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Minnesota Health Care Law Questions & Answers
1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Health Care Law for Minnesota on
Q: I was on a probationary period in my beginning of employment, my job put me in the hospital had surgery, can I be fired

I was lifting heavy objects and climbing up and down ladders and I ended up getting a cyst that ruptured on my tail bone, ended up in surgery. They said I’d be able to continue work in 4 weeks I kept in contact during and after my procedure with my company of employment, when I brought the... View More

James L. Arrasmith
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answered on Jan 15, 2024

In your case, where you were terminated after a work-related injury during a probationary period, several factors need to be considered.

First, examine the terms of your employment, especially any probationary policies. Employers often have more discretion in terminating employment during...
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1 Answer | Asked in Health Care Law for Minnesota on
Q: Should a dentist charge me to fix a problem they created?

I got a filling, which ultimately killed the nerve in my tooth. Now I need a root canal and crown, and I'm basically paying for a mistake they caused. Is there any legal action I can take? The estimate I received for the root canal/crown was $1400.

T. Augustus Claus
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answered on Jan 3, 2024

In the context of health care law, if a dental procedure results in an unintended issue, patients may have the right to seek a resolution. It's advisable to communicate with the dentist who performed the initial procedure, express your concerns, and discuss the subsequent treatment costs. In... View More

1 Answer | Asked in Health Care Law for Minnesota on
Q: I was fooled into paying for extra healthcare coverage by my ex in the amount of $15,000 over the last two years.

I am a divorced, single mother of three, my oldest went of to college two years ago. I recently read in my decree that once my son become 18, that I was no longer mandated to cover him under my employers health insurance. (I am a school teacher) My health coverage is nearly free but adding a child... View More

James L. Arrasmith
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answered on Nov 8, 2023

As a divorced single mother who has been potentially misled regarding healthcare coverage costs, you have the option to seek reimbursement for the expenses you should not have borne alone. Review your divorce decree and any communication you had with your ex regarding the insurance payments. If... View More

1 Answer | Asked in Health Care Law and Business Law for Minnesota on
Q: Minnesota business. Newly Healthcare based LLC. Nurse owned. Can my LLC accept donations? Or would this be unethical?
Robert Kane
Robert Kane
answered on Aug 30, 2023

I don't know if it would be unethical, but it would be illegal if not done properly. An attorney can explore this option for you. Rogue charities make the front page news.

Charitable Solicitation Act, Minnesota Statutes sections 309.50-.61, governs the activities of charitable...
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1 Answer | Asked in Criminal Law, Domestic Violence, Military Law and Health Care Law for Minnesota on
Q: 7 yrs after supposed suicide why would the ME office send back a partial police report that's fake? Is that my proof?

I have proof against an abuser/drug dealer who's been somehow discrediting me and changing legal docs at court house. If I prove the abuse, it'll prove two deaths are NOT suicide. And struggling getting my Mayo Clinic medical records sent to the VA cuz have proof of abuse! I have been... View More

James L. Arrasmith
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answered on Jun 18, 2023

I'm sorry to hear about the difficult situation you are facing. It sounds like you have been through a lot and are trying to uncover the truth about the deaths of your ex-husband and stepson.

If you believe that the medical examiner's office has sent you a partial police report...
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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)?... View 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... View More

4 Answers | Asked in Criminal Law, Health Care Law and Identity Theft for Minnesota on
Q: Charges for Using Discarded Medical Info for ID Theft

This is a weird one. What charges could someone face for using medical (biohazard) trash/waste to obtain info for Identity Theft?

Sarah Gad
Sarah Gad
answered on Jan 21, 2023

Tampering with medical/biohazard waste can engender both civil and criminal penalties, but the penalties vary substantially depending on the context, who the offender was (i.e., a medical employee, company), where it took place, and what the violation was. There are, however, various Federal... View More

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1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Health Care Law for Minnesota on
Q: how can i be so violated in my rights and yet not have legal assistance in civil claims? is it easier to not help?

i have valid claim for county liability.

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2022

A Minnesota attorney could advise best, but your question remains open for a week. It isn't clear what the matter is about, but keep in mind that if your claim involves a county or public agency, it's possible there could be notice of claim elements. Only a Minnesota attorney could advise... View More

1 Answer | Asked in Family Law and Health Care Law for Minnesota on
Q: My mother , ssi income, is being taken to court by a nursing home where my father stayed .

We have records showing they were paid by insurance co. As well as other extenuating issues. I think she should have someone helping her with this but she’s on a very limited income.

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2022

A Minnesota attorney could advise best, but your question remains open for three weeks. One option here could be to look into whether pro bono or legal aid resources could assist here, due to your mother's financial hardship. You could also check with the Minnesota Bar Association. You could... View More

1 Answer | Asked in Health Care Law for Minnesota on
Q: Mental health case. Of adults positive reinforcement psychology. Care
William Bailey
William Bailey
answered on Nov 20, 2020

This doesn't make sense. Try posting again and include a question.

1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Social Security for Minnesota on
Q: Can I sue a med clinic/neuropsychologist for misdx of Early Onset Alz & not releasing med records to Mayo for tx?

Neuropsychologist told me I had Early Onset Alzheimer's (runs in my family), that I couldn't work anymore or be able to learn any new training/job. She later changed her report to say I had Mild Cognitive Impairment, Amnestic Type.

I went to Mayo in Rochester for a 2nd opinion... View More

Brad A. Thomas
Brad A. Thomas
answered on Nov 9, 2020

If you have a scheduled hearing coming up then you need to find a disability attorney as soon as possible because going to a Social Security Disability hearing on your own is not a good idea. You can use the "Find a Lawyer" tab at the top of the page, or call NOSSCR Lawyer Referral... View More

1 Answer | Asked in Personal Injury and Health Care Law for Minnesota on
Q: I had a toxic reaction to a substance used in a routine X-Ray procedure.

I had previously informed the facility that I was allergic to this substance, yet it was administered anyway. This resulted in two trips to the ER in four days. Both times my complaint that I was given a toxic substance were not addressed by the on-duty physician and I was discharged while still... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2020

A Minnesota attorney could advise best, but your post remains open for two weeks. It sounds like what you experienced might have been a severe reaction to a contrast agent - only a medical professional could say for certain. You could contact a Minnesota med mal attorney to discuss the matter... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Minnesota on
Q: Can I pursue a case against a doctor for misdiagnosis, if said misdiagnosis has caused chronic pain lasting for years?

I went to the doctor for a bug bite, but I was also getting migraines, muscle and joint pain, and fatigue. This doctor analysed all of those symptoms separately instead of all together. I took the antibiotics she prescribed, but only got worse until my skin started getting splotchy red spots that... View More

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2019

It's possible you could, but keep in mind that the assertion of the ER staff that the primary care physician should have caught it is not irrefutable evidence that creates an airtight case. It also appears that there is considerable passage of time, which is something that attorneys defending... View More

1 Answer | Asked in Car Accidents, Workers' Compensation, Constitutional Law and Health Care Law for Minnesota on
Q: Can we sue someone for scaring us by a car?

I work in the traffic department as a traffic controller as they are no signals i have to stand in the middle of the street and guide ways to the cars. Once i was doing my job a car on purpose came fast as if he was about to hit me, neither he was going straight or left he was coming were i was... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2018

Did you report him to the police? Seems it violates several code sections. Can you sue him? Technically yes, but as that type of case is frowned on by the Courts I doubt it. If you have ptsd then see about having it documented.

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