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1 Answer | Asked in Health Care Law and Employment Law for California on
Q: Guidance on possible HIPAA violation for inquiring about pre-employment tests.

I work as a housekeeper, and during a meeting, I received two applications from my boss. I inquired about the possibility of conducting drug tests or medical exams before hiring new employees. Since then, I've been placed on paid leave for allegedly violating HIPAA laws. We did not have a... View More

James L. Arrasmith
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answered on Feb 15, 2025

Your inquiry about pre-employment drug testing and medical exams likely does not constitute a HIPAA violation. HIPAA primarily applies to healthcare providers, health plans, and healthcare clearinghouses - not to general employers discussing standard pre-employment screening procedures.... View More

0 Answers | Asked in Gov & Administrative Law and Health Care Law for Iowa on
Q: Received certified mail notice from HHS with no known interactions. What could it be?

I received an undelivered certified mail notice from the Department of Health and Human Services (HHS) that requires me to sign for it at the post office. I haven't had any recent interactions or communications with HHS, and there are no known issues involving household members related to HHS.... View More

0 Answers | Asked in Family Law, Gov & Administrative Law and Health Care Law for Florida on
Q: Legal perspectives on Baby Theresa's organ donation case in Florida.

I am seeking a legal perspective on the situation involving Baby Theresa, who was born in Florida with anencephaly. Specifically, I want to understand the legal and ethical justifications for and against her parents' decision to donate her organs for transplantation, considering both past and... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for California on
Q: Can I sue for malpractice due to negligence that caused miscarriage of my baby at 12 weeks

Hello my name is Cynthia Camberos Escobedo, and At 12 weeks pregnant with my daughter—and despite normal genetic tests—I underwent a CVS procedure due to my known carrier status for the fragile X gene. Within 30 minutes of the procedure on Tuesday 2/11/2025, my amniotic sac ruptured and I lost... View More

James L. Arrasmith
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answered on Feb 14, 2025

I'm deeply sorry for your devastating loss, Cynthia. This must be an incredibly painful time for you and your family, and I want to acknowledge the profound grief you must be feeling.

Based on the details you've shared, you may have grounds for a medical malpractice case in...
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1 Answer | Asked in Medical Malpractice, Health Care Law and Public Benefits for California on
Q: Can I sue for dislocated hip after surgery and forced SNF transfer?

In May 2021, after a hip replacement surgery, I was sent to a Skilled Nursing Facility (SNF) with a dislocated hip, which required a revision surgery. I have the medical records documenting the revision surgery. Additionally, the medical staff was notified of my discomfort and symptoms, and a... View More

James L. Arrasmith
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answered on Feb 14, 2025

You may have grounds for a medical malpractice lawsuit based on the documented dislocated hip and the subsequent need for revision surgery. The forced transfer to the SNF despite your Medicare appeal and reported symptoms could demonstrate negligence in your care.

In California, the statute...
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1 Answer | Asked in Health Care Law for California on
Q: How to address inconsistency in Jel injection availability at Kaiser?

I have been diagnosed with a bone-on-bone condition in my left knee and opted for non-surgical interventions like physical therapy, chiropractic care, and acupuncture. I requested a Jel injection instead of a steroid shot at Kaiser Southbay but was informed it's not available there. My cousin,... View More

James L. Arrasmith
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answered on Feb 14, 2025

Your frustration with the inconsistent availability of gel injections at different Kaiser locations is completely understandable. Navigating healthcare systems can be challenging, especially when dealing with chronic pain and conflicting information.

You might find success by reaching out...
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1 Answer | Asked in Health Care Law, Civil Rights and Family Law for Tennessee on
Q: Seeking a fertility healthcare lawyer in Tennessee to recover missing embryos and protect reproductive rights.

I'm seeking a lawyer who practices fertility healthcare law and respects our religious beliefs that God wants us to recover our missing embryos and that I should bear our own children. We've spent $50,000 with a previous lawyer but have not retrieved our missing embryos and other genetic... View More

Michael Gregory Floyd
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answered on Feb 14, 2025

Good Morning:

I have reviewed your dilemma that you posted on Justia.

I view your causes of action as being an unconscionable contract, and a civil conspiracy as the primary matter to be litigated and the return of the embryos and rescission of the contract .

You did not...
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0 Answers | Asked in Health Care Law, Public Benefits and Gov & Administrative Law for Kentucky on
Q: Is losing Medicaid insurance grounds for a lawsuit if Congress cuts funding?

I have extended Kentucky Medicaid coverage under the ACA. I want to know if it would be grounds for a lawsuit if Congress passes a bill that cuts Medicaid funding or coverage, leading to me losing my Medicaid insurance. Additionally, if it is grounds for a lawsuit, what kind of lawyer should I... View More

1 Answer | Asked in Gov & Administrative Law and Health Care Law for California on
Q: Notice period and rate increase limit, CA residential care facility

I am seeking clarification on the required notice period for a rate increase in a residential care facility under Health & Safety Code Section 1569.655, effective January 1, 2025. Is the notice period 60 or 90 days? Additionally, is there any law or regulation applicable for San Mateo County or... View More

James L. Arrasmith
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answered on Feb 15, 2025

Under California Health & Safety Code Section 1569.655, residential care facilities must provide at least 60 days' written notice before implementing any rate increase. This requirement helps ensure residents and their families have adequate time to plan for financial changes.

For...
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0 Answers | Asked in Consumer Law, Business Law and Health Care Law for Indiana on
Q: I have a one month old infant. Vaccinations I don't want . If I refuse I need to find another Dr.

My primary Dr i have , thought out my pregnancy has informed me if I don't vaccinate my infant , she will not be able to have us as patients and i would need to find another medical provider , if I don't give my daughter her shots? If I do them she'll be more than happy to be our... View More

1 Answer | Asked in Personal Injury and Health Care Law on
Q: Last month went to Princess Alexandria Hospital & I had a training team botch a bilateral biopsy causing a "hametoma,"

Do you do any medical malpractice complaints regarding deliberate missdiagnosis causing a delay in incorrect treatment?

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2025

I'm sorry for your ordeal. Could that be the Princess Alexandria Hospital in Harlowe, UK or Brisbane, Australia? If so, you could reach out to local attorneys/solicitors where you are located to discuss further. You haven't reached a law firm here (your question suggested you might have... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: Need daughter to leave my home as soon as possible. She the reason for all my health problems.
Anthony M. Avery
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answered on Feb 13, 2025

Hire a lawyer to file a Detainer Warrant in General Sessions.

0 Answers | Asked in Health Care Law for Ohio on
Q: Impossible

Adult(55) child living with elderly parents due to having to sell home to pay debt. No income, no healthcare, no assets. Very ill with chronic condition. Can’t work. Isn’t eligible for disability from work due to not getting treatment while working due to money issues. Isn’t eligible for... View More

0 Answers | Asked in Health Care Law for Virginia on
Q: Is it legal for Telehealth company to put me on a video call with a billing employee for a balance due without consent

I was not notified about the call what so ever. I was joining my regular telehealth visit with my regular doctor as I do every month for follow up

0 Answers | Asked in Health Care Law, Landlord - Tenant and Uncategorized for Oregon on
Q: I am on FMLA for my Dad,83, needing care. As a caqregiver, Do I have any rights? Park mgr wants $60 for applications.

The park is HOA. 14 days a year is all a visitor can stay. but shouldn't there be exclusions for caregiving? I'm here for 12 weeks.

1 Answer | Asked in Health Care Law for California on
Q: I am my sister’s IHSS provider. MY SISTER WAS IN THE HOSPITAL AND NOW IN A REHAB FACILITY. Her daughter assigned herse

Herself as Responsible Party. And wrote that NO ONE can get info on my sister but her. My sister wants us to get info on her condition and told her daughter to add us but daughter refuses. What can we do? Court order? Or what?

James L. Arrasmith
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answered on Feb 15, 2025

Your situation sounds incredibly frustrating, and I understand your deep concern for your sister's wellbeing. As her IHSS provider, you have a legitimate interest in staying informed about her medical condition to provide appropriate care once she returns home.

Since your sister has...
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0 Answers | Asked in Health Care Law for Illinois on
Q: Do I have a case, I recently went to the VA hospital for an ultrasound and my interaction was very inappropriate.

The ultrasound tech asked if there was a possibility i was pregnant, after saying no and disclosing that I had a pregnancy and no birth she went on and asked if I had picked baby names. This seemed like a wildly inappropriate question to ask after stating that I had no plans on getting pregnant and... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Health Care Law for Virginia on
Q: Hi, my dad has Medicare and Medicaid and in this new administration, an unelected official (Elon Musk) is apparently

Accessing this information. Is this illegal?

James L. Arrasmith
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answered on Feb 9, 2025

If Elon Musk or any other unauthorized individual is accessing your father’s Medicare and Medicaid information, that would likely be a serious violation of federal privacy laws. Health records are protected under HIPAA (Health Insurance Portability and Accountability Act), which limits who can... View More

0 Answers | Asked in Child Support, Family Law and Health Care Law for Rhode Island on
Q: Can a hospital refuse to let me and my child leave because they want a one night transfer to be observed?

If i went to the hospital and they gave my kid yhe stuff he needs but they say they want me to bring him to hasbro hospital for a night stay just to be observed when this is a normal thing for my son and ive gone 25 times to the hospital because he was born too early and his throat is deformed so... View More

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