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Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law, Gov & Administrative Law and Municipal Law for Hawaii on
Q: Does smoke penetrating homes from neighbors backyard fire, and creating health issues, come under Hawaii nuisance law?
Mark Simonds
Mark Simonds
answered on Jun 25, 2022

An open outdoor fire or open burning emits pollutants directly into the air and includes agricultural, residential, and prescribed burning. The rules regulating open burning are Hawaii Administrative Rules (HAR) Section 11-60.1 Subchapter 3. Generally open burning is prohibited with a few... Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Health Care Law for Colorado on
Q: I can't afford my chiropractor anymore but I have a 12 month contract with them. Can i get out of it safely?

The service with them has helped i just can't afford it every month and have a standing contract/payment plan with them.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It could be difficult for an attorney to offer guidance without seeing the contract's terms about termination, cancellation, refunds, penalties, etc. You could reach out to local attorneys to review the... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: I was in to the hospital for kidney stones and a severe UTI. I ended up septic

They gave me the wrong antibiotics twice

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2022

A Texas attorney could advise best, but your post remains open for two weeks. It would be difficult for attorneys to offer guidance here. There wasn't a question, but it looks like you're wondering about your legal rights. That would call for a medical opinion. You could reach out to... Read more »

1 Answer | Asked in Health Care Law and Employment Law for New York on
Q: Hi, My name is Aina.I just got fired from my job because of my health condition. What should I do?

Back in 2018, I had an accident in my country, so I have a back problem and the day I did interview with my employer, I already explain to them that I am in a session of treatment actually. They accepted to hire me which was a months ago, and today, they just fired me because I did not work... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... Read more »

1 Answer | Asked in Health Care Law for Florida on
Q: I have been taking care of my mother and she wants to return to her house in PR but she is 89 years old. what can I do?

I live in Florida where she has been for the past 2 years. Can she return to her house ? She doesn’t have a car nor anyone to take care of her in PR. My brother washed his hand of having anything to do with her. He lives in PR.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2022

If she is in control of her mental faculties, of course she can. But you should try to persuade her to let you arrange someone to take care of her before she goes there.

1 Answer | Asked in Workers' Compensation and Health Care Law for California on
Q: Can HR advise my boss about my potential workman’s comp case before I have opened a claim or spoken to me

I was speaking to HR they advised the WC dept who in turn emailed me and copied my boss but I did not file the claim yet nor had I even spoken to them about it so now this person advised my boss about my mental health issues that I was privately discussing with HR

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 21, 2022

Conversations with HR can (and should) eventually include your supervisor. If you are having mental health challenges and you alerted Human Resources, HR is required by the corporation to alert supervisors (and likely Risk Management). Human Resources staffers are NOT Priests or Doctors or... Read more »

1 Answer | Asked in Health Care Law for New Mexico on
Q: UnitedHealth will not pay my wife's hospital bill. They said hospital is out of network and will not pay claim

Took wife to lovelace ER was told she needed to be admitted.she was in hospital for 4 days. UnitedHealth says hospital is out of network will not pay claim

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. You probably already attempted resolution or negotiation with them. When it comes to ER or ambulance services, some carriers will show more leniency. But if you are at an impasse, which could be the case from... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: I am employed by two travel nursing agencies. I have one on pause, the other I just got a contract for a facility

The facility I’m contracted through contacted my agency that’s on pause and asked them to confirm with me that I’m working for another agency, isn’t that a breach in confidentiality? Also is it not ok to work for two agencies?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2022

Both depend on what your contract says with both agencies. Confidentiality does not just exist, it is by law or by contract.

1 Answer | Asked in Health Care Law and Employment Law for South Carolina on
Q: my old job took money for health insurance but I never was enrolled in plan and they refuse to give money back, legal?

From Feb 2022-april 1 2022 I paid weekly for health and dental, my last day was april 1st with company. I tried going to dr the last week of employment and found out I was never enrolled in a plan, emailed and spoke with hr multiple times and they are no longer responding to me getting my money... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer step-by-step directions on this frustrating situation. You could reach out to attorneys to investigate the matter in terms of the formation of your contract... Read more »

1 Answer | Asked in Health Care Law for Florida on
Q: have a child(legal adult in FL.)moved Alabama got put in a MentalHealth Hospital,now they say can they charge me with

Son moves to Alabama and gets put in a MHH he is 18 and a legal resident of Florida. They are saying that if I don't pick him up today (found out yesterday) I'll be charged with abandonment and they will issues a warrant for me. All this coming from a ex friend and no one has called me.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2022

While Alabama may think you "abandoned" him, what you did or didn't do wasn't in Alabama; it was in Florida. Alabama can't charge you because you didn't do it there. In any event, don't necessarily believe what ex-friends tell you.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Maryland on
Q: I was denied a 2nd opinion for spine surgery thus delaying healing. My issue can lead to paralysis/death. Can you help?

This was Kaiser MidAtlantic, South Baltimore location’s Head surgeon and a contracted neurosurgeon who refused minimally invasive procedures and newer 93% success rate procedures with shorter recovery periods. They prefer the 50 year old procedure that has 70% success rate initially, but within... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2022

A Maryland attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. It's going to be difficult for any attorney to offer meaningful guidance on something of this complexity without seeing the file and the terms of the insurance coverage. If... Read more »

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Florida on
Q: Medicaid application took too long to process, now responsible for $1,000 in medical bills for newborn. Can I sue?

I applied for Medicaid coverage for my newborn last month. Because they have taken so long to process the application, I will now be responsible for nearly 1,000 dollars in pediatrician bills. Can I sue the government?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2022

It is unlikely that you would prevail. The government, the federal government in this case, has probably not waived its sovereign immunity.

1 Answer | Asked in Health Care Law for Utah on
Q: Does your insurance pay if you're referred from a Dr or is it special thing that insurance won't go through the Dr?

If you get referred to a dental surgeon for wisdom teeth because they are wrapped around nerves or veins, would insurance pay for it?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2022

A Utah attorney could advise best, but your question remains open for two weeks. Insurance practices are generally governed by state law. But in general nationwide, it can be a matter of demonstrating to the carrier the need for the referral based on "medical necessity." It sounds like... Read more »

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Health Care Law for Texas on
Q: husband rescheduled mediation for 6/22. I can't wait that long due to health issues/ins. How do I ask courts sooner date

Filed 3/18/22 in Montgomery County. Texas. He is removing me from insurance, I am a double transplant survivor and cannot be without health insurance. He says come June 1st I will no longer have health insurance and will not add me unless ordered by the courts. No lawyer, I am not able to work due... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 1, 2022

You need to have your family let you borrow money so you can retain a lawyer,

1 Answer | Asked in Medical Malpractice, Personal Injury, Wrongful Death and Health Care Law for California on
Q: Can I file a person injury case against Kaiser for not doing what they were supposed to

My dad was on hospice in Kaiser they were supposed to informed me when my dad got worse for we can say our goodbyes n they didn’t the day he died they had a meeting had him sign papers I had no idea that was going on I told them not to have a meeting unless I was informed because he was on... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on May 28, 2022

You should immediately talk to a personal injury attorney who also handles medical malpractice. There are very strict timelines that you must not violate so you should talk to someone right away or you could lose the chance to do something.

1 Answer | Asked in Employment Law and Health Care Law on
Q: Can a licensed pharmacy technician of Kenyan origin work in the area?
Tim Akpinar
Tim Akpinar
answered on May 23, 2022

A state or region is not mentioned in the post, but your question remains open for three weeks. Contact the applicable state board in the state where you plan to take the exam for its state-specific testing guidelines. But as a general matter in any state, national origin should not be relevant for... Read more »

1 Answer | Asked in Health Care Law, Legal Malpractice, Personal Injury and Wrongful Death for California on
Q: To Whom It May Concern: I am a legal nurse consultant with extensive experience in Emergency and Trauma nursing care.

I review medical records, create chronologies and perform merit reviews with a strong clinical eye to help strengthen your case.

Please contact me!

Kerri Calloway, BSN, RN, CEN, TNCC

443-618-8722

Dale S. Gribow
Dale S. Gribow
answered on May 21, 2022

GOOD LUCK.............

1 Answer | Asked in Health Care Law for Oklahoma on
Q: Can I get a court order to take custody of a bipolar mental patient?

An adult with Bipolar mental disorder needs more and different professional help and is unable realize it.

Charles Watts
Charles Watts
answered on May 19, 2022

A guardianship of an incapacitated adult is possible however you will have to prove they are incapacitated and not capable of caring for themselves. Additionally they will have an opportunity to give their input at a hearing.

1 Answer | Asked in Bankruptcy, Health Care Law, Small Claims and Collections for Oklahoma on
Q: im being sued by a hospital for not paying back a debt that i have partially paid back. it says i need to write a letter

i tried using the Solo suit but my petition seems different that what its asking. can anyone help me?

Tim Akpinar
Tim Akpinar
answered on May 17, 2022

This is something that an Oklahoma attorney is best suited to advise on, but your question remains open for four weeks. If this is something in the lawsuit stage, an ordinary letter might not suffice as a response. There could be more formal legal responses needed. Unfortunately, it's... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Outstanding dental balance question.

I recently received the bill from my dentist whose services I used until May, 2019.

The bill included services that were done from December 2017 to May 2019. Since the accuracy of billing had always been a concern of mine I’m going to check the dentist office number.

But before I... Read more »

Mark Oakley
Mark Oakley
answered on May 16, 2022

It will depend on whether each of the dental procedures were either (1) part of a single overall plan for one total price that took multiple procedures to complete, or (2) whether each procedure was a separate unrelated dental procedure with a price charged for each. In the former situation, the... Read more »

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