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Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for Minnesota on
Q: Legality/Duty of a Nurse to inform patient/family of witnessed mistakes and/or neglect?

Are Nurses permitted to inform families of patients (or the patients themselves) of medical mistakes (medications, procedural) or substandard care such as neglect (leaving pts in excrement as a result of short staffing resulting in bedsores, falls with or without injury as r/t short staffing,etc)?... Read more »

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

A nurse can discuss a patient’s health care with the patient, the parents of a patient who is a minor, with anyone holding the patient’s medical power of attorney, and with anyone the patient expressly authorizes to receive information regarding the patient’s health care (those identified on... Read more »

2 Answers | Asked in Health Care Law for Michigan on
Q: Can I be trespassed from Bronson Methodist hospital legally. I found a bottle of profolol and mom was conscious but...

After finding a bottle of profolol and taking a pic I asked my mom's nurse if she was being given this med, she first said no, then after I asked why is this bottle in her room, the nurse said well yes she had been given the medicine. My mom was conscious but unable to talk, which is why this... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 7, 2023

You absolutely may be trespassed from the hospital. If you have care concerns, those perhaps should be addressed as Mr. Selik suggests, or you may need to get other doctors involved to facilitate movement to a different facility.

You will always lose the battle between you and hospital...
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2 Answers | Asked in Health Care Law for Michigan on
Q: Can I be trespassed from Bronson Methodist hospital legally. I found a bottle of profolol and mom was conscious but...

After finding a bottle of profolol and taking a pic I asked my mom's nurse if she was being given this med, she first said no, then after I asked why is this bottle in her room, the nurse said well yes she had been given the medicine. My mom was conscious but unable to talk, which is why this... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 6, 2023

It sounds as if they are concerned you were on to something. Them being aggressive to you may improve your case. Consult with experienced medical malpractice attorneys right away.

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Does malpractice still count if you were never someone's patient? If it was your friend's unofficial diagnosis?

My friend misdiagnosed me and I was stuck in the hospital for a mental disease. I was never his official patient. Does this count as malpractice?

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 6, 2023

I assume your friend is a Dr???? A misdiagnosis by itself does not constitute malpractice. If you believe there is malpractice here consult with a medical malpractice lawyer on this site.

1 Answer | Asked in Health Care Law for New York on
Q: I have a 92 yr old mother, who will not sign a healthcare proxy can children make a health decision if she can’t

If a medical emergency arises, and she can’t make it health decision, can her children make it for her without there being a healthcare proxy

Jack Mevorach
Jack Mevorach
answered on Feb 5, 2023

No. A court appointed Guardian can.

Jack

1 Answer | Asked in Health Care Law for Arizona on
Q: medicare coverage issues , who would handle the appeals process or be able to council

I am being denied coverage for Emergency Hospital stay because the Hospital is out of Network with my Advantage Medical Plan.

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2023

An Arizona attorney could advise best, but your question remains open for three weeks. Depending on the amount in dispute and complexity of an appeal, people may choose to work with attorneys who handle health care claims. Read the fine print on the conditions for the appeal. It looks like three... Read more »

2 Answers | Asked in Estate Planning and Health Care Law for California on
Q: Can someone be the healthcare advance directive and handle the estate of a patient?

Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?

The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.

Is this legally allowed?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 2, 2023

A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »

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2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Doctor abandons me as a 10 year patient How much notice should I be given to find a new doctor.

I have been a patient for 10 years thru 6 surgeries. 3 back, 1 neck, and 1 neck pending. I am 70, and disabiled I have chronic back and neck pain. He has prescribed me morphine long acting, and Norco for pain for the last 8 years, I am between surgeries back surgery in November and neck surgery... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 30, 2023

Contact your health care provider and ask them for a referral to a pain specialist.

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1 Answer | Asked in Car Accidents, Health Care Law and Insurance Bad Faith for California on
Q: i have paid to my union 50 thousands dollars for health and welfare got into accident n owe 40 k was coverd

Crashed a company vehicle and at the time I had worked over the years. Nearly 8 thousand hours. Nearly 50k has been payed for my health and welfare. From 2015-2018. These years I wasn't even covered. I have evidence of all this with documents. It's crazy to me that my credit has been... Read more »

William John Light
William John Light
answered on Jan 30, 2023

Unclear what you are asking about. If you were in a company vehicle, the company's auto insurance should have applied, including Medical Payments and Uninsured/Underinsured Motorist coverage (if the collision was the fault of another party). If you are asking about medical coverage, it would... Read more »

1 Answer | Asked in Criminal Law and Health Care Law for Kentucky on
Q: In Kentucky, if a patient decides to leave AMA (against medical advice) does law enforcement need to be notified?

If that patient has an IV catheter in place when they leave the hospital, does local law enforcement need to be notified?

Timothy Denison
Timothy Denison
answered on Jan 30, 2023

Not necessarily. Depends on whether they are a danger to themselves r others.

1 Answer | Asked in Health Care Law for Alabama on
Q: Had dcr with stent surgery 1mo ago. Can they deny having stent removed 3mo from now if I don't go to followup appt?

They are located 2 hours away and I don't have time or money to waste for a just a check up. They told me they wouldn't complete the process unless I do followup. ( really rude doc office )

Tim Akpinar
Tim Akpinar
answered on Jan 27, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. However, as a general matter nationwide, if a medical provider has a valid basis for requiring follow-up examination, it isn't something that an attorney is likely to challenge on any legal grounds. It's... Read more »

1 Answer | Asked in Medical Malpractice, Health Care Law and Municipal Law for Louisiana on
Q: Who insures the Parish Coroner for Malpractice or breach of duty to investigate a mandatory autopsy death?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

I am not certain there is a requirement for insurance, however if the coroner does obtain insurance, either the office of the coroner or the parish in which the coroner is located would most likely obtain the insurance as there is no requirement that each coroner be insured by the same insurance... Read more »

1 Answer | Asked in Health Care Law for Texas on
Q: I received a medical bill 3 years and 4 months after services were received. Am I responsible for this bill?
John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Maybe, but maybe not. The Texas Civil Practice and Remedies Code provides as follows:

Sec. 146.002. TIMELY BILLING REQUIRED. (a) Except as provided by Subsection (b) or (c), a health care service provider shall bill a patient or other responsible person for services provided to the...
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1 Answer | Asked in Education Law, Civil Rights and Health Care Law for Kentucky on
Q: What rights does the school have to call my child’s doctor to ask information about appointments, missed appointments

My child is on home hospital due to him being sick a lot. I found out that the school called my sons doctor questioning the home health reason and asked when his appointment was and the doctor openly told them that we decided that it may be beneficial for my son to see a therapist the doctor openly... Read more »

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

None whatsoever. Absolutely none.

1 Answer | Asked in Employment Law, Criminal Law and Health Care Law for Indiana on
Q: If a licensed therapist who owns the practice is arrested, what legal/employment implications are there for employees?

The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... Read more »

1 Answer | Asked in Health Care Law for Tennessee on
Q: How do I know if I was legally considered voluntarily or involuntarily from the ER to a mental institution?

Went to the ER with a family member because I was suicidal. They had someone talk to me on an iPad and an hour later they moved me to the “ psychiatric hold area” I was there for 3 days and then sent to a psychiatric facility. When I got there the Dr asked me if I wanted to stay, I said yes. I... Read more »

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

It sounds like you may have been there voluntarily. You can ask the hospital for your medical records and see what is in those records. That would be a good start.

1 Answer | Asked in Health Care Law on
Q: I requested an amendment to my medical records at an ER, was told that doctor’s no longer there. So, what now?

I formally filled out a form in person. Fifteen minutes later I received a call from their department of records saying they couldn’t do anything and basically my request can’t be reviewed or granted.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2023

A South Carolina attorney could advise best, but your question remains open for three weeks. It sounds like you already went through hospital administration for patient records. Sometimes the ER physicians operate as separate entities from the hospital, with their own physician's billing and... Read more »

1 Answer | Asked in Civil Litigation, Public Benefits and Health Care Law for Florida on
Q: Can psych offices legally agree to one contract rate with one insurance company then submit secondary claims to Medicare

Situation: Psychiatric Office has an agreed upon contracted rate with my wife’s insurance company for $81 a visit (she also uses the same office) they primary insurance company tells them to not collect anything else from the patient (no copay) THEN the office submits a claim to Medicare (even... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2023

That office might be a Medicare fraudster (engaging in crimes), or this could be legitimate under the insurance policy and Medicare rules. You should first ask the office (in a friendly way) for its explanation for their billings, and if the explanation doesn't make sense, tell them so and... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for New Hampshire on
Q: Can the mental hospital that released a patient days before he murdered my grandmother, be held liable?

In 1964 my great grandmother was shot and killed by a man who was having a psychotic episode that included hallucinations. He had been released from a mental hospital just a few days before. This happened in New Hampshire. Can the hospital be held liable for prematurely releasing him?

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Jan 21, 2023

Unfortunately, the short answer is no. That is because of the statute of limitations. In other words, it's too late to bring a case as this happened almost 60 years ago.

If you were within the statute of limitations, this would have been a case worth investigating. If the hospital...
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1 Answer | Asked in Health Care Law and Divorce for Michigan on
Q: My husband tried to commit suicided, was taken to hospital and transferred to a inpatient mental intuition.

He was there not at will for a week, he got out, mental unstable and went and filed for divorce 7 days after getting out of intuition , he told the attorney he had just gotten out of mental intuition and was diagnosed with depression, anxiety and manic bipolar. he told the attorney this, the... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

Hard to say with what you present. Attorneys are not doctors or mental health professionals; I can only assume your husband presented "normally", and even stating all his mental health issues would not alone require an attorney to decline representation.

At this juncture, you...
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