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Georgia Health Care Law Questions & Answers
0 Answers | Asked in Elder Law, Health Care Law and Medical Malpractice for Georgia on
Q: I am not a lawyer. My former primary care Dr elected to join another concerige practice.

I elected to stay with the remaining DR. in the practice. I recently discovered there was no effort to transfer my medical records to the remaining Dr in the practice. title-31/chapter-33/section-31-33-2/ is ambiguous in this case of failure to transfer. It appears the records are being held... View More

0 Answers | Asked in Education Law and Health Care Law for Georgia on
Q: I am an orthodontic resident at Georgia School of Orthodontic and I am accused of inappropriate questioning of a minor

patient (16.5 year-olds in Georgia State) without parental consent regarding medication birth control pills led to a formal complaint by the father

what is the legal age for medical consent related to this case, and is it ok to ask her for her physician's consultation to give... View More

1 Answer | Asked in Criminal Law and Health Care Law for Georgia on
Q: Can a mentally ill person be charged for battery while under 1013 from being combative resulting in injury of a nurse?
Glenn T. Stern
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answered on Oct 17, 2024

Yes. The standard of proof for an arrest is relatively low; the fact that the person may not be mentally sound is a defense to the charge, but not something that would prevent the charge from actually being made. Once the case makes it to court, the individual's attorney could then assert... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: How can I receive help with extending the statue of limitations on when I can file a claim against a hospital for neg?

Medical negligence... I almost died from internal bleeding during an emergency c-section on 10/16/22.

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could reach out to Georgia attorneys to discuss. I do not practice in Georgia, but from information which is readily available online, it appears that the statute of limitations... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: My chiropractor did not file a claim with my insurance company and now it’s too late. Now he wants me to pay.

If he would’ve filed with my insurance company, I would not have had to pay anything, because I was over my deductible and out-of-pocket limits. From what I’ve found, he is in violation of Georgia law. Please advise.

Tim Akpinar
Tim Akpinar
answered on Sep 7, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. As a GENERAL PRACTICE nationwide, if the delay was due to awaiting things from patient - providing signature on an assignment of benefit, providing insurance info, patient agreed to valid lien, etc., it's on... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: Am I responsible for "balance billing" for ambulance transport under10-13.

Minor daughter taken to local ER/ placed on hold and transported to Mental hospital. Billed 5256, insurance paid 1329 and a bill was sent to my minor child for 3927 for the difference and they will not work with it or waive it.

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. It's difficult to say what the balance legally owed should be without seeing the bill and EOB. As a starting point, you could request insurance company's denial or EOB. That should at least outline which... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: I NEED "SPECIFIC POWER OF ATTORNEY" for Correspondence
Tim Akpinar
Tim Akpinar
answered on May 15, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. One option is to review whether the ready-made templates for POAs out there serve your needs. Another is to consult with an attorney and discuss terms for drafting a standard POA. Good luck

1 Answer | Asked in Health Care Law for Georgia on
Q: I'M doing an assignment but do not understand how to answer the question: This is for the Case of Gobeille v. Lib.

Do the reporting requirements of the Employee Retirement Income Security Act of 1974 preempt a Vermont state statute regarding reporting requirements as applied to a self-insured employee health plan? The case is in regards to the decision "Gobeille v. Liberty Mutual. I need to explain and... View More

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2024

A starting point could be to look up the decision online. Some cases could be the subject of blogs and law journal articles, where quality analysis of a case exists - IF the central issues were noteworthy. It could be worth checking. Good luck

1 Answer | Asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia on
Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: Can a Power of Attorney make police reports on someones behalf?

My sister is currently in the hospital due to getting very sick and is not getting discharged until March 2024, she's unable to speak due to having a tracheostomy tube. Our father is currently her Power of Attorney due to him having to do things on her behalf. The problem is the step mother of... View More

James L. Arrasmith
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answered on Jan 26, 2024

Under California law, a Power of Attorney (POA) grants an individual the authority to act on behalf of another person in financial and legal matters. However, the ability to file a police report on behalf of another individual is generally not included in the typical powers granted by a standard... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: Need help with telehealth questions and answers and consent forms reviewed.

Hello! I am close to opening my telehealth business and looking to connect with a lawyer who can help answer some questions related to Georgia telehealth laws and reviewing the consent forms I put together. ( GA medical board has been slow to get clarity on the questions I have )

Thank you!

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. It may have gone unanswered because it is deeper in scope than most quick, general questions here. It may be something that could involve a consult. In terms of reviewing forms, the format here isn't geared... View More

1 Answer | Asked in Consumer Law, Business Law, Health Care Law and Libel & Slander for Georgia on
Q: A business gave my personal information to their customer in retaliation. What can I do?

My elderly mother’s name and that they knew her.

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

A Georgia attorney could advise best, as your remedies could be governed by state law, but your question remains open for three weeks. At this point, one option could be to try to set up a free initial consult with attorneys who handle privacy-related matters, and possibly health care... View More

1 Answer | Asked in Criminal Law, Health Care Law, Libel & Slander and Medical Malpractice for Georgia on
Q: Hello, I'm currently researching for a lawyer that practices in hippa law violations.

More info can be provided once I'm guided in the correct direction of a lawyer who practices with confirmed and clear violation of the hipaa laws.

The person has been terminated from their medical position and this has caused excessive personal anguish.

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

You may have found an attorney by now, as your question was posted two weeks ago. But if you're still looking, in addition to your own independent searches, there's a tab above, "Find a Lawyer." Local and state bar associations may also have sections for attorney referrals.... View More

2 Answers | Asked in Health Care Law for Georgia on
Q: Are doctors allowed to ask and record my income in my health records/care notes?
T. Augustus Claus
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answered on Aug 29, 2023

Doctors and healthcare providers in Georgia are generally allowed to ask and record information related to your income in your health records or care notes if it is relevant to your medical treatment or care. The Health Insurance Portability and Accountability Act (HIPAA) allows for the collection... View More

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2 Answers | Asked in Family Law and Health Care Law for Georgia on
Q: Question regarding contempt/past due medical bills

The NCP hasn't paid their portion of any medical/dental copays (all documented w receipts in OFW) until after contempt was filed. The order has been changed and modified since but paying 50/50 of copays has remained the same. They state that they do not owe anything prior to the new order.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 7, 2023

We can't say what they owe or don't owe because we don't know your case, haven't seen your orders, and haven't seen any documentation. If they were to pay a share of uncovered medical prior to the new order and they didn't, then they do owe. But you also said you had... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for Georgia on
Q: In an ERISA STD claim - is it common practice for the claimants doctor to be listed as a paid vendor in the claim file?

I am the claimant. My employer set me up with the doctor when I had long haul covid. The doctor rescheduled every appointment and then wouldn’t provide office visit notes. The same doctor has lost his license in other states and is noted for accepting ‘more money than. 79% or other doctors for... View More

Michael Grabhorn
Michael Grabhorn
answered on Aug 11, 2023

It is very common for insurers and administrators for employer provided short-term disability to use 3rd party medical reviewers as part of the claim process. These 3rd party medical record reviewers generally do not have a direct relationship with the insured. They are hired and paid by the... View More

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1 Answer | Asked in Health Care Law for Georgia on
Q: How do I withdraw my service with home health .?

An can I refuse to let the aid in my home ?

Tim Akpinar
Tim Akpinar
answered on Jun 27, 2023

A Georgia attorney could advise best, but your question remains open for four weeks. It could depend on the terms of your contract. Check the provisions for termination or cancellation. Good luck

1 Answer | Asked in Criminal Law, Domestic Violence and Health Care Law for Georgia on
Q: Boyfriend was charged with aggravated assault (Im the victim) Is there any way the charges can be dropped?

Got into a disagreement with my boyfriend which led to a heated argument. I was struck in the head. I called the police and he was charged with aggravated assault - family violence. I'm looking to drop the charges. I understand this is at the DA's discretion. I looked into affidavit for... View More

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

This is my core practice area, and he needs a strong lawyer at a minimum. You may benefit from independent counsel as well, since the State can be very aggressive leaning on alleged victims during the case.

ANYTHING you say to the State can get twisted and turned around, so be VERY...
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1 Answer | Asked in Health Care Law, Wrongful Death and Medical Malpractice for Georgia on
Q: Dad died at hospital, I feel there was negligence. Is this is a case?

My 83 yr old Dad was in a local nursing home, positive for Covid on 3/23. Told multiple times he was good. Visited on 26, I asked nurse how he was, told fine but I found him unresponsive. I asked for help with him but only nurse was giving meds and none of 3 CNA at desk would answer when used call... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 5, 2023

This is a situation where it may be an excellent elder abuse case. Consult with experienced elder abuse attorneys.

1 Answer | Asked in Personal Injury and Health Care Law for Georgia on
Q: Patient’s attorney states he negotiated our contractual lien with our secretary and claims it’s legal???

We own a physical therapy practice and established a medical lien for PT services with our client and their attorney in 2016 after a MVA. We routinely followed up as to the status of the claim with their office repeatedly reporting “no settlement at this time.” The claim went on for years and... View More

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. You are seeking counsel according to your post, but it could be difficult for attorneys to reach out to you. The format here is limited to Q & A. This forum doesn't operate like an attorney referral... View More

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