Thursday, August 30, 2012
(1) MEDICAL LAW

  

What is Medical Law?

Medical law is the body of laws concerning the rights and responsibilities of medical professionals and their patients. The main areas of focus for medical law include confidentiality, negligence and other torts related to medical treatment (especially medical malpractice), and criminal law and ethics.

Confidentiality

Medical doctors and mental health professionals have long had a tradition of confidentiality with their patients, dating back to the English Common Law. However, this tradition has been codified in recent years, so that anything said by a patient to a doctor or mental health professional in the course of diagnosis or treatment is privileged and confidential unless the individual expresses an imminent intention to harm himself or others.

This confidentiality has been reinforced and expanded with the advent of the Health Insurance Portability and Accountability Act, or HIPAA. This federal law was designed to deal with a number of issues pertaining to the increasingly mobile and connected nature of our culture, and created a number of legal safeguards to, among other things, protect the confidentiality of a patient's medical and mental health records. The Act created a number of new, formal requirements about disclosures, ways in which information can be exchanged, and keeping patient information confidential. Those who violate the Act can face significant liability.

Negligence and Other Torts

Those diagnosing and treating others as a profession are held to a higher standard than a passerby on the street who render aid. Medical malpractice is one of the key focuses of medical law, and relates to the liability of a medical professional for negligence in the diagnosis or treatment of a patient resulting in injury or death. But, other torts do cross over into the field of medial law. For example, it is possible for a medical professional to defame a patient if they wrongfully disclose untrue information about the patient's health. Another example is battery when one performs a treatment on someone who has declined such treatment (often for religious reasons). There are a number of other possible torts, as well, so if you are a medical professional concerned about limiting your exposure, you should contact an attorney who can review your practice and advise you about how best to reduce your liability profile.

Crime and Ethics

Criminal law and ethics have taken a very large role in medical law in recent years. The rise of so-called “pill mills” have raised issues about the role of medical professionals in the trafficking of controlled substances, both from a criminal and an ethical standpoint. Other examples have included famous cases involving the euthanasia of terminally ill patients and sexual assaults against anesthetized patients.

More Information

For more information about Medical Law, visit the resources listed below. You can also contact an attorney in your area with your specific questions or assistance with your legal issues. A list of attorneys in your area may be found by visiting our Law Firms page.

 

 

Medical Law - US

  • ABA - Health Care Law

    The ABA opposes federal legislation to preempt state medical liability laws and legislation to require patients injured by malpractice to utilize "health courts" that deny injured patients a right to a trial by jury or full compensation for injuries caused by medical negligence. The ABA supports proposed "Patients’ Bill of Rights" legislation which would amend ERISA so that it no longer would preempt various state health care liability laws.

  • Administrative Simplification Compliance Act (ASCA)

    The Administrative Simplification Compliance Act (ASCA) amended the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and requires that all claims submitted to Medicare on October 16, 2003 and beyond be done so electronically except for certain circumstances.

  • Affordable Care Act

    The Affordable Care Act, passed by Congress and signed into law by the President in March 2010, gives you better health security by putting in place comprehensive health insurance reforms that hold insurance companies accountable, lower health care costs, guarantee more choice, and enhance the quality of care for all Americans.

  • Health Information Privacy

    The HIPAA Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information. At the same time, the Privacy Rule is balanced so that it permits the disclosure of personal health information needed for patient care and other important purposes.

  • Legal Medical Marijuana States and DC

    In 1972, the US Congress placed marijuana in Schedule I of the Controlled Substances Act because they considered it to have "no accepted medical use." Since then, 15 of 50 US states and DC have legalized the medical use of marijuana.

  • Office of the Surgeon General

    The Office of the Surgeon General, under the direction of the Surgeon General, oversees the operations of the 6,500-member Commissioned Corps of the U.S. Public Health Service and provides support for the Surgeon General in the accomplishment of her other duties. The Office is part of the Office of the Assistant Secretary for Health in the Office of the Secretary, U.S. Department of Health and Human Services. The Surgeon General serves as America's Doctor by providing Americans the best scientific information available on how to improve their health and reduce the risk of illness and injury.

  • Patient Safety and Quality Improvement Act

    The Patient Safety and Quality Improvement Act signifies the Federal Government's commitment to fostering a culture of patient safety. It creates Patient Safety Organizations (PSOs) to collect, aggregate, and analyze confidential information reported by health care providers. Currently, patient safety improvement efforts are hampered by the fear of discovery of peer deliberations, resulting in under-reporting of events and an inability to aggregate sufficient patient safety event data for analysis. By analyzing patient safety event information, PSOs will be able to identify patterns of failures and propose measures to eliminate patient safety risks and hazards.

Organizations Related to Medical Law

  • American Health Lawyers Association

    The American Health Lawyers Association is the nation's largest, nonpartisan, 501(c)(3) educational organization devoted to legal issues in the healthcare field with more than 10,000 members.

  • American Medical Association (AMA)

    Since 1847 the American Medical Association (AMA) has had one mission: to promote the art and science of medicine and the betterment of public health. Today, the core strategy used to carry out this mission is our concerted effort to help doctors help patients. We do this by uniting physicians nationwide to work on the most important professional and public health issues.

  • American Society of Law, Medicine and Ethics

    With roots extending back to 1911, ASLME is a nonprofit educational organization. Our mission is to provide high-quality scholarship, debate, and critical thought for professionals at the intersection of law, medicine, and ethics. Our members come together to examine big health questions with far-reaching social ramifications . like genetic testing and research, medical record privacy, end-of-life decisions, and the dynamics of informed consent.

  • American Telemedicine Association

    elemedicine is changing the world and ATA is the world of telemedicine. The American Telemedicine Association is the leading international resource and advocate promoting the use of advanced remote medical technologies. ATA and its diverse membership, works to fully integrate telemedicine into transformed healthcare systems to improve quality, equity and affordability of healthcare throughout the world.

  • Association of American Medical Colleges (AAMC)

    The AAMC serves and leads the academic medicine community to improve the health of all. The AAMC represents all 133 accredited U.S. and 17 accredited Canadian medical schools; approximately 400 major teaching hospitals and health systems, including 62 Department of Veterans Affairs medical centers; and nearly 90 academic and scientific societies. Through these institutions and organizations, the AAMC represents 125,000 faculty members, 75,000 medical students, and 106,000 resident physicians.

  • Center for Disease Control

    CDC′s Mission is to collaborate to create the expertise, information, and tools that people and communities need to protect their health – through health promotion, prevention of disease, injury and disability, and preparedness for new health threats.

  • Department of Health and Human Services (HHS)

    The Department of Health and Human Services (HHS) is the United States government’s principal agency for protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves. HHS represents almost a quarter of all federal outlays, and it administers more grant dollars than all other federal agencies combined. HHS’ Medicare program is the nation’s largest health insurer, handling more than 1 billion claims per year. Medicare and Medicaid together provide health care insurance for one in four Americans.

  • National Association of Medical Examiners (NAME)

    The National Association of Medical Examiners (NAME) is the national professional organization of physician medical examiners, medical death investigators and death investigation system administrators who perform the official duties of the medicolegal investigation of deaths of public interest in the United States.

  • National Institutes of Health (NIH)

    The National Institutes of Health (NIH), a part of the U.S. Department of Health and Human Services, is the nation’s medical research agency—making important medical discoveries that improve health and save lives.

  • World Association for Medical Law (WAML)

    The World Association for Medical Law (WAML) was established in 1967, and conducted its first formal gathering in 1970. The purpose of the WAML is to encourage the study and discussion of health law, legal medicine and ethics, for the benefit of society and the advancement of human rights. The aim of the WAML is to promote the study of the consequences in jurisprudence, legislation and ethics of developments in medicine, health care and related sciences.

  • World Health Organization

    WHO is the directing and coordinating authority for health within the United Nations system. It is responsible for providing leadership on global health matters, shaping the health research agenda, setting norms and standards, articulating evidence-based policy options, providing technical support to countries and monitoring and assessing health trends.

Publications Related to Medical Law

  • Med Worm

    MedWorm is a medical RSS feed provider as well as a search engine built on data collected from RSS feeds. RSS stands for Really Simple Syndication and it is a technology used to simply publish and gather details of the very latest information on the internet. MedWorm collects updates from over 6000 authoritative data sources (growing each day) via RSS feeds. From the data collected, MedWorm provides new outgoing RSS feeds on various medical categories that you can subscribe to, via the free MedWorm online service, or another RSS reader of your choice, such as Bloglines, Newsgator, Google Reader or FeedDemon.

  • Medical Law Review

    The Medical Law Review is established as an authoritative source of reference for academics, lawyers, legal and medical practitioners, law students, and anyone interested in healthcare and the law. The Review presents articles of international interest which provide thorough analyses and comment on the wide range of topical issues that are fundamental to this expanding area of law. In addition, commentary sections provide in depth explorations of topical aspects in the field.

  • Yale Journal of Medicine and Law

    The Yale Journal of Medicine and Law is Yale’s premier publication, synthesizing these highly interconnected fields into a singular discipline. Since its inception in (what year were we started) the Journal has been at the forefront of issues including healthcare policy, bioethics, healthcare economics, biomedical research, and global healthcare. We have featured interviews with prominent figures including US Senators, Directors of organizations such as the CDC and NIH, and the US Surgeon General.

Articles Related to Medical Law

  • Is ASC Litigation on the Rise?
    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.
  • Healthcare Fraud Whistleblower Lawsuits Plentiful
    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.
  • Oseonecrosis of the Jaw and Fosamax
    Has the medication which is designed to help bone growth been linked to bone disease?
  • The Ethical Dilemmas Present in Catholic-Run Hospitals
    In recent years, there has been a significant increase nationwide in the number of mergers between large Catholic-run hospitals and smaller secular hospitals. This phenomenon is largely due to provisions in the new healthcare law requiring more efficiently-run medical facilities. However, these mergers force many patients, particularly women, to face an uphill battle when seeking out important medical treatments associated with reproductive health.
  • Woman Sues Hospital for Loss of Legs
    A 33 year-old Brooklyn woman is suing a hospital for medical malpractice after a simple surgery resulted in an infection, causing both her legs to be amputated.
  • Sutter Health Settles Whistleblower Case for $46 Million
    Sutter Health decided to settle a whistleblower case before trial. The case involved allegations of double billing for anesthesia services at hospitals in California.
  • CAT Scan Costs Doctor $2.85 Million in Malpractice Suit
    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.
  • Veterans Suffering from Unexpected Source of Injuries: Overmedication
    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.
  • Understanding Informed Consent
    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?
  • What is HIPAA and What Does it Mean to Me?
    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.
  • All Health Care and Social Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Health Care and Social including: defective drugs, failure to diagnose, informed consent, medical law, medical malpractice, medication errors, pharmaceutical law, social security, social services law, surgical errors.    


Posted at 04:45 am by Medical Law
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Friday, August 08, 2014
(2) MEDICAL MALPRACTICE

What is Medical Malpractice Law?

Medical malpractice law governs the liability of doctors and other treatment providers when they cause harm to a patient by rendering their services in a negligent manner. All states have their own laws and procedures to handle these specialized personal injury cases. But in general terms, a doctor will be held liable if his or her conduct fails to meet the “standard of care” provided by other doctors under similar circumstances.

Errors that qualify as medical malpractice will typically fall into one of several categories. These include a failure or delay in diagnosing a patient’s condition, misreading X-rays, prescribing the wrong pharmaceuticals, failing to warn a patient of the risks or side effects of a procedure, performing services without the patient’s informed consent, and making a mistake during surgery or childbirth.

When doctors act carelessly, the results can be catastrophic for the patient. It is not surprising, then, that damage awards in medical malpractice cases are among the largest of all personal injury cases. Damages may include medical expenses, physical pain and suffering, emotional distress, lost wages, decreases in earning potential, punitive damages, as well as compensation for partial or complete impairment, disfigurement, and death.

Expert witnesses play a unique role in medical malpractice lawsuits. Many of the issues debated in these cases, such as whether a surgery was performed correctly, are too complex for judges and juries to understand on their own. This means other doctors must be called upon to study the case, render an opinion, and explain their findings. For the injured patient, the expense of hiring an expert significantly increases the cost of bringing the claim.

A number of public policy groups and elected officials oppose large damage awards in medical malpractice suits. Referred to as tort reform, this effort aims to pass legislation making it more difficult for injured people to file lawsuits, and to cap the amount of damages they can recover once they win. Proponents argue that tort reform will reduce the cost of health care, but the data is inconclusive, and the issue remains highly contentious.

Compensation for Your Suffering

The first step in pursuing a medical malpractice case is to retain an attorney. Unlike some other areas of the law, self-representation in these cases is not feasible. In fact, due to the financial resources and litigation expertise required, most attorneys do not accept medical malpractice cases. Plaintiffs should seek out a reputable law firm that specializes in medical malpractice.

The attorney will begin by conducting an in-depth evaluation of the factual circumstances surrounding the incident. Hospital records and other evidence will be gathered, and depositions (formal interviews for the purpose of recording sworn testimony) will be taken of the defendant and any witnesses. A medical expert, who will later be available to testify at trial, will then review the evidence and draft a report for the plaintiff.

The expert’s report will be turned over to the defendant’s attorneys and insurance adjuster, and settlement negotiations will take place. If the two sides can agree on the amount of damages that should be paid, they will enter into a settlement agreement. The plaintiff will be compensated, and the case will end. If the parties cannot agree, the case will proceed to trial. A judge or jury will then decide the outcome.

During the entire process, the plaintiff’s attorney must comply with a variety of procedural requirements. A single misstep can result in the case being dismissed. These requirements include a statute of limitations, which is a strict deadline for filing the paperwork to initiate the lawsuit. Depending on state law, the case may have to be presented to a medical review board prior to filing suit, and special notices to the defendant may be required.

Patients trust doctors to perform their duties with care. However, when preventable accidents occur during the course of medical treatment, injured patients and their families often encounter insurance companies that want to deny compensation, or pay far less than they should. If medical malpractice is suspected, the best way to protect a patient’s rights is to contact a qualified attorney. 

Articles Related to Medical Malpractice Law

  • Zoloft Lawsuit for Birth Defects Related to the Use of Sertraline
    Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
  • The da Vinci Robot, More Harm than Good?
    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.
  • The Scent of Jasmine
    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.
  • Rhode Island Medical Malpractice Lawyers: Case Digest Malpractice Insurance
    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.
  • Medication May Increase Risk of Falls for Elderly Patients
    While blood pressure medications may help prevent certain medical conditions, they can also put elderly persons at risk of other injuries. For instance, a new study revealed that older people who take blood pressure medications may be more susceptible to fall injuries than elderly persons who are not taking blood pressure medication.
  • What to Do If You Have Doubts about Your Medical Care
    Doctors and health care providers hold our lives in their hands. Having doubts about the medical care that you are receiving can not only be emotionally unsettling, but physically damaging as well, since the lack of appropriate medical care can result in medical complications, exacerbated health conditions, and even death.
  • The Ethical Dilemmas Present in Catholic-Run Hospitals
    In recent years, there has been a significant increase nationwide in the number of mergers between large Catholic-run hospitals and smaller secular hospitals. This phenomenon is largely due to provisions in the new healthcare law requiring more efficiently-run medical facilities. However, these mergers force many patients, particularly women, to face an uphill battle when seeking out important medical treatments associated with reproductive health.
  • Common Cases of Medical Malpractice
    Everyone makes mistakes. No matter how confident someone is in their abilities, they are only human. Sadly, this applies to doctors just like everyone else.
  • Personal Injury and Worker’s Compensation Law Round-Up – February 2014
    Personal injury and workers' compensation lawyers have been discussing several important topics in the last few weeks, including the safety of surgical robots, the inadequacy of temp worker laws, employer abuse of the workers' compensation system, and the idea that doctors seek locations with lax regulations on professional liablility. This article is a brief summary of four separate articles detailing those topics.
  • 5 Myths About Personal Injury Lawsuits
    There is a lot of misinformation floating around on the web about certain aspects of personal injury cases. Here we will reflect upon those myths and help clear them up.
  • All Health Care and Social Law Articles
  • All Tort and Personal Injury Law Articles

State Boards of Medical Examiners and Licensure

Medical Malpractice - US

  • ABA - Medical Malpractice

    The American Bar Association offers this brief definition of medical malpractice, as well as answers to several commonly asked questions on the topic.

  • Department of Health and Human Services (HHS)

    HHS is the federal agency charged with protecting the health of Americans. This includes the administration of Medicare and Medicaid. These insurance programs often play a role in medical malpractice claims.

  • Illinois Medical Malpractice

    Medical malpractice occurs when a doctor, hospital, or other health care provider fails to adhere to the standard of care and a patient is injured or dies as a result. Each state has its own laws regarding medical malpractice.

  • Medical Liability Reform (ATRA)

    The American Tort Reform Association is dedicated to “repairing” the justice system by limiting recovery for medical malpractice victims. This website explains the group’s mission and current activities.

  • Medical Malpractice - Wikipedia

    This Wikipedia entry describes the subject of medical malpractice, with a focus on legal actions brought in the United States. Tort reform is also discussed.

  • Medical Malpractice Illinois

    Medical malpractice (IL) occurs when a doctor, hospital, or other health care provider fails to adhere to the standard of care and a patient is injured or dies as a result.

  • Medical Malpractice Insurance

    Treatment providers carry insurance to cover claims brought by patients. Medical malpractice insurance is described on this web page published by the Insurance Information Institute.

  • Medical Malpractice Law

    This web page contains a number of articles on medical malpractice law. Topics include case evaluation, expert witnesses, and methods for calculating damages.

Organizations Related to Medical Malpractice Law


Posted at 01:31 am by Medical Law
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(3) MEDICARE AND MEDICAID

Medicare is part of the Federal Government's Social Security Division and provides all United States citizens 65 years of age or older with long term care as well as coverage for the disabled. Eligibility is determined by various criteria set forth in the programs' policies. Whereas Medicaid, a federal and state program, ensures that individuals with lower incomes have access to health care. The criteria for Eligibility varies from state to state.



 

State Medicaid Plan

Medicare and Medicaid Law - US

  • Affordable Care Act

    On March 23, 2010, President Obama signed into law the Affordable Care Act. The law puts into place comprehensive health insurance reforms that will hold insurance companies more accountable and will lower health care costs, guarantee more health care choices, and enhance the quality of health care for all Americans.

  • Center for Medicare and Medicaid Services

    The Centers for Medicare and Medicaid Services (CMS) is a branch of the U.S. Department of Health and Human Services. CMS is the federal agency that administers the Medicare program and monitors the Medicaid programs offered by each state.

  • Conditions of Participation (CoPs) and Conditions for Coverage (CfCs)

    CMS develops Conditions of Participation (CoPs) and Conditions for Coverage (CfCs) that health care organizations must meet in order to begin and continue participating in the Medicare and Medicaid programs. These minimum health and safety standards are the foundation for improving quality and protecting the health and safety of beneficiaries. CMS also ensures that the standards of accrediting organizations recognized by CMS (through a process called "deeming") meet or exceed the Medicare standards set forth in the CoPs / CfCs.

  • Department of Health and Human Services (HHS)

    The Department of Health and Human Services (HHS) is the United States government’s principal agency for protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves.

  • Medicaid - Overview

    Good health is important to everyone. If you can't afford to pay for medical care right now, Medicaid can make it possible for you to get the care that you need so that you can get healthy – and stay healthy. Medicaid is available only to certain low-income individuals and families who fit into an eligibility group that is recognized by federal and state law. Medicaid does not pay money to you; instead, it sends payments directly to your health care providers. Depending on your state's rules, you may also be asked to pay a small part of the cost (co-payment) for some medical services.

  • Medicaid Insurance - Definition

    Medicaid is the United States health program for eligible individuals and families with low incomes and resources. It is a means tested program that is jointly funded by the state and federal governments, and is managed by the states.[1] Among the groups of people served by Medicaid are certain eligible U.S. citizens and resident aliens, including low-income adults and their children, and people with certain disabilities. Poverty alone does not necessarily qualify an individual for Medicaid. Medicaid is the largest source of funding for medical and health-related services for people with limited income in the United States.

  • Medicare Insurance - Definition

    Medicare is a social insurance program administered by the United States government, providing health insurance coverage to people who are aged 65 and over, or who meet other special criteria. The program also funds residency training programs for the vast majority of physicians in the United States. Medicare operates as a single-payer health care system.

  • My Medicare - United States Government

    MyMedicare.gov is part of the Medicare.gov web site. MyMedicare.gov is an optional, free, and secure site designed to help you check the status of your eligibility, enrollment, and other Medicare benefits. It also allows you to access your claims information almost immediately after it is processed by Medicare and provides you with preventive health information 24 hours a day, seven days a week.

  • Patient Protection and Affordable Care Act

    This is the major health care reform bill, signed into law by President Obama on March 23, 2010. It would expand health care coverage to 31 million currently uninsured Americans through a combination of cost controls, subsidies and mandates. It is estimated to cost $848 billion over a 10 year period, but would be fully offset by new taxes and revenues and would actually reduce the deficit by $131 billion over the same period.

  • Social Security Administration

    We deliver services through a nationwide network of over 1,400 offices that include regional offices, field offices, card centers, teleservice centers, processing centers, hearing offices, the Appeals Council, and our State and territorial partners, the Disability Determination Services. We also have a presence in U.S. embassies around the globe. For the public, we are the “face of the government.” The rich diversity of our employees mirrors the public we serve.

  • Social Security Law - Medicare

    Medicare is our country’s health insurance program for people age 65 or older. Certain people younger than age 65 can qualify for Medicare, too, including those who have disabilities and those who have permanent kidney failure or amyotrophic lateral sclerosis (Lou Gehrig’s disease). The program helps with the cost of health care, but it does not cover all medical expenses or the cost of most long-term care.

Organizations Related to Medicare and Medicaid Law

  • American Seniors Association

    Known nationally as "the conservative alternative to the AARP," the American Seniors Association works hard to fulfill its mission to provide seniors with the choices, information, and services they need to live healthier, wealthier lives. Our members' dignity and security matter most to us, and that's why thousands of Americans every year turn to the American Seniors Association for the help they need.

  • National Association of State Medicaid Directors (NASMD)

    The National Association of State Medicaid Directors (NASMD) is a bipartisan, professional, nonprofit organization of representatives of state Medicaid agencies (including the District of Columbia and the territories). Since 1979, NASMD has been affiliated with the American Public Human Services Association (APHSA). The primary purposes of NASMD are: to serve as a focal point of communication between the states and the federal government, and to provide an information network among the states on issues pertinent to the Medicaid program.

  • National Family Caregivers Association

    The National Family Caregivers Association educates, supports, empowers and speaks up for the more than 65 million Americans who care for loved ones with a chronic illness or disability or the frailties of old age. NFCA reaches across the boundaries of diagnoses, relationships and life stages to help transform family caregivers' lives by removing barriers to health and well being.

Articles Related to Medicare and Medicaid Law

  • Three Convictions in Medicare Fraud Case
    A federal jury recently convicted three people on charges related to Medicare fraud. The fraud took place during the time frame of 2006 - 2011. The defendants in the case operated a durable medical goods company out of the Los Angeles area.
  • Health Care Industry the Target in Whistleblower Lawsuits
    The United States Department of Justice has provided the public with some information regarding recent whistleblower cases. In one of the cases there have been allegations made against Health Management Associates.
  • California Medical Equipment Supplier Found Guilty in $11 Million Medicare Fraud Case
    The owner of a California durable medical equipment firm was recently found guilty of Medicare fraud. The scheme resulted in more than $11 million dollars in fraudulent Medicare charges. Los Angeles false claims attorneys say that Medicare fraud is a problem that is continuing to grow, at the expense of taxpayers.
  • What are Medicare and Medicaid and How Does One Qualify?
    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?
  • How to Avoid Becoming the Victim of Medicare, Medicaid, or Healthcare Related Fraud
    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 False Claims Act – Application of the Lincoln Law to the Health Care Industry
    The False Claims Act was originally focused on the defense industry during the Civil War. It was later expanded during the defense industry scandals of the 1980s. Now, the law is being applied liberally in the health care industry with very severe potential consequences for health care providers.
  • Medical Director Compensation and Compliance
    Compensation to medical directors has become a 'hot-button" compliance issue. If not properly structured and monitored, a medical director arrangement can become a major compliance problem. Health care attorney John Fisher discussed some of the recent cases addressing medical director compensation and what they mean to health care providers.
  • Medical Director Compensation and Compliance
    Compensation to medical directors has become a 'hot-button" compliance issue. If not properly structured and monitored, a medical director arrangement can become a major compliance problem. Health care attorney John Fisher discussed some of the recent cases addressing medical director compensation and what they mean to health care providers.
  • Federal Medicaid Fraud Audit Program Has Negative Returns
    A recent report from a government watchdog group shows that a federal Medicaid audit program designed to curtail some of the $60 billion a year lost to Medicaid fraud has actually cost more money than it saved.
  • Audits Targeting Medicaid Abuse Fall Short
    A recent report issued by the Government Accountability Office, the nonpartisan research arm of Congress found that a federal program designed to combat Medicaid fraud has resulted in cost greater than the amount of fraud the program identified.
  • All Health Care and Social Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Health Care and Social including: defective drugs, failure to diagnose, informed consent, medical law, medical malpractice, medication errors, pharmaceutical law, social security, social services law, surgical errors.


Posted at 01:34 am by Medical Law
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(4) MEDICATION ERRORS LAW

Medication Errors (medical error) Law is a subset of Medical Malpractice law which can result in severe and permanent injury or death. These types of errors can occur at any point during the process of selecting, prescribing and dispensing medications. It can be the administration of the wrong drug, prescribing the incorrect dose of a drug, bad interactions with other drugs that shouldn’t have been prescribed together and various other accidents, mistakes and problems related to medication. The most common errors are those made by the nurses and doctors when administering medication, although pharmacy error contributes to this problem as well.

Medication errors are responsible for over a million fatalities or severe injuries in the U.S. each year. These types of errors are a preventable hazard in nursing homes, out-patient facilities, hospitals, clinics and surgical centers. Medication reconciliation is an important policy for dealing with the increased risks present during transition periods of medical care, such as admissions, transfers within and discharges from hospitals and other medical institutions. It dictates a thorough comparison of patient medication orders in these situations to avoid dosing errors, drug interactions, duplications, omissions, etc.

Visit our Torts and Personal Injury Law page for information on issues regarding wrongful death and state statutes regarding limitations for filing personal injury claims. 

Articles

  • Common Cases of Medical Malpractice
    Everyone makes mistakes. No matter how confident someone is in their abilities, they are only human. Sadly, this applies to doctors just like everyone else.
  • Common Types of Medical Malpractice
    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.
  • What is 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.
  • Veterans Suffering from Unexpected Source of Injuries: Overmedication
    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.
  • Medical Malpractice Whistleblower Case Against Wyeth Pharmaceuticals Settled
    The immunosuppressant drug Rapamune was at the center of a lawsuit which was recently settled for $257.4 million.
  • The Dangers of Sleeping Pills
    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.
  • Communication Errors Are #1 Cause of Preventable Birth Injuries
    30 Percent of all Birth Injuries Are Preventable.
  • Medical Errors Can Be Prevented and Patient Safety Improved
    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.
  • UCLA Medical Center Received Failing Grade for Patient Safety
    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.
  • Boy Wears Braces For 11 Years, Sues Orthodontist for Malpractice
    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.
  • All Health Care and Social Law Articles

Medication Error Law - US

Organizations

Publications


Posted at 01:36 am by Medical Law
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(5) HEALTHCARE & SOCIAL LAW

Healthcare and Social Law includes the law of public health, health care generally, and medical care specifically. Maintaining public health is a chief duty of the state. Health regulations and laws are almost all administered at the state level. Many states delegate authority to subordinate governmental agencies such as the board of health. These boards are created by legislative acts.

Federal health law emphasizes the activity of the Department of Health and Human Services (HHS). It directs a wide assortment of agencies and programs, like providing financial assistance to needy individuals; guiding medical and scientific research; providing health care and advocacy services; and imposing laws and regulations related to human services. A significant part of the HHS is the Centers for Medicare and Medicaid Services, which supervise the Medicare and Medicaid Programs. Their goal is to ensure that elderly and needy individuals receive appropriate medical care.

Private health insurance is primarily received through health maintenance organizations (HMO's). Managed care basically creates a relationship between physician, patient, and payer. Physicians are paid a flat per-member per-month fee for basic health care services, regardless of whether the patient seeks those services. The risk that a patient is going to require weighty treatment shifts from the insurance company to the physicians under this model. Because of the prominence of the industry, HMO's are heavily regulated. On the federal level the Health Maintenance Organization Act of 1973 governs.

For more information on Health Care and Social Laws, please review the links found below. Additionally, you can find legal assistance with these types of claims and questions by clicking on the "Law Firms" tab in the menu bar at the top of this page.

 

Health Care and Social Law - US

  • ABA - Health Law Section

    The Health Law Section is one of the 27 Sections, Divisions and Forum of the ABA. We are governed by a Council which includes the Officers. We have four dedicated staff. The Section has the Divisions: Administrative, Member Services, Policy, Program and Publications. The Section has twelve Interest Groups which are listed below. Each Section member can join Interest Groups at no charge.

  • FoodSafety.gov

    FoodSafety.gov is the gateway to food safety information provided by government agencies. According to the Key Findings of the Food Safety Working Group: “The federal government will enhance www.foodsafety.gov to better communicate information to the public and include an improved individual alert system allowing consumers to receive food safety information, such as notification of recalls. Agencies will also use social media to expand public communications.”

  • Health Information Privacy

    The HIPAA Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information. At the same time, the Privacy Rule is balanced so that it permits the disclosure of personal health information needed for patient care and other important purposes.

  • Health Law - Overview

    Improvements in technology and medical care have increased life expectancy by a considerable amount. Alongside these improvements, health care costs have risen dramatically. Because the health of the people in a nation reflects the health of the nation itself, health care law is vital for the stability of the United States.

  • Health Law Resource

    This page is for those interested in health care law. Primarily, this page is intended as a resource for health care practitioners, professionals or anyone interested in learning more about the dynamic field of health care law, and more specifically, the regulatory and transactional aspects of health care law practice.

  • Health Maintenance Organization Act of 1973

    Today, many people receive health care through health maintenance organizations (HMO's). Managed care essentially creates a triangle relationship between physician, patient, and payer. Because of the importance of the industry, HMO's are heavily regulated. On the federal level the Health Maintenance Organization Act of 1973 governs.

  • Health Reform

    The passage of health insurance reform legislation represents a historic victory for the American people – a victory over the special interests that have fought for decades to prevent families and businesses from having control over their health care or the health care of their workers.

  • Indian Health Service

    Our Mission... to raise the physical, mental, social, and spiritual health of American Indians and Alaska Natives to the highest level.

  • National Health Law Program

    The National Health Law Program is a national public interest law firm that seeks to improve health care for America's working and unemployed poor, minorities, the elderly and people with disabilities. NHeLP serves legal services programs, community-based organizations, the private bar, providers and individuals who work to preserve a health care safety net for the millions of uninsured or underinsured low-income people.

  • Social Security Administration

    SSA delivers services through a nationwide network of over 1,400 offices that include regional offices, field offices, card centers, teleservice centers, processing centers, hearing offices, the Appeals Council, and our State and territorial partners, the Disability Determination Services. We also have a presence in U.S. embassies around the globe. For the public, we are the “face of the government.” The rich diversity of our employees mirrors the public we serve.

  • US Department of Health and Human Services (HHS)

    The Department of Health and Human Services (HHS) is the United States government's principal agency for protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves.

  • US Food and Drug Administration - Code of Federal Regulations Title 21

    The FDA is responsible for protecting the public health by assuring the safety, efficacy, and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation. The FDA is also responsible for advancing the public health by helping to speed innovations that make medicines and foods more effective, safer, and more affordable; and helping the public get the accurate, science-based information they need to use medicines and foods to improve their health.

Health Care and Social Law - Europe

  • European Centre of Disease Prevention and Control (ECDC)

    The European Centre of Disease Prevention and Control (ECDC) was established in 2005. It is an EU agency with aim to strengthen Europe's defences against infectious diseases. ECDC's mission is to identify, assess and communicate current and emerging threats to human health posed by infectious diseases.

  • Health Care and the European Union

    Slowly, in health and social affairs ministries across Europe, the realisation is dawning that European Union law has profound consequences for the organisation of national healthcare systems. Even in the United Kingdom, which for many years was in a state of active denial about the influence of Europe, ministers are looking at how to exploit the opportunities offered by provisions on free movement of patients (to France) and professionals (bringing teams of German surgeons to operate at weekends in NHS hospitals).

  • Overview of Health Strategy in the European Community

    Health is an important priority for Europeans. We expect to be protected against illness and disease. We want to bring up our children in a healthy environment, and demand that our workplace is safe and hygienic. When travelling within the European Union, we need access to reliable and high-quality health advice and assistance.

Health Care and Social Law - International

  • Global Health

    In international health, one of our Nation's greatest strengths is our considerable convening power—it's our ability to inspire, to set an example, and to call upon the best knowledge, experience, and resources, from individual experts, private institutions, and government agencies.

  • Health Law - Guide to Health Law in Australia

    This guide contains links to Internet resources and documents in the area of federal health law, as well as providing links to other guides and directories which contain material on State and Territory and overseas law. More detailed guides are also provided for topics of current interest to the federal Parliament.

  • Public Health Agency of Canada

    To promote and protect the health of Canadians through leadership, partnership, innovation and action in public health.

  • South Africa Department of Health

    Our Mission is to consolidate and build on the achievements of the past five years in improving access to health care for all and reducing inequity, and to focus on working in partnership with other stakeholders to improve the quality of care of all levels of the health system, especially preventive and promotive health, and to improve the overall efficiency of the health care delivery system.

  • WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)

    This Agreement applies to all sanitary and phytosanitary measures which may, directly or indirectly, affect international trade. Such measures shall be developed and applied in accordance with the provisions of this Agreement.

Organizations Related to Health Care and Social Law

  • American College of Legal Medicine

    Founded in 1960, the American College of Legal Medicine (ACLM) is the official organization for professionals who focus on the important issues where law and medicine converge. The ACLM is a professional community of physicians, attorneys, dentists, healthcare professionals, administrators, scientists, and others with a sustained interest in medical legal affairs. The ACLM is the organization of healthcare and legal professionals whose diverse education, training, and experience enable the College to promote interdisciplinary cooperation and an understanding of issues where law and medicine converge.

  • American Health Lawyers Association

    The mission of the American Health Lawyers Association is to provide a collegial forum for interaction and information exchange to enable its members to serve their clients more effectively; to produce the highest quality non-partisan educational programs, products, and services concerning health law issues; and to serve as a public resource on selected healthcare legal issues.

  • American Public Health Association

    The American Public Health Association is the oldest, largest and most diverse organization of public health professionals in the world and has been working to improve public health since 1872. The Association aims to protect all Americans and their communities from preventable, serious health threats and strives to assure community-based health promotion and disease prevention activities and preventive health services are universally accessible in the United States. APHA represents a broad array of health professionals and others who care about their own health and the health of their communities.

  • American Society of Law, Medicine & Ethics

    The mission of the American Society of Law, Medicine & Ethics is to provide high-quality scholarship, debate, and critical thought to the community of professionals at the nexus of law, medicine, and ethics.

  • Association of State and Territorial Health Officials

    ASTHO is the 501(c) (3) non-profit membership association representing the chiefs of state and territorial health agencies and the 120,000 individuals who work for them. It is supported by 57 members, senior state and territorial health agency leadership, an active Alumni Society of former members, a network of 20 affiliated organizations, and staff.

  • Center for Medicare and Medicaid Services

    CMS' Mission * To ensure effective, up-to-date health care coverage and to promote quality care for beneficiaries CMS' Vision: * To achieve a transformed and modernized health care system. * CMS will accomplish our mission by continuing to transform and modernize America's health care system.

  • Centers for Disease Control and Prevention

    Collaborating to create the expertise, information, and tools that people and communities need to protect their health – through health promotion, prevention of disease, injury and disability, and preparedness for new health threats.

  • Centers for Law and the Public's Health

    Founded in October, 2000 as a CDC Collaborating Center in Public Health Legal Preparedness, and in June, 2005 as a WHO/PAHO Collaborating Center in Public Health Law and Human Rights, the Centers for Law and the Public's Health: A Collaborative at Johns Hopkins and Georgetown Universities is a primary, international, national, state, and local resource on public health law, ethics, human rights, and policy for public health practitioners, lawyers, legislators, judges, academics, policymakers, and others.

  • European Association of Health Law (EAHL)

    The European Association of Health Law (EAHL) aims to strengthen the health and human rights interface throughout Europe, and to serve as an indispensable source of advice and guidance for the future of health law and policies in Europe.

  • Health Action International (HAI)

    HAI works towards a world in which all people, especially the poor and marginalised, are able to exercise their human right to health. HAI’s contribution is through advocating for increased access to essential medicines and improved rational use of medicines (RUM). This is achieved through research excellence and the engagement of civil society in advocacy in the medicines policy debate.

  • National Institutes of Health (NIH)

    The National Institutes of Health (NIH), a part of the U.S. Department of Health and Human Services, is the primary Federal agency for conducting and supporting medical research. Helping to lead the way toward important medical discoveries that improve people's health and save lives, NIH scientists investigate ways to prevent disease as well as the causes, treatments, and even cures for common and rare diseases.

  • Pan American Health Organization (PAHO)

    The Pan American Health Organization (PAHO) is an international public health agency with more than 100 years of experience in working to improve health and living standards of the countries of the Americas. It serves as the specialized organization for health of the Inter-American System. It also serves as the Regional Office for the Americas of the World Health Organization and enjoys international recognition as part of the United Nations system.

  • Public Health Foundation (PHF)

    The Public Health Foundation (PHF) is dedicated to achieving healthy communities through research, training, and technical assistance. For more than 35 years, this national, non-profit organization has been creating new information and helping health agencies and other community health organizations connect to and more effectively use information to manage and improve performance, understand and use data, and strengthen the workforce.

  • World Health Organization

    WHO is the directing and coordinating authority for health within the United Nations system. It is responsible for providing leadership on global health matters, shaping the health research agenda, setting norms and standards, articulating evidence-based policy options, providing technical support to countries and monitoring and assessing health trends.

Publications Related to Health Care and Social Law

  • Health Affairs

    Health Affairs is the leading journal of health policy thought and research. The peer-reviewed journal was founded in 1981 under the aegis of Project HOPE, a nonprofit international health education organization. Health Affairs explores health policy issues of current concern in both domestic and international spheres.

  • International Journal for Quality in Health Care

    About the Journal The International Journal for Quality in Health Care makes activities and research related to quality and safety in health care available to a worldwide readership. The Journal publishes papers in all disciplines related to the quality and safety of health care, including health services research, health care evaluation, technology assessment, health economics, utilization review, cost containment, and nursing care research, as well as clinical research related to quality of care.

  • Internet Journal of Law, Healthcare and Ethics

    This is a peer reviewed journal. Every published article has been reviewed by members of the editorial board and the editor-in-chief. All articles are archived by Internet Scientific Publications LLC and recognized by The Library of Congress Catalog of Publications.

  • The Milbank Quarterly

    Published for more than eighty years, The Milbank Quarterly features peer-reviewed original research, policy review, and analysis, as well as commentary from academics, clinicians, and policymakers. According to the Institute for Scientific Information, the Quarterly has either led or been in the top three for "impact factor" (based on citations of published articles) of forty journals in Health Policy & Services and of fifty-seven journals in Health Care Sciences & Services since 2003. Articles published in the Quarterly also have the longest citation half-life of journals in Health Policy & Services.

Articles Related to Health Care and Social Law

  • Zoloft Lawsuit for Birth Defects Related to the Use of Sertraline
    Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
  • The da Vinci Robot, More Harm than Good?
    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.
  • Disability Benefits for Fibromyalgia: Why you Might Need it
    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.
  • Is ASC Litigation on the Rise?
    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.
  • Prisoners and Social Security Disability Benefits
    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.
  • The Scent of Jasmine
    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.
  • Rhode Island Medical Malpractice Lawyers: Case Digest Malpractice Insurance
    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.
  • Healthcare Fraud Whistleblower Lawsuits Plentiful
    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.
  • Social Security Disability - Expedited Handling of Compassionate Allowance Cases
    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.
  • Can I Get Disability For PTSD (Post Traumatic Stress Disorder)?
    I often hear the same questions over and over again related to specific injuries or aliments and whether or not they qualify a person to receive Social Security Disability benefits. This article deals with the question "Can I Get Disability For PTSD?"
  • All Health Care and Social Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Health Care and Social including: defective drugs, failure to diagnose, informed consent, medical law, medical malpractice, medication errors, pharmaceutical law, social security, social services law, surgical errors.


Posted at 01:39 am by Medical Law
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(6) HEALTH CARE LAW

Health Care Law, federal and state administered, deals with issues related to the United States health care system, covering a vast variety of legal subjects such as mental health, health reform, health insurance, patient protection, affordable health care and emergency health care.

 

Health Care Law - US

  • ABA - Health Law Section

    The American Bar Association Health Law Section is dedicated to increasing interest in the field of health law. Its 8,885 members represent all areas of the health law industry and are committed to educating the legal profession in this rapidly changing area of practice.

  • Affordable Care Act

    The Affordable Care Act, passed by Congress and signed into law by the President in March 2010, gives you better health security by putting in place comprehensive health insurance reforms that hold insurance companies accountable, lower health care costs, guarantee more choice, and enhance the quality of care for all Americans.

  • Emergency Medical Treatment and Labor Act (EMTALA)

    In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination (MSE) when a request is made for examination or treatment for an emergency medical condition (EMC), including active labor, regardless of an individual's ability to pay.

  • Health Information Privacy

    The Office for Civil Rights enforces the HIPAA Privacy Rule, which protects the privacy of individually identifiable health information; the HIPAA Security Rule, which sets national standards for the security of electronic protected health information; and the confidentiality provisions of the Patient Safety Rule, which protect identifiable information being used to analyze patient safety events and improve patient safety.

  • OHRP Policy and Guidance

    OHRP has published a variety of policy and regulatory guidance materials to assist the research community in conducting ethical research that is in compliance with the HHS regulations. These include guidance documents and frequently asked questions (FAQs) addressing various topics, findings in the form of OHRP letters addressing regulatory issues, and other media including decision tree graphics and educational videos.

  • Patient Safety and Quality Improvement Act

    The regulation implementing the Patient Safety and Quality Improvement Act of 2005 (PSQIA) was published on November 21, 2008, and became effective on January 19, 2009.

  • United States National Health Care Act

    To provide for comprehensive health insurance coverage for all United States residents, improved health care delivery, and for other purposes.

State Health Care Departments and Policies

Organizations Related to Health Care Law

  • American Accreditation HealthCare Commission

    URAC, an independent, nonprofit organization, is well-known as a leader in promoting health care quality through its accreditation, education and measurement programs. URAC offers a wide range of quality benchmarking programs and services that keep pace with the rapid changes in the health care system, and provide a symbol of excellence for organizations to validate their commitment to quality and accountability.

  • American Association of Nurse Attorneys

    TAANA members practice in private law practice, in academia, as litigators and defense attorneys, as legal counsel for healthcare entities, and in health care compliance among other settings.

  • American College of Legal Medicine (ACLM)

    The American College of Legal Medicine (ACLM) was incorporated in 1960, with organizational roots dating back to 1955. It is the most prominent professional society in the United States concerned with addressing issues that arise at the interface of law and medicine. Fellows of the American College of Legal Medicine, which make up over 50% of its membership, have been trained and schooled in medicine and/or law and the majority hold both the MD and JD degrees. College members also include physicians (M.D., D.O.), attorneys (J.D., L.L.B), dentists, Registered Nurses, podiatrists, scientists, and other health professionals.

  • American Health Information Management Association

    AHIMA (American Health Information Management Association) is a health information management (HIM) professional association over 61,000 members strong. Since its founding in 1928, AHIMA has remained committed to quality healthcare through quality information.

  • American Health Lawyers Association

    The American Health Lawyers Association is the nation's largest, nonpartisan, 501(c)(3) educational organization devoted to legal issues in the healthcare field with more than 10,000 members.

  • Department of Health and Human Services (HHS)

    The Department of Health and Human Services (HHS) is the United States government’s principal agency for protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves. HHS represents almost a quarter of all federal outlays, and it administers more grant dollars than all other federal agencies combined. HHS’ Medicare program is the nation’s largest health insurer, handling more than 1 billion claims per year. Medicare and Medicaid together provide health care insurance for one in four Americans.

  • Health Care Compliance Association

    HCCA exists to champion ethical practice and compliance standards and to provide the necessary resources for ethics and compliance professionals and others who share these principles. The vision of HCCA is to be the pre-eminent compliance and ethics association promoting lasting success and integrity of organizations worldwide.

  • Healthcare Billing and Management Association (HBMA)

    A non-profit, member-led trade association, the Healthcare Billing & Management Association (HBMA) represents more than 600 third-party medical billing firms. Founded in 1993, HBMA fosters personal development, advocates on the behalf of the medical billing profession and promotes cooperation through a wide range of business resources, educational events, networking opportunities, certification programs and enforcement of the Medical Biller's Code of Ethics.

  • National Committee for Quality Assurance - Health Care

    The National Committee for Quality Assurance is a private, 501(c)(3) not-for-profit organization dedicated to improving health care quality. Since its founding in 1990, NCQA has been a central figure in driving improvement throughout the health care system, helping to elevate the issue of health care quality to the top of the national agenda.

  • National Health Care Anti-Fraud Association

    Founded in 1985 by several private health insurers and federal and state government officials, the National Health Care Anti-Fraud Association is the leading national organization focused exclusively on the fight against health care fraud. We are a private-public partnership — our members comprise more than 100 private health insurers and those public-sector law enforcement and regulatory agencies having jurisdiction over health care fraud committed against both private payers and public programs.

  • National Health Law Program (NHeLP)

    Founded in 1970, the National Health Law Program (NHeLP) is a public interest law firm working to advance access to quality health care and protect the legal rights of low-income and underserved people. NHeLP serves legal services programs, community-based organizations, the private bar, providers and individuals who work to preserve a health care safety net for the millions of uninsured or underinsured low-income people.

  • Office for Human Research Protections

    The Office for Human Research Protections (OHRP) provides leadership in the protection of the rights, welfare, and wellbeing of subjects involved in research conducted or supported by the U.S. Department of Health and Human Services (HHS).

  • Office of Human Services Policy

    The Office of Human Services Policy (HSP)/HHS’ Chief Economist focuses on welfare, poverty, service delivery issues, data for research, policies affecting children, youth, and families, and economic matters affecting the Department. HSP is in the Office of the Assistant Secretary for Planning and Evaluation in the Department of Health and Human Services.

Publications Related to Health Care Law

  • Health Affairs

    Health Affairs is the leading journal of health policy thought and research. The peer-reviewed journal was founded in 1981 under the aegis of Project HOPE, a nonprofit international health education organization. Health Affairs explores health policy issues of current concern in both domestic and international spheres.

  • Kaiser Health News (KHN)

    Kaiser Health News (KHN) is a nonprofit news organization committed to in-depth coverage of health care policy and politics. KHN’s mission is to provide high-quality coverage of health policy issues and developments at the federal and state levels. In addition, KHN covers trends in the delivery of health care and in the marketplace.

  • Modern Healthcare

    Modern Healthcare is the industry's leading source of healthcare business and policy news, research and information. We report on important healthcare events and trends, as they happen, through our weekly print magazine, websites, e-newsletters, mobile products and events. Our readers use that information to make informed business decisions and lead their organizations to success. It's for this reason that Modern Healthcare magazine is ranked No. 1 in readership among healthcare executives and deemed a "must-read" by the who's who in healthcare.

  • Reuters Health

    Reuters Health provides daily breaking news coverage of the global pharmaceutical, medical and consumer health sectors. Timely and authoritative, Reuters Health is a must-have resource for those managing doctor and patient facing websites, healthcare-focused publications, pharmaceutical industry corporate intranets and health sector information services.

Articles Related to Health Care Law

  • Zoloft Lawsuit for Birth Defects Related to the Use of Sertraline
    Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
  • The da Vinci Robot, More Harm than Good?
    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.
  • Disability Benefits for Fibromyalgia: Why you Might Need it
    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.
  • Is ASC Litigation on the Rise?
    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.
  • Prisoners and Social Security Disability Benefits
    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.
  • The Scent of Jasmine
    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.
  • Rhode Island Medical Malpractice Lawyers: Case Digest Malpractice Insurance
    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.
  • Healthcare Fraud Whistleblower Lawsuits Plentiful
    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.
  • Social Security Disability - Expedited Handling of Compassionate Allowance Cases
    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.
  • Can I Get Disability For PTSD (Post Traumatic Stress Disorder)?
    I often hear the same questions over and over again related to specific injuries or aliments and whether or not they qualify a person to receive Social Security Disability benefits. This article deals with the question "Can I Get Disability For PTSD?"
  • All Health Care and Social Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Health Care and Social including: defective drugs, failure to diagnose, informed consent, medical law, medical malpractice, medication errors, pharmaceutical law, social security, social services law, surgical errors.


Posted at 01:42 am by Medical Law
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(7) PHARMACEUTICAL LAW

What is Pharmaceutical Law?

Pharmaceutical Laws relate to the creation, sale, distribution, and use of pharmaceutical drugs. These laws include intellectual property rights to protect drug manufacturers’ research, safety standards to protect the public from harmful side effects, restrictions on marketing drugs to the public, and rules regarding how drugs may be prescribed and distributed.

Intellectual Property

Pharmaceutical discoveries, and advances in biomedical research, have created a multi-billion dollar industry. With stakes so high, it is important for companies to be able to protect their investments. This is typically done through the use of patents. Patents can apply to the method of synthesizing a drug, the chemical makeup of a new molecule, or possibly even to certain genetic discoveries. There are many other potential uses for patents in the field of pharmaceutical law, as well.

Trademarks and copyrights also play a role in pharmaceutical law. After all, just as with any product, brand identification can be a key to success in marketing and brand loyalty.

Safety and Marketing

Another important area of pharmaceutical law is in product safety and marketing. Pharmaceuticals are among the most highly regulated products in the U.S., and must pass stringent testing by organizations such as the Food and Drug Administration (FDA) before they are even allowed onto the market. However, these products could still be misused, even if approved for their intended purpose. As such, strict laws regarding how these drugs can be marketed both to individuals and to doctors prevent false and misleading claims. If, as has often been the case, later research discovers a product is not safe, other laws are in place to immediately compel the recall of the product from the marketplace and prevent its further sale.

Distribution

Of course, many drugs are considered controlled substances in the U.S. As a result, very strict guidelines exist for which drugs may be sold without a prescription (i.e., over-the-counter) and which may only be given if approved of by a licensed medical practitioner. Other laws make it a crime to prescribe medications that are in quantities that are intended for distribution on the black market or that would be harmful to the patient. Still others criminalize the resale of prescription drugs.

More Information

For more information about pharmaceutical law, please visit the resources listed below. You can also find an attorney who can answer your questions or assist you with your pharmaceutical law issues by visiting our Law Firms page and searching for a lawyer in your area.

 

Pharmaceutical Law - US

  • Cyber Pharmaceuticals

    In today's fast growing world of e-commerce, prescription drugs have joined the ever-expanding list of products customers can conveniently order online and have delivered to their front doors. But unlike most other consumer items available for purchase online, pharmaceutical sales present a discrete mix of legal, social and medical issues.

  • FDA Regulations Relating to Good Clinical Practice and Clinical Trials

    Each time Congress enacts a law affecting products regulated by the Food and Drug Administration, the FDA develops rules to implement the law. The FDA takes various steps to develop these rules, including publishing a variety of documents in the Federal Register announcing the FDA's interest in formulating, amending or repealing a rule, and offering the public the opportunity to comment on the agency's proposal.

  • Federal Food, Drug, and Cosmetic Act

    The FDA's online reference edition of the Federal Food, Drug and Cosmetic Act is based on the publication Compilation of Selected Acts Within the Jurisdiction of the Committee on Energy and Commerce; Food, Drug, and Related Law, As Amended Through December 31, 2004, prepared for the use of the Committee on Energy and Commerce, U.S. House of Representatives, March 2005.

  • Food and Drug Law Institute

    The Food and Drug Law Institute, founded in 1949, is a non-profit organization that provides a marketplace for discussing food and drug law issues through conferences, publications and member interaction. The scope of FDLI includes food, drugs, animal drugs, biologics, cosmetics, diagnostics, dietary supplements, medical devices and tobacco. As a not-for-profit 501(c)(3) organization, FDLI does not engage in advocacy activities.

  • Hatch-Waxman Act

    The Hatch-Waxman Amendments amended the Federal Food, Drug, and Cosmetic Act (FD&C Act) and created a statutory generic drug approval process with section 505(j). Section 505(j) established the abbreviated new drug application (ANDA) approval process, which permits generic versions of previously approved innovator drugs to be approved without submitting a full new drug application (NDA). An ANDA refers to the previously approved NDA (the “listed drug”) and relies on the Agency’s finding of safety and effectiveness for the listed drug product.

  • IRS - Pharmaceutical Industry Overview of Significant Laws

    This overview is designed to provide industry-related information to all Large Business and International (LB&I). This is the first step in the effort of LB&I to develop a greater level of expertise in the industry or industries to which you will be assigned. This overview is one of a series of industry specific overviews.

  • Pharmaceutical Market Access Act

    A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs, and for other purposes.

  • Pharmacist Code of Ethics and Oath

    Pharmacists are health professionals who assist individuals in making the best use of medications. This Code, prepared and supported by pharmacists, is intended to state publicly the principles that form the fundamental basis of the roles and responsibilities of pharmacists. These principles, based on moral obligations and virtues, are established to guide pharmacists in relationships with patients, health professionals, and society.

  • Prescription Drug User Fee Act

    For nearly 20 years, the mission of the Prescription Drug User Fee Act has been to advance public health, safeguard patient safety and give patients more timely access to new, life-saving medicines. The program was created in response to a perilous regulatory bottleneck that slowed patient access to the medicines.

  • The Office of Prescription Drug Promotion (OPDP)

    OPDP reviewers have responsibility for reviewing prescription drug advertising and promotional labeling to ensure that the information contained in these promotional materials is not false or misleading. Formerly Division of Drug Marketing, Advertising, and Communications (DDMAC).

  • United States Drug Enforcement Agency

    The mission of the Drug Enforcement Administration (DEA) is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets.

Organizations Related to Pharmaceutical Law

  • American Association of Colleges of Pharmacy (AACP)

    Founded in 1900, the American Association of Colleges of Pharmacy (AACP) is the national organization representing pharmacy education in the United States. The mission of the Association is to both represent and be an advocate for all segments of the academic community in the profession of pharmacy.

  • American Pharmacists Association (APhA)

    The American Pharmacists Association (APhA) is the organization whose members are recognized in society as essential in all patient care settings for optimal medication use that improves health, wellness, and quality of life.

  • American Pharmacists Association Foundation

    The American Pharmacists Association Foundation is a not for profit 501(c)(3) organization headquartered in Washington, DC and is affiliated with the American Pharmacists Association (APhA), the oldest and largest national professional society of pharmacists in the United States. The APhA Foundation looks to create a new medication use system where patients, pharmacists, physicians and other health care professionals collaborate to dramatically improve the cost effectiveness and quality of consumer health outcomes.

  • Department of Health and Human Services (HHS)

    The Department of Health and Human Services (HHS) is the United States government’s principal agency for protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves.

  • International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH)

    The International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH) is unique in bringing together the regulatory authorities and pharmaceutical industry of Europe, Japan and the US to discuss scientific and technical aspects of drug registration. Since its inception in 1990, ICH has evolved, through its ICH Global Cooperation Group, to respond to the increasingly global face of drug development, so that the benefits of international harmonisation for better global health can be realised worldwide.

  • International Federation of Pharmaceutical Manufacturers and Associations (IFPMA)

    The IFPMA was founded in 1968 as a global, non-profit, non-governmental organization. With members across the world and a secretariat based in Geneva, Switzerland, the IFPMA represents the research-based pharmaceutical industry, including the biotechnology and vaccine sectors. Our members comprise leading international companies as well as national and regional industry associations, in both developed and developing countries, across all five continents. Our primary role is to represent our members' views in dialogue with global intergovernmental organizations, the diplomatic missions of national governments and specialized non-governmental organizations.

  • National Association of Boards of Pharmacy

    The National Association of Boards of Pharmacy is an impartial professional organization that supports the state boards of pharmacy in creating uniform regulations to protect public health.

  • National Council for Prescription Drug Programs

    NCPDP creates and promotes the transfer of data related to medications, supplies, and services within the healthcare system through the development of standards and industry guidance. The organization provides a forum and support wherein our diverse membership can efficiently and effectively develop and maintain these standards and guidance through a consensus building process in collaboration with other industry organizations. NCPDP also offers its members resources, including educational opportunities and database services, to better manage their businesses.

  • Pharmaceutical Research and Manufacturers of America (PhRMA)

    The Pharmaceutical Research and Manufacturers of America (PhRMA) represents the country’s leading pharmaceutical research and biotechnology companies, which are devoted to inventing medicines that allow patients to live longer, healthier, and more productive lives. PhRMA companies are leading the way in the search for new cures. PhRMA members alone invested an estimated $45.8 billion in 2009 in discovering and developing new medicines. Industry-wide research and investment reached a record $65.3 billion in 2009.

  • United States Food and Drug Administration

    The FDA is responsible for protecting the public health by assuring the safety, efficacy, and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation, and by regulating the manufacture, marketing, and distribution of tobacco products.

Publications Related to Pharmaceutical Law

  • American Journal of Pharmaceutical Education

    The American Journal of Pharmaceutical Education (AJPE) is the official publication of the American Association of Colleges of Pharmacy (AACP). Its purpose is to document and advance pharmaceutical education in the United States and Internationally. The Journal considers material in all areas related to pharmaceutical education. Through open-access Internet publication the Journal intends to take full advantage of the electronic medium; this includes the publication of articles with multimedia features, encompassing 3D graphics, video, interactive figures and databases, and sound.

  • FDA - Prescription Medicine Online - Consumer Safety Guide

    The Internet has changed the way we live, work and shop. The growth of the Internet has made it possible to compare prices and buy products without ever leaving home. But when it comes to buying medicine online, it is important to be very careful. Some Web sites sell medicine that may not be safe to use and could put your health at risk.

  • FDA Drug Development and Approval Process

    American consumers benefit from having access to the safest and most advanced pharmaceutical system in the world. The main consumer watchdog in this system is the U.S. Food and Drug Administration's Center for Drug Evaluation and Research (CDER). The center's best-known job is to evaluate new drugs before they can be sold. The center's evaluation not only prevents quackery, but also provides doctors and patients the information they need to use medicines wisely.

Articles on Related to Pharmaceutical Law

  • Oseonecrosis of the Jaw and Fosamax
    Has the medication which is designed to help bone growth been linked to bone disease?
  • Has the Disease Finally Arrived for the Cure?
    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?
  • Is Pradaxa an Anticoagulant Without an Antidote?
    At least the commonly used anticoagulant, Warfarin, could be reversed when needed, can the same be said of the new generation of anticoagulants?
  • Testosterone Lawsuits Continue to Rise
    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.
  • New Study Shows that Testosterone May Have Negative Impact on Brain
    Testosterone has been linked to a number of serious side effects, including stroke and heart attack, and now a new study has found that the use of testosterone in certain men may have a negative impact on the brain.
  • Testosterone Lawsuits Go Before Judicial Executive Committee
    Testosterone lawsuits continue to mount against the makers of various testosterone supplements, and a Judicial Executive Committee was recently created to centralize at least 30 of those lawsuits which allege that testosterone caused heart attacks, strokes, and other injuries. The consolidated cases are pending before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois.
  • Androderm Lawsuit Filed in California Court After Testosterone Therapy Linked to Cardiac Events
    Testosterone lawsuits are being filed across the United States against drug manufacturers like Eli Lilly and Watson Pharmaceuticals who make prescription testosterone. Men claim to have suffered heart attacks, strokes, and pulmonary embolisms after taking prescription testosterone drugs.
  • Nevada State Athletic Commission Bans Testosterone Replacement Therapy from Combat Sports
    The Nevada State Athletic Commission (NSAC) has banned testosterone-replacement therapy from combat sports, including boxing and mixed martial arts. The decision was made based on evidence that testosterone unnaturally increases the athlete’s competitive abilities and that it is not a necessary medical treatment for many of its users.
  • Talc and Other Dangerous Personal Care Products
    The cosmetic and personal hygiene industry is a multi-billion dollar industry. The United States cosmetic industry alone is the largest in the world, with total revenue in excess of $54 billion. Unfortunately, not all cosmetic and personal care products are safe for use and some are even linked to serious medical conditions – yet they remain on store shelves. Some of the most dangerous personal care products on the market today are talc-based products.
  • Johnson & Johnson Found Liable in Baby Powder Lawsuit
    Talc is used in a number of cosmetic and personal hygiene products, such as baby powder and feminine body powders. But new evidence and a recent lawsuit suggested that, despite its widespread use, talcum powder could be incredibly dangerous.
  • All Health Care and Social Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Health Care and Social including: defective drugs, failure to diagnose, informed consent, medical law, medical malpractice, medication errors, pharmaceutical law, social security, social services law, surgical errors.


Posted at 01:48 am by Medical Law
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