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Arizona Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for Arizona on
Q: Are hospitals legally allowed to deny visitors with a birth of a child?

I thought there was a 2010 federal law passed saying patients have a civil right to choose who can visit. My wife was told that the birth of our first child in August will now be where instead of her mom and sisters plus myself be allowed, they will only allow 1 person and then mentioned I might... View More

Jay Hall
Jay Hall
answered on Jul 20, 2020

Yes the hospitals are allowed to impose reasonable restrictions during this public health emergency. I haven't heard of any hospital denying all visitors, but I do believe most are restricting it to one visitor and requiring the visitor to pass some medical protocol to enter the hospital. If... View More

1 Answer | Asked in Health Care Law and Contracts for Arizona on
Q: Can a power of Atty be changed while in the hospital
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 16, 2020

As long as the grantor of the power of attorney (POA) has legal capacity and all statutory requirements in Arizona for execution of a POA are followed, it can be done.

When a person is in a hospital it is very important to have written evidence that at the time of execution of the POA the...
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1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for Arizona on
Q: Can I represent myself in a Civil case for emotional distress? No luck with any lawyers.

Hello,

On May 2019 I became my father's Medical Power of Attorney. I provided a copy to the hospital were he was in. On June 8, 2019 my father was transferred to Intensive care unit. My father had decided to be a full code because he has other children that live 3-5 hours away and he... View More

Tim Akpinar
Tim Akpinar
answered on May 16, 2020

I'm very sorry for your loss. A person could generally represent themselves in any given tort matter. Whether such a case would be viable could be another matter. I'm sorry for the anxiety that this matter has caused you, but these situations with DNRs and other directives do arise in... View More

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Rights and Health Care Law for Arizona on
Q: My dad was forced to go to a meeting, can he sue his company?

My dad's company recently held a meeting and forced all their employees to attend. No one in the room was wearing a mask or practiced social distancing, and the company have been negligent since the start of the Covid-19 pandemic in their regard for the safety of their employees. They are a... View More

Joel Friedman
Joel Friedman
answered on May 14, 2020

Thank you for posting your question here. The issue you present is going to be common I suspect, and from my perspective as a workers' compensation (WC) attorney (I do not practice in any of the other three areas mentioned in the post) I think it is going to be difficult to qualify for... View More

1 Answer | Asked in Family Law, Civil Rights and Health Care Law for Arizona on
Q: Can my parents deny me medical treatment for mental illnesses?

I'm a 15 year old transgender and I want to take HRT, but my parents won't let me. Can my parents legally deny me access to Hormone Replacement Therapy? It is an urgent, serious, and time sensitive procedure, so is there any legal way I can get HRT without my parents consent?

Mike Branum
Mike Branum
answered on Mar 9, 2020

Everything is urgent, serious, and time-sensitive when you are 15 years-old. Likely doubly so for a transgender teen. Your post is also somewhat confusing because the headline discusses mental illness and the body of the question discusses being transgender. My understanding is that individuals who... View More

1 Answer | Asked in Employment Law, Health Care Law and Medical Malpractice for Arizona on
Q: I need advice on how to proceed about a severance offered after being fired
Stewart Salwin
Stewart Salwin
answered on Feb 22, 2020

Although severance pay is not required by law in Arizona, employers will sometimes offer a severance package when they are terminating an employee. Employers can offer a severance package out of the goodness of their hearts to soften the blow of an involuntary termination, but the main legal... View More

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on
Q: How can I get a hospital to give me info on a newborn relative?

My brother and his girlfriend just had a baby. They both have drug issues. I tried to get info from the hospital but they evaded me and wouldn't say anything. No idea how the baby is doing and haven't even seen her yet, she was born a week ago. Was getting ready to start paperwork to take... View More

Mike Branum
Mike Branum
answered on May 24, 2019

This is a very small amount of information in what is almost certainly a complex situation. With that caveat, the short answer is: you can't. There is no "how." The answer is just "no." You do not have a right to the information. It is a violation of federal law for the... View More

1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Small Claims for Arizona on
Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?

Although, the woman stood there coughing and her voice gone, and having trouble breathing. The Walmart tech and staff refused to help her and insisted the lady was going to use the albuterol machine mouth piece for drugs (Walmart has the mouth piece for the machine on their website for sale, the... View More

Gary Kollin
Gary Kollin
answered on Feb 2, 2019

While not the best, the machine can be used with only the tube and not the mouthpiece.

1 Answer | Asked in Consumer Law, Products Liability and Health Care Law for Arizona on
Q: Does HIPPA compliance apply to email server used?

Do we need a certain email server? i.e., gmail, godaddy, office 365... which servers are supposed to be used?

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

Unlikely but check with your professional society.

1 Answer | Asked in Family Law, Health Care Law and Wrongful Death for Arizona on
Q: I'm trying to get a autopsy done for my aunt but hospital denied it .

My aunt was sent to the emergency because of breathing and she had an open wond that she's been going thru for years.. they said her lungs were good that she was able to go home but she was supposed to stay over night to get antibiotics.. so they had put her under observations and so I got a... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

Contact a member of the Arizona Trial Lawyers Assn who handles medical cases-they give free consults and take cases on a contingent fee.

3 Answers | Asked in Car Accidents, Health Care Law and Personal Injury for Arizona on
Q: Can a hospital ask for reimbursement from a car accident settlement even if the health insurance company has paid?

If the health insurance company has paid off the hospital, can the hospital still ask for money from a car accident settlement in Arizona? I understand that health insurance companies work deals with hospitals to pay a lower price so with that being said, could the hospital still ask for more money... View More

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Aug 15, 2016

If you had an attorney representing you on your bodily injury claim, your attorney is the one to talk to. This often gets resolved through the attorneys handling a personal injury case to make sure all liens are resolved when disbursing the settlement funds. In general, the hospital can ask for... View More

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1 Answer | Asked in Health Care Law for Arizona on
Q: If cremated can I still file wrongful death suit against hospital?

My husband was kept heavily sedated for 2 weeks to the point he was barely breathing They had to resuscitate him and then he was put on life support for a week

When he was taken off the LS he was different, he didn't make any sense in his conversations at all ..just talked crazy. His... View More

Adam Studnicki
Adam Studnicki
answered on Mar 20, 2016

More information is needed to advise. You may not need the body. Talk to a medical malpractice lawyer. Feel free to reach out for a free consultation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is...
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1 Answer | Asked in Criminal Law, Health Care Law and Personal Injury for Arizona on
Q: I want to know if there is law that says person should seek medical attention for a person having seizures

My mother has history of seizure while detoxing - I call at first sight of seizure for help. My step dad waited last time until her 8th in a row and she had to be intubated and icu for days. Is he obligated by any law to call for help? What if she dies ? I live in Arizona

Adam Studnicki
Adam Studnicki
answered on Feb 8, 2016

Usually a special relationship is required. Talk to a local injury lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Health Care Law for Arizona on
Q: medical should be paid 75% by dad, due within 45 days. Can interest be charged if over a year before pmt in full?

Court paper work states 45 days to be reimbursed to me after pmt.The total due was $820.20 due to me. I attempted to set

up a payment plan with him and he totally ignored it and sent what he wanted. I made payment in full of this amount in four payments

starting 4/22/14 and final... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

Not unless your order specifically allows it. Generally speaking, your only remedy is to file a contempt action against him when he willfully fails to comply with the order.

1 Answer | Asked in Health Care Law for Arizona on
Q: Is fee splitting for outpatient therapy substance abuse programs legal?

A sober living house getting a monthly fee paid to them from substance abuse outpatient therapy center for bringing their clients to the outpatient center. The stark law and anti kickback statute say it's only illegal if the clients are in federal/government healthcare programs such as... View More

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering health care law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information....
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1 Answer | Asked in Health Care Law for Arizona on
Q: If leaving AMA , can a facility refuse a normal discharge? See details from email I received below.

".....If she is taken out of treatment against medical advice then Rosewood is unable to assist in any discharge preparation including transitioning and setting up aftercare, sending records, providing a meal plan, providing prescriptions, etc."

Adam Studnicki
Adam Studnicki
answered on Sep 17, 2015

Not enough information to answer. Talk to a local lawyer for advise regarding your specific situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Health Care Law for Arizona on
Q: If an individual appoints multiple medical powers of attorney, must they all agree on decisions? Who presides?
Brian Strickman
Brian Strickman
answered on Jul 15, 2013

This is going to depend on how the multiple individuals are appointed. If they are appointed in a single power of attorney, and there is no direction as to whose decision will overrule the others then it will likely go to court. If there are conflicting documents appointing the power of attorney it... View More

1 Answer | Asked in Health Care Law for Arizona on
Q: Can a guardian of an adult give permission for forced psychiatric medication
Brian Strickman
Brian Strickman
answered on Jun 25, 2013

In general yes, because under ARS 14-5312 a guardian of an incapacitated person has the same general authority that a parent would have over their unemancipated minor child. The guardian is required to act in their ward's best interest.

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