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New Jersey Health Care Law Questions & Answers
1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Municipal Law for New Jersey on
Q: I'm in need of a notice of tort claim against an officer (law enforcement) in NJ. Where do you obtain the right form?

Owed me a duty, broke into my locked room with body-worn cameras when I had no medical condition.

Just called dispatcher for noise complaint

James L. Arrasmith
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answered on Mar 2, 2024

In New Jersey, to file a notice of tort claim against a law enforcement officer, you will need to use a specific form that complies with the New Jersey Tort Claims Act. This form serves as a preliminary step to formally notify the relevant government entity of your intention to sue. The Notice of... View More

1 Answer | Asked in Personal Injury and Health Care Law for New Jersey on
Q: Can you sue a hospital in NJ for negligence, but the word COVID is attached?

It’s not because of contracting Covid but because they didn’t do enough to care for a high risk patient and then patient lost organs, health, career, etc.

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

The best way to answer your question would be to reach out to attorneys to try to arrange a consultation. Most law firms that handle such cases offer free initial consults. In terms of your theory related to COVID, that's something that would involve further review. No one here could offer an... View More

1 Answer | Asked in Education Law, Civil Rights and Health Care Law for New Jersey on
Q: Rights of a Type 1 diabetic student at a private school and responsibilities of the school to the student -

The condition of a student who has been enrolled for over two years at a private school that does not employ a nurse or other medically trained staff has recently become dysregulated. The parent claims that a medical professional is not needed for this level of diabetes - that coaches and... View More

James L. Arrasmith
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answered on Jan 21, 2024

In this situation, the rights of a Type 1 diabetic student at a private school in New Jersey are governed by federal and state laws that protect students with disabilities, including those with medical conditions. The school has a legal responsibility under the Americans with Disabilities Act (ADA)... View More

1 Answer | Asked in Insurance Bad Faith, Health Care Law and Insurance Defense for New Jersey on
Q: Where do I find a successful attorney for insurance denial of services?

Residence is Robbinsville NJ.Employment is Philadelphia SEPTA through Independence BC/Keystone Health Plan East.

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2023

Attorneys here can't respond with offers of their services - the format here is limited to general Q & A; no referrals or solicitation. One option could be to supplement your own independent attorney searches with the "Find a Lawyer" tab above. It lists attorneys by region and... View More

1 Answer | Asked in Family Law and Health Care Law for New Jersey on
Q: what type of lawyer do you use to get cause of death corrected on death certificate

my son died from cancer 3yrs 1 mo ago, attending physician was dr wax who treated him for 2 yrs at summit me group now known as summit health. he died at overlook hosp summit 9/16/20. dr. wax saw him on each occasion when he was admitted to overlook, my son received chemo and other treatments and... View More

James L. Arrasmith
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answered on Oct 22, 2023

If you wish to correct the cause of death on a death certificate in New Jersey, you may consider consulting with an attorney well-versed in medical malpractice or health law. They can guide you on the appropriate legal steps to take in challenging a medical determination. You might consider... View More

1 Answer | Asked in Employment Law and Health Care Law for New Jersey on
Q: As a healthcare provider, if you get fired before completing paperwork, are you legally responsible for finishing it?

My boss fired me for no reason other than "we're moving in another direction." This action was discriminatory, as other employees were accused and reprimanded for not completing job responsibilities costing the company profits but were given multiple chances to correct their... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

An employment attorney could answer best, but your question remains open for two weeks and also crosses into Health Care Law. You could consider asking your employer for instructions on how to handle paperwork that remains uncompleted, since medical office records could contain patient information... View More

1 Answer | Asked in Health Care Law for New Jersey on
Q: Is it legal for me to be someones authorized representative on their nj family care application and charge a fee?
T. Augustus Claus
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answered on Aug 25, 2023

In New Jersey, serving as an authorized representative on someone's NJ FamilyCare application is generally allowed, and individuals can assist with the application process without necessarily being paid a fee. However, if you plan to charge a fee for providing this service, it's important... View More

1 Answer | Asked in Health Care Law for New Jersey on
Q: I'm seeing 2 psychiatrist, is the first one allowed to get in touch with the 2nd one without my consent
James L. Arrasmith
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answered on Aug 6, 2023

A mental health professionals must generally obtain your written consent before sharing your medical information with other healthcare providers, unless the disclosure falls under certain exceptions such as emergencies or continuity of care. If you have not provided such consent, the first... View More

2 Answers | Asked in Employment Law and Health Care Law for New Jersey on
Q: Coworker announced I was leaving early for medical procedure, is that against HIPPA?

I have MS and need to leave my job early 1x a month to get a medical infusion with my medications. This week, a member of the dispatch team announced Via email that I was leaving early for an infusion. This went to over 10 of my coworkers. Is this something that I can seek action on against my... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

It is unlikely that your employer is a "covered entity." If it is, and there have not been repeated violations, it is possible your employer could be subject to a fine for disclosing this information. Depending upon the facts and circumstances, including whether the covered entity... View More

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1 Answer | Asked in Family Law, Child Custody and Health Care Law for New Jersey on
Q: What are the COVID guidelines in New Jersey for noncustodial supervised visitation?

The supervisor of these visits tested positive for covid.

Richard Diamond
Richard Diamond
answered on Aug 15, 2023

If the supervision is through an agency or program, I presume that they have other supervisors available. If its a private person acting as a supervisor, then I presume that you need to speak with the supervisor about finding a replacement acceptable to you and to your former partner.

I...
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1 Answer | Asked in Contracts, Collections and Health Care Law for New Jersey on
Q: am a marketer for med labs. Did not get paid for covid related testing. Need a lawyer to recover $ will share around 70k

I worked for few labs during covid testing. They are not paying me for my services. Amount is around 70k. I need a lawyer to work with me to recover those funds.

In past i have seen that labs hate to deal with lawyers n settle or pay asap. Plus i know few things about those labs work... View More

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2023

It is difficult for attorneys here to respond with an offer of their services. This isn't set up like an attorney referral service - the format basically brief Q & A. One option, in addition to your own searches is the tab above, "Find a Lawyer," or the attorney referral services... View More

1 Answer | Asked in Health Care Law for New Jersey on
Q: Is this helpful when writing an appeal to my Health Insurance company? Do they have to cover off label medication?
Tim Akpinar
Tim Akpinar
answered on Dec 1, 2022

Something may have gotten left off your post when you uploaded, in terms of what it is that's helpful. In terms of coverage for medications, review any details provided in the denial or EOB - whether denial is based on policy grounds, medical necessity, referring provider, or other reason.... View More

2 Answers | Asked in Estate Planning, Family Law and Health Care Law for New Jersey on
Q: Is there a simple template or fill-in last will and testament that I can get to fill out for a relative?
Leonard R. Boyer
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answered on Jul 12, 2022

That would be practicing law without a license. "Template" legal documents are rarely worth the paper they are printed on. If your friend cannot afford a private attorney, then that person needs to contact NJLS or law school legal clinics.

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1 Answer | Asked in Civil Rights, Health Care Law, Small Claims and Landlord - Tenant for New Jersey on
Q: Do I have legal action in New Jersey to get my neighbors to stop smoking cigarettes? It is affecting our health badly.

I am pretty desperate to find someone who can help me with my situation. I live in an apartment. I have had an issue for over a year now with my neighbors chain smoking. They recently did renovations on all of the apartments. It made it worse. They did not do a good job and my apartment is filled... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 12, 2022

Every lease is deemed to include the provision of quiet enjoyment. This places a obligation on the Landlord to insure that the premises are safe and not unhealthy. So if the Landlord refuses to take any action to correct the situation, consider filing suit against the Landlord for breach of... View More

1 Answer | Asked in Health Care Law and Small Claims for New Jersey on
Q: prepaid services/testing not rendered

If someone prepaid services (testing) to a health practitioner and was unable to go through the testing, does the client have a right to a refund (or partial refund minus the unused test kit.)

Nancy

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2022

It would depend on the terms of the prepaid plan. You could review the plan agreement and check the paragraphs about termination, cancellation, refunds, etc. Look for any additional obligations involving testing labs. If the terms of the plan agreement seem to be against you, or they do not address... View More

2 Answers | Asked in Personal Injury, Car Accidents, Health Care Law and Medical Malpractice for New Jersey on
Q: Lawyer never filed suits and statute of limitations have expired and is offering $15,000 check seems hush money

My mom had a lawyer who was a friend of her friends, she hired him to file a few suits pertaining to personal injury and malpractice. He never filed the suits and now offered her a check for $15,000 along with a letter stating if she cashes the check it releases him from the fault of not processing... View More

Gerald D. Siegel
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answered on Mar 20, 2022

#1, it is unethical for a lawyer who blows a statute to try to settle with you without you being informed of your right to counsel and you obtaining an attorney. I strongly urge you not to accept any offer and cash the attorney's check without speaking with a personal injury lawyer who is... View More

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1 Answer | Asked in Consumer Law, Contracts and Health Care Law for New Jersey on
Q: Zoll medical forced him to take home a 4000 per month product under duress. How can he stop them, cancel.

He was told his discharge from the hospital would not be allowed unless he took the Zoll company product. Otherwise the hospital would not let him go home.

Because he had no choice he took the Zoll company product that he did not want but was forced into accepting. If he was not released he... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 18, 2022

Based on your brief description, I would argue that the requirement to accept the Zoll equipment is a contract of adhesion and not enforceable. You failed to mention whether there were other equipment available or other procedures which did not require the equipment. In any case, you have a... View More

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for New Jersey on
Q: I want to file a civil complaint in the District court of NJ pro se and In forma Pauperus .

Where do I need to send the complaint to if it is: 1. local police department 2. county prosecutors office 3. County Correctional center 4. Apartment complex All include multiple defendants .

Do I send it to the District court with the complaint and copies and summons or what paperwork... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2021

You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... View More

2 Answers | Asked in Federal Crimes, Family Law, Health Care Law and Probate for New Jersey on
Q: Is knowingly submitting false information or hiding relevant information on a Medicaid recovery claim document fraud?

I live in the state of New Jersey. My sister is currently administering my late mother’s estate, which includes a Medicaid lien of 200 thousand dollars (including additional charges). Medicaid sent notice to the estate administrator to provide a full accounting of the my late mother’s estate.... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 27, 2021

Yes submission of knowingly false information to the government is a criminal act. The possible maximum penalties are quite severe. I suggest you speak to an attorney with experience in handling federal criminal acts.

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4 Answers | Asked in Immigration Law, Civil Litigation, Civil Rights and Health Care Law for New Jersey on
Q: HIV positive Ayslum requested

Dear Sir/Madam

I came to the USA on 12 November 2020 from Freetown Sierra Leone . I have a bad news from when I was sick I went to the medical hospital they told me the I am HIV positive.

I have to tell the news back home to my friend and relatives but I could not bear what they... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Oct 31, 2021

Sorry to hear this. You can apply for asylum but be prepared to present a lot of evidence to back up your claim. Good luck.

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