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Louisiana Health Care Law Questions & Answers
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 Family Law, Civil Litigation, Civil Rights and Health Care Law for Louisiana on
Q: I need to revoke power of attorney but don’t remember the date it was initiated how can I remove it without the date

It’s in Alexandria Louisiana and the person who it was given to will not tell me the date and are miss using the powers acting on my behalf I have the paperwork to file but I do not have the original date of the initiation can I proceed without it even if it ask for the initial date on the form ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 26, 2022

File a Revocation with the Clerk of Court and request service on the person to whom you gave the power of attorney.

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Health Care Law for Louisiana on
Q: Must I abide to details of a listing agreement?

I was ordered to sign a listing agreement for the partition of co-owned property. I signed the agreement but it has been one month and I have not shown the house due to COVID concerns. I just received a Motion for Contempt. I don’t know if that puts me in contempt since the order only stated I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 30, 2021

You need to agree to requested showings. The CDC concluded that surface transmission was low. Get vaccinated. You can require that anyone looking at the house wear a mask and stay outside yourself until the showing is over. If not, you can be held in contempt.

1 Answer | Asked in Criminal Law and Health Care Law for Louisiana on
Q: If my name is on a global watchlist as reinstated, would this prevent me from getting an exspungment?

I have a misdemeanor from 2004 for unlawful alcohol sale and I just got reinstated no arrest for pretrial for Medicaid fraud. I was told my name will stay on the list ten years. Can I get my records clear or do I have to wait ten years?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 5, 2021

Your question is not clear. I guess you are trying to say your license to sell alcohol has been reinstated. "No arrest for pretrial for Medicaid fraud", means what? Does that mean you are out on bond with a misdemeanor charge pending? Call a criminal attorney to clarify your question.

1 Answer | Asked in Child Custody, Child Support, Family Law and Health Care Law for Louisiana on
Q: need information on Medicaid/child support and how they are connected in in Mississippi

i am a resident of Louisiana and so was my ex husband me and my ex husband got a divorce due to him cheating it was filed in January and granted in march i was also informed that me ex husband was expecting a new child with the female that he cheated on me with and is in a relationship with they... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 12, 2021

Hire a custody lawyer.

2 Answers | Asked in Health Care Law and Wrongful Death for Louisiana on
Q: My sister was hospitalized and released from a hospital in 2018 and had to readmitted the next day and intubated .

When she was released she wasn't suctioned properly and Conti ued to be admitted and released . She asphyxiated on the trache in 2019. Can I sue for wrongful death?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 30, 2021

Get a consultation with a medical malpractice attorney. But they will want to see the medical records to evaluate the case.

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1 Answer | Asked in Health Care Law and Juvenile Law for Louisiana on
Q: my parents are mean to me. i hate them and i want to runaway with my boyfriend, can i get into troble?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 30, 2021

Yes, you could up in Florida Parishes Juvenile Detension.

1 Answer | Asked in Health Care Law and Medical Malpractice for Louisiana on
Q: can a 16 yr old kid be examined without a guardian present. and do they have to let guardian know what is determined.

an pec was signed for a 16yr old kid

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 22, 2021

Generally, there are certain instances a minor can be examined without a guardian present. The facts of each case would determine whether this could be done. And yes, the parent or legal guardian is usually entitled to have access to that information, absent some limited exceptions (such as a... Read more »

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Health Care Law for Louisiana on
Q: Can I legally get arrested and commitment to a rehab or insane asylum for hearing voices and exhibiting odd behavior?

I was in my own home that I jointly own with my mother and one of my two sisters that lives with me called the state marshall and said I was staying up all night and hearing voices which is true,laughing and talking with them while they had me on strong mental health meds. My other sister... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 1, 2021

Anyone can call the Coroner to have your committed for 72 hour examination.

1 Answer | Asked in Health Care Law for Louisiana on
Q: Is it against the law for dr to email an excuse from work?

I was told that my work excuse could only be faxed or picked up.

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2020

A Louisiana attorney could answer best, but your question remains open for a month. Some offices might impose their own protocols in the interest of security or integrity for their documentation. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law and Medical Malpractice for Louisiana on
Q: If you are 9 weeks pregnant and the Dr prescribed you antibiotics that will harm your baby what can you do?
Tim Akpinar
Tim Akpinar
answered on Mar 8, 2020

A lawyer shouldn't advise you here; a doctor should. You should express your concerns about the impact of such antibiotics on your baby to your doctor. And if your doctor's reasoning for prescribing such pills does not address your concerns, you could seek a second medical opinion. Good... Read more »

1 Answer | Asked in Health Care Law for Louisiana on
Q: Can a lawsuit be filed against a hospital?

Recently upon checking my credit report, I noticed a medical bill listed. However, I have never been admitted to that hospital nor did I live in that state. Therefore, someone(I have an idea who) used my name, date of birth and social security number. Can a lawsuit be filed against the hospital?

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2019

A Louisiana attorney could advise best on this, but your question remains open for two weeks, and it's advisable to take timely measures with this. Before moving forward with formal legal action against the hospital, you could contact their billing and collection department and ask them how... Read more »

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Louisiana on
Q: How can I get my mom into a nursing home. I'm not her power if attorney. She is being neglected I have video proof.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 27, 2019

A family law attorney can file an interdiction on your behalf.

2 Answers | Asked in Child Custody and Health Care Law for Louisiana on
Q: My ex who moved to another state has informed our children's therapist he doesn't want them treated. can she treat?

The children have an established relationship with her for the past year. She has been very open with him regarding their treatment and has documentation of hours of phone conversations with him.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jul 19, 2019

Either parent has full authority to authorize treatment for the children, absent a judgment to the contrary.

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1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Louisiana on
Q: My husband recently passed away from going into anafalatic shock none of the first responders had an epipen

Fire department attired first the police then ems. With the epipen he would still be with us

Peter N. Munsing
Peter N. Munsing
answered on Oct 2, 2018

I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.

2 Answers | Asked in Child Support and Health Care Law for Louisiana on
Q: My son is 16 will he lose his Medicaid if I drop the child support case.
Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 12, 2018

I'm not sure of your question. Your statement is probably true.

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1 Answer | Asked in Personal Injury and Health Care Law for Louisiana on
Q: Can my commander make me cancel a medical appointment for field training?

I just recently got back from a deployment, during my PDHA I asked to make an appointment for severe back pain and shoulder pain. I received no call for a few weeks after being back so I went in to the aid station to make one. I was told again, that the PA would call me, which he didn’t. Just... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Aug 10, 2018

Because your question deals with the military, I would suggest you speak with someone in the JAG office.

1 Answer | Asked in Medical Malpractice and Health Care Law for Louisiana on
Q: Has my minor childs Hippa Rights been breached or violated ?,

A woman that I know who's child does not get along with my children works at the pharmacy where my child's lice medication was called into. She is a Tech and assited in getting my child's medication ready for pickup. About an hour after picking up her prescription I received a text... Read more »

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

Unlikely under the facts but even if they were it's problematic legally as there is no remedy for the person in the Privacy Act!

1 Answer | Asked in Employment Law and Health Care Law for Louisiana on
Q: a dentist at a dental school shared my medical information with a co worker I lost my job , what attorney ??

I was at UCLA dental clinic the dentist was discussing my health history in front of patients , students and family members of patients , so I filed a HIPAA compliant with UCLA before I left the dental school , by time I drove back to my office another dentist called a co -worker to discuss the... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 3, 2017

I am licensed only in Louisiana, but under Louisiana law, this would fall within the realm of malpractice. I would suggest you start by contacting an attorney that handles medical malpractice matters. Good luck.

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Louisiana on
Q: My step son that I have raised since he was 9 years old. Now 30 years old is in a medically induced coma.

Can I fight for medical power of attorney? His sister that never have anything to do with him are not allowing me to see him in ICU. Both his real parents are deceased. I am his only living parent figure and have been taking care of him for over a year now because his blood relatives will not help... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr
answered on Sep 4, 2016

I am very sorry for your step son's situation. Unfortunately, it is too late to consider a "medical power of attorney." A medical power of attorney is something you set up to deal with this situation before it happens. Given your step sons age, I am assuming this was not... Read more »

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