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COVID-19 Health Care Law Questions & Answers
1 Answer | Asked in Immigration Law, Health Care Law and Social Security for Illinois on
Q: I am an undocumented immigrant i overstayed my H1B visa, I am a covid long hauler and my SS disability approved

approved year 2020, according to SSA they will begin to pay my benefits if my alien status changes or if i leave the US. i need a legal advice on these. thank you

James L. Arrasmith
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answered on Apr 15, 2024

For your situation, it is crucial that you consult with a qualified immigration attorney who can assess the specifics of your case and provide personalized recommendations.

That said, here is some general information that may be helpful:

1. Overstaying your H1B visa can have serious...
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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

2 Answers | Asked in Family Law, Child Custody and Health Care Law for New York on
Q: Is it illegal a child's mom forces the father to take the child while COVID positive and also his gf is too.

She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?

T. Augustus Claus
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answered on Nov 22, 2023

if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: Can I sue a hospital for refusal of medical care based on discrimination of my homelessness and substance use history?

I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not... View More

James L. Arrasmith
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answered on Nov 11, 2023

Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active... View More

3 Answers | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for California on
Q: The County of Los Angeles mandated their employees to be vaccinated during Covid, but never enforced the policy.

Do those of us who were vaccinated due to fear of termination have grounds for a lawsuit against the County of Los Angeles?

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2023

The County had the legal right to have such a requirement, so there is nothing unlawful about requiring you to get the vaccination. The fact that the employer did not enforce its own rule is not something you can sue about. And you have not indicated that you have suffered any legally... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for Georgia on
Q: In an ERISA STD claim - is it common practice for the claimants doctor to be listed as a paid vendor in the claim file?

I am the claimant. My employer set me up with the doctor when I had long haul covid. The doctor rescheduled every appointment and then wouldn’t provide office visit notes. The same doctor has lost his license in other states and is noted for accepting ‘more money than. 79% or other doctors for... View More

Michael Grabhorn
Michael Grabhorn
answered on Aug 11, 2023

It is very common for insurers and administrators for employer provided short-term disability to use 3rd party medical reviewers as part of the claim process. These 3rd party medical record reviewers generally do not have a direct relationship with the insured. They are hired and paid by the... View More

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1 Answer | Asked in Workers' Compensation and Health Care Law for California on
Q: I was fired 2 months after diagnosed with COVID-19 for behavioral issues. My severe case of head fog was unacknowledged.

I was psychologically unwell, drained of my energy, and fighting to get through the after effects of this illness. I appreciate the help.

James L. Arrasmith
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answered on Mar 22, 2023

It is illegal for an employer to discriminate against an employee because of a disability, which can include a medical condition like COVID-19. If you believe that you were terminated because of your COVID-19 diagnosis or related symptoms, you may have legal recourse.

Under the Americans...
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1 Answer | Asked in Health Care Law and Personal Injury for California on
Q: I was in the hospital from covid I was in a coma for about 2 months while I was in a coma the hospital shaved my face le
James L. Arrasmith
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answered on Feb 20, 2023

I'm sorry to hear that you had that experience. It is common for hospitals to shave the faces of patients who are on ventilators, as it can make it easier to care for the patient and prevent infections. However, hospitals should also consider the patient's wishes and cultural and... View More

1 Answer | Asked in Education Law and Health Care Law for New York on
Q: I do not want the vaccine but it's mandatory for in-person classes. Is my right to education & health protected?

Hey, I am from NYC, CUNY colleges are mandating vaccines to return to in-person classes. Online learning hinders my ability to perform well and isolation from a student environment is affecting my social skills and mentally challenging me. I am emotionally out of touch with the rest of the world... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 23, 2022

You're fighting a losing battle. The Supreme Court of the United States has, on multiple occasions, rejected challenges to NYC's vaccine mandate for municipal employees. A challenge to a mandate requiring CUNY students to be vaccinated for in-person learning would likely meet the same... View More

1 Answer | Asked in Family Law and Health Care Law for Puerto Rico on
Q: What recourse toward hospital not living up to father's living will in PR? How do we take him off life support?

My father has been in residence at La Casa Del Veterano in Juana Diaz for many years along with my mom. Sept 24/25 he was taken to Hospital San Cristobal for problems with Covid, where they were told and then provided with a living will by my aunt. They said because it was created in the US, it... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 29, 2022

The Puerto Rico Notary Law, Public Law No. 75 of July 2, 1987, as amended, requires that legal documents authorized by notary publics in the U.S. be legalized by the government institution that authorizes the commission of notary publics in that state. Then, said document should be protocolized by... View More

1 Answer | Asked in Employment Law and Health Care Law for Illinois on
Q: Is there a place where I can file for monetary support while, I am unable to work while I am sick with covid .
Tim Akpinar
Tim Akpinar
answered on Jul 30, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. It could depend on your work situation, disability situation, financial eligibility for programs, and other possible factors. Employment law and disability law attorneys might have better insight into this - you... View More

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for A Jobs HR try to obtain personal doctor records for an employee?

Back in January of 2022 I got extremely sick from Covid. Which I got tested and I had a note from a doctor stating I can’t return until further notice. I wasn’t able to obtain my test results until almost a week later. When I called to get my results they told me they weren’t ready. HR had... View More

Neil Pedersen
Neil Pedersen
answered on Apr 28, 2022

Your employer is only allowed to know that your doctor is treating you, what restrictions you have, and what reasonable accommodations would address your condition. Your employer is not allowed to know anything else about your medical conditions or history, including your diagnosis, symptoms or... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Arizona on
Q: What are our options if our health insurance denied a $28,000 air ambulance claim stating it was medically unnecessary?

In August 2021, my spouse was evaluated in our rural/local emergency room. It was determined he had Covid pneumonia and needed to be admitted but the hospital was full. A bed was found in a location 3 hours away. We have emergency helicopter insurance, so they were arranged for the transport.... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2022

An Arizona attorney could advise best, but your post remains open for three weeks. Given the $28,000 at stake, this is probably something on which you may want to consider seeking the guidance of an Arizona attorney. Health care claims can involve state-specific health, insurance, and consumer... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New Jersey on
Q: Q: Can I as a hospital employee bring a lawsuit against the hospital for trying to mandate the Covid-19 vaccine?

According to our US Constitution, Federal and State Citied Laws, this is absolutely illegal and unlawful to require or lose your job.

Carrie Dyer
Carrie Dyer
answered on Jun 2, 2021

It is not unlawful for your employer to mandate the COVID-19 vaccine as a condition of employment. However, your employer is obligated to consider exemption requests if they are based on medical or religious reasons.

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for Utah on
Q: I found out the beginning of March that I was going to be unable to renew my lease for too many late payments during/no.

They want me to be moved out by the end of May it's not an addiction it's just a non-renewal do I have rights in anyting that can buy me more time or at least until June 30th. It's already extremely difficult to find a place and everything going on with the pandemic as it is. Also... View More

Kenneth Prigmore
Kenneth Prigmore
answered on May 20, 2021

Based on rights, you have a right to stay as long as contracted, and Landlord is has the right to do business with whomever he pleases. If he accepts payment for a new month, he must let you stay for that new month. Some landlords will change their plans if you give them an extra month's rent... View More

2 Answers | Asked in Health Care Law for Michigan on
Q: I transport for funeral homes. I am encountering nursing homes and Hospital facilities who force you to do covid tests

They take your personal information and DNA. They are not my primary physician, and you are given no assurance they are not going to sell or give that information to third party sources. I don't want the test, or the vaccine. What are my rights in this matter?

Brent T. Geers
Brent T. Geers
answered on Apr 2, 2021

You are free to not comply. Of course, the hospital or nursing home could refuse you entrance, preventing you from doing your job. If you feel strongly about it, you should have a conversation with your employer to see if they can find a way to accommodate you while still getting the job done.... View More

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1 Answer | Asked in Health Care Law for South Carolina on
Q: How long does the doctor have to release your records to you after written authorization has been given
William Thomas Geddings Jr
William Thomas Geddings Jr
answered on Mar 31, 2021

The answer can vary depending on what you mean by "doctor". The rule can differentiate between a doctor in private practice, a hospital, a medical clinic or other provider that are often lumped together as "doctor". The general rule is that they have a reasonable time.... View More

2 Answers | Asked in Health Care Law for Michigan on
Q: Is it against HIPPA law for a company to circulate names on a list for getting Covid-19 vaccines?

Company sent reminder e-mail to all employees for the up-coming COVID-19 vaccine clinic they are offering on-site. The link takes you to a listing of all names and times of those who signed up for it. What happened to medical privacy?

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2021

Poor practice on the company's part, maybe, but I don't see this rising to a HIPPA violation. What personal health information is being disclosed other than someone having signed up for a timeslot, and an inference that those persons will now be vaccinated? Your point is well taken that... View More

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1 Answer | Asked in Health Care Law for Michigan on
Q: Can my employer (a hospital) ask me if and when I got tested for covid? If yes, do I have to answer?

Can they access my medical records to find this information?

Michael Zamzow
Michael Zamzow
answered on Mar 15, 2021

The Equal Employment Opportunity Commission recommends employers ask employees why they refuse to answer or cooperate, an employer like a hospital is probably equipped to discuss the subject with you. However, under the circumstances existing currently, the ADA allows an employer to bar an employee... View More

2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Hello. I have been waiting for a tonsillectomy for over 2 month now.

They have failed to provide me with information about what had to be done in order to fix a mistake with my insurance and were giving me misleading information. At the end of all, it appeared to be that someone made a mistake and my insurance was wrongly put in. I have been waiting for a long time,... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 15, 2021

more facts needed.

during covid, everything is upside down.

if they did anything wrong it sounds like damages might be less than $10k.

thus you could consider small claims court.

however, I would write out a demand before doing anything and after seeing a lawyer.

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