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Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law and Legal Malpractice for Michigan on
Q: Can I be trespassed from Bronson Methodist hospital legally. I found a bottle of profolol and mom was conscious but...

After finding a bottle of profolol and taking a pic I asked my mom's nurse if she was being given this med, she first said no, then after I asked why is this bottle in her room, the nurse said well yes she had been given the medicine. My mom was conscious but unable to talk, which is why this... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 6, 2023

It sounds as if they are concerned you were on to something. Them being aggressive to you may improve your case. Consult with experienced medical malpractice attorneys right away.

0 Answers | Asked in Health Care Law for Minnesota on
Q: Legality/Duty of a Nurse to inform patient/family of witnessed mistakes and/or neglect?

Are Nurses permitted to inform families of patients (or the patients themselves) of medical mistakes (medications, procedural) or substandard care such as neglect (leaving pts in excrement as a result of short staffing resulting in bedsores, falls with or without injury as r/t short staffing,etc)?... Read more »

0 Answers | Asked in Health Care Law for New Mexico on
Q: Can a 75 year old who does not qualify for Medicaid in any way have a Special Needs Trust?

He settled a case for a stroke, which left him needing full time care and afterwards learned that he will loose Medicare A &B.

0 Answers | Asked in Health Care Law for California on
Q: Can a prescription for a C11 Hydrocodone be sent to California

I have done it in the past but now have new insurance provider that is saying they can't because of California laws. They quote Cal Health and Safety Code 11164.1. I am in California to provide Care giving for my parents I have had this same medication sent to this address many times by the... Read more »

0 Answers | Asked in Health Care Law for New York on
Q: Hospital considered IT healthcare when the vaccine was mandated, now they don't consider IT health care for a bonus.

When the vaccine was mandated there was no getting around that IT was considered health care for the hospital, now that we were forced to get it to keep my job they did bonuses to health care workers but IT was not on this list? How is this fair? We are only health care when they want to force this... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: I have a 92 yr old mother, who will not sign a healthcare proxy can children make a health decision if she can’t

If a medical emergency arises, and she can’t make it health decision, can her children make it for her without there being a healthcare proxy

Jack Mevorach
Jack Mevorach
answered on Feb 5, 2023

No. A court appointed Guardian can.

Jack

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Does malpractice still count if you were never someone's patient? If it was your friend's unofficial diagnosis?

My friend misdiagnosed me and I was stuck in the hospital for a mental disease. I was never his official patient. Does this count as malpractice?

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 6, 2023

I assume your friend is a Dr???? A misdiagnosis by itself does not constitute malpractice. If you believe there is malpractice here consult with a medical malpractice lawyer on this site.

0 Answers | Asked in Health Care Law and Insurance Defense on
Q: Who is responsible for paying health care cost when employer does not terminate health insurance after leaving a Job?

My fiancé recently switched jobs (5 months ago). He was not offered insurance at the new job and was under the impression he didn't have health insurance. Last week we has in the hospital for a few days and told staff he didn't have insurance. However, he received a notice in the mail... Read more »

0 Answers | Asked in Health Care Law for Tennessee on
Q: I have health insurance through my job and had a baby on 12/15/22 the insurance doesnt cover my baby..why?

I live in TN. My job no longer uses this insurance. I thought my baby was an extension of me

0 Answers | Asked in Criminal Law and Health Care Law for Georgia on
Q: If you tell someone you're having a heart attack and ask them to dial 911 and they do not is that a crime

I thought I was having a heart attack last week I went across the street and asked the guard at Centennial Farms milk processing Factory called 911 I waited 45 minutes then I went back over there and asked me if you'd call then ambulance he was asleep then I had to walk up the street like 20... Read more »

2 Answers | Asked in Estate Planning and Health Care Law for California on
Q: Can someone be the healthcare advance directive and handle the estate of a patient?

Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?

The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.

Is this legally allowed?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 2, 2023

A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »

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1 Answer | Asked in Health Care Law for Arizona on
Q: medicare coverage issues , who would handle the appeals process or be able to council

I am being denied coverage for Emergency Hospital stay because the Hospital is out of Network with my Advantage Medical Plan.

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2023

An Arizona attorney could advise best, but your question remains open for three weeks. Depending on the amount in dispute and complexity of an appeal, people may choose to work with attorneys who handle health care claims. Read the fine print on the conditions for the appeal. It looks like three... Read more »

0 Answers | Asked in Health Care Law for Mississippi on
Q: Medical Waste - Legal Consequences?

A local EMS has a policy that when they dispose of medications at a hospital, they cannot have an EMS worker witness the waste, but instead a hospital employee. Because the EMS draws up before they arrive at the hospital and the hospital staff cannot confirm what is in the vile when they witness... Read more »

0 Answers | Asked in Health Care Law for Colorado on
Q: If a Massage Therapy license was revoked, are there steps/programs to work towards reinstatement? What are they?

I have a friend who made a mistake but wants to get back to being able to practice. I used to work in licensing/credentialing in other health fields (doctor, allied healthcare, etc.) and I know there are programs for drug use, insurance fraud, unethical behavior... I'm hoping there's... Read more »

0 Answers | Asked in Health Care Law for Tennessee on
Q: Any laws I need to know of to do psychotherapy with mature minors in TN?

I'm an LPC. I usually see adults, but want to open up to seeing mature minors (16-17 year olds). I know they can provide informed consent and have confidentiality. Any other laws I should be aware of?

0 Answers | Asked in Health Care Law for Idaho on
Q: A health care service has failed to provide enteral therapy supplies to a client due to supplies on back order

Manufacturer states that it is in stock. Client has suffered weight loss ext. Can client sue health care service

0 Answers | Asked in Health Care Law for Washington on
Q: I need to consult with an attorney who handles HIPPA violations.

I have a 12-year-old daughter who has been seeing a therapist for anxiety for over a year and that I have communicated with regularly. The therapist recently told me she is no longer able to communicate with me about my daughters care or treatment or disclose anything to me. I need legal help... Read more »

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