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New York Health Care Law Questions & Answers
1 Answer | Asked in Family Law, Elder Law and Health Care Law for New York on
Q: I dont know anyone who can sign a durable power of attorney form. We dont have living friend that could do it. What now
Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 17, 2021

If you don’t have a family member or friend, you can appoint a lawyer, financial advisor or institution as your agent. If you wish them to exercise power only in the case of your disability, you should discuss a springing POA. If you have no POA and become disabled, a court will appoint a... Read more »

Q: What kind of lawyer handles criminal hospital negligence? The intent to deceive, leaving patient under continous duress.

Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... Read more »

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2 Answers | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: NYC Labor Law Question for Medical Practice

NYC Labor Law Question for Medical Practice: (1) If we find proof that a doctor employed by our practice is also working for another practice during their employment contract with us, and during our practice office hours, thus violating the non-compete agreement, are we entitled to collect any... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 21, 2021

Your rights will be governed by the employment contract as to the non-compete and time off. You cannot offset your claims against earned salary, or you will subject yourself to labor violations. You need a court case to determine your rights.

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2 Answers | Asked in Civil Rights and Health Care Law for New York on
Q: Looking for help

I have been bedridden with chronic illness for 6 years. I am required to lie down all day and am unable to get up to use the restroom. I rely on my parents for all my daily requirements. Symptoms of mine include extremely severe noise and light sensitivity which require me to wear earplugs and an... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 11, 2021

I'm sorry for your difficult situation. One option might be to reach out to a health care attorney to explore whether you could be eligible for assisted-living, based on medical condition, age, financial qualification, and whether it would be covered by insurance. Good luck

Tim Akpinar

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1 Answer | Asked in Family Law and Health Care Law for New York on
Q: My girlfriend's 22 year old daughter is under my girlfriend health care insurance.

Her daughter wants to be taken off the health insurance. We don't want her off cause she'll be going to a lesser insurance plan. Do we have to take her off the health insurance plan cause she wants off? We want to keep her on cause it's a better plan.

We live in New York.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

She is an adult and you cannot keep her on your plan if she doesn't want to be on it. You can point out to her the benefit of your plan over hers and the savings she will have in costs if she stays with your plan but in the end it is her decision.

1 Answer | Asked in Health Care Law and Legal Malpractice for New York on
Q: Father when to hospital for leg pain free no covid stayed in hospital a week had covid
Tim Akpinar
Tim Akpinar answered on Feb 28, 2021

I'm sorry for your father's ordeal. As a starting point, you could reach out to medical malpractice attorneys to discuss in more meaningful detail. If a law firm believed there could be a potential basis for a case, they could request hospital records for the stay and review them with a... Read more »

3 Answers | Asked in Health Care Law, Personal Injury and Wrongful Death for New York on
Q: Is there a time limit to file on a wrongful death (hospital) lawsuit in New York state?

I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on Feb 17, 2021

Hi – I’m so terribly sorry about your incident. I can’t imagine how you are feeling. If you would like to talk to Us or any other attorney, please contact me and we can discuss a little more Fullyt about whether you have any ability to file a suit that involves recovery. Again, I’m so... Read more »

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1 Answer | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: What are the requirements for hiring a healthcare worker example “ecg technicians” for a Telehealth company?

Does a Telehealth company need to meet particular requirements to contract a 1099 ecg technician to service a medical primary care providers patient population on the behalf of the primary care physician?

V. Jonas Urba
V. Jonas Urba answered on Feb 10, 2021

Regardless of what the parties call themselves, an employee is an employee. Many employers misclassify employees as 1099 independent contractors. Maybe the following example will help.

When most people hire plumbers, the hiring persons are not in the plumbing business. A licensed plumber,...
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1 Answer | Asked in Health Care Law for New York on
Q: Are we able to sue to doctor for the recommendation he gave that damager my Fiancé permanently?

My Fiance back in October was rushed into the hospital for sever appendicitis. The doctor told my Fiance she needs to wait a couple months before getting the appendix removed. We asked if waiting will cause any complications. He said no just that you are prone to appendicitis now. We just moved to... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 29, 2021

I'm sorry for you and your fiancé's ordeal. Given the basic and general format of this Q & A board, it would be difficult for an attorney to advise meaningfully, as this is a complex matter that would involve a file review and opinions from medical professionals. You could reach out... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: What can I do being that my dad has been in the hospital for 2 days and I’ve been calling with no answers

All the staff tells me is that someone will call you. It’s been 48 hours and no one has contacted me yet.

Tim Akpinar
Tim Akpinar answered on Dec 7, 2020

I'm sorry for your family's ordeal. One can only guess what the situation could be without knowing more details. In some cases, it could take time before a patient gets assigned to a regular room. If he came in through the emergency room, they could be running tests. He could be sent to... Read more »

2 Answers | Asked in Elder Law and Health Care Law for New York on
Q: How can I get help to obtain Power of Attorney for my Mom that is currently in and out of a nursing home and hospital?

My Mom went to the emergency room in the beginning of October, her blood pressure was high,,the next thing I know, she has been intubated, and from then on, she has not been able to return home.

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 4, 2020

To sign a Power of Attorney, your Mom must be able to understand what she is signing and its impact. If she suffers from dementia, Alzheimer's or a mental infirmity and is unable to understand, you would have to bring a Guardianship proceeding to assume control of her property and/or personal... Read more »

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1 Answer | Asked in Health Care Law for New York on
Q: Do I need to pay the bill for a wrong diagnosis done in hospital pediatric emergency?

This was when we were on a trip to new Jersey. My toddler kid who can't even speak had a nursemaids elbow (elbow dislocation). The emergency doctor did not even touch her to see what's wrong, ordered x-ray of the shoulder and that too the wrong shoulder and said everything is ok. The kid... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 11, 2020

I'm sorry for your ordeal with your child's elbow dislocation. This does not appear to be something on which an attorney could readily offer a quick "yes" or "no" answer. Although you say the hospital did not do the right thing, it is possible that their version of the... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: What is the easiest way to research NYS Public Health Laws Put a section number in and all the amendments come up?

Have been searching on NYS ASSEMBLY and NYS government sites Is there an easier way?

Tim Akpinar
Tim Akpinar answered on Nov 4, 2020

It looks like you already tried the New York Senate site under Laws of New York/Consolidated Laws. There is a section here on the Justia site - you may need to verify with Albany or other sources on your own as to whether the provisions are the latest, as they say 2019.... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: My medical info from physicians office has been shared possibly with my employer HR office and definitely disability.
Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

As a general matter, an entity would need an authorization signed by you to obtain your medical records. You mention disability. If there is a pending disability claim, medical authorizations could materialize in the course of the application process for benefits. Another explanation, which an... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: My mom suffered a stroke in 2014 from a hospital that misdiagnosed her pre stroke the day before.

6 years later my mom suffered another stroke that caused more damage. Can that same hospital be held responsible for this stroke as well.

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

I'm sorry for your mom's ordeal. This is something that calls for a medical opinion. If a physician was asked to make such a determination, it's likely that they would want to know more about the medical history. You could reach out to med mal attorneys. If a law firm felt there was... Read more »

1 Answer | Asked in Consumer Law, Civil Rights and Health Care Law for New York on
Q: It is legal for a gas station to deny me access to a restroom because they don’t want to pay septic fees?

The manager and the owner are not allowing anyone to use their restroom even though it works due to the fact they are tired of paying septic fees. I used it the last 3 days even though they have not in service signs and I have asked before to use the restroom and they said no sorry but when I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 5, 2020

Here is a link to an organization that is involved in this issue. You could look into whether their resources offer guidance: https://americanrestroom.org Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law for New York on
Q: My father is in a hospital and has had several falls out of bed trying to get himself out of bed, I wasn't notified.

My father told me of both situations I discussed my being mad about not getting notified yet again. Called this morning and my father had been moved to a different part of hospital and wasn't informed that either

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

I'm sorry for your ordeal. If you reach out to attorneys to discuss this in greater detail, a primary question that will arise is whether your father was injured. I hope your father did not sustain injury, but how an attorney proceeds with such a matter could hinge largely on that. Good luck... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Is it legal for a nurse to say something to a patient that ultimately causes them harm?
Tim Akpinar
Tim Akpinar answered on Sep 20, 2020

It would depend on what was said and what the harm was. If it involved medical instructions that resulted in physical harm in the form of injury or illness, it could possibly give rise to damages. Good luck

Tim Akpinar

1 Answer | Asked in Elder Law, Health Care Law and Landlord - Tenant for New York on
Q: When an adult relative moves into my rent-stabilized unit, what do I say if the landlord asks how long they'll be here?

I'm an age 72 disabled senior who has lived in my rent-stabilized apartment In NYC for over 30 years. Before Covid, I rented my second bedroom to college students from Japan to defray my monthly expenses. I have built up rent arrears this year because I've not been able to rent to foreign... Read more »

Elaine Shay
Elaine Shay answered on Sep 15, 2020

The landlord appears to have no basis to ask you how long your new housemate may be staying with you. In NYC you are entitled to have a roommate even without your landlord's permission. Although the landlord may have inquired because of the Covid-19 crisis, it is perhaps even more likely you... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Can a college in nys legally require you to get the rabies vaccine?

I’m enrolled in a vet tech program in nys and they are requiring that each student gets the rabies vaccine in order to get clinical experience.

Tim Akpinar
Tim Akpinar answered on Sep 15, 2020

I am not certain of case law on the issue, but a private academic institution could assert that it has a legitimate basis for mandating the vaccine due to health and safety issues. Good luck

Tim Akpinar

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