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Should TikTok Doctors Owe Any Duty of Care Toward Their Followers?

Bill of Health

By Sarah Gabriele Doctors are now using social media platforms to spread medical knowledge and to interact with the communities that they are actively building. A recent survey showed that almost 1 in 5 Americans now turn to TikTok before their doctor for health advice.

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Hospitals That Ditch Masks Risk Exposure

Bill of Health

Likewise, hospitals cannot necessarily avoid liability by arguing that patients consent to unmasked care. Many patients cannot voluntarily consent to this: they require urgent care, are too young, or have a cognitive impairment. By Nina Kohn and Irina D.

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The Dr. Oz Paradox

Bill of Health

Such bad advice, which could get any doctor in legal trouble if disseminated to their patients, may be given to the public at large without fear of sanction. We march into battle with the army we have, and doctors around the world are choosing hydroxychloroquine more than any other solution.

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Ethics Education in U.S. Medical Schools’ Curricula

Bill of Health

As medical care advanced — and categories like “ brain death ” emerged — doctors found themselves facing challenging new dilemmas and old ones more often. Correspondingly, most medical school ethics courses review issues related to consent, end-of-life care, and confidentiality.

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A Precautionary Approach to Touch in Psychedelic-Assisted Therapy

Bill of Health

Amid accelerating interest in the use of psychedelics in medicine, a spate of recent exposés have detailed the proliferation of abuse in psychedelic therapy, underscoring the urgent need for ethical guidance in psychedelic-assisted therapies (P-AT), and particularly relating to touch and consent.

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Responding to the Comeback of He Jiankui, ‘The CRISPR Baby Scientist’: Lessons from Criminal Justice Theory

Bill of Health

As the scientific community grapples with how to respond, theories of criminal justice can provide important perspectives to better inform the conversation surrounding Dr. He’s return to research.

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Reflections on Procedural Barriers to Pediatric COVID Vaccine Access

Bill of Health

Protect Their Future created a space where doctors and parents could advocate with a unified voice. Doctors and parents used the group to collectively make public calls to agencies like the FDA and U.S. As a first step, we need our health agencies to keep the public informed.

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Could Self-Operated Assisted Suicide Devices Be Coming to a Town near You?

Bill of Health

Death” by some — has made it his mission to “ demedicalize death ” by removing doctors from the process of assisted suicide and bringing suicide devices directly into the hands of individuals seeking to end their own lives. By Matthew Chun.

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A New Theory for Gene Ownership

Bill of Health

After conducting a biopsy on her tumor, her doctors learned that her cancer cells reproduced uniquely effectively. No doubt her doctors’ behavior was not consistent with today’s standards of informed consent. By James Toomey.

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How to Assess the Impact of Medical Ethics Education

Bill of Health

But many routine practices — assessing capacity, acquiring informed consent, advance care planning, and allocating resources, for instance — are. By Leah Pierson.

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Bringing eConsent to the Intensive Care Unit

Healthcare IT Today

Director & General Manager, Patient Consent at IQVIA. The Challenge of Informed Consent in the ICU. Still, obtaining informed consent to participate in a clinical trial in these scenarios can be challenging.

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Does the Right to Health Enhance Patient Rights?

Bill of Health

Health systems should also be built upon a basic set of guidelines and principles, made through legislation or legally enforceable guidance documents, that ensure ethical doctor and patient relationships in medical decision-making and treatment. By Luciano Bottini Filho.

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Crescendo Health Launches to Improve and Accelerate Clinical Trials By Unlocking Patient Health Data

Healthcare IT Today

Patients participating in clinical trials generate valuable health data throughout their healthcare journey, so researchers shouldn’t be limited to information gathered in the four walls of a research clinic. For more information, please visit crescendo.health.

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Real-World Data Startup Crescendo Health Launches with $3.2M

HIT Consultant

Crescendo partners with research sponsors like pharma/biopharma, medical device makers and contract research orgs to get informed consent from study participants, then collects all of their longitudinal data from their providers, payers, EHRs, pharmacy claims, and even previous clinical trials.

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Harms and Biases Associated with the Social Determinants of Health Technology Movement

Bill of Health

SDOH interventions typically involve screening patients within a clinical setting using trusted health care providers (nurses, doctors, community health workers, case managers, social workers, etc.) Informed Consent and Refusal. By Artair Rogers.

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A Brief History of Abortion Jurisprudence in the United States

Bill of Health

The first required a woman seeking an abortion to furnish “informed consent” prior to the procedure and stipulated that “she be provided with certain information at least 24 hours before the abortion is performed.” By James R. Jolin.

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Orientation to the Operating Room for Sales Professionals

American Medical Compliance

They are helpful in the operating room because they are technologically informed. This may require patient consent, and other administrative practices to be taken. Patient consent is a fundamental aspect of the approval process that cannot be ignored.

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Weekly Roundup – September 3, 2022

Healthcare IT Today

Read more… Addressing Informed Consent Challenges in the ICU. Patients in intensive care are often unable to provide consent , which means they may miss opportunities to receive investigational treatments. Welcome to our Healthcare IT Today Weekly Roundup.

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Her First Colonoscopy Cost Her $0. Her Second Cost $2,185. Why?

Kaiser Health News

So when her primary care doctor suggested she be screened for colorectal cancer in September, Melville dutifully prepped for her colonoscopy and went to New London Hospital’s outpatient department for the zero-cost procedure.

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3 Predictions for Post-COVID Clinical Trial Decentralization

HIT Consultant

By the end of the year, I expect the majority of sites will have an electronic Investigator Site File (eISF) and electronic informed consent (eConsent). Marc Leighton, VP of Product at Florence Healthcare.

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Risks of dispensing ivermectin

Natalia Mazina

The biggest issue with these prescriptions is that they are often prescribed by “online doctors” for large doses.

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SQA Regulatory Surveillance Summary | Monthly Update 2022 – Spring

SQA

For Investigator Sites, the subject areas are Organizational Aspects, Informed Consent of Trial Participants, Review of Trial Participant Data, and Management of Investigational Medicinal Product(s). USB or CD), and the frequent electronic exchange of medical device-related health information. Patients currently taking the products should consult with their doctor or healthcare provider about alternative treatment options.

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Health Provider News – February 10, 2023

Hall Render

Aguiar-Curry about informed consent legislation Hollister’s only hospital has bought itself more time, but could still run out of cash in March Dignity Health California named in Newsweek’s list of America’s most diverse workplaces Davis-founded infant nutrition startup Infinant Health names former Cargill director Mike Johnson new CEO Can telemedicine kick type 2 diabetes to the curb?

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Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

Further, “both doctors testified that they still prescribe [the drug] for patients with conditions similar to plaintiff’s condition.” that he had considered the information that Plaintiff claims was wrongfully omitted. . .,

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Unimpressed Learned Intermediaries Defeat Warning Causation

Drug & Device Law

The law presumes that licensed doctors know what they are doing. Causation was defeated, in part, by the prescribing physician’s testimony that “he did not consider the information contained in the [updated] label to be significant enough to change his prescribing practices.”

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Suing the Certifiers – A Dangerous Undertaking

Drug & Device Law

This goes beyond the attacks on industry groups for disseminating information that plaintiffs didn’t like, which we had previously thought to be a liability frontier. Anyway, this fraudulent “doctor” allegedly “touched them without informed consent” and caused them “emotional distress.

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How Can A Plaintiff Prove Warnings Causation? The Ninth Circuit Wants To Know

Drug & Device Law

Or can the plaintiff establish causation by showing that the physician would have informed the plaintiff of the stronger warning and that a prudent person in the patient’s position would have declined treatment? If my doctor had informed me, I would not have consented to the treatment.

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Who Needs a Lawyer in the Eleventh Circuit?

Drug & Device Law

This time, plaintiff pleaded “1) violation of [defendant’s] premarket approval; 2) breach of implied warranty; and 3) lack of informed consent (failure to warn).” Id. She also tried to sue three new defendants – a doctor, a medical society and the FDA itself. Jacob v.

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D. New Mexico Upholds Vaccine Employment Mandate

Drug & Device Law

Then, after said father and son came down with Covid, they refused the treatments recommended by the doctors. The father and son were convinced that doctors were recommending the wrong treatments because the doctors received bonuses for recommending such treatments.

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No DTC Advertising Exception to Learned Intermediary Rule in Washington

Drug & Device Law

The court rejected plaintiff’s argument that changes in the doctor/patient relationship and increased DTC advertising have eroded the policy justification for the learned intermediary rule. But that does not mean that a doctor “abdicates [his] duty to exercise independent judgment.”

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Lovely Warnings Causation (and More) Mesh Decision from the Central District of California

Drug & Device Law

However, the undisputed facts also reflect that [the doctor] never testified she would have changed her prescribing decision or given a different warning.” Note that this is just a little murky: what the doctor would have told the patient does seem to be on the table in the court’s analysis.

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S.D. Texas Trims Back Mesh Plaintiff Regulatory Expert Opinions

Drug & Device Law

So much for judicial gate-keeping, Inadequate Warnings to Doctors. But the defendant pointed to 21 CFR section 801.109(c), which says that labels may omit information “commonly known” to licensed medical practitioners. No Informed Consent.

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Minnesota Court Holds There is No Right to Compel a Pharmacy to Dispense Ivermectin

Drug & Device Law

The plaintiffs in Salier sued pharmacies that refused to fill prescriptions for ivermectin and hydroxychloroquine written by an out-of-state, online “controversial” doctor. But the plaintiffs conceded that the online doctor did not, in fact, breach her contract.

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FDA Safety Communication Not Enough to Support Punitive Damages Claim in New Jersey

Drug & Device Law

At her second appointment, her surgeon informed her that her MRI revealed a uterine fibroid that required surgery. Within days, the hospital convened a “power morcellation group” tasked with drafting an informed consent form that would reflect the FDA’s concerns.

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Doctors Without Burdens:  Another Mesh Court Goes Backwards

Drug & Device Law

Larkin did not discuss the standard for proximate causation or suggest, as Thacker implies, that informed consent is part of the inquiry. It focused squarely on the doctor. Maybe we have been doing this too long.

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