Lawyers, Answer Questions  & Get Points Log In
Colorado Health Care Law Questions & Answers
1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
Q: Do I have a malpractice law suit or something else when it comes this situation. Below?

Kiddo is in therapy (divorce dealing with anxiety) and the therapist only communicated with mom. Did not update dad. Come to find out dad asked for an update on info and was polite and the therapist said in front of both mom and child that she was scared for her life and could no longer be the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 6, 2021

Therapists do not usually communicate information about therapy automatically to others. If a parent who was entitled to receive such information asked for it, and whether that parent was entitled to receive information would depend on the case history, a therapist will generally share that... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Colorado on
Q: What legal grounds do we have for a case against UC Health making a clerical error that costs us money?

She is a soldier in the Army and emergencies such as these are covered by Tricare which is the health insurance provided for military members. She received a bill in the mail for her hospital visit saying that Tricare did not cover the cost because it was not coded by UC Health correctly as an... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 23, 2020

A Colorado attorney, and possibly a military law attorney familiar with the operation of health benefits for members of the armed forces, could advise best here, but your question remains open for three weeks. The matter might require someone familiar with medical coding to look at the CPT and... Read more »

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Health Care Law for Colorado on
Q: How do I find a pro bono or sliding scale attorney to deal with long term disability claim against lg insurance company?

I have had an illness for months but specialist is still seeking diagnosis. Short term disability has been exhausted. Long term disability company is asking me to sign medical release for entire medical record and waive HIPAA in addition to other seemingly inappropriate questions that have nothing... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 3, 2020

A Colorado attorney could advise best, but your post remains open for two weeks and you mention needing help quickly. One option is to start reaching out to attorneys who handle disability claims. Many attorneys in that area provide free initial consults - that's between you and the attorneys... Read more »

View More Answers

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Colorado on
Q: the Er put me at risk by not looking at test results they had in hand the same day but called me 4 days later to come

The staff had triaged me, had all the test results in hand, had the ekg in hand, had used one of those finger tip pulse/oxygen things a couple of times. My heart rate was at a 29-32 they sent me home and a cardiologist finally read tithe ekg 4 days later that is when they called me to come back in.... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 25, 2020

A Colorado attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to med mal attorneys to discuss the matter in greater detail, including the extent of damages you suffered. If an attorney felt there might be a basis for a case, they could request... Read more »

1 Answer | Asked in Child Custody, Health Care Law and Libel & Slander for Colorado on
Q: Is it legal to photograph the inside of classrooms when there is no student info in the photos at all?

Are people allowed to take photos inside of schools? Being sure to keep all personal information out of the photo.

Sabra M. Janko
Sabra M. Janko answered on Jul 19, 2020

You would have to check with the school district on their policies, however there is no law that prohibits taking photographs inside of schools.

1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: Can my job ask and share health questions and personal identifying information?

My job started asking screening questions such as temperature, presence of any of the following: cough, chills, lack of taste or smell, fever, nausea, vomiting, or diarrhea. They record responses, as well as first and last name, and department that I am employed by. This information is supposed to... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 11, 2020

The HIPAA laws regarding the COVID-19 pandemic have been changed. This is a question you'll want to talk directly to a lawyer about. Off-hand, I can think of serveral facts that are not included in your query that could change the answer. The Colorado Bar Association (www.cobar.org) can... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Q: The E. R i was at without written or verbal consent contacted the surrounding hospital with my name, diagnoses,to not tr

After seeking medical attn. From the e.r for sever abdominal pain.i also before being offered or asked denied any pain and all pain medication.i also informed them that the almost dibilitating pain i was encountering seemed to me like a kidney infection was present! I also informed them that... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2019

I'm sorry for your ordeal here between the two emergency rooms. A Colorado attorney could advise best on privacy issues here regarding medical records, as those could involve elements of state law. But your post remains open for two weeks. It is very fact-intensive, and difficult for an... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Colorado on
Q: E.D. nurse after my son died said to me, "cry me a river about your son." This has increased my grief.

Also gave me a shot in bicep instead of deltoid pain in right arm since.

Tim Akpinar
Tim Akpinar answered on Aug 28, 2019

I'm very sorry for your loss, and the cruel and heartless things said to you. Contact a Colorado attorney to try to arrange a free initial consult. With further detail and context, an experienced attorney might at least be able to determine if the matter warrants further investigation/review... Read more »

1 Answer | Asked in Civil Litigation and Health Care Law for Colorado on
Q: How does a garnishment for a hospital stay work? And how can I stop it or condense it?

A court was held but I didn't know and just received all the paperwork after being garnished this last paycheck.

Donald C Eby
Donald C Eby answered on Jun 10, 2019

Have your considered filing Bankruptcy? This is usually the most effective method and you may gain additional debt relief in the process.

1 Answer | Asked in Child Custody, Family Law and Health Care Law for Colorado on
Q: Hipaa privacy rules in regards to minors of divorced parents.

I have a court approved, filed parenting agreement for my 4 year old son. I am designated the primary custodial parent with sole medical, dental, and mental health decision making. My son recently had to have 2 teeth pulled due to defects in the enamel that originated at birth. I filled out the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jul 7, 2017

Your ex still needs to pay his court ordered share of the bill. Since you have sole decision making authority, you can decide with the dentist about treatment. You can request judgment against him for the unpaid amount or cite him for contempt of court. I do not know anything about remedies against... Read more »

1 Answer | Asked in Immigration Law and Health Care Law for Colorado on
Q: Hello, can an office manager deny my scheduled doctor 's app because he has never seen a green card.
Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2017

No, that is discrimination based upon alienage. This is a violation of your civil rights. First, work with the State of Colorado. This is the website to file a civil rights complaint with Colorado. https://www.colorado.gov/pacific/dora/civil-rights/filing-a-charge

Due to Congressional...
Read more »

1 Answer | Asked in Tax Law and Health Care Law for Colorado on
Q: Colorado health insurance question

In 2016 I had a mix of ACA, employee, and Medicaid health insurance. As I was unemployed at the end of 2015 I had signed up for Medicaid. From that point on we received conflicting mail from the state saying it as on, off, etc - never clear. Thinking it was off at the time I started a new job in... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 22, 2017

Based on your facts, the two 1095s show that you were doubly insured (which you now already know). The IRS does not consider insurance options--they only compute the penalties. Colorado will likely demur because you acted on your own behalf (even if based on confusion). As a result, the dual... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
Q: My boss had me admitted in er for piss test and i recorded it on my phone. They took blood, did a mri. Where do i go.

Now i have hospital bills, i may have trouble finding another job. My boss stayed in the room. HIPPA violations. I did work in the same hospital. I quit do to this. I have 2 hours of the admissions on video. With the mri, they irratiated my head and eyes for 30min. For a urine test. I have them... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 1, 2017

Employer should pay. See if what's on the phone can be downloaded--you want backup copies in case it's erased.

Contact an attorney who handles employment issues for employees --members of the colorado assn for justice give free consults.

1 Answer | Asked in Civil Rights, Criminal Law, DUI / DWI and Health Care Law for Colorado on
Q: Does it matter if the police arrested you before/after the ordering of the urine & blood tests or having the results?

I was unlawfully detained by fire/ems & threatened to go by amb to the hosp. or they'd call the cops. I was threatened with jail if I didn't sign the ER consent. I was told the same if I didn't step on the scale & do the sobriety tests (in the ER). I finally was allowed to... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 16, 2017

The time of the arrest may be an issue, but the timing of the arrest usually does not impact failed test results. When you get a lawyer (either a PD or hire a private criminal lawyer) you can discuss the potential inadmissibility of the urine/blood tests.

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Q: In Colorado, is it lawful for a psychiatrist to prescribe anti-depressants to a minor of 15 without parental consent?

I am aware that in the state of CO, minors of 15 may consent to some treatment, but I have also been informed that "a parent has to consent to medical treatments for a child under 18, unless the child is at least 15 years old, is living away from his or her parents, and is paying his or her... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 7, 2017

This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.

As a general rule, the practice you mentioned is allowed. There are...
Read more »

1 Answer | Asked in Contracts, Consumer Law and Health Care Law for Colorado on
Q: Can they garish your wages for a hospital bill back in 2004

it is also out the state I live in

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 23, 2017

Each state has a statute of limitations on debts (Colorado is 6 years--most are less, but the highest is Kentucky with 15 years). That said, it is possible that even though a debt has passed the SoL, it can be revived by the debtor (usually by acknowledging the debt). There is another possibility,... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Q: Can I sue a hospital for sending me home with a very sick child?

I took my baby to the er they said she was fine. Today I took her to children's hospital for the same reason and now they are putting a breathing tube in and we have to say we for a week.

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

Depends on her symptoms first time. Things can shift overnight. However focus on her care, then when all the dust has died down and she's well, Contact a member of the Colorado Trial Lawyers Assn who handles medical issues--they give free consults. While it's fresh in your mind, jot down... Read more »

1 Answer | Asked in Health Care Law and Insurance Defense for Colorado on
Q: My insurance company declined to pay my hospital bill on the grounds that I should have been treated as an outpatient.I

I had a skin infection on my hand from a cat bite.

I asked to be treated as an outpatient but the doctor refused saying I had to be admitted.

I haven't got the bill yet but I expect to get one soon.

The insurance company says the hospital handled this the wrong way.

What am I suppose to do?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 18, 2017

You have three options. One, you can appeal the insurance company's determination. Two, you can see if the insurance company's determination voids some or all of the medical charges because of the violation of the agreement between the doctor/hospital (I have seen over $200,000 worth of... Read more »

1 Answer | Asked in Health Care Law for Colorado on
Q: Can an emergency room visit for panic attacks and withdrawal be subpoenaed without patient consent?

On probation for a dwai last year. Recently went to emergency room to assist in final leg of self-imposed withdrawals (from a substance not scheduled or controlled, but which could likely constitute prob violation against using "abusable" drugs - Tianeptine) and associated panic attack.... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Dec 21, 2016

As a condition of parole, the general rule is that parolees cannot prevent the release of limited amounts of relevant medical records on request (often tied to the type of offense). The ER visit (with documentation) should be ok with your parole officer, as for Tianeptine this is a grey area. Since... Read more »

1 Answer | Asked in Divorce and Health Care Law for Colorado on
Q: How soon after a divorce can my kids and I receive Medicaid?

My husband makes a good living, but I am a stay at home mom and will need health care. I don't want to leave any lag time so that I get charged the fine.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Oct 3, 2016

Healthcare should be covered under the separation agreement and custody agreement. For the minors it is totally reasonable to request that the father pay for their healthcare costs (esp. if he is historically the breadwinner--this request will likely reduce potential alimony requests). For you,... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.