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Health Care Law Questions & Answers
0 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Kentucky on
Q: Nursing License

I’m just needing resources in or around my area who specialize in situations with the nursing board. Would just any lawyer in my city be able to handle this or should I look for someone else?

1 Answer | Asked in Health Care Law and Insurance Bad Faith for New York on
Q: I was denied an MRI from Emblem health several times. New insurance now diagnosed with arthritis can I sue Emblem?

Emblem was my former insurance through my former employer. I suffer from hip pain. I was approved for an X-ray of my hip which showed normal. However the pain was severe. My PCP requested an MRI on my behalf several times, but Emblem denied the request each time. My coverage ended with Emblem on... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2022

I'm sorry for your ordeal. You ask if you could sue. I think it would be difficult to find a law firm to handle such a matter on a contingency basis. MRIs are often initially denied as a knee-jerk reaction in many instances. They are big-ticket items compared to other less-sophisticated... Read more »

0 Answers | Asked in Health Care Law for Pennsylvania on
Q: My husband was lifeflighted to the hospital last night, we are separated now for 2 years, but not officially divorced

Am I legally allowed to know what happened to him? And diagnosis?

0 Answers | Asked in Appeals / Appellate Law, Gov & Administrative Law and Health Care Law for Tennessee on
Q: Need an appeal letter sent to a regional branch manager at OCR in Atlanta GA on a HIPAA Notice that was absolutely wrong

Need to appeal a 09/14/22  decision OCR Notice from a Regional Manager in Atlanta, GA on a HIPAA violation.  A doctor deleted my patient portal. and (8) months later I still haven't received my records. It took (15) months to receive (2) other records. I have (very high-up) HHS staff... Read more »

0 Answers | Asked in Health Care Law for Illinois on
Q: What options are available to a parent who is being denied visitation by the spouse of their grown son.

The son is incapacited and in the hospital, currently unable to speak fully. The wife is currently not allowing the mother visitation.

0 Answers | Asked in Health Care Law for Tennessee on
Q: My employer provides group health insurance and my premium of close to $2000 per month. Can I cancel b4 enrollment?

I recently divorced and can no longer afford the expense! Am I forced by law to keep paying this when I truly cannot afford this ridiculously overpriced expense! I can save a qtr. of that monthly and pay any Dr or hospital myself. I am somewhat aware of the TN laws and enrollment period but is... Read more »

0 Answers | Asked in Personal Injury, Banking, Car Accidents and Health Care Law for Pennsylvania on
Q: I was in a car accident in 2010,I was threw 3 different recovery programs till the 1I am at now. I'm need in Dyer Help.

I was at 3 other programs, First I was at was W.P.I.C where they had been giving the wrong medication for I cant remember how long the amount of time, I jumped threw a window from being given wrong medication for a mount of time, but that is in my records. It had been more than a year, at first.... Read more »

0 Answers | Asked in Child Support, Civil Rights, Collections and Health Care Law for California on
Q: are 2014-7 difficulty of care payments us code 26 section 131 payments garnishable by child support services dept

im a live in care provider for my aunt who is disabled and being garnished for arrears for now 30 year old son. i spoke with case worker at cssd but she knows nothing about it but I think she kinda knows . can I file a law suit against cssd

1 Answer | Asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Criminal Law for California on
Q: My husband is at o.c. irc jail and has pulmonary hypertension and they do not have 1 of the 3 meds he needs. What now?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

A jail has a due process requirement to provide medications that are necessary. To failure to do so is also a violation of the cruel and unusual punishment prohibition in the United States Constitution. I would petition for review.

1 Answer | Asked in Health Care Law for California on
Q: Psychiatrist prescribed Austedo or Ingrezza for tardive dyskinesia, but my Kaiser insurance won't cover it. Can I sue?

These are the only two medications for T.D. My psychiatrist is telling me to sue and he's saying that Kaiser has had to pay out often over the past twenty years for not adequately covering mental health problems.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

You may be able to sue for insurance bad faith if they are unjustifiably denying your claim.

0 Answers | Asked in Employment Law and Health Care Law for Colorado on
Q: Can you record a private meeting about discipline and harassment with HR on hospital grounds? Does this breach HIPAA?

This is a meeting behind closed doors where only the employee and HR are discussing a harassment case. No patient information of any kind is discussed.

1 Answer | Asked in Family Law and Health Care Law for Puerto Rico on
Q: What recourse toward hospital not living up to father's living will in PR? How do we take him off life support?

My father has been in residence at La Casa Del Veterano in Juana Diaz for many years along with my mom. Sept 24/25 he was taken to Hospital San Cristobal for problems with Covid, where they were told and then provided with a living will by my aunt. They said because it was created in the US, it... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 29, 2022

The Puerto Rico Notary Law, Public Law No. 75 of July 2, 1987, as amended, requires that legal documents authorized by notary publics in the U.S. be legalized by the government institution that authorizes the commission of notary publics in that state. Then, said document should be protocolized by... Read more »

0 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Texas on
Q: Could I train and practice as a mohel without being Jewish? Also I'm an RN (If that matters)

I only know of one mohel in the DFW area, and he comes from out of state. So there is a need, but I'd like to know what the law says about a non-jew working as a mohel

0 Answers | Asked in Health Care Law and Insurance Bad Faith for Missouri on
Q: Health Insurance misleading or non-responsive to q's

My health insurance company continually refuses to answer direct questions I have re: claim denial. Specifically, what codes were used. In addition, they also provide false/misleading answers to questions re: claims, my policy. My Q: what laws could they potentially be violating with this tactic?

0 Answers | Asked in Health Care Law and Medical Malpractice for Illinois on
Q: Can a Emergency doctor deny you medication if your being too loud in pain and Putting you on a hour timer ?

I have a chronic medical condition that requires many hospitalizations . Can a doctor with a record of my medical history deny me the medications I need because I was vomiting too loud, & in extreme amounts of pain. Putting me on a hour long timer. If I messed up and made a sound they would... Read more »

0 Answers | Asked in Identity Theft, Legal Malpractice, Medical Malpractice and Health Care Law for Arkansas on
Q: A doctor asked for my medical records. He said he’s teaching his class with my records. It that legal?

I’m the first case of Sickle Cell Anemia SS Arkansas. The doctors said I was signing for surgery. What are my legal rights?

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