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Virginia Health Care Law Questions & Answers
1 Answer | Asked in Criminal Law and Health Care Law for Virginia on
Q: What can I do for a family member that is incarcerated and needs psychiatric care?
Bernard Crane
Bernard Crane answered on Jul 19, 2021

Where is he in the process? Is he pretrial, presentence, or serving a sentence?

If he is being held pretrial or presentence, talk to his attorney right away. The attorney will know what resources are available locally to help, and how to get the Pretrial Services Agency or the jail to do...
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6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 1, 2021

The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.

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1 Answer | Asked in Workers' Compensation and Health Care Law for Virginia on
Q: My employer's insurance wants my entire medical record to file my back injury claim. Do I actually have to give that?

I am a healthcare worker who was exposed to an aggressive patient who caused a repetitive stress injury to my back over the course of my shift. I filed an incident report before clocking out and went to the doctor immediately, and due to timely intervention was back to baseline within a few days.... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 3, 2021

I'm sorry about your injury. An experienced workers' comp attorney should answer your question, but it remains open for five weeks. As a GENERAL doctrine of insurance law in virtually any setting, insurance carriers generally have the right to request prior medical/accident records that... Read more »

1 Answer | Asked in Health Care Law and Social Security for Virginia on
Q: What should I do

I went into a nursing home right after hip surgery for less than a month. Well no one at social security office changed my address and now they are deducting a yrs worth out of my check because they claim I was in a nursing home a yr. I was in only for 24 days. So I told them well one agent... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

Keep talking to SSA. Attorneys frequently work out deals for payment, and later SSA changes things on them. In this case, it sounds like if you get paid for the missing year, your attorney might actually get more money. I would at least discuss the situation with your attorney to find out what they... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Virginia on
Q: An employee at a pediatrics office copy and pasted my sons Phi into my other Sons new patient account at reg.

Both boys have different last names she assumed information was the same and made my husband his guarantor we've received a bill in my husband's name for my son listed as the guarantor isn't this a major policy breach. Etc. There were some safety concerns for the possibility of what... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 7, 2020

I regret that I do not handle health care law matters. Sorry.

1 Answer | Asked in Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: Got injured at work, accepted and insurance settlement and paid initial bill. Received additional bills, what can I do?

I got injured last year at work (bit by a rabid cat) and received a ~$15k settlement from the customers insurance company. The original bill I received from the hospital was for ~$5k, which I paid. I just got another bill for an additional ~$25k because I do not have health insurance and my... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 12, 2020

I regret that I do not handle personal injury cases. Sorry.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Virginia on
Q: Are there any lawyers with experience in the mental health laws is Virginia?
Tim Akpinar
Tim Akpinar answered on Feb 16, 2019

One option is to check with the Virginia State Bar's Lawyer Referral Service.

Tim Akpinar

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Virginia on
Q: Can a ER doctor tell a patient they can NOT come to the ER and give them a LIST of items they cant be seen there for ?

Hello, Can you please let me know if a patient is disabled and injured and got to the nearest ER for an unrelated problem, can the ER Doctor make a list of items ( symptoms ) they can NOT come there for ? The patient is suffering from a chronic condition. The pateint has a mass on back under skin... Read more »

Anthony M. Segura
Anthony M. Segura answered on Dec 23, 2018

I'm sorry that someone wasn't treated well at the hospital. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on... Read more »

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1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

The first surgery failed due to the screw broke an plate shifted now they went thru my back it's been since last July 2017 an I feel like I don't get what I deserve I only get a weekly workman's comp check an they are 3 weeks behind

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Dec 10, 2018

You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.

1 Answer | Asked in Criminal Law and Health Care Law for Virginia on
Q: Hello, If I were to have my criminal record expunged, would I be able to obtain a massage therapy license in Virginia?

I have 3 misdemeanor charges.

Daniel P Leavitt
Daniel P Leavitt answered on Nov 7, 2018

If you were found guilty that's not technically eligible for an expungement in Virginia.

1 Answer | Asked in Civil Litigation, Health Care Law and Landlord - Tenant for Virginia on
Q: My case involves a home health care provider that refused to enter into an agreement with me days after i moved in.

After moving in she and the live in aide engaged in behavior that I considered unprofessional and inappropriate. Even though I paid rent she denied me certain comforts that was afforded to the other occupant of the home. She attempted to evict me but could not prove her case. She pretended to be... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 21, 2018

You should call the Office of Legal Aid for civil matters and ask if they can help you. Sorry that I do not handle this type of case.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Virginia on
Q: can I notorize the original birth certificate requested instead of sending the original birth certificate

the Institue where my son is an inmate is requesting his birth certificate they will not send the original one back

F. Paul Maloof
F. Paul Maloof answered on Sep 14, 2017

I think you should ask the Institue

If they will accept a notarized affidavit that swears the copy is a true and accurate copy of the original. Attach the copy to the affidavit.

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: Can you please let me know if its legal in Virginia for the Emergency Room EXAM rooms to have hidden cameras/audio?

I would like to know if its legal in Virginia to have hidden cameras in the Emergency Room private exam rooms ? I know when you sign into the ER you have to consent to many forms. Not sure of this may include consenting to having your rights violated in a room you expect to have privacy in with... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 5, 2017

Given the level of violence in ER's not likely it is a violation.

1 Answer | Asked in Civil Litigation, Consumer Law and Health Care Law for Virginia on
Q: I had my bank account garnished over a hospital bill now 2 months later my paycheck garnished over same hospital

This is in Richmond Va. what can I do they will not take payment arragments

F. Paul Maloof
F. Paul Maloof answered on Jul 1, 2017

You have the right to file a homestead deed or you can file bankruptcy. You should consult a local attorney.

1 Answer | Asked in Health Care Law and Medical Malpractice for Virginia on
Q: Are there legal remedies against medical facility with breech of records and neglige

A large hospital was careless. negligent and did not take REASONABLE care or even any possible protocol for transferring 7 years of medical records. We were notified by the Regional Director there has been a breech with this and of course I am sick with worry/ The hospital tried to cover up the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2017

Generally no. If you can show there was in fact some definite use of the information by someone for identity theft you may have a claim.

1 Answer | Asked in Contracts, Health Care Law, Legal Malpractice and Medical Malpractice for Virginia on
Q: Hello, Is there any legal remedy to sue a hospital for medical records breach that was cover up by employee ?

The hospital did not take reasonable care and we were notified there has been a serious breach of hippa and privacy rights. My concern is not knowing who has all these records and the employee took great measures to cover up the breach but it was discovered . Do we have a lawsuit ? I really hope... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2017

Generally there are not damage cases you can bring for a HIPAA violation.Contact a local attorney to be sure.

1 Answer | Asked in Personal Injury and Health Care Law for Virginia on
Q: if cigna ins. denies MRI request reston spine and pain can i go legally after them. i have no use of rt wrist

completed 35 phy thy sessions during 25 visits to surgeon who kept injecting me into the nerve. then aug 26, surgeon refer me to reston spine ctr who is trying to fix me but cigna keeps dening all request.

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2017

You need to make sure the doctor has specified why it is needed; that they have stated what their reasons are. Contact the state insurance commission and the Attorney General's office of consumer affairs.Also contact a member of the Virginia Trial Lawyers Assn who handles "insurance bad... Read more »

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Medical Malpractice for Virginia on
Q: HB 2163 in Virginia if it is signed into law when does it come into effect. Does it come into effect july 1st?

I am a patient being treated with buprenorphine and if this law is passed my understanding is I will lose my medication. It can't be legal for someone to be taken off a medication they would need to be detoxed from at least is it? I have an allergy to Narcan so I cannot have suboxone, I need... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 19, 2017

Contact your local state rep or state senator.

1 Answer | Asked in Health Care Law and Medical Malpractice for Virginia on
Q: I need to know if it is legal for a doctor or medical facility to dismiss a patient from their service( see additional)

by registered letter without stating the reason and refusing to explain to the person or person allowed to have information on the person (Medical information). I suspect this may be because of pain meds but have medical proof of problems requiring meds. And this may again delay needed surgery... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 5, 2017

Yoiu can't make a doctor take you on. You can look at your medical records. Assuming they are kept electronically you can ask for a disc with the records --this saves you a lot of costs. Then take disc to staples & have them print it off.

1 Answer | Asked in Health Care Law, Personal Injury and Legal Malpractice for Virginia on
Q: I was rushed to hospital for extreme flank pain while pregnant. I was later sent home with no real explanation.

While in hospital they were rude and brushed off the severe pain. I was admitted to a different hospital a week later with sepsis because the 1st hospital didn't see that I had a serious illness pylonephritis. I almost died because the er that was so rude and told me to be quiet and stop... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2016

On the failure to diagnose possibly. On tudeness, no.

Contact a member of the Virginia Trial Laweyrs Assn--they give free consults.

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