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Questions tagged [medical]

For questions dealing with medical and healthcare law, such as informed consent, malpractice, and prescription or other medicine.

335 questions
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Is the President at the top of all organ waiting lists?

In the United States, people can often wait for years on organ lists before receiving the organ they need. Does the President automatically move to the top of these lists, should they find themselves in need of an organ, or do they have to wait like…
John Doe
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What enforcement exists for medical informed consent?

I'm in the USA, New York. I find nowadays that it's common -- maybe the majority of cases -- in which forms are to be signed for some medically-related purpose, that the system and/or provider actively prevents me from seeing what I'm agreeing to…
Daniel R. Collins
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When Mr. Incredible saved a man from killing himself, is he really liable for damages?

If you're not familiar with The Incredibles, at the start, a man falls off a skyscraper (intending to commit suicide), and Mr. Incredible jumps off another roof-top and catches him, stopping him from dying (but he seemingly suffers a broken neck…
chausies
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Is it legal to purposefully contract COVID-19?

I may have a number of reasons for wanting to intentionally expose myself to the coronavirus. (Examples: I feel more capable of surviving it while I am younger. It reduces my ability to carry and spread the virus once my immune system has…
bandybabboon
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Self incrimination during medical examination

If, during a medical examination, an alleged accused says anything that might incriminate himself, it should be neither recorded nor reported.[emphasis mine] source: Synopsis of forensic medicine and Toxicology by K.S. Narayan Reddy Country:…
JM97
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When will Pfizer et. al. be liable for injuries caused by the COVID-19 vaccine?

According to the PREP act, the companies developing and administering the COVID-19 vaccines cannot be sued for unintentional injuries resulting from the vaccine. I have seen enough commercials advertising class action lawsuits for other wonder…
Ryan_L
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Can a vaccine be required by law?

This question came up because I read that Bolsonaro, Brazil's president, was criticized by the opposition for saying that COVID-19 vaccinations won't be mandatory. The opposition said that the vaccine should be a requirement, which means that if…
fdkgfosfskjdlsjdlkfsf
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If I ask my doctor to order a blood test, can they refuse?

In New York, USA, If I go to my doctor's office and request that they order a specific blood test for me, can they refuse? Is there anything in HIPAA (or other laws) that compels a medical professional to order a test that has been requested by…
hotmeatballsoup
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Can doctors administer an experimental treatment without patient consent in an emergency?

Is it legal for doctors to administer an experimental treatment or drug to a patient in an emergency situation where the patient is unable to provide consent? To provide an example scenario: An unconscious patient is brought into emergency and will…
Demon
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Can an incapacitated individual consent to marriage?

A friend was to be married on Saturday afternoon. He suffered a debilitating stroke Saturday morning. Today he can respond to verbal prompts to move his left hand a bit. This occurred in the USA in the state of South Carolina but I’m also…
Kris
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Can a government in the US enforce administration of a drug onto a US citizen during a public health crisis?

Is there a law or a judgment from a Court in the United States wherein it is established that a government (at any level) in the US, during an officially declared public health crisis, can enforce administration of a drug/medical treatment onto a US…
Firelord
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Could a charity manufacture patented medications for free?

Let's say there is a patented medication that is very effective and very expensive at the pharmacy, say $1,000/dose. But also assume that the medicine only costs $1 to formulate - most of the "cost" was in the research. I understand that a competing…
YPCrumble
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Hospital billed me for services that I explicitly refused. Are there any legal ramifications for hospital?

(well, my wife). Background - we lost a pregnancy early this year. Got pregnant again. Wife had some spotting during first trimester, became panicky, and rushed off to a hospital. The main thing they wanted to do was perform STD screening. …
conman
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Are medical malpractice lawsuits part of the public record?

I know most lawsuits in the U.S. are part of the public record. Exceptions can be made to remove the names of minors etc., but, for the most part, lawsuit details are openly available. With that said, are there exceptions for medical malpractice…
user27343
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Does legislation on transgender healthcare affect medical researchers?

I have a very simple question that I’m struggling to find an answer for online. Over the last several years, several countries and many states in America have passed legislation that ban medical providers from providing certain treatments to…
Joe
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