Health Care and Social Law Articles

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

3.6% COLA for Social Security Recipients

People on Social Security will be receiving a cost-of-living adjustment for the first time since 2009 when 2012 rolls around.

Who Should I Choose as My Health Care Agents?

Your health care agents make health care decisions on your behalf if you are unable to provide informed consent at the time and have not already done so.

Seniors on Social Security to Get Boost

One of the reasons why retirement planning attorneys always emphasize how important it is to make preparations for the future is because they understand the fallout that results from a lack of long-term planning.

Cuts by “Super Committee” Could Impact Elder Americans

Most people are well aware of the fact that the subject that is consuming the lawmakers in Washington is the federal debt.

Medicaid Planning Terms

Medicaid is a joint federal and state, need-based program that is often needed by senior citizens to pay for the catastrophic costs of nursing home expenses.

Reasons for Special Needs Trust

A special needs trust is an estate planning tool used to allow assets to be held in trust for the benefit of a physically or mentally challenged individual, or a person with a chronic or acquired illness. We outline four reasons to consider creating a special needs trust.

Las Vegas Personal Injury Lawyers Warn Against Allergic Drug Reaction

Las Vegas personal injury lawyers warn consumers about checking with physicians about the possibility of having an allergic reaction to certain medications. Although many physicians inquire about medical allergies before administering medical attention, sometimes these instructions may fall by the wayside and can have devastating consequences.

Finding a Doctor Just Got Easier

The new Patients’ Right to Know Act, which became law earlier this year, restored consumers’ right to access this information. The Illinois Department of Financial and Professional Regulation (IDFPR) recently launched a website which contains profiles of physicians currently licensed in Illinois.

Complications from Defective Drugs Can Be Severe

Defective drugs can have many complications, some of which can be severe to deadly.

End of Life Decisions in Ontario, Canada – Do Doctors Have the Right to Decide?

As Shia Muslims, Mr. Rasouli’s family believed that as long as a person was alive everything should be done to prevent death. Accordingly, they opposed the doctors’ plan to withdraw the mechanical ventilation. This case was first heard by Madam Justice Himel of the Ontario Superior Court of Justice. It was appealed to the Ontario Court of Appeal. Now leave is being sought to have the matter heard by the Supreme Court of Canada. Thus far, the courts have sided with Mr. Rasouli’s family.

On Social Security? Expect 3.6% COLA

Americans who are relying on Social Security too heavily can find it difficult to get by, especially given the ever-increasing costs that they face. The law does allow for regular cost-of-living adjustments that are tied to the rate of inflation on a yearly basis.

Keep Long-Term Care Costs in Mind

Unfortunately too many people don't take retirement planning seriously enough, and as a result a significant percentage of Americans are not prepared.

Malpractice Cases in Turkey

This article explains the general trend of malpractice cases in Turkey. This study had been review in the light of recent amendments in legislation related to Turkish Law.

Assisting with Long Term Care? Is a Caregiver Contract Right for You?

In many cases, family members help their loved ones with their long term care needs. This may be a better option than bringing in a stranger.

Illinois Doctor Database Passed Under Overturned Medical MalPractice Law is Reinstituted

Last year, Illinois lawmakers passed a comprehensive medical care reform bill that imposed a cap in medical malpractice cases.

Regulatory Compliance for a Medical Practice

In this article, I give you a quick overview of the major regulatory compliance areas for physicians and medical practices, namely: Referral Laws -- Anti-Kickback and Stark Self-Referrals; Billing Medicare and Other Payers; HIPAA; and Supervision of Staff.

Adjustment of the Standard of Social Security Payment - China

Shanghai Human Resources and Social Security Bureau issued the New Standard of Social Security Payment in Shanghai (the “New Standard”) on March 31, 2011. The New Standard has come into effect on April 1, 2011 and will expire on March 31, 2012.

Takeda Seeks Approval of New Actos Combination Drug, Even as It Faces Actos Bladder Cancer Lawsuits

The manufacturer of Actos is seeking approval for a new drug that combines Actos with another diabetes medication. The manufacturer is still facing lawsuits alleging that Actos caused bladder cancer.

Could Supreme Court Decision Jeopardize Medical Care for Accident Victims?

The Supreme Court is currently grappling with issues raised by a temporary injunction granted to hospitals and patients after California cut Medicaid patient fees in 2008 and 2009. The result of the Supreme Court’s decision could have a significant impact on patients who depend upon Medicaid to cover some portion of their personal injury-related expenses after an accident, explains an attorney.

Were Lap Band Recipients Subject to Attorney Advertising Violations?

Twenty-one-year old California resident Jessica Bleaman's problems weren't over after she had to undergo a second surgery due to personally injurious complications from a gastric band procedure she underwent with a clinic found through a 1-800-GET-THIN ad. Bleaman also found herself facing collections activities and solicitation from a potentially unethical and dishonest lawyer. This article explores which bar association rules that attorney may have violated.

Diabetic Recovers $19.1 Million for Brain Damage

Twice in October 2007, plaintiff Ronald Campbell, 55, an insulin-dependent type II diabetic, experienced a hypoglycemic (lower than normal level of blood glucose) episode, became nonresponsive, and was taken to Temple University Hospital's emergency room, where his blood sugar was stabilized. One of the instances, on October 11th, was very severe and the attending physician was Michael DeAngelis.

Workplace Injuries at CareAlliance Health Services

CareAlliance Health Services is one of the largest employers in the Charleston area. It has more than 4,500 employees, including those at Roper, Roper North, & Bon Secours St Francis Hospitals, who are entitled to workers' compensation benefits if they suffer an injury at work.

Tips to Help Prepare You for Surgery

It’s important to take some precautionary measures before “going under the knife.” Surgery is complicated enough, and as a patient there are steps you can take to help it go smoothly and help you heal more quickly. It’s also hard not to feel helpless when going into surgery, so following these steps can give you some sense of control.

Questions to Ask When You Are Having Surgery

Fifteen million people undergo surgery in American hospitals each year. Most of these are not emergency surgeries and are therefore considered elective; this means that, since the surgery, is on a non emergency basis, that may be time to consider the necessity and implications of your surgery, as well as the processes involved in the procedure and the recovery.

Diabetes Drugs Complications and Actos

Diabetics have had ongoing issues with different drugs to treat their condition. Most recently, the drug Actos has been linked to bladder cancer and lawsuits are now being filed.

Importing Pharmaceutical Drugs and Medical Devices into Ghana

The article presents an overview of the statutory requirements and guidelines for importing drugs and medical equipments into Ghana. It is intended to serve as a quick reference for companies planning on importing drugs or medical devices into Ghana.

The Basics of Social Security Disability

Social Security Disability benefits are paid to medically disabled individuals who have worked in recent years. More than 60% of disability applications are denied; an attorney is necessary.

Antidepressants and Birth Defects

Birth defects are a concern for every pregnant woman. Some women may have been told to take certain antidepressant medications during their pregnancy, which subsequently caused birth defects in their unborn children.

Have You Suffered from Dental Malpractice?

It is extremely important for people to keep up with their regular dental cleanings and checkups so they can properly maintain good oral health. When a dentist or oral surgeon fails to provide a standard level of care, and as a result seriously injures or kills their patient, then the victim or the surviving family members may qualify for a personal injury claim against the liable party.

Surgical Errors Are a Form of Medical Malpractice

  By Rogan Law
Going under the knife is associated with a number of risks. Unfortunately surgeons and medical staff can make grave errors in the surgical process that can lead to debilitating if not, life-threatening injuries.

Harmed in a Dentist's Office? Did the Dental Assistant Do More Than They Were Allowed to Do?

California law limits the role of Dental Auxiliaries. When "busy" dentists allow their dental assistants to do more than the law permits, patients can sustain serious injuries. In this article, the author explains the role of dental assistants as outlined in the California Dental Practice Act.

Long-Term Painkiller Use Linked to Kidney Cancer

Long-term use of non aspirin anti-inflammatory drugs is associated with an increased risk of renal cell cancer, according to a new study.

Bladder Sling Problems

Bladder Sling Injuries and Problems

Why Has Actos Been Linked to Bladder Cancer?

The diabetes drug Actos has been linked to bladder cancer. Actos acts as a foreign agent that can lead to mutated cells and cause cancerous tumors.

Last Minute Medicaid Planning

While planning for long term care should ideally occur years before entering a nursing home, this is not always possible or even considered until it is too late. The following article, however, outlines several strategies that are available for individuals with "a foot in the door" of a nursing home with respect to their available assets.

What is Complementary and Alternative Medicine?

If you or someone in your family has recently been injured in an accident, your short- and long-term healing plans likely include both traditional and CAM treatment. You are most likely already familiar with traditional treatment and therapies like prescription drugs, physical therapy, occupational therapy, and speech therapy. But this may be for your first introduction to CAM.

Medication Errors Can Lead to Serious Side Effects

Every year, millions of patients suffer serious side effects from medication errors. In certain situations, the victim can pursue damages in a personal injury lawsuit.

Diabetes Drug Actos - Frequently Asked Questions

The diabetes drug Actos has been linked to bladder cancer. These are frequently asked questions regarding the actos-bladder cancer link.

Nurses at Risk for Exposure to Chemo Drugs

Nearly 17 percent of nurses who work in outpatient chemotherapy infusion centers reported being exposed on their skin or eyes to the toxic drugs they deliver, according to a new study.

Trigger Tools May Detect Adverse Events Following Surgery

Patients who suffer pulmonary embolism or deep-vein thrombosis (PE/DVT) within 30 days of an outpatient surgery, and an emergency department visit within 21 days, are most likely to suffer other adverse events, according to a new study.

Life-Threatening Leg Clots Run in Families, Study Shows

Siblings of those who have been hospitalized with potentially lethal blood clots in the legs or pelvis are more likely to also suffer the disorder than those with healthy siblings, according to new research.

Handling Your Power of Attorney for Health Care Affairs

A power of attorney for health care is an extremely important estate planning document. With this tool, you’re able to have a plan in place so that you’re prepared for medical emergencies.

When a Health Care Power of Attorney Works

You need a health care power of attorney. So does your mom, dad, spouse, aunt, uncle, brother, sister, and child (age 18 or older.)

Import Substitution: Adaptation of Foreign Manufacturers of Medicines to the New Ukrainian Reality

Over the last several years the pharmaceutical markets of some countries of the former Soviet Union have witnessed strengthening positions of domestic production of medicines, as well as the general tendency of the imported medicines substitution by the domestically produced pharmaceutical products (so-called “import substitution”).

Native Americans, Diabetes, and Bladder Cancer

The diabetes drug Actos has recently been linked to Bladder Cancer. Some in the Native American community were prescribed Actos, as they have a higher risk of developing diabetes.

Gynecologist’s Errors Prolong Cancer’s Effect in Medical Malpractice Suit

The author discusses how a gynecologist’s errors prolong cancer’s effect in medical malpractice suit.

Scranton Hospital Sued for Medical Malpractice

An article reviewing a case of medical malpractice against Scranton Hospital.

ALS Misdiagnosis Resulted in Inability to Walk in Medical Malpractice Case

Davenport's medical malpractice attorneys argued that McCluskey prematurely and without adequate information diagnosed Davenport with ALS, when the MRIs taken in 2003 demonstrated evidence of damage to the plaintiff's thoracic spine, which McCluskey either ignored or did not consider.

Extending Retirement Date Can Be Wise

There are folks who go through life with the vague belief that they will be retiring when they reach their middle 60s without recognizing the fact that this is not a given. The word “retirement” can sometimes sound like a entitlement and it would certainly be nice to be able to relax and enjoy the latter portion of your life without having to work. But in the end, the word simply defines the decision to step away from your career.

Getting All That You Can from Social Security

Retirement planning lawyers frequently emphasize how vital it is to devise a plan and stick to it if you want to enjoy your retirement years to the fullest.

Diabetes Drug Actos and Bladder Cancer

Actos is a prescription diabetes drug but it has recently been linked to bladder cancer.

Are California’s Limits on Non-Economic Damages Unconstitutional?

Ever since the California Legislature passed the Medical Injury Compensation Reform Act of 1975 (MICRA), plaintiff’s attorneys have been working hard to repeal or amend the law. It is patently unfair to cap a malpractice victim’s non-economic damages, and it gives doctors and healthcare facilities incentive to do a cost benefit analysis on human lives.

FDA Warning Issued for Actos

FDA has issued a warning that there is an increased risk of bladder cancer in certain patients taking Actos. The risk seems to be considerably higher for those that take the drug at higher cumulative doses and for longer periods of time. Although Actos continues to remain on the shelves of drug stores in the United States, the drug is under a long-term observational study by the FDA. France and Germany have suspended the drug, due to the mounting concerns for its citizens.

Online Nursing Home Ratings

Finding the right nursing home for a loved one can be overwhelming. How can you determine if the standards of care meet your loved one’s needs?

When Can You Sue a Hospital in Michigan for Medical Malpractice?

According to the Institute of Medicine, up to 98,000 people die in hospitals in the United States every year as a result of medical errors that could have been prevented.

What to Expect from Elective Surgery for Your Children

Elective surgery may imply that this type of surgery is optional, but that’s not always the case. An elective procedure is a surgery of choice, one that is planned in advance, rather than one that's done in an emergency situation. Most surgeries are elective.

Injured in Georgia - Medicaid Basics

In the event you become disabled due to an accident or an injury, there are programs available to help pay for medical care. Medicaid is one such program.

The 4 Healthcare Directives You Need Now

Healthcare directives allow you to remain in control of your health care decisions.They are an essential part of your estate plan.Below are the legal documents that comprise healthcare directives.

FDA Approves Boostrix to Prevent Tetanus, Diphtheria, And Pertussis In Older People

The U.S. Food and Drug Administration has approved Boostrix vaccine to prevent tetanus, diphtheria, and pertussis in people ages 65 and older.

The Judiciary’s Role in Shaping SSA

Social Security was created by FDR in 1935 as a part of the New Deal plan. This program was created to assist aging workers in the post-depression era economy.

Malpractice Reform

Malpractice Reform Legislation Has Passed The House

Anemia Drug & Kidney Failure: Dangerous Prescription Drug Claim in IL

A dangerous prescription drug claim in Illinois may be filed if an anemia drug caused kidney failure.

Unsanitary Hospitals: Medical Malpractice in an Illinois Hospital

Medical malpractice in an Illinois hospital may be pursued as a claim against the offending institution if unsanitary hospital conditions led to sickness or injuries.

Many Patients at Risk for Sleep Apnea, but Few Are Sent for Testing

A new study reveals that 40 to 50 percent of people are at high risk for obstructive sleep apnea but fewer are sent for testing because they don’t mention it to their doctors and doctors don’t always screen for it.

Gift Giving, Medicaid, and the Estate Tax

A lot is said about the complexities of estate planning, but in the end it is a relatively simple matter.

The Elderly and Dangerous Medication Mishaps

When it comes to medication and the elderly, it is not uncommon for dangerous mishaps to occur.

New Draft Guidelines for Endoscopy to Avoid Medical Malpractice

The advancement of commonly used endoscopic procedures for the last 10 years gave way to better therapeutic and diagnostic benefits for patients, but these complex reusable devices also became more difficult to clean and disinfect.

Social Security Benefits for Divorced Spouse

According to federal law, a divorced spouse can claim social security benefits on the basis of your work records. However, those benefits will have no impact on the benefits available to you or your existing spouse.

Commonly Misdiagnosed Illnesses

Commonly misdiagnosed illnesses include Lupus, Lyme Disease, Fibromyalgia, Multiple Sclerosis and Celiac's Disease. Many of these conditions carry somewhat similar symptoms.

Unnecessary Surgery

Over utilization of surgeries such as Knee Arthroscopy, Stent Placement, Hysterectomy and Spinal Fusion.

Wrong Site Surgery

Wrong site surgery continues to be a perplexing problem in many hospitals.

Emergent C-Sections Require Full Participation of the Health Care Team

Emergent c-sections are most often called for when the fetal heart rate (FHR) drops down to 60 beats per minute. The American College of Obstetricians and Gynecologists and also the American Academy of Pediatrics have established guidelines that call for the hospital to be able to begin the c-section within 30 minutes of the decision being made to operate.

Medical Record Review - Medical Records Have Gone Electronic

Medical records have now gone electronic. Although only a small percentage of U.S. hospitals have qualified for incentive payments from the federal government for using electronic medical records, this certainly is the trend into the future.

Shoulder Dystocia Causes Brachial Plexus

Shoulder dystocia Is the probable cause of most serious brachial plexus injuries. Shoulder dystocia is variously defined. The American College of Obstetricians and Gynecologists defines it as a delivery that calls for additional obstetric maneuvers following the failure of gentle downward traction on the fetal head to accomplish delivery of the shoulders.

Hospital Acquired Infections are Highly Preventable

Hospital acquired infections can be controlled. Three types of hospital acquired infections that can cause devastating injury, yet are clearly preventable are the following:

FDA Says Breast Implants Safe, But Won’t Last a Lifetime  

Silicone gel breast implants are safe, says the U.S. Food and Drug Administration, but they are not lifetime devices, with 20 to 50 percent of recipients requiring replacement within 10 years.

2010 Long Term Care Study Raises Concerns

Estate planning is part of the broader field of elder law, which invariably includes retirement and incapacity planning. All of these things are connected, and to put it bluntly, you can't pass along what you don't have. So the expenses that you incur during the years that precede your death are going to impact your estate quite profoundly unless your wealth is truly extraordinary.

Special Needs Children

Leaving money to a special needs child through an outright inheritance can disqualify them for government benefits that they may need for their care. In fact, an inheritance of as little as $2,000 could have serious consequences for them and cause them an interruption in any public benefits they may be receiving.

Have You Executed Your Advanced Directives?

Estate planning is typically thought of as a purely financial endeavor, and it is true that preparation of assets for eventual distribution to your loved ones after your passing is central to the exercise.

Comprehensive Planning Includes Advanced Health Care Directives

Estate planning centers around the preparation of assets for distribution to your loved ones after your passing. However, if you want to be comprehensively prepared for any and all contingencies that may arise there are some other things to take into consideration as well. One of these is the possibility of falling into an incapacitated state that renders you incapable of making medical decisions for yourself.

Doppler Ultrasound Spots Milk Allergy in Babies

Doppler ultrasound can help determine if a baby is allergic to cow’s milk based on the thickness and blood-vessel density in the bowel wall, a team of Brazilian researchers has found.

Work Permits for Foreigners in Turkey

This article aims to explain basic principles governing the acquisition of work permit for foreigners in Turkey. The article is committed to clarify relevant issues with questions and answers.

New Tax Law

When a person dies, federal estate tax may be due. These are taxes that are due when the assets are passed to another person. Most people refer to this tax as the “death tax.” You may be aware that there are new laws regarding this tax. It is important to stay on top of the new tax law so that you know how you may be affected. Will you have to pay estate taxes?

Arkansas Intestacy Laws

If you don’t have a will, the state of Arkansas has one for you. Here is what happens to your assets under Arkansas intestacy laws.

What is an Irrevocable Life Insurance Trust

The Irrevocable Life Insurance Trust (ILIT) is typically used to get the value and proceeds of an insurance policy out of an estate so they’re not taxed for federal estate tax purposes. The use of ILITs is not complicated, but there are some administrative hoops to jump through. Your estate planning attorney can do much of the jumping through hoops on your behalf.

Long-Term Care Insurance - Be Careful of Unscrupulous Agents and Policies Targeting Senior Citizens

Protecting Yourself from Unscrupulous Long Term Care Insurance Practices and Policies - Unscrupulous agents target seniors for improper long-term care. Be careful of long-term facilities that do not meet your needs or are misrepresented.

Three Things a Living Trust Can Accomplish

A trust is a powerful estate planning tool, and there are three important things a living trust can do for your estate plan.

How Do You Know if Your Parent Needs Long-Term Care?

When you hear the term “long-term care”, it’s easy for your mind to automatically jump to the image of a nursing home, but this isn’t necessarily accurate

Judging the Judgments: Collecting Compensation and Problems you may encounter

The first and foremost thing that one must not do when suing is to get blinded by the potential amount of compensation that he may receive when “all is said and done” in the court. In personal injury, employment, and social security matters, it is important to consider not only the figures which one may receive as final indemnification to the damage, but also the ability of the defendant to pay it once you win the case.

When Medical Malpractice Leads to an Emergency Room Error

An emergency room error could lead to a medical negligence claim in Illinois.

A Close Look at Serious Malpractice in a Hospital

Injuries that result from malpractice in a hospital in Illinois could lead you to file a claim.

Even Minor Pharmacy Errors, Pose Substantial Threat to Safety of Children

While prescription drugs may be an invaluable tools in the practice of medicine-- and can be used to treat numerous illnesses and diseases-- prescription errors can cause serious injury and death. About 1.5 million preventable adverse drug events occur every year in the U.S.

Analyzing the Disadvantages of Filing a Lawsuit over a Settlement

Today’s propensity of various Hollywood films to depict courtroom drama is like a contagious disease in the mental disposition of many Americans. Not only that, but it also gives a certain level of a romanticized view of how courtroom cases are tried, hence a woefully wrong viewpoint of things being imbibed to the typical American citizen, especially in a simple matter of cases such as personal injury, employment, or even social security.

Hospital Ratings Miss Many High Performers, Study Says

Are the nation’s best hospitals really better than all the rest?

Items to Put with Your Will

When you create an estate plan, one of the most important things that you could do is to ensure that all of your documents are in order and easily accessible when it comes time that they are needed by your loved ones.

What You Need to Know about the Dangers of Gastric Bypass Surgery

You should know about the dangers of gastric bypass surgery.

A Look at SSI Disability Determination

Supplemental Security Income SSI disability determination depends on your needs.

Reviewing Eligibility Requirements for Social Security Disability

Eligibility for Supplemental Security Income or SSI for disabled adults and children is not difficult to attain as long as the requirements are met. The SSI is meant to support those who cannot supply themselves of income because of the hindrances of their disabilities like inability to walk, blindness, deafness, muteness, or even diseases like H.I.V.

Florida Gun Law Would Hinder Doctors’ Efforts to Protect Children

The American Academy of Pediatrics joins the Florida Pediatric Society and other physicians and medical professionals in expressing concern over legislation that would restrict pediatricians’ ability to ask patients and parents questions about gun safety.

Sustainability of Senior Entitlement Outlays

One of the most amazing demographic realities of our time is the rapid aging of the United States population. The baby boomer generation is reaching retirement age, and as a result senior citizens are the fastest growing age group. This is more than just a statistical oddity that is interesting to mention. It also has practical implications that are very relevant to anyone who is engaged in retirement planning.

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