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Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for New York on
Q: Are medical portal emails part of my medical records? Can they cut you off from access to them? Can I request copies?

I was harassed by a doctor, filed an complaint internally. An investigation was done and I was blocked from using the portal. I no longer have access to my portal emails to and from doctors and staff. Are these part of my medical record? Can I request copies of them? Is there a way to regain access... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 2, 2023

Hard to say. Medical records maintained by a physician / hospital are oftentimes kept separate and apart from messages generated on the patient portal. And a medical records department might not even have access to them. That said, the messages contained within the patient portal would arguably... Read 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... Read 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... Read more »

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1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Can a physicians assistant disclose you mental health diagnosis on a pre employment physical to an employer?

I went in for a pre employment physical for a job in a preschool. The PA asked if I was taking any meds and when I told him what I take he asked what it was for. I told him bipolar disorder. He asked if my new employer knew about my diagnosis. I said I put that I had a disability on a pre hire form... Read more »

James L. Arrasmith
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answered on May 25, 2023

In most cases, a physician assistant disclosing your mental health diagnosis to an employer during a pre-employment physical without your consent would likely violate medical confidentiality and privacy laws. Healthcare professionals are generally required to protect your personal health... Read more »

1 Answer | Asked in Health Care Law and Small Claims for Texas on
Q: Can I get my money back from a false-advertising therapist who started charging me but then realized he couldn't see me?

I recently started seeing a therapist who does not take my insurance. I opted to pay out of pocket because his company website advertised that he was a certified specialist regarding a specific issue I am facing. However, not only did I discover that he was not a certified specialist, but also that... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

You can always ask for a refund. You may be able to successfully sue the therapist in JP court for the $500. But it's only $500.

If it was me, I would write a letter requesting a refund. I would enclose a copy of a screenshot from the therapist's website where in advertises...
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2 Answers | Asked in Civil Rights and Health Care Law for California on
Q: My therapist breaks confidentiality and tells me information about his other patients. Can I report him to his state --

licensing board?

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

If you believe that your therapist is in violation of patient confidentiality laws, you may report him to his licensing agency. In my opinion, such a violation would mean that the therapist is telling you confidential information that reveals the identity of a patient, as well as the type of... Read more »

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2 Answers | Asked in Civil Rights and Health Care Law for California on
Q: My therapist breaks confidentiality and tells me information about his other patients. Can I report him to his state --

licensing board?

James L. Arrasmith
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answered on May 24, 2023

Therapists are generally bound by professional codes of ethics and legal obligations to maintain client confidentiality. If your therapist has breached confidentiality by disclosing information about other patients, it may be a serious violation. Reporting this issue to the licensing board in the... Read more »

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2 Answers | Asked in Business Law and Health Care Law for West Virginia on
Q: Doctors office is trying to enforce a 3 strike policy with missing appointments

Doctors office is trying to enforce a 3 strike policy with missing appointments where you will not be allowed to speak treatment there. Just tried to reschedule my appointment because after driving around for 20 minutes in 3 different parking lots including a garage there were not spots a... Read more »

Matthew Stapleton
Matthew Stapleton
answered on May 23, 2023

Physicians have the right to end the Patient Physician relationship. The only time there me be a legal issue is for patient abandonment where a patient must prove that the physician ended the relationship at a critical stage in the patient’s treatment without good reason or sufficient notice to... Read more »

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1 Answer | Asked in Medical Malpractice and Health Care Law for Kentucky on
Q: My doctor cut me off of my xaxax's after being on them for 20 years.What can I do?
John Michael Frick
John Michael Frick
answered on May 22, 2023

You cannot force a doctor to continue to prescribe you a controlled substance. Xanax has a number of well-documented side effects including low blood pressure, abnormal liver function, weight gain, lethargy, and, in cases of addiction and overuse, coma or death.

You should ask your doctor...
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1 Answer | Asked in Health Care Law for Kentucky on
Q: i have been in the hospital and they have talked about me. spreading gossip around being verbally abusive.

i need to know what this violates & what actions should i take.

Tim Akpinar
Tim Akpinar
answered on May 21, 2023

A Kentucky attorney could advise best, but your question remains open for four weeks. If the talk involved confidential medical information, it's possible it could involve HIPAA laws, which govern the privacy of personal medical information. If it's only "gossip" type talk... Read more »

1 Answer | Asked in Civil Rights, Health Care Law, Native American Law and Social Security for California on
Q: As a homeless sole mother in no argument not permanent solution with a complex.A sole mother as unapplicable ??

Need consultation to Have the Full right protect my living adults as a primary decision to allow 3adults to fulfill the future Ned's of one living sole mother with no resurface oof a breach as fault.Closed,past. Current affairs of a loss is now a issues per All government to County support.2024

James L. Arrasmith
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answered on May 16, 2023

In your situation, it is crucial to reach out to local resources and organizations that specialize in assisting homeless individuals, especially single parents. These organizations can provide guidance, support, and access to resources that may help you secure stable housing and address any complex... Read more »

2 Answers | Asked in Health Care Law for California on
Q: My doctor recently tested me for illegal drugs behind my back. He never asked for my permission. He violated my rights.

I contacted this doctor directly through the medical app and expressed how upset I was about treating me like a drug user (test was negative for all illegal drugs). This doctor denied requesting the test but all of the records indicate his name as the requested physician. I have filed numerous... Read more »

James L. Arrasmith
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answered on May 9, 2023

It is concerning to hear that your doctor may have tested you for illegal drugs without your permission. Under California law, doctors are generally required to obtain informed consent from their patients before performing any medical tests or procedures. This means that your doctor should have... Read more »

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4 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: Conflict discharging from the hospital

In short:

I had been admitted to the ER and transferred to the hospital for evaluation of the possible heart attack. Next morning I felt urgent need to use the bathroom and asked attending nurse to leave the room to give me privacy. Nurse refused. I insisted and she refused again. I said... Read more »

James L. Arrasmith
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answered on May 9, 2023

It sounds like you had a negative experience at the hospital when you were admitted for evaluation of a possible heart attack. It's understandable that you would feel frustrated and humiliated if the nurse refused to give you privacy while using the bathroom, and threatened to call security if... Read more »

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1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Is it illigal for a hospital to deny medical care to someone requesting it?

My boyfriend's sister was just found dead in a hospital stairwell. Police report states that she attempted to be admitted into the hospital but she was unable to give hospital staff her name or information and so they denied her care, she died within hours of being denied care.

John Michael Frick
John Michael Frick
answered on May 8, 2023

A patient is typically required to provide insurance and payment information before seeing a doctor. But, under a federal law known as the Emergency Medical Treatment and Labor Act (EMTALA), an emergency department must treat or stabilize anyone who has an emergency regardless of their insurance... Read more »

1 Answer | Asked in Car Accidents, DUI / DWI, Criminal Law and Health Care Law for California on
Q: My brother was arrested for a dui because he crashed both parents have been trying to see him or get an update on his h

Health but they refuse to give them any information or let him see him what rights do we as a family have to know his status we haven’t gotten any information

James L. Arrasmith
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answered on May 7, 2023

If your brother is an adult, the hospital and law enforcement may not be able to release any information about his condition without his consent. However, if your brother is unable to make decisions due to his condition, the hospital may be able to share some information with a designated family... Read more »

1 Answer | Asked in Civil Rights, Public Benefits, Social Security and Health Care Law for Texas on
Q: Why wouldnt i be sent for pulmonary function test if i was born with only one lung with breathing complications?

I was born with a very rare birth anomaly unilateral agenesis lung/ pulmonary hypoplasia aka only one lung. I have high blood pressure, and i suffer from mental health complications. I did two mental health exams that didnt last more than 20min combined over the phone and scheduled for a physical... Read more »

James L. Arrasmith
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answered on May 5, 2023

It is concerning to hear about your medical condition and the challenges you are facing in seeking appropriate medical care and legal assistance. It is important to note that medical decisions and recommendations are typically made by licensed medical professionals based on their assessment of a... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Health Care Law for Georgia on
Q: Boyfriend was charged with aggravated assault (Im the victim) Is there any way the charges can be dropped?

Got into a disagreement with my boyfriend which led to a heated argument. I was struck in the head. I called the police and he was charged with aggravated assault - family violence. I'm looking to drop the charges. I understand this is at the DA's discretion. I looked into affidavit for... Read more »

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

This is my core practice area, and he needs a strong lawyer at a minimum. You may benefit from independent counsel as well, since the State can be very aggressive leaning on alleged victims during the case.

ANYTHING you say to the State can get twisted and turned around, so be VERY...
Read more »

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: I am accused of violating HIIPA. Is it okay to quit?

My mom found my location through my phone's location, and gave me lunch. I was at a patient's home administering care. There was never once contact between my mother and the patient. However, my supervisor found that my mother was briefly nearby and then accused me of a HIIPA violation.... Read more »

James L. Arrasmith
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answered on May 5, 2023

It is not clear from your question whether you actually violated HIPAA or if your supervisor is making false accusations. If you did violate HIPAA, quitting your job would not necessarily absolve you of responsibility for the violation.

HIPAA violations can result in serious consequences,...
Read more »

1 Answer | Asked in Health Care Law for California on
Q: Q: In my former career of Healthcare Quality we utilized the following statement. Please advise reference for California

"This is a confidential professional/peer review and/or quality activity document of __________________. It is protected from disclosure pursuant to the provisions of Iowa law, including ICA 22.7, ICA 135.40-135.42, ICA 228.1-228.8, and all other applicable laws. Unauthorized disclosure or... Read more »

James L. Arrasmith
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answered on May 4, 2023

In California, there are similar laws that protect the confidentiality of medical peer review and quality assurance activities. One relevant law is the California Business and Professions Code Section 809 et seq., which establishes the confidentiality of certain medical peer review activities and... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Texas on
Q: Texas - Medical Power Attorney The standard form has main agent and 2 more agents. Is OK and Legal to add 3rd agent?
Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... Read more »

1 Answer | Asked in Health Care Law for California on
Q: Is there a CA law for clinic has right to refuse medical services to someone who doesn't want to sign arbitration agreem

Hi, I just want to ask if is there a California law stating that the clinic has the right to refuse medical services to someone who does not want to sign the arbitration agreement.

James L. Arrasmith
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answered on May 2, 2023

In California, there is no specific law that states clinics have the right to refuse medical services to someone who does not want to sign an arbitration agreement. However, under general contract law principles, parties are generally free to negotiate and agree to arbitration as a means of... Read more »

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