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Illinois Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law for Illinois on
Q: Can a hospital refuse to allow a covid positive patient a support visitor when the patient is emotionally unstable?

My husband was admitted on 1/10/22 positive for covid to a local facility. The virus caused blood clots in his left leg and the local facility transferred him to a sister facility for surgery. The sister facility Memorial Medical Center Springfield is denying me access to be with my husband even... Read more »

3 Answers | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: Question about a family member who is hospitalized

My brother is hospitalized after having a stroke, he not able to communicate well but for hospital aid and benefits we need to access thinks like bank statements and pay stubs. They haven’t been given to us at the bank or his job. Is there some legal paper we can get to be able to access that on... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 17, 2022

If he hasn't appointed anyone to hold his power of attorney for health care, you'll need to make an appointment with a lawyer to file papers in court to create a guardianship for a disabled adult. From what you describe, this should be done as quickly as possible.

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0 Answers | Asked in Employment Discrimination, Employment Law, Family Law and Health Care Law for Illinois on
Q: Is there a law stating one can’t get fire for not doing overtime or extra hours.

My wife and I are caregivers for my 25 year old son. I work the night shift so we share the duties to care for him. I have heard complaints at work because I’m not able to pitch in and cover overtime. Nothing has come of this yet but I would like to be a step ahead and know my rights. Money is... Read more »

1 Answer | Asked in Wrongful Death and Health Care Law for Illinois on
Q: What legal action can I take against a business who consciously ignores covid regulations, which resulted in a death?

My mother recently passed away from covid. She works at a church that refuses to acknowledge covid and follow regulations. This church is a known hotspot for covid and they still refyse to follow any kind of safety rules. We know my mother caught the virus there and covid is listed on the death... Read more »

Charles Candiano
Charles Candiano answered on Dec 22, 2021

Unfortunately, none. If your mother was truly an employee of the Church, then her/your sole remedy is through Workers' Compensation, provided that the church carries Workers' Compensation insurance. If she was an employee but the Church had no WC insurance, you may be able to sue,... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Health Care Law for Illinois on
Q: If a parent is put in a memory care assisted living by a POA. As a heir can I find or get a look at the POA

I believe fraud is Occurring

Nina Whitehurst
Nina Whitehurst answered on Dec 8, 2021

There isn't a real good way for you to get a look at it, because neither the principal nor the agent are obligated to share it with you. But if you have good grounds to suspect that elder abuse (financial or emotional or other) is taking place, then report it to your local Adult Protective... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Health Care Law for Illinois on
Q: I received a surprise invoice from a pathologist after a procedure at the dentist. Is there any way I can dispute?

I had a procedure done at the dentist. I asked several times what the full amount of costs would be ($900 all in!). They wanted my health insurance ID. I asked why, they said it's for the pathologist but it will be covered by insurance: no problems there. I confirmed this twice since I have an... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 23, 2021

An Illinois attorney would need to advise, since insurance practices are governed by state law. But your post remains open for three weeks. One option, before seeking meaningful input from a local attorney in the Chicago area could be to explore what the carrier could do. With surprise invoices,... Read more »

1 Answer | Asked in Child Support, Divorce, Family Law and Health Care Law for Illinois on
Q: What happens to my child support for Iowa but my ex wife is moving to IL. My son is covered by Iowa health insurance.
James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

Your child support is determined by the last court order. It doesn't change just because a parent moves from one state to another.

1 Answer | Asked in Personal Injury and Health Care Law for Illinois on
Q: My McDonald's burger was wrapped and had a glove wrapped with it. Can I sue them for covid health hazard?

We ate more than half the food in the bag. When I pulled out another burger to eat I noticed that there was a full blown glove wrapped with the burger.

Tyler Young
Tyler Young answered on May 19, 2020

I understand how gross this must make you feel.

Can you sue? You can sue anyone for anything, but that doesn't mean you can win. I imagine you'll have a hard time finding a lawyer to bring a claim for this unless you can prove you were injured. Injury might be a long term...
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1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for Illinois on
Q: Can a Senior citizen have a private duty nurse or a family member stay with her if she needs care?
Cheryl Powell
Cheryl Powell answered on May 15, 2020

Certainly. But if she has a family member, there should be a contract written that the family member will be paid out of the estate at the rate of x per hour and will be reimbursed for her services upon death.

That is unless she can be paid now or they forego any payment.

1 Answer | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: I had a belly button hernia at work..Workman's Comp wants 10 years of medical/work history released to company&insurance

I have only worked at this company 1 year, and really don't work to share my medical history with company.

Richard K. Johnson
Richard K. Johnson answered on Mar 5, 2020

Your employer or its insurance carrier may investigate any past medical records for the condition you claim is work related, but does not have an unfettered right to any and all medical records. Any medical authorization form you sign should be limited to the condition you claim is work related.

1 Answer | Asked in Health Care Law and Small Claims for Illinois on
Q: My father has life threatening health issues. His Dr told him he can't be treated 4 years ago can he go to court?

Dr told my father he should be dead by now and he can't treat him. And threatened him. Can he take him to court even though it happened years ago?

Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

I'm sorry for your father's ordeal. An Illinois attorney would need to answer this question, as it goes to the element of timeliness under the statute of limitations for filing a lawsuit, which is a state-specific element of procedural law. But your post remains open for three weeks. Four... Read more »

1 Answer | Asked in Estate Planning, Health Care Law, Insurance Bad Faith and Stockbroker Fraud for Illinois on
Q: What does Tod subject to STA Tod rules mean
Tim Akpinar
Tim Akpinar answered on Feb 17, 2020

Generally speaking, TOD means "Transfer on Death," and STA means "Securities Transfer Association." Your question remains open for four weeks; for a meaningful explanation of these terms, you should consider consulting with an attorney knowledgeable in probate/estate law, more... Read more »

1 Answer | Asked in Health Care Law for Illinois on
Q: I had a tooth extracted and the dentist left a peice of the tooth in my mouth. Is he responsible to me in anyway?

I had to get a 2nd extraction and disposable stiches. I asked for a refund and for additional expenses to be paid and they have not paid.

Tim Akpinar
Tim Akpinar answered on Oct 29, 2019

An Illinois attorney could answer you best, but your question remains open for two weeks. One possibility, depending on the amount of the expenses, might be small claims. Good luck

Tim Akpinar

2 Answers | Asked in Family Law and Health Care Law for Illinois on
Q: I need to change the executor of my will, legal guardian and health care.

I also need assistance with durable power of attorney

Ray Choudhry
Ray Choudhry answered on Mar 8, 2019

These are legal documents that need to be properly drafted.

You probably need a will and powers of attorney for health care and property.

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2 Answers | Asked in Criminal Law and Health Care Law for Illinois on
Q: can I get in legal trouble for picking up Rx's that were called in by real doctors but they are questioning the number

They were called in for family but The scrips were actually call in from docs. They were not controlled substances and I was helping a friend who did not have a car. So if they are legit called in by a doctor why should I be in trouble. Plus the pharmacy gave them too me and never asked a... Read more »

David J. Winer
David J. Winer answered on Dec 27, 2018

With the info provided it is impossible to determine why the police would investigate this situation. I am sure there

is more to it. I suggest that you contact a criminal defense attorney in the county where you live.

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1 Answer | Asked in Appeals / Appellate Law, Health Care Law, Legal Malpractice and Probate for Illinois on
Q: What would be the right way to go about filing an appeal in a mental health case where I have not been served?

I have a dispute with my family, they gained access to money under my name and then had me mentally committed where now they are smearing my name in court proceedings to the point where a judge is providing a waiver of service for me to attend these proceedings. According to the multitude of laws... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 1, 2018

The stakes are for too high for you to act as your own lawyer in this case. I admire your spirit, but the time has come for you to hire a lawyer. Bring him or her the research you've done, but by all means hire a lawyer. Don't risk your freedom (financial and otherwise) by trying to do it... Read more »

2 Answers | Asked in Divorce, Family Law, Child Support and Health Care Law for Illinois on
Q: How do courts split the cost of health care?

My son is on my insurance plan, and it is just the two of us. If my plan costs $100 per month, would we split half of $50? I would think my half costs $50, and my sons half costs $50 which we'd split and each pay $25 for his insurance monthly. His father thinks we should only split the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 2, 2018

There is no magic answer. Whatever you agree on or a court orders is the "correct" answer.

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1 Answer | Asked in Health Care Law and Landlord - Tenant for Illinois on
Q: can i sue apartment complex for Failing to pay hospital bills?

A couple years back I fell outside my apartment complex. It was during winter time and they didn’t clean not salted the parking lot. I took pictures and doctors/hospital paperwork. They said they were taking care of it. As of right now I thought everything but one bill was good but two years... Read more »

Steve McCann
Steve McCann answered on Feb 8, 2018

You can file a lawsuit against the complex and/or property management company, but only if it is within 2 years from the date of the incident. If it is inside of 2 years, consult with an attorney immediately. IF it is outside of 2 years, you may not have any options for recovery, as the statute... Read more »

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