Healthcare Law News & Legal Analysis

Patients have the right to informed consent, meaning you must be told about the risks, benefits, and alternatives of any proposed treatment before agreeing to it. You have the right to access your medical records, the right to refuse treatment, the right to privacy under HIPAA, and the right to receive non-discriminatory care.

Yes. If a drug caused you harm due to a defective design, a manufacturing defect, or a failure to adequately warn about known risks, you may have a product liability claim against the manufacturer. The fact that the FDA approved a drug does not immunize the manufacturer from liability.

Insurance denials can be appealed through the insurer's internal appeals process and, in some cases, through an independent external review. If the denial was wrongful, you may have a bad faith insurance claim against the insurer. The ACA requires insurers to provide clear explanations for denials and to offer appeals processes.

Informed consent requires healthcare providers to explain a proposed procedure or treatment in terms you can understand, and to obtain your voluntary agreement before proceeding. Performing a procedure without informed consent can constitute both a battery and medical malpractice, even if the procedure was technically successful.

The False Claims Act allows individuals to file whistleblower lawsuits against healthcare providers who defraud federal healthcare programs like Medicare and Medicaid. Successful whistleblowers can receive a portion of the government's recovery. Healthcare fraud costs taxpayers billions annually.