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Georgia Health Care Law Questions & Answers
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

1 Answer | Asked in Health Care Law for Georgia on
Q: Can Hospital sue me for a service over a year ago?

Was served papers that I am being sued from the local hospital for services that were received over a year ago. I talked to the billing department over a year ago about the bill, asked the lady to call me back as I was at work. Never received a call back. Now I am being sued for $1,096. What should... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. Until a Georgia attorney could advise on specific state law about SOLs for collection, you could try to learn more details about the collection action. If the hospital's collection efforts are still timely,... View More

2 Answers | Asked in Health Care Law and Personal Injury for Georgia on
Q: My son was choked in the hospital by staff, what can I do?

I had to scream for the guy to stop choking my child, the hospital tried to keep me from reporting the incident

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If you believe your son was the victim of a crime, you have every right to not only report the incident, but to also seek Criminal Warrants from law enforcement in the County where the alleged crime occurred.

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1 Answer | Asked in Health Care Law for Georgia on
Q: When can a hospital give your medical records to THEIR atty?

Im involved in a lawsuit with a hospital. Because of an arrest, THEIR atty is attepting to speed up an appeal hearing by using my own medical records. Is that legal?

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2022

A Georgia attorney could answer best, but your question remains open for three weeks. If the matter is still pending, it would be best to consult with your attorney who is handling the appeal, or consider consulting an attorney if you are not represented in the appeal. I can't speak for... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Health Care Law for Georgia on
Q: Does HIPAA apply to veterinary medicine in the state of Georgia?

A friend of a client asked about the client's dog's health condition. A receptionist gave the friend information regarding the dog's health, however the only information given was the diagnosis of the dog's health condition. The client was unhappy that her dog's diagnosis... View More

Michael W. Horst
Michael W. Horst
answered on Oct 12, 2021

The Health Insurance Portability and Accountability Act (HIPPA) that governs privacy when it comes to human medical care does not apply to veterinary patients. However, Georgia has a statute on point, O.C.G.A. 24-12-31(a) which provides [n]o veterinarian licensed under Chapter 50 of Title 43 shall... View More

2 Answers | Asked in Family Law, Education Law, Health Care Law and Juvenile Law for Georgia on
Q: Divorced 2011 ex husband is primary care giver of our 17 daughter has a med conditions an he refuses to get her diagnose

He also let her quit school at 14 Ive been fightin this for 5 yrs PLEASE IM BEGGIN FOR HELP. my child cant walk and has a 6th grade edjucation. Every time i try to do something he has me locked up or restraining order taken out on me. Please help me

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 7, 2021

It would appear the only way you are going to move forward is with the assistance of legal counsel. Meet with an attorney as soon as you can to discuss your options.

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1 Answer | Asked in Health Care Law for Georgia on
Q: Can my wife Sue a hospital for physically restraining her arms and legs without her consent. There was no order by a DR.

There was no order from a Doctor to restrain her in her chart. There was no documentation in her Medical Chart of her being restrained at all. The Nurse that restrained her was not trained in the use of restraints. Furthermore, there were no notes or documentation in my wife's medical chart of... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 6, 2021

I would suggest you consult an attorney immediately because the facts discussed here lead me to believe you do have a claim against the nurse and the hospital.

I could see potential claims of medical malpractice, negligent training/supervision/hiring, assault, battery, false imprisonment,...
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1 Answer | Asked in Child Custody, Child Support and Health Care Law for Georgia on
Q: How can I get custody of my 13 year old her parents abandoned her. She needs mental health help

My niece is 13 years old she has been living with me 4 years now. Her parents moved out of state without her. She wants to see a therapist because she is depressed. They won't give me a paper stating that I can get her medical attention. I can take her to all other doctors appointments except... View More

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2021

Contact an attorney about filing for emergency custody or a depravation case in juvenile court.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Georgia on
Q: Can a hospital billing office refuse to contact an insurance company directly over a problem with the claim?

So my father had surgery in March to reverse is ileostomy, and the insurance company says that the provider listed on the claim was incorrect. They want the hospital billing office to contact them directly. However, the billing office simply says "we don't do that". So we are stuck... View More

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2020

A Georgia attorney could answer best, but your post remains open for three weeks. Until you are able to consult with a local attorney, one of the things you could look into is the correct information for the provider. Although any large hospital has its inhouse billing/collection operations, there... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Georgia on
Q: Can I sue for significant loss of bowel and bladder functions if I was never told about a bowel obstruction that rupture

During multiple attempts to get help for abdominal pain at an emergency room I underwent several emergency surgeries because of an infection in my abdomen at one point the same doctor said he reviewed all of my previous visits and told me I had a gynecological problems that would result in me... View More

Tim Akpinar
Tim Akpinar
answered on Sep 14, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. I'm not clear as to whether you have been trying to have local doctors look at your records for diagnostic and treatment purposes, or for evaluation of a potential med mal... View More

1 Answer | Asked in Health Care Law and Juvenile Law for Georgia on
Q: Can a minor child seek medical attention from a physician for sexually transmitted disease without parental consent
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 18, 2020

The answer is yes. However, the doctor may still contact the parent/legal guardian about the care or treatment the minor received.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Health Care Law for Georgia on
Q: Can a nursing school force students into hospital clinical during COVID?

I am a Georgia student who is in a nursing program that is requiring us to take clinical rotations in hospitals to progress in our degree. If we refuse, we cannot continue in the program and we aren't sure how long this crisis will last. We feel as though our hand is forced to accept... View More

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2020

This is something that a Georgia attorney could best advise on, but your post remains open for four weeks. It's difficult to say what the outcome for this would be. It could depend on the wording of the school's agreement with students, including whether it addresses unforeseeable events... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Health Care Law for Georgia on
Q: In Georgia, can a transgender minor receive hormone replacement therapy with consent from only one adult?

The parents are divorced and have joint custody. They did not go to court; they had an agreement with their own individual lawyers and counsellors. Mom has overall medical decision but would have to pursue through the courts.

Mom supports the decision, the father does not.

Homer P Jordan IV
Homer P Jordan IV
answered on Jun 29, 2020

Have you discuss the issue with the other parent? You may want to do that and see where that parent stands on the issue. Beyond that you may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Employment Law for Georgia on
Q: I was let go 1 month after my transplant was approved through our insurance. Do I have a case?
Tim Akpinar
Tim Akpinar
answered on May 17, 2020

It's difficult to say, based on these facts alone. It could depend on the provisions of the health care plan, whether you were working under a contract that addressed such benefits, whether Georgia law provides for options for employees to continue their health care coverage, and other... View More

2 Answers | Asked in Family Law and Health Care Law for Georgia on
Q: Is it against the law for a dr to force a patient to get a tubal?

I was told I didn't have a choice but to do it and I've regretted it ever since

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Mar 21, 2020

It is always your choice unless you are incapacitated and require a life saving procedure.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Consumer Law, Family Law and Health Care Law for Georgia on
Q: What are the legal liability obligations limits under Georgia law for guardian of adults related to the wards expenses.

Ward was sent to mental facility from emergency room and the ward's stay exceeded the insurance coverage limit. Is the guardian legally liable for payment of the excess charges under Georgia Law? The hospital transferred the ward to the mental facility. I read under Ga Title 29-2-21 that the... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Dec 5, 2019

The statute you referenced is not applicable because the ward is an adult. GA 29-2-21 is about minors only.

That being said, a guardian of an adult ward is not financially responsible for the ward’s expenses; these expenses would be paid for from the ward’s income and assets....
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