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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: In this scenario, can motion to set aside dismissal of case be served by mail?

Dismissal was entered voluntarily by plaintiff. Defendant appeared at legal action prior to dismissal.

When plaintiff files motion to set aside dismissal against defendant: can it be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

In California, the method of service for a motion to set aside a voluntary dismissal depends on whether the defendant has appeared in the action prior to the dismissal.

If the defendant has appeared in the action before the voluntary dismissal, then service of the motion to set aside the...
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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Ohio on
Q: How long will it take a lawyer to get back with you after getting your medical records?

I have been searching for a lawyer for medical malpractice case. I found one that seems promising. We had a conversation about a situation she told me how to get my medical records. I uploaded them and sent them per her request. About a week and a half later they sent me a message saying they got... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 16, 2024

It is not an usual amount of time but you must exercise care in that there are strict deadlines in which a lawsuit or other action needs to be taken and you do not want to run out of time. Therefore, you may want to ask when you will get an answer and continue searing for attorneys.

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2 Answers | Asked in Federal Crimes, Health Care Law and Identity Theft for Florida on
Q: Are there lawyers who specialize in medicare identity theft

Mail from Aetna (Medicare plan) is delivered to my house multiple times over the last year or so, addressed to someone else.

I have also received three checks made out to me for claims made thru Aetna which I did not submit claims for. The first time I called Aetna and advised them and... View More

James L. Arrasmith
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answered on Apr 16, 2024

Yes, there are lawyers who specialize in identity theft cases, including those involving Medicare fraud. Given the severity of your situation, consulting with an attorney who has experience in this area would be a wise step to protect your rights and guide you through the process of resolving the... View More

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1 Answer | Asked in Gov & Administrative Law and Health Care Law for Michigan on
Q: Gift of Life MI is a federally-designated organ and tissue recovery program are they subject to FOIA?

Are they subject to FOIA under 5 U.S. Code § 552 and or MCL 15.231?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it is unlikely that Gift of Life Michigan (GOLM) would be subject to the federal Freedom of Information Act (FOIA) under 5 U.S.C. § 552 or the Michigan Freedom of Information Act (FOIA) under MCL 15.231. Here's the reasoning:

1. Federal FOIA (5...
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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 Employment Law and Health Care Law for Texas on
Q: Can my job ask me to provide a picture of ny medication

My job said I need more proof to exude my absences because doctors notes aren't enough. They said I need to send a picture of the medication that was prescribed to me by the doctors to approve my leave of absence

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2024

An employment attorney could advise best, but your question remains open for four weeks. Until you have the chance to consult with an employment attorney, from the standpoint of occupational safety, there are jobs involving the safety of the public where there is full transparency in terms of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Washington on
Q: Can firefighters disclose who made wellness check report?

Washington State. Called for a wellness check on 91 year old diabetic grandma who was left alone for over 3 hours under the care of her drug addict son (who we opened an adult protective services case against.) The firefighters not only told him who made the wellness check call, but had me on the... View More

James L. Arrasmith
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answered on Apr 13, 2024

I'm sorry to hear about this difficult and concerning situation. Based on the information you provided, it seems the firefighters may have mishandled the situation by disclosing who made the wellness check report to the person being reported. This goes against typical protocols to protect the... View More

1 Answer | Asked in Civil Rights and Health Care Law for New Jersey on
Q: I live in a condo in the state of NJ. There is a pool whereas one must be a resident in good standing. However, there

are no smoking signs posted. the property manager is allowing smokimg in the entrance to the pool which is the common area. Please help. Children and the users are subjected to the second hand smoke.

James L. Arrasmith
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answered on Apr 10, 2024

I understand your concern about secondhand smoke exposure, especially for children, in the common area by the pool entrance. Here are a few steps you can take to address this issue:

1. Review your condo association's bylaws and rules: Check if there are any specific regulations...
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1 Answer | Asked in Criminal Law, Health Care Law and Identity Theft for Pennsylvania on
Q: The pharmacy gave my prescription to a person who pretended to be me , what can I do?

I told them someone was trying to steal my prescription that was a narcotic. They didn't ask for ID. I told them not to release it to anyone else on 2 different occasions days before it happened. I did file a police report.

James L. Arrasmith
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answered on Apr 10, 2024

I'm sorry to hear that your pharmacy released your prescription to someone falsely claiming to be you, despite your prior warnings. This is a serious matter, and you've taken the right first step by filing a police report. Here are some additional steps you can take:

1. Contact...
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1 Answer | Asked in Elder Law and Health Care Law for Utah on
Q: Is it legal to yell and belittle a resident/patient of a care facility? Can a employee of a care center search a friend

Tell them of a situation that happened?

Wesley Winsor
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Wesley Winsor
answered on Apr 10, 2024

In Utah, it is illegal and unethical to yell at or belittle residents in care facilities. State regulations, specifically under the Utah Administrative Code R432-150-12, protect residents from mental and physical abuse. Such actions can be reported to the facility management, the Utah Department of... View More

2 Answers | Asked in Insurance Bad Faith and Health Care Law for California on
Q: Whom do I seek help from when I have an insurance coverage problem with Kaiser, beyond Kaiser grievance and DMHC?

My teen daughter needed a long-term RTC. I informed Kaiser (K.) of her need for this level of care, though I did not specifically ask for it. (I did not know K. offered that level of care.) When my daughter's K. clinician walked her through our chosen RTC's website, the K. clinician... View More

James L. Arrasmith
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answered on Apr 9, 2024

In California, if you have exhausted the internal grievance process with Kaiser and the complaint process with the Department of Managed Health Care (DMHC), you have a few additional options to seek help for your insurance coverage problem:

1. Contact the California Department of Insurance...
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1 Answer | Asked in Medical Malpractice and Health Care Law for Connecticut on
Q: What can be done when procedures that weren’t ordered are done.

We ordered 2 tests done and blood drawn for those two tests. The facility drew blood enough for 6 tests and is currently processing those test that weren’t ordered through them. Do we have any sort of case.

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2024

A Connecticut attorney could advise best, but your question remains open for a week. If you did not suffer physical harm, it does not appear to offer a basis for a med mal case. Different attorneys could see a given situation differently. You could reach out to local attorneys to arrange a free... View More

1 Answer | Asked in Health Care Law, Civil Rights and Constitutional Law for Michigan on
Q: If people claim to be next of kin at the hospital when they are not, are they in disguise?

18 U.S.C. § 241

It is unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. What healthcare rules and regulations are violated when hospital has a... View More

James L. Arrasmith
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answered on Apr 2, 2024

There are a few important legal and ethical considerations to unpack here:

Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241)...
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1 Answer | Asked in Consumer Law and Health Care Law for Nevada on
Q: My orthodontist sold her practice and the new dentist inherited my daughter as her patient but refuses to finish the job

The new dentist's assistant saw her a few times. When we asked for the further treatment, the assistant said because the new dentist doesn't use Sure Smile, she cannot further assist. However, the retainer is already included and can be ordered for us if we decide to finish the... View More

James L. Arrasmith
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answered on Apr 2, 2024

In this situation, you may need to consult with a lawyer who specializes in consumer protection or contract law. This type of lawyer can help you understand your rights as a consumer and determine if the new dentist has breached any contractual obligations or engaged in unfair business practices.... View More

1 Answer | Asked in Gov & Administrative Law and Health Care Law for New Jersey on
Q: Are police officers exempt from HIPPA privacy laws if they are in charge of a patient who is in police custody?

has an ongoing medical condition and requested to be seen at the emergency room before being taken the county jail. He was admitted to the hospital where he stayed for 8 days. During this time, he was shackled to the bed and had a sheriff officer with him at all times. The officer was in the room... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the situation you described, there are a few important considerations regarding HIPAA (Health Insurance Portability and Accountability Act) and patient privacy:

1. Law enforcement exemptions: HIPAA does allow for certain disclosures of protected health information (PHI) to law...
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1 Answer | Asked in Health Care Law for Missouri on
Q: Doctor said I could leave hospital if I wanted but if I did it would be AMA and my insurance would refuse to pay.

I've never heard of this being a thing, but the doctor sounded so certain. I'm on Medicaid through Missouri. I don't see them refusing the insurance bill

James L. Arrasmith
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answered on Mar 30, 2024

When you leave a hospital against medical advice (AMA), there can indeed be financial and health repercussions. Your doctor's warning stems from the concern that insurance providers, including Medicaid, may not cover the costs of a hospital stay if the discharge is AMA. This policy is intended... View More

Q: Disabled person selling a house to move oversea - consequences?

My parents live in Washington state, and my mother is disabled receiving SSDI and long term care service where a caregiver comes to her house every day. They live in a house they jointly own, no mortgage. They're both seniors, and now they miss their home country, so they decided to move back... View More

James L. Arrasmith
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answered on Mar 29, 2024

Selling a house and moving overseas can have several implications for your parents, particularly regarding their Social Security Disability Insurance (SSDI) and Medicaid benefits. First, it's important to note that SSDI benefits are typically not affected by the sale of a primary residence or... View More

1 Answer | Asked in Contracts and Health Care Law for California on
Q: Hi There, I’m 36 weeks pregnant, was threatened and yelled by my OBGYN’S office manager.

She threatened me that, she will transfer it to collections and my OBGYN will not deliver me. I want to know what are my rights on this situation as the contract doesn’t have a clause for termination and I was abused and humiliated twice by this manager. I want to know how much out of the balance... View More

James L. Arrasmith
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answered on Mar 28, 2024

In California, patients have the right to be treated with respect and to receive care without discrimination or harassment. If you've experienced threatening behavior from an office manager, it's important to document the incidents and communicate your concerns in writing to your... View More

2 Answers | Asked in Criminal Law and Health Care Law for California on
Q: I voluntarily admitted myself to a VA hospital for depression, after 6 days I was released. Do I still have gun rights?
James L. Arrasmith
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answered on Mar 27, 2024

The situation regarding gun rights after voluntary admission to a hospital for depression can be complex. If your admission was voluntary and you weren't held for treatment after being deemed a danger to yourself or others by a court, your right to possess firearms might not be immediately... View More

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1 Answer | Asked in Employment Law, Health Care Law and Gov & Administrative Law for Florida on
Q: what happens if I am supervising someone whose Provisional Mental health license has just expired

I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Mar 27, 2024

I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More

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