans, whether at retirement, during a disability, or when they have no resources, the benefits given by the Social Security Administration (SSA) will provide a safety net to meet their basic needs. But claiming these benefits under the SSA’s myriad programs isn’t as easy as filling out a form and filing an application.

Disabled Struggling in Down Economy

Trying to land a job is hard enough. Trying to land a job when you suffer from a permanent disability is even harder.

Hospice Fraud in South Carolina and the United States for Whistleblowers, Employees and Lawyers

Hospice fraud is a growing problem in South Carolina and the United States. Medicare and Medicaid fraud in the hospice setting can be the subject of False Claims Act claims by qui tam whistleblowers. The federal False Claims Act, 31 U.S.C. §§ 3729-3732, authorizes false claims suits for fraud against the government, also known as qui tam or whistleblower suits, against their employers on behalf of the United States.

Patient's Right to Consent To Treatment in Ontario - Canada

Moe Maraachli and Sana Nader's recent dispute with a hospital over the fate of their terminally ill child highlights a debate over end of life issues. The author reviews an Ontario case to highlight how Ontario has dealt with the tension of a patient’s right to consent to treatment and a doctor's right to advocate for what he/she feels are in the best interests of the patient.

Frequently Asked Questions about Personal Injury in New York

The authors answer some of the most common questions about Personal Injury, Medical Malpractice, Car Accidents, Premises Liability, Dog Bites, and more.

Breast Cancer Lymph Node Removal

Breast cancer lymph node removal is no longer seen as a given in light of recently reported results from a study showing the survival rate of women with T1 or T2 tumors is no better with those women who underwent lymph node removal versus those who did not.

Spina Bifida Corrective Surgery

Spina bifida corrective surgery has recently produced significant strides in terms of improving overall functionality of babies born with this condition.

Have I been a Victim of Medical Malpractice? - 10 Questions to ask Yourself

If you have suspicions that you or a loved one have been a victim of Medical Malpractice, don't hesitate to seek out help and know your rights.

Fosamax Side Effects

The Food and Drug Administration has continually reported the dangerous side effects of the prescription drug, Fosamax.

What Are the Eligibility Requirements for Social Security Disability Benefits?

In order to meet the needs of millions of disabled Americans, there are 2 federal programs under the U.S. Social Security Administration that are designed to provide disability benefits to injured/disabled workers or individuals with little income and few resources.

Study Shows That Illinois Doctors Are Not Fleeing Illinois, as Some Claim

There have been recent media publications in Chicagoland and other parts of Illinois claiming that, based on a recent study of medical students at Northwestern University School of Medicine, physicians are fleeing the state of Illinois. These claims simply are not supported by the evidence, or even the study itself.

Birth Injury Hazards: The Risks of Oxygen Deprivation

Infants can suffer tremendous harm before they ever leave the delivery room. Despite medical best practices, the latest technologies and a mother's months of preparation, new parents too often find themselves wondering just what may have gone wrong in the delivery room. Seeking answers, they contemplate a life ahead with a child who may have severe physical and developmental limitations.

Fetal Monitor Strips and Obstetrical Malpractice Cases

During labor and delivery, obstetricians, nurses and hospital staff involved in the birth are responsible for taking every reasonable step to ensure that the process goes as smoothly as possible. One of the ways they can do this is by properly monitoring the vital signs of mother and baby during labor and delivery and taking appropriate actions when signs of distress are present. Improper monitoring often leads to serious birth injuries.

Five-time U.S. Chess Champion Dies from Gall Bladder Surgery

Chess grandmaster and author Larry Evans died recently after gall bladder surgery complications. The 78-year-old chess player's career spanned decades and won him accolades from both friends and competitors.

Legal Compliance Checklist for a Medical Corporation

In this Article, the author gives you a legal compliance checklist for your medical corporation.

Should you Incorporate Your Medical Practice?

In this Article, the author answers the question, should you incorporate your medical practice? What are the costs and benefits of forming a medical corporation?

Failure to Diagnose Stroke

Stroke is the 3rd leading cause of death in the U.S. and some deaths might have been prevented with proper diagnosis. Failure to diagnose a stroke may result in a Florida medical malpractice claim.

Failure to Diagnose Heart Attack

As common as a heart attack is in emergency rooms, many times a doctor’s failure to diagnose an attack still happens. This negligence may result in filing a Florida medical malpractice claim.

New Rules in Pharmaceutical Industry

Since 01.09.2009 Russia introduced new rules which will affect almost all companies operating in the national pharmaceutical market, such as: domestic producers of medicines, foreign producers importing medicines into Russia, drugstores, clinical trial centers, state authorities supervising pharmaceutical industry and some others.

Overview of Surgical Errors

Surgical errors occur in many forms, such as operating on the wrong body part, puncturing healthy organs or failing to properly monitor the patient. Such errors could lead to additional medical treatment or surgery, time off from work and pain and suffering.

The Potential Dangers of Vacuum Extraction and Forceps Use

The improper use of forceps or vacuum extraction during birth can cause serious injury to child and mother.

High Risk Pregnancy Complications

The complications and conditions associated with high risk pregnancies should be properly identified and treated to avoid serious injury.

Prozac and Heart Defects in Babies

The antidepressant drug Prozac has been linked to heart defects in babies born to mothers who took the medication while pregnant.

What a Social Security Disability Attorney Can Do for You

Whether it’s your first time to file a social security disability application or appeal the Social Security Administration (SSA)’s adverse decision on your claim, acquiring the services of a social security disability attorney can help your endeavors succeed.

“Safe Harbor” for Doctors, Caps, Health Courts & other Panaceas Are Not the Answer to Rising Health Care Costs

Reform of the medical malpractice laws has been a subject of national debate for many years.

Texas Department of Insurance Adopts New Rule Prohibiting Discretionary Clauses in Texas Insurance Policies

Texas Department of Insurance has banned Discretionary Clauses in Life, Disability, Health, and other policies. Following a National trend, the TDI found that these clauses are unfair and deceptive. The ban goes into effect on policies delivered after February 1, 2011 for Disability policies, and June 1, 2011 for all other policies.

An Overview of Medical Malpractice Claims in California

Everyone relies on a doctor to heal them or make them better if they get sick or injured. But what happens when your physician is unreliable – to the extent that your condition only becomes worse? Simple, through a medical malpractice lawyer in California, you can file a malpractice claim based on personal injury or even wrongful death.

Do No Harm or if a Doctor Does, the Need to Admit to Conduct that Injures

Hippocrates insisted that "The physician must...have two special objects in view with regard to disease, namely, to do good or to do no harm." It is with the faith that their physicians will "do good" or at least "do no harm" that patients seek out medical care.

A Treatment Tragedy: When Medical Negligence Leads to Wrongful Death

When medical negligence leads to the death of a loved one, it can be a shocking event.

New CDC Campaign: One Needle, One Syringe, Only One Time

According to the Center for Disease Control and Prevention (CDC), over 125,000 people in the U.S. have been potentially exposed to HIV and different forms of hepatitis since 1999 due to lapses in infection control practices. Additionally, a 2009 study in the Annals of Internal Medicine noted 33 different outbreaks of viral hepatitis in nonhospital settings over the last decade.

Overview of Decree on Accreditation Agency for the Hospital with International Quality Standards - Indonesia

  By Leks&Co
On 23 August 2010, the Minister of Health has issued the Decree Number 1195/MENKES/SK/VIII/2010 of 2010 on the Accreditation Agency for the Hospital with International Quality Standards.

Excising the Gall Bladder: The Risks of 'Band-Aid' Surgery

Gall bladder surgery is one of the most common surgical procedures performed in hospitals, but is not without its risks.

Birth-Related Brain Injury

Other than the death of a child, few events in life can be as devastating as discovering that your newborn baby has a debilitating and permanent brain injury from birth. Because medical liability cases have short time limits, immediately contacting an attorney who is experienced and skilled in dealing with traumatic birth-related brain injuries is essential.

Low APGAR Score Linked to Cerebral Palsy

A recent study published in the British Medical Journal (BMJ) reports that low APGAR scores may be an indicator of cerebral palsy birth injury.

Immigrants and Health Care in New York Hospitals

The hospital experience is being transformed into one that takes into account an individual's cultural needs, including ethnicity, race and even religion.

Information about Depakote

Bringing a baby into the world is an amazing and life changing experience. This experience is something that will never be forgotten, and we all want it to be memories of love and happiness. Sadly though this is not always the case, sometimes families have to face the dreaded reality that the baby has birth defects, and in the worse cases, the baby does not live.

Shift From Paper to Electronic Medical Records: Cause for Concern?

From banking and managing finances to shopping and ordering pizza, almost everything these days is done electronically. Not every sector of society has been quick to embrace the electronic age, however. The medical community has remained behind the digital curve.

Man Receives Millions for Misdiagnosis

Becoming ill may be a bad dream in-and-of itself, but being misdiagnosed, only to have the illness exacerbate tenfold before an accurate diagnosis can be rendered, is a nightmare. We put our trust in doctors and hospitals, assuming that they will take all precautions necessary to ensure a proper diagnosis. When those precautions are not taken, though, results can mean a lifetime of pain or suffering for the victim.

DePuy Hip Replacement Lawsuits

DePuy Orthopaedics, a division of the well-known Johnson & Johnson Company, has issued a recall of its ASR hip replacement and implant systems. The ASR Hip Resurfacing System and ASR XL Acetabular Hip System are both part of this hip replacement recall.

The Depuy Recall

On August 24,2010 a volunteer hip replacement recall was issued by Depuy Orthopedics, a division of Johnson and Johnson. The ASR XL Acetabular metal-on-metal hip replacement system has shown to have a 13% failure rate within the first 5 years.

Conclusions from Urological Medical Malpractice Studies - Canada

An analysis and report of the findings of retrospective academic studies of medical malpractice claims in urology with a focus on the implications for their cause and frequency.

When Children Become Victims of Medical Malpractice

The Institute of Medicine of the National Academy of Sciences estimates that 90,000 people lose their lives each year due to medical errors. What if your child was one of them?

Out of Network Provider Payment and Balance Billing under the Patient Protection and Affordable Care Act

This article discusses how a healthcare provider should be paid for treating a patient who is covered by a health plan that doesn't have a contract with the provider in the context of the Patient Protection and Affordable Care Act (PPACA), the health care reform legislation signed by President Obama in March 2010.

Case Study of the Limitation Period Defense in an Ontario Action

In this case report we examine the effect of actual knowledge of a claim, the existence of a medical expert opinion report and the exercise of due diligence on the limitation period defense in a medical malpractice action in an Ontario case.

Medicaid Myths about Gifts to Family Members in Rhode Island

This article examines one of the Medicaid myths regarding eligibility for nursing home payment in Rhode Island.

Strategies to Fight Silent PPOs

Medical practices are routinely victimized by silent PPOs, but there are strategies available to guard against these predators.

Social Security Disability: Alcohol and Drugs

The author discusses the effect alcohol or drug use can have a claim.

Things You Should Know about Botox

Looking good is often associated with looking young. As such, many people fear growing old because it will make them look ‘uglier’ and not as eye-catching. Now, if you are used to having people admire your looks, than having this kind of attention decrease can be hard to adjust to.

Texas Board of Nursing

The Texas Board of Nursing is one of the most active licensing boards in the state, disciplining hundreds of nurses each year which includes substantial numbers of license revocations.

Fraudulent Medical Billing and the False Claims Act

Although the FCA was first enacted with dishonest defense contractors in mind, the FCA has become an effective weapon to fight healthcare fraud. Categories of facility healthcare fraud often involve allegations of total neglect or no services, worthless services, inadequate and inferior services and products, and aggressive patient treatment. [1]

Best Value and the False Claims Act

Background There are several types of Capital Medical Equipment (“CME”) that are routinely sold to hospitals and healthcare organizations, including Magnetic Resonance Imaging Scanners (“MRI”), Computed Tomography Scanners (“CT Scanners”), and ultrasound equipment. These products represent a major portion of CME purchases that hospitals and healthcare organization make each year.

Pharmaceutical Best Price Obligations and the False Claims Act

Federal law proscribes that drug manufacturers pay rebates to the states to insure that the Medicaid program is receiving the best price on covered drugs. When manufacturers determine the best price, they must include cash discounts, free goods, volume discounts, and rebates given on the covered drug. [1]

Defective Medical Devices and the False Claims Act

Federal and state laws require medical devices shipped and sold in the United States to be safe, effective, and reliable, and to perform as represented and to specifications. Medical device manufacturers are subject to mandatory and stringent controls over product design, manufacture, process changes, rework, specifications, specifications changes, and quality control. [1]

Filing Your Social Security Disability Claim

The author discusses filing a social security disability claim.

Basic Eligibility Requirements for Social Security Claims

For many Americans who have retired, lost a loved one, gotten sick or disabled, or who are living a life of extreme poverty, relief may be attained in the form of social security benefits. Thus, for millions of people in the US, social security claims are a lifeline to a better life.

Proposed Changes to Tennessee Med Mal Laws Will Limit Patient Rights

There are two bills before the Tennessee legislature this term that could impose unfair limits on the rights of injured patients to bring medical malpractice claims against those responsible for harming them.

Proposed Bill May Help Alleviate Medicare Headache

One of the many headaches associated with Medicare may soon be coming to an end. This past March, a bill was proposed in the House of Representatives that would make the process of reimbursing Medicare for health care expenses paid by a secondary source more efficient.

Florida Law Attempts to Reign in Pain Clinics

According to the Centers for Disease Control, overdose deaths from painkillers are rivaling the No. 1 killer, traffic accidents.

New Guidelines Declare Attempted VBAC Safe Choice for Most Women

The American College of Obstetrics and Gynecologists has issued new guidelines declaring attempted vaginal birth after cesarean (VBAC) to be a safe choice for most women who have had a prior cesarean delivery, and even for some women who have had two previous cesareans.

Pilot Program Designed to Cut Medical Malpractice Costs in NYC

According to the Wall Street Journal, $1.4 billion is spent annually in the state of New York on medical malpractice insurance premiums alone. Five New York City hospitals have agreed to a pilot program aimed at cutting medical malpractice costs.

Texas Medical Association Sues Board of Chiropractic Examiners

The Texas Medical Association (TMA) has filed a lawsuit against the Texas Board of Chiropractic Examiners (TBCE) seeking a court order to prevent chiropractors from performing certain medical acts.

Informed Consent Sparks Heated Debate

This past January, the Connecticut State Board of Health and Board of Chiropractic Examiners held a series of public hearings on whether there is a need to mandate that chiropractors warn their patients of the risk of stroke prior to performing certain spinal manipulations.

Personal injury: An Overview of Medical Malpractice

Medical malpractice is one of the branches of personal injury law. Therefore, patients or family members of people who became victims of this unprofessional conduct may file a lawsuit against the doctor, physician, dentist, pediatricians, nurses, surgeons, therapists or any other medical practitioners who were negligent.

Rise in Medicare Premium in 2010

The Medicare program has announced its 2010 premium and coinsurance rates. Due to an anticipated increase in medical costs, there will be an increase in Medicare-related premiums, although not all recipients will have to pay the new rates.

Study Examining the Effect of Patients Reading Their Doctor’s Notes

The notes a doctor takes during a visit with a patient can be crucial to that person's care and overall level of treatment. These notes can help a doctor review a patient's medical condition, form a diagnosis and share information with others who may participate in that person's care. For some time, the question has been whether patients should, or would even want to, review what their physicians write in those notes.

St. Vincent’s Closure Leaves Medical Malpractice Victims in a Bad Spot

In April 2010, board members for St. Vincent's Manhattan Hospital voted to shut the facility down, leaving many residents on the Lower West Side without a local emergency room. For those with indelible memories of September 11 th, St. Vincent's absence is a scary proposition.

The Overburdened Health Care System in New York

A renowned New York medical institution, the 160-year-old St. Vincent's Medical Center, treated its final patient in April of this year.

VBAC Injuries: Injury to a Baby When the Mother's Uterus Ruptures

VBAC means Vaginal Birth After Cesarean. It is usually safe, but there is one key question every family must ask before agreeing to try VBAC at a particular hospital. If you don't know the answer to this question, and the uterus ruptures, your child can suffer a terrible injury.

Birth-Related Injuries: What Parents Need to Know about Malpractice

What injuries are related to negligence by a doctor or other health care provider during the birthing and newborn time? Here is a quick overview.

What Can Be Done to Reduce Medical Errors?

For many years, hospitals have had a reputation for hiding mistakes. Recently, a few hospitals have started to admit to mistakes, apologizing and attempting to fix what went wrong.

Loss of Chance Damages Resulting from Delayed Diagnosis of Cancer

Loss of chance damages resulting from delayed diagnosis of cancer. A physician who delays diagnosing cancer can dramatically reduce a patient’s chance of recovery and survival. A doctor commits malpractice if his delay diminishes a patient’s chance of survival, even if the patient’s prospect for recovery is less than 50 percent.

Delayed Diagnosis of Skin Cancer

Common Medical Malpractice Delayed Diagnosis Cases: Melanoma

Delayed Diagnosis of Cervical Cancer

Common Medical Malpractice issues: Delayed Cancer Diagnosis Cases: Cervical Cancer

Get the Benefits You Deserve: Social Security Retirement Age and Disability Claims

Social Security Retirement Age and Disability Claims are under different programs implemented by the Social Security Administration.

Taking a Hard Look at the Benefits and Risks of Lasik Eye Surgery: 20/20 Foresight

Riding the Wavefront—An Update on Refractive Surgery Litigation©

What Are the Disability Leave Laws

An employee can’t stay in tiptop shape all the time, sometimes he may get sick or even get involved in an accident that could force him to take time away from work in order to recuperate.

Do I Have to Spend All My Assets to Qualify for Medicaid?

So, let’s say this hypothetical couple with $100,000 can see down the road that the need for long term care is coming. Maybe one of them has Parkinson’s disease or Alzheimer’s. If they give away $50,000 to their kids, how does Medicaid look at that?

Medical Malpractice in Thailand

Introduction: Lawsuits regarding medical malpractice are becoming increasingly frequent in the Thai legal system. As medical tourism increases in popularity, more malpractice suits arise. Thai law protects the interests of injured medical patients via the Commercial and Civil Code’s tort liability for wrongful acts.

Important Things to Know in Disability Hearings

Despite the fact that there is often great need involved, most social security disability benefits claims get denied by the Social Security Administration (SSA).

Care Plans as a Road Map to Liability in Nursing Home Abuse and Neglect Cases - 6 Key Questions

The care plan is the basis for the care which residents in nursing homes receive from the staff. Shortcoming in the development, execution, and evaluation of the care plan can also serve as a basis for liability on the part of the nursing home when a resident suffers injury. We offer 6 questions that we consider with regard to the care plan in determining whether a nursing home can be held liable for injuries sue to abuse and neglect of nursing home residents.

Medical Marijuana on Arizona Ballot?

As in several other states, the medical marijuana debate has taken hold in Arizona, but the legalization of medical marijuana in Arizona will probably not make it on a ballot before the public this year. Even if such an initiative were to pass in the future, medical marijuana will presumably still be highly restricted and may be taxed as a luxury item.

Surgery for Back Injuries Often Fails

Whether these are caused as a result of car accidents or osteoporosis, back injuries are some of the worst injuries that a person can suffer, and also some of the most common ones. These are also some of the most hard-to-treat conditions.

Medication Errors in Nursing Homes

Nursing home residents often take several prescription medications. Errors in administering medications and drug interactions can cause harm to nursing home residents which may be the basis of a nursing home abuse and neglect suit.

Work after Disability

A frequent question from people who have been awarded either a period of disability and disability insurance benefits, or SSI benefits, is what work they can perform after the award and still maintain their eligibility for assistance.

CFS Finally Recognized As 'Medical Impairment' Under Social Security Administration Guidelines

One of the battles often fought by persons with CFS trying to obtain Social Security Disability Insurance and SSI benefits was resolved with the adoption of Social Security Ruling 99-2p. In this binding Ruling the Social Security Administration set out guidelines for adjudicators and judges to follow for claims based upon Chronic Fatigue Syndrome . This Ruling removes at least one of the barriers faced by Claimants.

Social Security Administration issues Ruling for Reflex Sympathetic Dystrophy Syndrome Claims

Persons suffering from Reflex Sympathetic Dystrophy Syndrome (RSDS) or Complex Regional Pain Syndrome who are seeking Social Security Disability benefits received assistance with the issuance of a Social Security Ruling on October 20, 2003.


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